_ _______*__________





Sunday, March 19, 2006



The House of Delegates met at 11:30 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, March 18, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 125, Budget Bill.
Enr. Com. Sub. for H. B. 4172, Authorizing the Department of Administration to promulgate legislative rules. still being in possession of the Clerk was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates then reconsidered the vote on the passage of the effective date.
On further motion of Delegate Staton, the House of Delegates then reconsidered the vote whereby it had adopted a title amendment.
On further motion of Delegate Staton, the House of Delegates then reconsidered the vote whereby it passed the bill.
The question being on the passage of the bill, the yeas and nays were taken
On this question, the yeas and nays were taken (Roll No. 679), and there were--yeas 74, nays 14, absent and not voting 12, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Duke, Frich, Lane, Louisos, Overington, Schoen, Sobonya, Stevens, Sumner, Walters and Webster.
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Ashley, Azinger, Barker, Beane, Boggs, Brown, Browning, Butcher, Campbell, Canterbury, Caputo, Craig, Crosier, DeLong, Ellem, Ennis, Evans, Fragale, Frederick, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Leach, Leggett, Long, Longstreth, Mahan, Manchin, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Stalnaker, Staton, Stemple, Stephens, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Webster, Wells, G. White, H. White, Williams, Wysong and Yost.
Absent and Not Voting: Beach, Cann, Carmichael, Doyle, Ferrell, Hall, Houston, Hunt, Marshall and Perdue.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4172) passed, as a result of the objections of the Governor.
On motion of Delegate Staton, the title of the bill was then amended to read as follows:
Enr. Com. Sub. for H. B. 4172 - "A Bill to amend and reenact §64-1-1 of the code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the promulgation of administrative rules by the Department of Administration and the procedures relating thereto legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; and disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design Build Procurement Act; disapproving promulgation of a rule by the Department of Administration relating to cannibalization of state property; disapproving promulgation of a rule by the Department of Administration relating to waste disposal of state property; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Benefit Plan; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the Commission; authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; authorizing the Ethics Commission to promulgate a legislative rule relating to a code of conduct for administrative law judges; authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records; authorizing the Ethics Commission to promulgate a legislative rule relating to compliance audits; and authorizing the Ethics Commission to promulgate a legislative rule relating to ethics training requirements for designated public officials."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 680), and there were--yeas 81, nays 9, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Duke, Louisos, Schoen, Sobonya, Stevens, Sumner and Walters.
Absent and Not Voting: Beach, Cann, Carmichael, Doyle, Ferrell, Hall, Houston, Hunt, Marshall and Perdue.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4172) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Conference Committee Reports

Delegate Michael, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for S. B. 125, Budget bill.
Submitted the following report, which was received:
Your committee on conference on the disagreeing votes of the two houses as to the amendment of the House to Eng. Com. Sub. for S. B. 125 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
TITLE I-GENERAL PROVISIONS.

Section 1. General policy.-The purpose of this bill is to appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year two thousand seven.
Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as amended.
"Spending unit" shall mean the department, bureau, division, office, board, commission, agency or institution to which an appropriation is made.
The "fiscal year two thousand seven" shall mean the period from the first day of July, two thousand six, through the thirtieth day of June, two thousand seven.
"General revenue fund" shall mean the general operating fund of the state and includes all moneys received or collected by the state except as provided in section two, article two, chapter twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which by legislative enactments are not required to be accounted for as general revenue, including federal funds.
"From collections" shall mean that part of the total appropriation which must be collected by the spending unit to be available for expenditure. If the authorized amount of collections is not collected, the total appropriation for the spending unit shall be reduced automatically by the amount of the deficiency in the collections. If the amount collected exceeds the amount designated "from collections," the excess shall be set aside in a special surplus fund and may be expended for the purpose of the spending unit as provided by article two, chapter eleven-b of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time, part- time and temporary employees of the spending unit but shall not include fees or contractual payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal services" shall include salaries of heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible employees" and shall be disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to "personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching, workers' compensation, unemployment compensation, pension and retirement contributions, public employees insurance matching, personnel fees or any other benefit normally paid by the employer as a direct cost of employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost shall be transferred by each spending unit from its "personal services" line item or its "unclassified" line item or other appropriate line item to its "employee benefits" line item. If there is no appropriation for "employee benefits," such costs shall be paid by each spending unit from its "personal services" line item, its "unclassified" line item or other appropriate line item. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of article two, chapter eleven-b of the code.
"BRIM Premiums" shall mean the amount charged as consideration for insurance protection and includes the present value of projected losses and administrative expenses. Premiums are assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia, general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for "BRIM Premiums" be insufficient to cover such cost, the remainder of such costs shall be transferred by each spending unit from its "personal services" line item, its "employee benefit" line item, its "unclassified" line item or any other appropriate line item to "BRIM Premiums" for payment to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation. Such expenditures shall be considered an employee benefit.
"Current expenses" shall mean operating costs other than personal services and shall not include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable and calculable period of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and repairs to structures and minor improvements to property which do not increase the capital assets.
"Buildings" shall include new construction and major alteration of existing structures and the improvement of lands and shall include shelter, support, storage, protection or the improvement of a natural condition.
"Lands" shall mean the purchase of real property or interest in real property.
"Capital outlay" shall mean and include buildings, lands or buildings and lands, with such category or item of appropriation to remain in effect as provided by section twelve, article three, chapter twelve of the code.
In vesting the power of the purse with the Legislature, the founding fathers recognized the inherent political nature of budgeting and established the Legislature to function as a crucible for the venting and vetting of political tensions and ideas, the improvement of good ideas and the imperilment of bad ones. By design, each of the 134 legislators functions as a check and balance, if not contributor to, the policies and appropriations under his or her consideration. Also unique to the Legislative Branch is its division into committees, parties and caucuses and designation of individuals as minority and majority leaders and whips, each facilitating consideration of important and political ideas; its two houses, extensive rules, procedural requirements, committee structure and the executive veto, reduction and deletion powers, all designed to ensure prudence and ensnare imprudent proposals; the two-year election cycle of the House, staggered terms of the Senate and the size and geographical nature of Legislative districts, each contributing to the superior representative nature of this branch of government; and its function as a check and balance on the Executive, each of which contributes to the Legislature's unique ability to process these inherently political decisions. Unchecked and unlimited executive authority to modify the State budget through transfers to undesignated budget activities would not lend to minimizing waste, reducing spending and balancing the maintenance of taxes against the derived benefit and would circumvent the fundamental Constitutional design embodied in the doctrine of the separation of powers, the budget process itself and the protections provided within the Legislature's architecture. Even more fundamentally, such approach would serve to erode the very delegation of democracy.
While bureaucrats possess extensive knowledge of their programs and populations, they are not qualified to determine the highest uses of the people's resources. Their views of the State are appropriately centric to their specific programs and roles, and their universes are appropriately small and contained. Bureaucrats tend to approach these decisions with a bias toward spending and enhancing their own programs and comforts. Bureaucrats are not accountable to the voters and do not make decisions within a forum designed for challenge, debate, consensus and regional representation. For these and other reasons the Governor's proposed method for rededicating monies saved due to efficiencies is hereby declined.
However, it continues to be the expectation of the Legislature that West Virginia's Governor and public managers will do everything in their power to improve the efficiency and effectiveness of State government. While providing the best possible value back to the citizens of the State should be the primary motive of every public official and employee, the Legislature hereby declares that in its formulation of the Fiscal Year 2008 budget and supplemental amendments to this 2007 budget, it will duly consider spending unit recommendations for alternate usage of efficiency savings when a spending unit can document an efficiency savings to one or more General Revenue line-items and justify its recommendation for an alternative use. The Legislative Auditor shall prescribe forms and procedures for spending units to recommend alternate uses, receive and disseminate these requests and otherwise administer these provisions. The purpose of making government more efficient is not merely to provide more resources to be spent on other initiatives. In making these recommendations for alternate usage of efficiency savings, public officials and employees shall be sensitive to the tax burden shouldered by West Virginia citizens and businesses and the many unmet needs affecting their health, safety and welfare. While the Legislature may be predisposed to granting a spending unit's recommendation, its consideration of the need for tax relief and the merit of other possible uses of these resources is absolutely indispensable and nondelegable.
In further exercise of its responsibilities, the Legislature includes in this budget certain appropriations in line-items which more specifically describe the purposes for which the appropriations are made than are described in the more general line-items proposed by the executive. In the event these more specific items or parts thereof are disapproved, the funds appropriated for those purposes may not be expended for any other purposes than those which were disapproved, except for such purposes as may be provided by enactment of a supplementary appropriation bill. The Constitution vests the power of the purse, the power to appropriate public funds, solely in the legislative branch of this State's government. The inclusion of more specific line-items in an appropriations bill is a means by which the Legislature effectively decreases items of appropriation proposed by the executive for other purposes. The exercise of the power of the executive to disapprove specific items or parts thereof of appropriations bills can not operate to increase appropriations of the money contained in those items for other purposes, a result which the executive may not achieve by either direct or indirect means under the Constitution of this State. The expenditure of funds for purposes other than those contained in a line-item disapproved by the Governor would be an unconstitutional appropriation of public funds and a usurpation of the power of appropriation reserved exclusively to the legislative branch. It is the intent of the Legislature to resist any encroachment of the power to appropriate devolved upon and entrusted to the legislative branch by the citizens of this State through their Constitution.
From appropriations made to the spending units of state government, upon approval of the governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.
Appropriations classified in any of the above categories shall be expended only for the purposes as defined above and only for the spending units herein designated: Provided, That the secretary of each department shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: Provided, however, That no more than five percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer funds appropriated to "personal services" and "employee benefits" to other lines within the same account and no funds from other lines shall be transferred to the "personal services" line: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer general revenue funds appropriated to "annual increment" to other general revenue accounts within the same department, bureau or commission for the purpose of providing an annual increment in accordance with article five, chapter five of the code: Provided further, That no authority exists hereunder to transfer funds into line-items to which no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer, except that the use of the appropriations from the state road fund for the office of the secretary of the department of transportation is not a use other than the purpose for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of expenditures for different purposes cannot well be determined in advance or it is necessary or desirable to permit the spending unit the freedom to spend an appropriation for more than one of the above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise specifically directed, shall be appropriated and expended according to the provisions of article three, chapter twelve of the code or according to any law detailing a procedure specifically limiting that article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.

ORDER OF SECTIONS


SECTION 1.
Appropriations from general revenue.

SECTION 2.
Appropriations from state road fund.

SECTION 3.
Appropriations from other funds.

SECTION 4.
Appropriations from lottery net profits.

SECTION 5.
Appropriations from state excess lottery revenue.

SECTION 6.
Appropriations of federal funds.

SECTION 7.
Appropriations from federal block grants.

SECTION 8.
Awards for claims against the state.

SECTION 9.
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 eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand seven.
LEGISLATIVE

  1. -Senate

Fund 0165 FY 2007 Org 2100

General
Revenue
ActivityFund

Compensation of Members (R)003$
1,010,000

Compensation and Per Diem of Officers
and Employees (R)005
3,003,210

Employee Benefits (R)010
597,712

Current Expenses and
Contingent Fund (R)021
700,000

Repairs and Alterations (R)064
450,000

Computer Supplies (R)101
40,000

Computer Systems (R)102
250,000

Printing Blue Book (R)103
150,000

Expenses of Members (R)
399
700,000

BRIM Premium (R)
913
29,482

Total$
6,930,404

The appropriations for the senate for the fiscal year 2006 are to remain in full force and effect and are hereby reappropriated to June 30, 2007. Any balances so reappropriated may be transferred and credited to the fiscal year 2007 accounts.
Upon the written request of the clerk of the senate, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate, for any bills for supplies and services that may have been incurred by the senate and not included in the appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the business and after adjournment of any regular or extraordinary session, and for the necessary operation of the senate offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by the senate resolution adopted during any such session. The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate. The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of all such staff personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly salary as provided by the senate resolution, unless increased between sessions under the authority of the president, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the clerk of the senate and shall include seventy-five copies for each member of the Legislature and two copies for each classified and approved high school and junior high or middle school and one copy for each elementary school within the state.
  1. -House of Delegates

Fund 0170 FY 2007 Org 2200

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

Compensation and Per Diem of Officers
and Employees (R)005
680,000

Current Expenses and Contingent Fund (R)021
4,221,162

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

BRIM Premium (R)913
28,120

Total$
8,389,282

The appropriations for the house of delegates for the fiscal year 2006 are to remain in full force and effect and are hereby reappropriated to June 30, 2007. Any balances so reappropriated may be transferred and credited to the fiscal year 2007 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.
  1. -Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2007 Org 2300

Joint Committee on
Government and Finance (R)
104$
6,845,189

Legislative Printing (R)105
800,000

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

Legislative Computer System (R)107
900,000

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

Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)
642
10,000,000

BRIM Premium (R)
913
22,000

Total$
18,810,189

The appropriations for the joint expenses for the fiscal year 2006 are to remain in full force and effect and are hereby reappropriated to June 30, 2007. Any balances so reappropriated may be transferred and credited to the fiscal year 2007 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.
Of the unexpended balance of the appropriation for Supplement for PERS and TRS 2006 - Surplus (fund 0175, activity 679) reappropriated for expenditure in FY2007, $7,987,000 shall be transferred to the Teachers Employers Contribution Collection Account (fund 2607), and $2,013,000 shall be transferred to the Income Fund (fund 2501). This appropriation, in addition to the $30 million of statutory transfers, is intended to fully fund the one-time supplements to retirement benefits of the annuitants described in West Virginia Code §5-10-22i and §18-7A-26t as enacted by House Bill No. 4846 (2006 Regular Session). According to the Actuarial Note to HB 4846, this combined funding of $40 million will be sufficient to provide no more than a three percent one-time supplement.
JUDICIAL

  1. -Supreme Court-

General Judicial

Fund 0180 FY 2007 Org 2400

Personal Services (R)
001
$56,183,746

Annual Increment (R)004
550,000

Employee Benefits (R)
010
17,280,123

Unclassified (R)
099
17,413,444

Judges' Retirement System (R)110 2,333,000
Retirement Systems-Unfunded Liability
775
3,701,000

BRIM Premium (R)913
374,015

Total
$97,835,328

The appropriations to the supreme court of appeals for the fiscal years 2004, 2005 and 2006 are to remain in full force and effect and are hereby reappropriated to June 30, 2007. Any balances so reappropriated may be transferred and credited to the fiscal year 2007 accounts.
This appropriation shall be administered by the administrative director of the supreme court of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making deductions therefrom as required by law for taxes and other items.
The appropriations for the Judges' Retirement System and Retirement Systems-Unfunded Liability are to be transferred to the consolidated public retirement board, in accordance with the law relating thereto, upon requisition of the administrative director of the supreme court of appeals.
EXECUTIVE

  1. -Governor's Office

(WV Code Chapter 5)

Fund 0101 FY 2007 Org 0100

Personal Services001$ 2,423,506
Salary of Governor002
95,000

Annual Increment004
16,000

Employee Benefits010
714,000

Unclassified (R)099
1,464,425

National Governors' Association123
170,200

Southern States Energy Board
124
28,732

Southern Governors' Association
314
25,000

Pharmaceutical Cost
Management Council (R)
796
501,800

BRIM Premium
913
245,870

Total$ 5,684,533
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, activity 099), Publication of Papers and Transition Expenses-Surplus (fund 0101, activity 359), Publication of Papers and Transition Expenses (fund 0101, activity 465), Capital Outlay, Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101, activity 665), and Pharmaceutical Cost Management Council (fund 0101, activity 796) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Governor's Office-

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2007 Org 0100

Unclassified-Total (R)096$
581,779

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0102, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
Funds are to be used for current general expenses, including compensation of employees, household maintenance, cost of official functions and additional household expenses occasioned by such official functions.
  1. -Governor's Office-

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2007 Org 0100

Business & Economic Development
Stimulus (R)
586
$0

Civil Contingent Fund
614
0

Total
$0

Any unexpended balances remaining in the appropriation for Stream Restoration-Surplus (fund 0105, activity 078), Business and Economic Development Stimulus-Surplus (fund 0105, activity 084), Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund- Surplus (fund 0105, activity 263), Business and Economic Development Stimulus (fund 0105, activity 586), and Civil Contingent Fund (fund 0105, activity 614) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
From this appropriation there may be expended, at the discretion of the governor, an amount not to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency funding for accidental, unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to be expended for the normal day-to-day operations of the governor's office.
  1. -Auditor's Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2007 Org 1200

Personal Services001$
2,139,732

Salary of Auditor002
75,000

Annual Increment004
37,265

Employee Benefits010
769,039

Unclassified 099
623,326

BRIM Premium
913
15,428

Total$
3,659,790

  1. -Treasurer's Office

(WV Code Chapter 12)


Fund 0126 FY 2007 Org 1300

Personal Services001$
1,859,078

Salary of Treasurer002
75,000

Annual Increment004
25,000

Employee Benefits010
614,996

Unclassified (R)099
849,756

Abandoned Property Program118
290,184

Tuition Trust Fund (R)692
150,880

Tuition Trust Fund-Unfunded Liability
698
0

BRIM Premium
913
33,419

Total
$
3,898,313

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2007 Org 1400

Personal Services001$
3,789,370

Salary of Commissioner002
75,000

Annual Increment004
82,632

Employee Benefits010
1,518,466

Animal Identification Program039 201,755
State Farm Museum
055
110,000

Unclassified (R)099
888,701

Gypsy Moth Program (R)119
982,571

Huntington Farmers Market
128
50,000

Black Fly Control (R)
137
804,882

Donated Foods Program
363
50,000

Predator Control470
195,000

Logan Farmers Market
501
40,900

Bee Research
691
32,421

Farmers Markets
743
0

Microbiology Program (R)785
155,931

Moorefield Agriculture Center (R)786
1,112,762

BRIM Premium
913
130,804

WV Food Banks
969
100,000

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

Total
$
10,386,195

Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0131, activity 097), Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131, activity 137), Microbiology Program (fund 0131, activity 785), and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for marketing and development activities.
From the above appropriation for WV Food Banks (activity 969), the full appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.
  1. -West Virginia Conservation Agency


(WV Code Chapter 19)

Fund 0132 FY 2007 Org 1400

Personal Services001$
476,713

Annual Increment004
9,300

Employee Benefits010
183,779

Unclassified (R) 099
455,101

Soil Conservation Projects (R)120
5,880,741

BRIM Premium
913
12,969

Total$
7,018,603

Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, activity 099), Soil Conservation Projects (fund 0132, activity 120), Soil Conservation Projects-Surplus (fund 0132, activity 269), and Maintenance of Flood Control Projects (fund 0132, activity 522) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)

Fund 0135 FY 2007 Org 1400

Unclassified-Total096$
646,614

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.
  1. -Department of Agriculture-

Agricultural Awards

(WV Code Chapter 19)

Fund 0136 FY 2007 Org 1400

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

Commissioner's Awards and Programs737
43,650

Total
$ 58,650

  1. -Department of Agriculture-

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2007 Org 1400

Unclassified-Total
096
$
110,000

  1. -Attorney General

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


Fund 0150 FY 2007 Org 1500

Personal Services (R)001
$
2,042,780

Salary of Attorney General002
80,000

Annual Increment004
46,284

Employee Benefits (R)010
773,098

Unclassified (R)099
356,716

Better Government Bureau 740
300,310

BRIM Premium
913
118,590

Total
$
3,717,778

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
When legal counsel or secretarial help is appointed by the attorney general for any state spending unit, this account shall be reimbursed from such spending units specifically appropriated account or from accounts appropriated by general language contained within this bill: Provided, That the spending unit shall reimburse at a rate and upon terms agreed to by the state spending unit and the attorney general: Provided, however, That if the spending unit and the attorney general are unable to agree on the amount and terms of the reimbursement, the spending unit and the attorney general shall submit their proposed reimbursement rates and terms to the Governor for final determination.
  1. -Secretary of State

(WV Code Chapters 3, 5 and 59)


Fund 0155 FY 2007 Org 1600

Personal Services001$
627,495

Salary of Secretary of State002
70,000

Annual Increment004
11,950

Employee Benefits010 236,436
Unclassified (R)099
123,325

BRIM Premium913
41,356

Total
$
1,110,562

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -State Election Commission

(WV Code Chapter 3)


Fund 0160 FY 2007 Org 1601

Unclassified-Total096$
10,275

DEPARTMENT OF ADMINISTRATION

  1. -Department of Administration-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2007 Org 0201

Unclassified
099
$
288,772

Lease Rental Payments
516
16,000,000

Design-Build Board
540
19,068

Efficiency Savings
799
0

BRIM Premium
913
13,171

Total
$
16,321,011

Any unexpended balances remaining in the appropriations for Program Review (fund 0201, activity 086) and Financial Advisor (fund 0201, activity 304) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty- one, article fifteen, section six-b of the code.
  1. -Consolidated Public Retirement Board

(WV Code Chapter 5)


Fund 0195 FY 2007 Org 0205

Unclassified-Total-Transfer
402
$
150,517,000

Any unexpended balance remaining in the appropriation for Pension Merger Administrative Costs (fund 0195, activity 429) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
The above appropriation for Unclassified-Total-Transfer (fund 0195, activity 402) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (fund 2601) only after all other funding required by Title II- Appropriations, Section One, Appropriations from General Revenue have been satisfied as determined by the Director of the Budget. Further, the above appropriation shall not be considered in the aggregate eligible for consideration of the five percent secretary transfer authority granted in "Title I - General Provisions, Sec. 3. Classifications and appropriations."
Should the actual revenues accruing to the General Revenue Fund be insufficient to fully fund all appropriations of "Title II-Appropriations, Section One, Appropriations from General Revenue," the appropriation to the Unclassified-Total-Transfer (fund 0195, activity 402) shall be reduced to the extent funds are available and the appropriation made in the reduced amount and thereafter transferred to the unclassified-Total-Transfer (fund 0195, activity 402).
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.
  1. -Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2007 Org 0209

Personal Services001$
106,278

Annual Increment004
838

Employee Benefits010
28,829

Unclassified099
140,713

GAAP Project (R)125
893,971

BRIM Premium
913
20,696

Total$
1,191,325

Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2007 Org 0211

Personal Services001$
542,419

Annual Increment004
21,162

Employee Benefits010
231,448

Unclassified099
487,767

Fire Service Fee
126
14,000

BRIM Premium913
112,481

Total$
1,409,277

  1. -Division of Purchasing

(WV Code Chapter 5A)


Fund 0210 FY 2007 Org 0213

Personal Services001$
910,219

Annual Increment004
12,228

Employee Benefits010
292,255

Unclassified099
279,712

BRIM Premium
913
6,167

Total$
1,500,581

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.
  1. -Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2007 Org 0217

Unclassified-Total096$
31,000

To pay expenses for members of the commission on uniform state laws.
  1. -Education and State Employees' Grievance Board

(WV Code Chapter 18)

Fund 0220 FY 2007 Org 0219

Personal Services001$
625,335

Annual Increment004
8,100

Employee Benefits010
173,167

Unclassified099
154,567

BRIM Premium
913
4,133

Total$
965,302

  1. -Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2007 Org 0220

Unclassified099$
696,596

BRIM Premium
913
3,404

Total$
700,000

  1. -Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2007 Org 0221

Personal Services001$
533,108

Annual Increment004
6,350

Employee Benefits010
189,335

Unclassified 099
308,712

Appointed Counsel Fees and
Public Defender Corporations127
0

Public Defender Corporation (R)
352
14,727,936

Appointed Counsel-Public Defender
Conflicts
568
2,100,000

Appointed Counsel Fees (R)
788
11,185,417

BRIM Premium
913
23,262

Total$
29,074,120

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2007 Org 0224

Unclassified-Total096$
5,046

  1. -Public Employees Insurance Agency

(WV Code Chapter 5)

Fund 0200 FY 2007 Org 0225

Employees Subsidy
$
2,800,000

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.
  1. -West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2007 Org 0228

Forensic Medical Examinations (R)683$
141,593

Federal Funds/Grant Match (R)749
84,672

Total$ 226,265
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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 0588 FY 2007 Org 0230

Unclassified-Total (R)
096
$
10,966,703

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0588, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
DEPARTMENT OF COMMERCE

  1. -Division of Tourism

(WV Code Chapter 5B)

Fund 0246 FY 2007 Org 0304

Any unexpended balances remaining in the appropriations for Tourism Special Projects-Surplus (fund 0246, activity 293) and Tourism-Special Projects (fund 0246, activity 859) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Forestry

(WV Code Chapter 19)


Fund 0250 FY 2007 Org 0305

Personal Services001$ 2,063,159
Annual Increment004 53,333
Employee Benefits010 949,194
Unclassified
099
473,338

BRIM Premium
913
155,511

Total$
3,694,535

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

(WV Code Chapter 29)


Fund 0253 FY 2007 Org 0306

Personal Services001$1,242,723
Annual Increment004 38,283
Employee Benefits010 436,226
Unclassified099 203,313
Mineral Mapping System (R)207 1,565,861
Geoscience Education Program
541
25,000

BRIM Premium
913
33,752

Total$
3,545,158

Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, activity 207) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -West Virginia Development Office

(WV Code Chapter 5B)


Fund 0256 FY 2007 Org 0307

Personal Services001$ 3,967,506
Annual Increment004 63,218
Employee Benefits010 1,191,418
ARC-WV Home of Your Own Alliance
048
40,000

Southern WV Career Center
071
191,750

Unclassified099 1,431,181
Partnership Grants (R)
131
1,950,000

National Youth Science Camp
132
200,000

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

ARC Assessment
136
167,308

Institute for Software Research
217
76,213

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

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

Mingo County Surface Mine Project
296
125,000

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

Advantage Valley
389
74,300

Chemical Alliance Zone
390
38,300

WV High Tech Consortium
391
159,570

Charleston Farmers Market
476
100,000

Industrial Park Assistance (R)
480
650,000

International Offices (R)593 690,644
Grant Programs
694
0

Small Business Development
703
273,187

WV Manufacturing Extension Partnership
731
144,000

Polymer Alliance
754
115,000

National Institute of Chemical Studies
805
70,500

Local Economic Development
Assistance (R)
819
6,050,000

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

BRIM Premium
913
26,096

Hardwood Alliance Zone
992
42,600

Regional Councils
440,000

Mainstreet Program
50,000

I-79 Development Council
50,000

Total$
24,191,374

Any unexpended balances remaining in the appropriations for Tourism-Unclassified-Surplus (fund 0256, activity 075), Partnership Grants (fund 0256, activity 131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-Atlantic Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Local Economic Development Assistance-Surplus (fund 0256, activity 266), Small Business Financial Assistance (fund 0256, activity 360), Industrial Park Assistance (fund 0256, activity 480), Leverage Technology and Small Business Development Program (fund 0256, activity 525), International Offices (fund 0256, activity 593), Small Business Work Force (fund 0256, activity 735), Local Economic Development Assistance (fund 0256, activity 819), Community College Workforce Development (fund 0256, activity 878) and Economic Development Assistance (fund 0256, activity 900) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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 fourteen, article two, chapter five-b of the code. The West Virginia development office shall award the funding assistance through a matching grant program, based upon a formula whereby funding assistance may not exceed thirty-four thousand dollars per county served by an economic development corporation or authority.
From the above appropriation for the Community College Workforce Development (activity 878), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.

  1. -Division of Labor

(WV Code Chapters 21 and 47)


Fund 0260 FY 2007 Org 0308

Personal Services001$ 1,670,441
Annual Increment004 26,747
Employee Benefits010 727,959
Unclassified099
659,008

BRIM Premium
913
47,521

Total$ 3,131,676
  1. -Division of Natural Resources

(WV Code Chapter 20)


Fund 0265 FY 2007 Org 0310

Personal Services001$ 6,696,746
Annual Increment004 217,186
Employee Benefits010 3,128,299
Gypsy Moth Suppression Program -
Wildlife Management Areas014 42,997
Unclassified0999,173
Litter Control Conservation Officers564
154,171

Upper Mud River Flood Control654 180,890
Law Enforcement806
1,732,325

BRIM Premium
913
308,815

Fish Hatchery Improvements
300,000

Total$
12,770,602

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.
  1. -Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 0277 FY 2007 Org 0314

Personal Services001$ 4,130,156
Annual Increment004 72,400
Employee Benefits010 1,545,333
Unclassified099 152,003
WV Diesel Equipment Commission
712
38,034

BRIM Premium
913
74,610

Total$ 6,012,536
  1. -Board of Coal Mine

Health and Safety

(WV Code Chapter 22)


Fund 0280 FY 2007 Org 0319

Personal Services001$ 112,750
Annual Increment004 750
Employee Benefits010 29,660
Unclassified099
28,621

Total$ 171,781
  1. -Coal Mine Safety and Technical Review Committee

(WV Code Chapter 22)

Fund 0285 FY 2007 Org 0320

Unclassified
099
$63,352

Coal Forum
664
25,000

Total
$88,352

  1. -Department of Commerce-

Office of the Secretary

(WV Code Chapter 19)


Fund 0606 FY 2007 Org 0327

Unclassified099$ 401,800
Efficiency Savings
799
0

Total
$
401,800

  1. -Governor's Workforce Investment Office

(Executive Order 5-05)


Fund 0608 FY 2007 Org 0331

Southern WV Career Center071$0
Guaranteed Work Force Grant (R)
242
0

Community College Workforce
Development (R)
878
0

Total
$
0

DEPARTMENT OF EDUCATION

  1. -State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2007 Org 0402

Personal Services001$
223,679

Annual Increment004
3,700

Employee Benefits010
86,700

Unclassified099
1,982,376

Total$
2,296,455

  1. -State FFA-FHA Camp and

Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2007 Org 0402

Personal Services001$
579,168

Annual Increment004 15,750
Employee Benefits010 243,000
Unclassified099
142,000

BRIM Premium
913
38,987

Total$ 1,018,905
  1. -State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2007 Org 0402

Personal Services001$
3,149,009

Annual Increment004
35,468

Employee Benefits010
993,000

Unclassified (R)099
3,400,000

34/1000 Waiver
139
400,000

Increased Enrollment
140
6,400,000

Safe Schools
143
2,000,000

Teacher Mentor (R)
158
500,000

National Teacher Certification (R)
161
223,800

Allowance for County Transfers
264
967,986

Technology Repair and Modernization
298
1,000,000

HVAC Technicians355
460,803

Early Retirement Notification Incentive
366
150,000

Teacher Reimbursement
573
200,000

Hospitality Training
600
400,000

Low Student Enrollment Allowance
615
450,000

HI-Y Youth in Government
616
100,000

Foreign Student Education (R)
636
85,381

State Teacher of the Year
640
41,008

Principals Mentorship
649
75,000

Allowance for Work Based Learning744 60,000
Teachers-Unclassified
753
0

21st Century Learners
886
2,700,000

BRIM Premium
913
357,557

Regional Education Service Agencies
972
4,200,000

Sparse Population Allocation
973
525,000

Educational Program Allowance
996
250,000

High Acuity Health Care Needs Program
1,000,000

School Nurse Funding
1,404,530

Pilot Program of Structured in-school
Alternatives
100,000

Total$
31,628,542

The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Collaborative Resource Allocation (fund 0313, activity 041), Educational Achievement Incentive (fund 0313, activity 042), Unclassified- Surplus (fund 0313, activity 097), Unclassified (fund 0313, activity 099), 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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation for Sparse Population Allocation (activity 973), funding shall be provided in the same manner as in Fiscal Year 2006. It shall be available to those counties whose population falls at or below 2.5 students per square mile and which have more than 650 square miles for transportation purposes.
From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall be expended for Webster County Board of Education for Hacker Valley and $150,000 for the Randolph County Board of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance, funds shall be allocated to county boards of education in accordance with the provisions of §18-9A-22 of the Code of West Virginia.
The above appropriation for Hospitality Training (activity 600), shall be allocated only to entities that have a plan approved for funding by the Department of Education, at the funding level determined by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools to be considered for funding.
  1. -State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2007 Org 0402

Special Education-Counties159$
7,271,757

Special Education-Institutions160 3,411,278
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302
549,243

Education of Institutionalized
Juveniles and Adults (R)472
12,846,002

Total$ 24,078,280
Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, activity 472) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472), funding shall be provided to Beckley and Burlington Centers at an amount no less than the allocations disbursed during Fiscal Year 2004.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472), an additional $200,000 has been provided for the Burlington Center.
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.
  1. -State Department of Education-

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2007 Org 0402

Other Current Expenses022$ 135,681,426
Professional Educators151 794,196,310
Service Personnel152 259,242,494
Fixed Charges153 98,391,184
Transportation154 51,792,029
Administration155
3,088,910

Improve Instructional Programs156
33,000,000

Basic Foundation Allowances
$1,375,392,353

Less Local Share
(345,548,621)

Total Basic State Aid$
1,029,843,732

Public Employees' Insurance Matching012 198,740,538
Teachers' Retirement System019 29,420,500
Retirement Systems-Unfunded Liability
775
333,941,000

School Building Authority453 23,345,983
Total
$
1,615,291,753

  1. -State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2007 Org 0402

Personal Services001$
944,568

Annual Increment004
17,086

Employee Benefits010
356,000

Unclassified099
1,210,000

Wood Products-Forestry Vocational
Program
146
56,220

Albert Yanni Vocational Program
147
124,263

Vocational Aid
148
15,796,223

Adult Basic Education149
3,523,665

Program Modernization
305
725,000

Technical and Secondary Program
Improvement Staff
330
270,148

GED Testing339
302,991

Vocational Programs
761
0

Aquaculture Support
769
82,284

FFA Grant Awards
13,000

Pre-Engineering Academy Program
300,000

Total$
23,721,448


  1. -State Board of Education-

Division of Educational Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2007 Org 0402

Personal Services001$
369,911

Annual Increment004
3,200

Employee Benefits010
102,017

Unclassified099
141,000

Total$
616,128

  1. -West Virginia Schools for the

Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2007 Org 0403

Personal Services001$ 7,485,046
Annual Increment004
5,950

Employee Benefits010
2,950,293

Unclassified099
1,609,332

BRIM Premium
913
81,347

Total$
12,131,968

DEPARTMENT OF EDUCATION AND THE ARTS

  1. -Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2007 Org 0431

Unclassified (R)
099
$
790,725

Center for Professional Development (R)
115
2,003,718

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

Professional Development Collaborative
629
950,000

Efficiency Savings
799
0

Energy Express
861
450,000

BRIM Premium
913
4,509

Total$4,699,402
Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity 099), Center for Professional Development (fund 0294 activity 115), Center for Professional Development-Principals' Academy (fund 0294, activity 415), Governor's Honor Academy (fund 0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2007 Org 0432

Personal Services001$ 2,401,487
Annual Increment004 49,030
Employee Benefits010
1,011,154

Unclassified099
492,664

Culture and History Programming732
292,945

Capital Outlay and Maintenance
755
200,000

BRIM Premium
913
56,542

Historical Highway Marker Program
75,000

Total$
4,578,822

Any unexpended balance remaining in the appropriation for Capital Outlay, Repairs and Equipment-Surplus (fund 0293, activity 677) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
The Unclassified appropriation includes funding for the arts funds, department programming funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization of the division of culture and history and in accordance with the provisions of chapter five-a, article three, and chapter twelve of the code.
All federal moneys received as reimbursement to the division of culture and history for moneys expended from the general revenue fund for the arts fund and historical preservation are hereby reappropriated for the purposes as originally made, including personal services, current expenses and equipment.
  1. -Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2007 Org 0433

Personal Services001$
943,093

Annual Increment004 29,700
Employee Benefits010 367,411
Unclassified099 228,087
Services to Blind and Handicapped181 161,576
BRIM Premium
913
29,772

Total$ 1,759,639
  1. -Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 0300 FY 2007 Org 0439

Personal Services001$
3,008,039

Annual Increment004 56,000
Employee Benefits010 1,072,090
Unclassified (R)099 1,042,966
Mountain Stage
249
300,000

Capital Outlay and Maintenance
755
100,000

BRIM Premium
913
71,856

Total$ 5,650,951
Any unexpended balance remaining in the appropriation for Unclassified (fund 0300, activity 099) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
The Educational Broadcasting Authority is to continue assistance to the Allegheny Mountain Radio/WVNR.
  1. -State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2007 Org 0932

Personal Services001$ 7,020,702
Annual Increment004 134,049
Independent Living Services
009
24,000

Employee Benefits010 2,776,615
Workshop Development163 1,816,149
Supported Employment
Extended Services
206
119,032

Ron Yost Personal Assistance Fund (R)407
340,000

Employment Attendant Care Program
598
179,000

Capital Outlay and Maintenance (R)
755
200,000

BRIM Premium
913
67,033

Total$ 12,676,580
Any unexpended balances remaining in the appropriations for the Unclassified-Surplus (fund 0310, activity 097), Ron Yost Personal Assistance Fund (fund 0310, activity 407), and Capital Outlay and Maintenance (fund 0310, activity 775) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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 2007 and may be transferred to a special account for the purpose of disbursement or loan.
From the above appropriation for Workshop Development (activity 163), funds shall be used exclusively with the private non-profit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support of the program, services, and individuals with disabilities currently in place at those 31 organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION

  1. -Environmental Quality Board

(WV Code Chapter 20)


Fund 0270 FY 2007 Org 0311

Personal Services001$ 71,930
Annual Increment004 400
Employee Benefits01020,925
Unclassified
099
45,916

Total$ 139,171
  1. -Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2007 Org 0313

Personal Services
001
$3,444,562

Annual Increment
004
50,703

Employee Benefits
010
1,191,146

Unclassified
099
905,444

Dam Safety
607
204,225

WV Contribution to River Commissions
776
148,485

Efficiency Savings
799
0

Office of Water Resources
Non-Enforcement Activity
855
1,118,255

BRIM Premium
913
56,802

Welch DEP Office Continuing Operation 993 79,115
Total
$7,198,737

  1. -Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2007 Org 0325

Unclassified
099
$94,210

BRIM Premium
913
2,916

Total
$97,126

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

  1. -Department of Health and Human Resources-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2007 Org 0501

Unclassified099$
139,883

Women's Commission
191
133,942

Commission for the Deaf
and Hard of Hearing
704
269,034

Efficiency Savings
799
0

Total
$
542,859

Any unexpended balance remaining in the appropriation for the Rural Health Care Providers Revolving Loan Fund-Surplus (fund 0400, activity 674) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2007 Org 0506

Personal Services001$ 7,387,935
Annual Increment004 164,981
Employee Benefits010 3,054,354
Level 1,2 and 3 Trauma Centers
013
681,444

Chief Medical Examiner
045
3,425,307

Unclassified099 4,737,899
Safe Drinking Water Program187 517,798
Women, Infants and Children
210
45,000

Basic Public Health Services Support
212
3,337,407

Early Intervention
223
3,307,043

Cancer Registry
225
277,684

CARDIAC Project
375
300,000

State EMS Technical Assistance
379
1,414,983

EMS Program for Children
381
50,686

Statewide EMS Program Support
383
926,647

Primary Care Centers-Mortgage Finance
413
796,718

Black Lung Clinics
467
198,646

Center for End of Life
545
195,000

Women's Right to Know
546
40,000

Pediatric Dental Services
550
150,000

Vaccine for Children
551
435,925

Adult Influenza Vaccine
552
65,000

Tuberculosis Control
553
255,640

Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R)
5754,625,371

Epidemiology Support626 1,137,038
Primary Care Support628 7,385,091
Grant Programs
694
0

State Aid to Local Health Departments70210,700,718
Health Right Free Clinics727 2,749,336
Child and Family Services
736
0

Healthy Lifestyles
778
68,000

Emergency Response Entities
Special Projects
822
800,000

Assistance to Primary Health Care
Centers Community Health Foundation
1,400,000

Osteoporosis and Arthritis Prevention
280,000

BRIM Premium
913
211,214

Total$
61,122,865

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
From the Unclassified line item, $50,000 shall be expended for the West Virginia Aids Coalition.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line item, $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
Included in the above appropriation for Primary Care Centers-Mortgage Finance is $50,000 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $53,140 for the mortgage payment for the Monroe Health Center; $42,564 for the mortgage payment for Roane County Family Health Care, Inc.; $25,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000 for the mortgage payment for the Primary Care Systems (Clay); $10,800 for the mortgage payment for the Belington Clinic; $30,000 for the mortgage payment for the Tri-County Health Clinic; $15,000 for the mortgage payment for Valley Health Care (Randolph); $58,560 for the mortgage payment for Valley Health Systems, Inc. (Woman's Place and Harts Health Clinic); $46,958 for the mortgage payment for Ritchie County Primary Care Association, Inc.; $8,000 for the mortgage payment for Northern Greenbrier Health Clinic; $12,696 for the mortgage payment for the Women's Care, Inc. (Putnam); $25,000 for the mortgage payment for the Preston-Taylor Community Health Centers, Inc.; $20,000 for the mortgage payment for the North Fork Clinic (Pendleton); $40,000 for the mortgage payment for the Pendleton Community Care; $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; $13,000 for the mortgage payment for the St. George Medical Clinic; $28,000 for the mortgage payment for the Bluestone Health Center; $45,000 for the mortgage payment for Wheeling Health Right; $48,000 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; and $54,000 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.
From the above appropriation for State Aid to Local Health Departments $20,000 shall be used, along with any grants that may be obtained, for the purpose of contracting with an independent consultant to conduct a comprehensive study, administered by Local Health Inc., of the revenues of the state's local health departments to develop a method for the distribution of state funds to local health departments that will best serve the citizens of the state.
Also included in the above appropriation for State Aid to Local Health Departments is the additional money required to annualize the pay raise provided during the fourth extraordinary session of the Legislature, two thousand five for all health department employees.

  1. -Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2007 Org 0506

Personal Services001$ 632,583
Annual Increment004 11,991
Employee Benefits010262,075
Special Olympics208
26,074

Behavioral Health Program-
Unclassified (R)
21949,679,562

Family Support Act
221
1,092,753

Institutional Facilities Operations335 63,677,174
Capital Outlay (R)
511
0

Capital Outlay and Maintenance
755
2,000,000

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

Renaissance Program
804
194,000

BRIM Premium
913
1,088,070

Total$
119,828,282

Any unexpended balances remaining in the appropriations for Behavioral Health Program- Unclassified (fund 0525, activity 219), Capital Outlay (fund 0525, activity 511), Capital Outlay, Repairs and Equipment-Surplus (fund 0525, activity 677), and Colin Anderson Community Placement (fund 0525, activity 803) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The secretary shall, within fifteen days after the close of the six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures made during the preceding six-month period.
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, 2006, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
Additional funds have been appropriated in fund 5124, fiscal year 2007, organization 0506 and fund 5156, fiscal year 2007, 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.
Included in the appropriation to Institutional Facilities Operations (fund 0525, activity 335), an amount of $10,200,000 has been added to offset any potential cash shortfall in the division of health, tobacco settlement expenditure fund (fund 5124, org 0506, activity 335). The $10,200,000 or any amount thereof may only be expended to the extent the cash balance and the cash receipts are less than the appropriation in the tobacco settlement expenditure fund (fund 5124, org 0506, activity 335).
  1. -Division of Health-

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2007 Org 0506

West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$
700,000

The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the Drinking Water Treatment Revolving-Administrative Expense Fund as provided by chapter sixteen of the code.
  1. -Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2007 Org 0510

Personal Services001$ 689,517
Annual Increment004 16,000
Employee Benefits010 224,705
Unclassified099 261,293
BRIM Premium
913
19,326

Total$
1,210,841

  1. -Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2007 Org 0511

Personal Services001$ 21,417,512
Annual Increment004 620,313
Employee Benefits010 8,526,308
Unclassified099 13,469,104
Child Care Development144 1,254,213
Medical Services Contracts and Office
of Managed Care183 2,334,455
Medical Services (R)189 394,405,687
Medical Services Administrative Costs
789
18,431,455

Social Services195 77,112,737
Family Preservation Program196 1,565,000
Family Resource Networks (R)
274
1,941,926

Domestic Violence Legal Services Fund384
150,000

James "Tiger" Morton Catastrophic
Illness Fund455
940,000

Child Protective Services Case Workers 468 15,710,431
Medical Services Trust Fund Transfer 512 5,000,000
OSCAR and RAPIDS 515
3,481,210

WV Teaching Hospitals
Tertiary/Safety Net
547
3,106,000

Child Welfare System 603 2,604,448
Child Support Enforcement705
2,758,468

Medicaid Auditing706 600,066
Temporary Assistance for Needy
Families/Maintenance of Effort707 22,969,096
Child Care Maintenance of
Effort Match708 5,693,743
Child and Family Services
736
2,850,000

Grants for Licensed Domestic Violence
Programs and Statewide Prevention7501,500,000
Indigent Burials (R)851
1,700,000

BRIM Premium
913
834,187

Rural Hospitals Under 150 Beds 940 2,596,000
Total$
613,572,359

Any unexpended balances remaining in the appropriations for Social Services-Surplus (fund 0403, activity 082), Medical Services (fund 0403, activity 189), Family Resource Networks (fund 0403, activity 274), and Indigent Burials (fund 0403, activity 851) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (activity 455) shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by chapter sixteen, article five-q, of the code.
From the above appropriation for Medical Services (fund 0403, activity 189) an amount not to exceed $15,000,000 may be transferred to the Division of Health-Tobacco Settlement Expenditure Fund- Institutional Facilities Operations (fund 5124, activity 335) in order to offset any cash flow shortfalls that may occur due to the timing of deposits into the Tobacco Settlement Expenditure Fund. Any funds so transferred from fund 0403 to fund 5124 shall be reimbursed to fund 0403 no later than June 1, 2007.
From the above appropriation for Medical Services (fund 0403, activity 189) an amount not to exceed $3,700,000 shall be designated for the Title XIX Waiver for Senior Citizens.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department of health and human resources shall have the authority to transfer funds within the above account: Provided, That no more than five percent of the funds appropriated to one line item may be transferred to other line items: Provided, however, That no funds from other line items shall be transferred to the personal services line item.
From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the thirteen (13) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV).
Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (activity 750), shall be distributed according to the formula established by the Family Protection Services Board.
The secretary shall have authority to expend funds for the educational costs of those children residing in out-of-state placements, excluding the costs of special education programs.
The above appropriation for Family Resource Networks (activity 274) is to be subject to the control and oversight of the Governor's Cabinet on Children and Families and may only be administered and disbursed by the Division of Human Services upon the delegation of this authority to the Division of Human Services by the Governor's Cabinet on Children and Families as provided by West Virginia Code §5-26-4(4) for the benefit of family resource networks, early parent education services and starting points centers.
DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

  1. -Department of Military Affairs and

Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2007 Org 0601

Unclassified (R)
099
$508,197

Efficiency Savings
799
0

BRIM Premium
913
11,416

Total
$
519,613

Any unexpended balance remaining in the appropriation for Unclassified (fund 0430, activity 099) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Adjutant General-

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2007 Org 0603

Personal Services001$ 1,530,729
Annual Increment004 24,973
Employee Benefits010 514,575
Unclassified (R)099
17,794,996

College Education Fund (R)
232
0

Mountaineer ChalleNGe Academy
709
1,200,000

BRIM Premium913
50,161

Total$
21,115,434

Any unexpended balances remaining in the appropriations for Unclassified (fund 0433, activity 099), College Education Fund (fund 0433, activity 232), and Armory Capital Improvements-Surplus (fund 0433, activity 325) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Adjutant General-

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2007 Org 0603

Unclassified-Total096$ 200,000
  1. -West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2007 Org 0605

Personal Services001$ 160,549
Annual Increment004 1,744
Employee Benefits010 214,202
Unclassified099 188,806
Salaries of Members of West Virginia
Parole Board227
455,000

BRIM Premium
913
16,310

Total$
1,036,611

  1. -Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2007 Org 0606

Personal Services001$ 299,696
Annual Increment004 3,450
Employee Benefits010114,238
Radiological Emergency Preparedness
554
30,000

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

Mine and Industrial Accident Rapid
Response Call Center
781
297,480

Early Warning Flood System (R)877
510,584

BRIM Premium
913
35,158

Total$
2,032,950

Any unexpended balances remaining in the appropriations for Flood Reparations (fund 0443, activity 400), Federal Funds/Grant Match (fund 0443, activity 749), Federal Settlement-Surplus (fund 0443, activity 876), Early Warning Flood System (fund 0443, activity 877), and Homeland Security Grant Match-Surplus (fund 0443, activity 957) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Corrections-

Central Office

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

Fund 0446 FY 2007 Org 0608

Personal Services001$ 366,701
Annual Increment004 5,775
Employee Benefits010 121,535
Unclassified099
97,594

Total$
591,605

Any unexpended balance remaining in the appropriation for Management Information System (fund 0446, activity 398) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Corrections-

Correctional Units

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

Fund 0450 FY 2007 Org 0608

Employee Benefits
010
356,824

Unclassified
099
1,896,204

Charleston Work Release
456
881,657

Beckley Correctional Center
490
878,772

Huntington Work Release
495
756,988

Anthony Center
504
4,217,829

Huttonsville Correctional Center
514
17,996,343

Northern Correctional Facility
534
6,170,283

Inmate Medical Expenses (R)
535
$
20,264,267

Pruntytown Correctional Center
543
6,017,217

Payments to Federal, County and/or
Regional Jails
555
17,168,500

Corrections Academy
569
1,053,425

Martinsburg Correctional Center
663
2,950,868

Parole services
686
2,046,086

Special Services
687
2,129,904

Correctional Operations
741
0

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

Contractual Correctional Services
771
0

Stephens Correctional Facility
791
5,724,500

St. Mary's Correctional Facility
881
11,091,099

Denmar Correctional Facility
882
3,762,146

Ohio County Correctional Facility
883
1,238,171

Mt. Olive Correctional Facility
888
17,177,259

Lakin Correctional Facility
896
7,804,385

BRIM Premium913
874,457

Total$
134,457,184

Any unexpended balances remaining in the appropriations for Payments to Federal, County and/or Regional Jails-Surplus (fund 0450, activity 008), Capital Outlay (fund 0450, activity 511), Inmate Medical Expenses (fund 0450, activity 535), Capital Outlay and Maintenance (fund 0450, activity 755), and Inmate Medical Expenses-Surplus(fund 0450, activity 846) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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, 2006, the sum of three hundred thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
  1. -West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2007 Org 0612

Personal Services001$34,840,740
Annual Increment004 199,000
Employee Benefits010 7,412,504
Unclassified099 7,285,826
Vehicle Purchase451 1,000,000
Barracks Lease Payments
556
440,088

Communications and
Other Equipment (R)558 1,013,285
Trooper Retirement Fund605 3,532,118
Retirement Systems-Unfunded Liability
775
3,360,000

Handgun Administration Expense747 73,448
Capital Outlay and Maintenance
755
500,000

Automated Fingerprint
Identification System
898
629,984

BRIM Premium913
6,043,110

Total$
66,330,103

Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494), Trooper Class (fund 0453, activity 521), Communications and Other Equipment (fund 0453, activity 558), Barracks Maintenance and Construction-Surplus (fund 0453, activity 669), and Law Enforcement-Special Projects (fund 0453, activity 787) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation for Capital Outlay and Maintenance, the sum of $250,000 shall be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun County Board of Education is willing to donate the land for the site to the State Police, and provided further that any site preparation needed on the site shall be completed as part of the donation.
From the above appropriation for Unclassified, an amount not less than $25,000 shall be expended to offset the costs associated with providing police services for the West Virginia State Fair.
  1. -Division of Veterans' Affairs

(WV Code Chapter 9A)

Fund 0456 FY 2007 Org 0613

Personal Services001$ 1,004,843
Annual Increment004 32,880
Employee Benefits010 415,876
Unclassified099 77,217
Veterans' Field Offices
228
175,985

Veterans' Nursing Home
286
5,437,815

Veterans' Toll Free Assistance Line
328
5,000

Veterans' Reeducation Assistance
329
211,604

Veterans' Grant Program (R)
342
150,000

Memorial Day Patriotic Exercise
697
20,000

Educational Opportunities for
Children of Deceased Veterans
100,000

BRIM Premium
913
23,860

Total$
7,655,080

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' Bonus (fund 0456, activity 483) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)

Fund 0460 FY 2007 Org 0618

Personal Services001$
697,446

Annual Increment004 17,400
Employee Benefits010 329,607
Unclassified099
33,609

Total$
1,078,062

  1. -Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2007 Org 0619

Safe Schools Hotline-Total
093
$
84,500

  1. -Division of Criminal Justice Services

(WV Code Chapter 15)

Fund 0546 FY 2007 Org 0620

Personal Services001$242,415
Annual Increment004 3,645
Employee Benefits010 81,958
Unclassified099 129,583
Community Corrections (R)
561
800,000

Statistical Analysis Program597
49,228

BRIM Premium
913
1,660

Total$
1,308,489

Any unexpended balances remaining in the appropriations for Community Corrections-Surplus(fund 0546, activity 060) and Community Corrections (fund 0546, activity 561) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2007 Org 0621

Robert L. Shell Juvenile Center (R)
267
$
1,950,077

Central Office (R)
701
2,198,945

Juvenile Services Operations
742
0

Capital Outlay and Maintenance
755
500,000

Southern WV Youth Diagnostic Center (R)
792
1,943,734

Gene Spadaro Juvenile center (R)
793
1,953,473

BRIM Premium
913
113,016

WV Industrial Home for Youth (R)
979
10,732,462

Davis Center (R)
980
2,731,677

Eastern Juvenile Center (R)
981
2,039,960

Northern Juvenile Center (R)
982
1,195,265

North Central Juvenile Center (R)
983
1,733,467

Southern Juvenile Center (R)
984
1,797,896

Tiger Morton Juvenile Center (R)
985
1,916,326

Donald Kuhn Juvenile Center (R)
986
1,731,523

J.M. "Chick" Buckbee
Juvenile Center (R)
987
1,872,217

Salem Canine (R)
988
91,191

Davis Canine (R)
989
86,701

The Academy (R)
990
130,622

Total
$
34,718,552

Any unexpended balances remaining in the appropriations for Unclassified (fund 0570, activity 099), Robert L. Shell Juvenile Center (fund 0570, activity 267), Donald R. Kuhn Diagnostic Center (fund 0570, activity 283), Central Office (fund 0570, activity 701), Southern WV Youth Diagnostic Center (fund 0570, activity 792), Gene Spadaro Juvenile Center (fund 0570, activity 793), WV Industrial Home for Youth (fund 0570, activity 979), Davis Center (fund 0570, activity 980), Eastern Regional Juvenile Center (fund 0570, activity 981), Northern Regional Juvenile Center (fund 0570, activity 982), North Central Regional Juvenile Center (fund 0570, activity 983), Southern Regional Juvenile Center (fund 0570, activity 984), Tiger Morton Center (fund 0570, activity 985), Donald R. Kuhn Juvenile Center (fund 0570, activity 986), J.M. "Chick" Buckbee Juvenile Center (fund 0570, activity 987), Salem Canine (fund 0570, activity 988), Davis Canine (fund 0570, activity 989), The Academy (fund 0570, activity 990), and Mt. Hope Juvenile Center (fund 0570, activity 991) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The director shall, within fifteen days after the close of each six-month period of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of expenditures made during the preceding six-month period. Such report shall include the total expenditures made for personal services, annual increment, current expenses, repairs and alterations, and equipment.
From the above appropriations, on July 1, 2006, the sum of fifty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
The director of juvenile services shall also have the authority to transfer between line items appropriated to the individual juvenile centers above.
  1. -Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2007 Org 0622

Personal Services
001
$
995,511

Annual Increment
004
14,250

Employee Benefits
010
377,766

Unclassified (R)
099
451,150

BRIM Premium913
7,707

Total$
1,846,384

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
DEPARTMENT OF REVENUE

  1. -Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2007 Org 0701

Unclassified
099
$
629,783

Revenue Shortfall Reserve Fund-Transfer
590
0

Efficiency Savings
799
0

Total
$
629,783

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0465, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Tax Division

(WV Code Chapter 11)


Fund 0470 FY 2007 Org 0702

Personal Services (R)001$ 12,786,592
Annual Increment004 259,060
Employee Benefits (R)010 4,615,192
Unclassified (R)099 6,360,469
GIS Development Project (R)
562
150,000

Remittance Processor (R)
570
381,015

Multi State Tax Commission
653
77,958

BRIM Premium913
14,420

Total$
24,644,706

Any unexpended balances remaining in the appropriations for Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity 010), Tax Technology Upgrade (fund 0470, activity 094), Unclassified-Surplus (fund 0470, activity 097), Unclassified (fund 0470, activity 099), Integrated Tax Accounting System (fund 0702, activity 292), Tax Technology Upgrade-Surplus (fund 0470, activity 450), GIS Development Project (fund 0470, activity 562), and Remittance Processor (fund 0470, activity 570) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -State Budget Office

(WV Code Chapter 11B)

Fund 0595 FY 2007 Org 0703

Unclassified (R)
099
$
1,111,333

Pay Equity Reserve
364
250,000

Total
$
1,361,333

Any unexpended balances remaining in the appropriations for Unclassified-Total(fund 0595, activity 096) and Unclassified (fund 0595, activity 099) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -West Virginia Office of Tax Appeals

(WV Code Chapter 11)


Fund 0593 FY 2007 Org 0709

Unclassified-Total (R)
096
$659,564

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Professional and

Occupational Licenses-

State Athletic Commission

(WV Code Chapter 29)


Fund 0523 FY 2007 Org 0933

Unclassified-Total
096
$20,000

DEPARTMENT OF TRANSPORTATION


  1. -State Rail Authority

(WV Code Chapter 29)


Fund 0506 FY 2007 Org 0804

Unclassified
099
$2,918,992

BRIM Premium
913
253,309

Total
$3,172,301

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

(WV Code Chapter 17)


Fund 0510 FY 2007 Org 0805

Unclassified (R)
099
$1,258,342

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

Total
$2,523,342

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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Public Port Authority

(WV Code Chapter 17)


Fund 0581 FY 2007 Org 0806

Unclassified (R)099$ 432,360
BRIM Premium
913
599

Total
$
432,959

Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0581, activity 096) and Unclassified (fund 0581, activity 099) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Aeronautics Commission


(WV Code Chapter 29)


Fund 0582 FY 2007 Org 0807

Unclassified (R)
099
$1,366,394

Civil Air Patrol
234
105,258

Total
$1,471,652

Any unexpended balance remaining in the appropriation for Unclassified (fund 0582, activity 099) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation for Unclassified, the sum of $110,000 shall be distributed equally to each of the eleven local Civil Air Patrol Squadrons.
HIGHER EDUCATION


  1. -West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2007 Org 0420

New River Community and Technical College
of Bluefield State College
358
$4,429,955

West Virginia Council for Community
and Technical Education (R)
392
707,600

Eastern West Virginia Community and
Technical College
412
1,990,948

Fairmont State Community and
Technical College
421
7,892,952

Shepherd Community and
Technical College
434
0

West Virginia State Community and
Technical College
445
3,074,167

Southern West Virginia Community and
Technical College
446
8,053,214

West Virginia Northern Community and
Technical College
447
6,565,528

West Virginia University -
Parkersburg
471
8,428,561

West Virginia University Institute
for Technology Community and
Technical College
486
3,263,224

Marshall Community and
Technical College
487
5,483,460

Blue Ridge Community and
Technical College
2,531,131

College Transition Program
333,500

West Virginia Advance Workforce
Development
2,000,000

Technical Program Development
1,000,000

Total
$
55,754,240

Any unexpended balance remaining in the appropriation for the West Virginia Council for Community and Technical Education (fund 0596, activity 392) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2007 Org 0441

Unclassified
099
$
2,015,779

WVNET
169
1,877,298

VISTA E-Learning (R)
519
300,000

PROMISE Scholarship-Transfer
800
13,000,000

BRIM Premium
913
57,419

Higher Education Grant Program
164
6,691,000

Total
$
23,941,496

Any unexpended balances remaining in the appropriations for Higher Education-Special Projects (fund 0589, activity 488), VISTA E-Learning (fund 0589, activity 519), and Vice Chancellor for Health Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The above appropriation for PROMISE Scholarship-Transfer (activity 800) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
  1. -Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2007 Org 0442

WVU School of Health Science -
Eastern Division
056
$
2,500,000

Marshall Medical School
173
9,062,522

WVU-School of Health Sciences
174
13,195,226

WVU School of Health Sciences -
Charleston Division
175
2,378,438

Primary Health Education Medical School
Program Support (R)
177
2,129,507

Bluefield State College
408
5,133,813

Concord University
410
9,372,786

Fairmont State University
414
11,746,694

Glenville State College
428
5,475,753

Shepherd University
432
10,335,074

West Liberty State College
439
8,561,489

West Virginia State University
441
11,222,413

Marshall University
448
45,391,341

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

West Virginia University
459
105,336,051

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

West Virginia University Institute
for Technology
479
7,925,335

State Priorities-Brownfield Professional
Development (R)
531
800,000

West Virginia University-
Potomac State
994
4,149,540

Total
$
257,131,482

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), State Priorities-Brownfield Professional Development (fund 0586, activity 531), and Jackson's Mill- Surplus (fund 0586, activity 842) at the close of fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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.
Included in the appropriation for West Virginia University is funding for the WVU College of Law, which shall continue to operate as the State's exclusive public college of law.
Also included is $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, $165,000 for the WVU-Sheep Study/Potomac Equine Program, $500,000 for the Mining Engineering Program, $500,000 for the Center for Multiple Sclerosis Program, $75,000 for Reedsville Farm for capital improvements and equipment, $75,000 for Stewarts Town Farm for capital improvements and equipment, $200,000 for Reymann Memorial Farm for capital improvements and equipment, $100,000 for the Completion of an arena at Reymann Memorial Farm, $80,000 for a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences, $100,000 for the WVU- Soil Testing Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the WVU Petroleum Engineering Program and $100,000 for the rifle team.
Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall University-Southern WV CTC 2+2 Program and $795,597 for the Marshall University Autism Training Center.
Included in the above appropriation for Concord University is $100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd University is $100,000 for the Gateway Program.
Included in the above appropriation for WVU-Potomac State is $50,000 for maintenance, repairs and equipment and $75,000 for Potomac State Farms for maintenance, repairs and equipment.
The institutions operating from special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.
From the above appropriations to the respective medical schools, the line items for BRIM subsidies funding shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the "Total Premium Billed" to each institution as part of the full cost of their malpractice insurance coverage.
  1. -Higher Education Policy Commission-

Legislative-

Funding Priorities

Control Account

(WV Code Chapter 18B)

Fund 0591 FY 2007 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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
The above appropriation shall be allocated only to the State's post-secondary institutions with compacts approved by the Higher Education Policy Commission or West Virginia Council for Community and Technical College Education, as stated in §18B-1A-5.
Total TITLE II, Section 1-General Revenue
$
3,629,099,788

Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand seven.
DEPARTMENT OF TRANSPORTATION

  1. -Division of Motor Vehicles

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


Fund 9007 FY 2007 Org 0802

State
Road
ActivityFund
Personal Services001$ 13,598,983
Annual Increment004 214,525
Employee Benefits010 5,901,381
Unclassified099
17,617,666

Total$ 37,332,555
  1. -Division of Highways

(WV Code Chapters 17 and 17C)


Fund 9017 FY 2007 Org 0803

Debt Service040$ 41,000,000
Maintenance
237
256,700,000

Maintenance, Contract Paving and
Secondary Road Maintenance272 37,000,000
Bridge Repair and Replacement273 30,000,000
Inventory Revolving275 2,000,000
Equipment Revolving276 15,000,000
General Operations277 42,500,000
Interstate Construction278 84,000,000
Other Federal Aid Programs279 325,700,000
Appalachian Programs280 150,000,000
Nonfederal Aid Construction281 25,000,000
Highway Litter Control282
1,664,000

PSC Weight Enforcement345 4,667,295
Total
$
1,015,231,295

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.
From the above appropriation, $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $25,000 is for Little Kanawha River Parkway; $50,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $125,000 is for Corridor H Authority; and $200,000 is for repairs to Pennco Road.
Additionally, the department shall assist the Federal Government in the construction, engineering and financing of an access road to the Beckley Veterans Administration Medical Center.
Total TITLE II, Section 2-State Road Fund
$
1,052,707,959

Sec. 3. Appropriations from other funds.-From the funds designated there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand seven.
LEGISLATIVE

  1. -Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 1731 FY 2007 Org 2300

Other
ActivityFunds

Personal Services001$ 214,000
Annual Increment004 5,000
Employee Benefits010 75,000
Unclassified099 55,603
Economic Loss Claim Payment Fund (R)334
2,921,500

Total$ 3,271,103
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment Fund (fund 1731, activity 334) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
EXECUTIVE

  1. -Auditor's Office-

Land Operating Fund

(WV Code Chapters 11A, 12 and 36)


Fund 1206 FY 2007 Org 1200

Personal Services001$256,786
Annual Increment004 7,500
Employee Benefits010 92,952
Unclassified099
676,054

Total$
1,033,292

There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds other than personal services or employee benefits to enable the division to pay the direct expenses relating to land sales as provided in chapter eleven-a of the West Virginia Code.
The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
  1. -Auditor's Office-

Securities Regulation Fund

(WV Code Chapter 32)

Fund 1225 FY 2007 Org 1200

Personal Services001$ 1,083,357
Annual Increment004 14,700
Employee Benefits010 357,839
Unclassified099
1,391,122

Total$
2,847,018

  1. -Auditor's Office-

Technology Support and Acquisition

(WV Code Chapter 12)


Fund 1233 FY 2007 Org 1200

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

Purchasing Card Administration Fund

(WV Code Chapter 12)


Fund 1234 FY 2007 Org 1200

Unclassified-Total096$ 1,216,702
  1. -Auditor's Office-

Office of the Chief Inspector

(WV Code Chapter 6)

Fund 1235 FY 2007 Org 1200

Personal Services001$ 1,931,509
Annual Increment004
31,500

Employee Benefits010
664,676

Unclassified099
622,315

Total$
3,250,000

  1. -Treasurer's Office-

College Prepaid Tuition and Savings Program

Administrative Account

(WV Code Chapter 18)

Fund 1301 FY 2007 Org 1300

Unclassified-Total096
$
651,952

  1. -Treasurer's Office-

Technology Support and Acquisition

(WV Code Chapter 12)

Fund 1329 FY 2007 Org 1300

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

Agriculture Fees Fund

(WV Code Chapter 19)


Fund 1401 FY 2007 Org 1400

Personal Services001$ 1,013,144
Annual Increment004 16,000
Employee Benefits010 400,081
Unclassified099
1,177,586

Total$
2,606,811

  1. -Department of Agriculture-

West Virginia Rural Rehabilitation Program

(WV Code Chapter 19)


Fund 1408 FY 2007 Org 1400

Personal Services
001
$
51,204

Annual Increment
004
800

Employee Benefits
010
14,292

Unclassified
099
977,000

Total$ 1,043,296
  1. -Department of Agriculture-

General John McCausland Memorial Farm

(WV Code Chapter 19)


Fund 1409 FY 2007 Org 1400

Unclassified-Total096$
80,133

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

Farm Operating Fund

(WV Code Chapter 19)


Fund 1412 FY 2007 Org 1400

Unclassified-Total096$ 1,500,000
  1. -Department of Agriculture-

Donated Food Fund

(WV Code Chapter 19)

Fund 1446 FY 2007 Org 1400

Unclassified-Total
096
$
3,062,331

  1. -Department of Agriculture-

Integrated Predation Management Fund

(WV Code Chapter 7)

Fund 1465 FY 2007 Org 1400

Unclassified-Total
096
$
25,000

  1. -Attorney General-

Antitrust Enforcement

(WV Code Chapter 47)


Fund 1507 FY 2007 Org 1500

Personal Services001$ 252,718
Annual Increment004 1,965
Employee Benefits010 80,436
Unclassified099
134,749

Total$
469,868

  1. -Attorney General-

Preneed Funeral Regulation Fund

(WV Code Chapter 47)

Fund 1513 FY 2007 Org 1500

Unclassified-Total096$ 231,123
  1. -Attorney General-

Preneed Funeral Guarantee Fund

(WV Code Chapter 47)

Fund 1514 FY 2007 Org 1500

Unclassified-Total096$ 755,000
  1. -Secretary of State-

Service Fees and Collection Account

(WV Code Chapters 3, 5, and 59)

Fund 1612 FY 2007 Org 1600

Personal Services
001
$
1,136,600

Annual Increment
004
10,300

Employee Benefits
010
332,645

Unclassified
099
1,055,306

Total
$
2,534,851

  1. -Secretary of State-

State Election Fund

(WV Code Chapter 3)

Fund 1614 FY 2007 Org 1600

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 1614, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
DEPARTMENT OF ADMINISTRATION


  1. -Office of the Secretary-

Tobacco Settlement Fund

(WV Code Chapter 4)


Fund 2041 FY 2007 Org 0201

Tobacco Settlement Fund-Transfer902$ 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.
  1. -Division of Information Services and Communications

(WV Code Chapter 5A)

Fund 2220 FY 2007 Org 0210

Personal Services001$ 10,519,733
Annual Increment004145,000
Employee Benefits010 3,190,588
Unclassified099
3,440,000

Total$
17,295,321

The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the division of information services and communications as provided by law.
Each spending unit operating from the general revenue fund, from special revenue funds or receiving reimbursement for postage from the federal government shall be charged monthly for all postage meter service and shall reimburse the revolving fund monthly for all such amounts.
From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit expenditures in excess of the funds authorized for expenditure herein.
  1. -Division of Personnel

(WV Code Chapter 29)

Fund 2440 FY 2007 Org 0222

Personal Services001$ 2,644,457
Annual Increment004 58,190
Employee Benefits010 916,528
Unclassified099
974,509

Total$
4,593,684

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

(WV Code Chapter 7)

Fund 2521 FY 2007 Org 0228

Unclassified-Total (R)096$ 545,887
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Office of Technology

(WV Code Chapter 5A)

Fund 2531 FY 2007 Org 0231

Unclassified099$ 1,880,405
EPSCoR
571
150,000

Total
$
2,030,405

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

DEPARTMENT OF COMMERCE

  1. -Division of Forestry

(WV Code Chapter 19)


Fund 3081 FY 2007 Org 0305

Personal Services001$ 349,920
Annual Increment004 4,750
Employee Benefits010 121,458
Unclassified099
260,795

Total$
736,923

  1. -Division of Forestry-

Timbering Operations Enforcement Fund

(WV Code Chapter 19)


Fund 3082 FY 2007 Org 0305

Unclassified-Total096$ 141,750
  1. -Division of Forestry-

Severance Tax Operations

(WV Code Chapter 11)


Fund 3084 FY 2007 Org 0305

Unclassified-Total096$ 2,839,024
  1. -Geological and Economic Survey

(WV Code Chapter 29)


Fund 3100 FY 2007 Org 0306

Personal Services001$ 43,480
Annual Increment004 584
Employee Benefits010 15,227
Unclassified099
157,099

Total$
216,390

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

Energy Assistance

(WV Code Chapter 5B)


Fund 3144 FY 2007 Org 0307

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

Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund 3144, activity 647) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -West Virginia Development Office-

Office of Coal Field Community Development

(WV Code Chapter 5B)

Fund 3162 FY 2007 Org 0307

Unclassified-Total (R)
096
$694,104

Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund 3162, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Labor-

Contractor Licensing Board Fund

(WV Code Chapter 21)


Fund 3187 FY 2007 Org 0308

Personal Services001$ 993,874
Annual Increment004 14,663
Employee Benefits010 435,959
Unclassified099
475,769

Total$
1,920,265

  1. -Division of Labor-

Elevator Safety Act

(WV Code Chapter 21)

Fund 3188 FY 2007 Org 0308

Personal Services001$ 76,697
Annual Increment004 660
Employee Benefits010 25,117
Unclassified099
74,262

Total$
176,736

  1. -Division of Labor-

Crane Operator Certification Fund

(WV Code Chapter 21)

Fund 3191 FY 2007 Org 0308

Unclassified-Total096$ 111,271
  1. -Division of Labor-

Amusement Rides and Amusement Attraction Safety Fund

(WV Code Chapter 21)

Fund 3192 FY 2007 Org 0308

Unclassified-Total096$ 102,172
  1. -Division of Labor-

State Manufactured Housing Administration Fund

(WV Code Chapter 21)

Fund FY 2007 Org 0310

Personal Services001$ 97,000
Annual Increment
004
1,508

Employee Benefits
010
45,811

Unclassified
099
27,377

BRIM Premium
913
3,304

Total
$
175,000

  1. -Division of Natural Resources

(WV Code Chapter 20)

Fund 3200 FY 2007 Org 0310

Wildlife Resources023$ 6,824,103
Administration155 1,845,985
Capital Improvements and
Land Purchase (R)
248
1,504,254

Law Enforcement
806
6,877,993

Total$
17,052,335

The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of natural resources.
Any unexpended balances remaining in the appropriations for Point of Sales Licensing System (fund 3200, activity 043), Capital Improvements and Land Purchase (fund 3200, activity 248), and DEP-Compliance Mandate-Fish Hatchery (fund 3200, activity 668) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Natural Resources-

Game, Fish and Aquatic Life Fund

(WV Code Chapter 20)

Fund 3202 FY 2007 Org 0310

Unclassified-Total096$ 75,000
  1. -Division of Natural Resources-

Nongame Fund

(WV Code Chapter 20)

Fund 3203 FY 2007 Org 0310

Personal Services001$ 398,955
Annual Increment004 4,300
Employee Benefits010 141,660
Unclassified099
436,339

Total$
981,254

  1. -Division of Natural Resources-

Planning and Development Division

(WV Code Chapter 20)

Fund 3205 FY 2007 Org 0310

Personal Services001$ 239,068
Annual Increment004 6,400
Employee Benefits010 91,219
Unclassified099
167,218

Total$
503,905

  1. -Division of Natural Resources-

Whitewater Study and Improvement Fund

(WV Code Chapter 20)

Fund 3253 FY 2007 Org 0310

Unclassified-Total096$ 186,595
  1. -Division of Natural Resources-

Whitewater Advertising and Promotion Fund

(WV Code Chapter 20)


Fund 3256 FY 2007 Org 0310

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

(WV Code Chapter 22A)

Fund 3355 FY 2007 Org 0314

Personal Services
001
$
402,000

Annual Increment
004
550

Employee Benefits
010
115,892

WV Mining Extension Service
026
150,000

Unclassified
099
1,928,130

Total
$2,596,572

From the appropriation above (fund 3355) at least $500,000 shall be used in developing, procuring and/or deploying, technologies to assist in locating and communicating with trapped miners, supporting life, transporting rescue personnel and rescued individuals through underground mines and otherwise assist with mine rescue operations.
DEPARTMENT OF EDUCATION

  1. -State Board of Education-

Strategic Staff Development

(WV Code Chapter 18)


Fund 3937 FY 2007 Org 0402

Unclassified-Total (R)096$ 500,000
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -State Department of Education-

School Building Authority

(WV Code Chapter 18)


Fund 3959 FY 2007 Org 0402

Personal Services001$ 670,319
Annual Increment004 8,200
Employee Benefits010 237,754
Unclassified099
266,715

Total
$1,182,988

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.
  1. -State Department of Education-

FFA-FHA Camp and Conference Center

(WV Code Chapter 18)


Fund 3960 FY 2007 Org 0402

Personal Services001$ 850,000
Annual Increment004 12,100
Employee Benefits010 310,807
Unclassified099
777,093

Total$
1,950,000

DEPARTMENT OF EDUCATION AND THE ARTS

  1. -Office of the Secretary-

Lottery Education Fund Interest Earnings-

Control Account

(WV Code Chapter 29)

Fund 3508 FY 2007 Org 0431

EPSCoR-Total (R)
651
$
352,659

Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508, activity 096) and EPSCoR-Total (fund 3508, activity 651) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Culture and History-

Public Records and Preservation Revenue Account

(WV Code Chapter 5A)

Fund 3542 FY 2007 Org 0432

Unclassified-Total
096
$
934,407

  1. -State Board of Rehabilitation-

Division of Rehabilitation Services-

West Virginia Rehabilitation Center-

Special Account

(WV Code Chapter 18)


Fund 8664 FY 2007 Org 0932

Unclassified099$ 2,766,188
Workshop Development163 450,000
Workshop-Supported Employment484
50,000

Total$
3,266,188

DEPARTMENT OF ENVIRONMENTAL PROTECTION

  1. -Solid Waste Management Board

(WV Code Chapter 22C)


Fund 3288 FY 2007 Org 0312

Personal Services001$ 595,650
Annual Increment004 3,800
Employee Benefits010 186,481
Unclassified099
1,759,569

Total$ 2,545,500
  1. -Division of Environmental Protection-

The Hazardous Waste Management Fund

(WV Code Chapter 22)


Fund 3023 FY 2007 Org 0313

Personal Services
001
$
301,676

Annual Increment
004
1,500

Employee Benefits
010
81,852

Unclassified
099
212,263

Total
$
597,291

  1. -Division of Environmental Protection-

Air Pollution Education and Environment Fund

(WV Code Chapter 22)


Fund 3024 FY 2007 Org 0313

Unclassified-Total
096
$
990,609

  1. -Division of Environmental Protection-

Special Reclamation Fund

(WV Code Chapter 22)


Fund 3321 FY 2007 Org 0313

Personal Services001$ 1,200,710
Annual Increment004 12,500
Employee Benefits010 414,026
Unclassified099
16,292,357

Total$
17,919,593

  1. -Division of Environmental Protection-

Oil and Gas Reclamation Fund

(WV Code Chapter 22)


Fund 3322 FY 2007 Org 0313

Unclassified-Total096$ 340,294
  1. -Division of Environmental Protection-

Oil and Gas Operating Permit and Processing Fund

(WV Code Chapter 22)


Fund 3323 FY 2007 Org 0313

Personal Services001$ 440,188
Annual Increment004 4,540
Employee Benefits010 154,105
Unclassified099
521,435

Total$
1,120,268

  1. -Division of Environmental Protection-

Mining and Reclamation Operations Fund

(WV Code Chapter 22)


Fund 3324 FY 2007 Org 0313

Personal Services001$ 4,510,038
Annual Increment004 53,706
Employee Benefits010 1,479,236
Unclassified099
2,529,226

Total$
8,572,206

  1. -Division of Environmental Protection-

The Underground Storage Tank

Administrative Fund

(WV Code Chapter 22)


Fund 3325 FY 2007 Org 0313

Personal Services001$ 351,926
Annual Increment004 6,650
Employee Benefits010 129,545
Unclassified099
72,846

Total$
560,967

  1. -Division of Environmental Protection-

The Hazardous Waste Emergency Response Fund

(WV Code Chapter 22)


Fund 3331 FY 2007 Org 0313

Personal Services001$ 515,077
Annual Increment004 8,425
Employee Benefits010 178,229
Unclassified099
838,900

Total$
1,540,631

  1. -Division of Environmental Protection-

Solid Waste Reclamation and

Environmental Response Fund

(WV Code Chapter 22)


Fund 3332 FY 2007 Org 0313

Personal Services001$741,948
Annual Increment004 11,800
Employee Benefits010 248,793
Unclassified099 3,751,889
Total$ 4,754,430
  1. -Division of Environmental Protection-

Solid Waste Enforcement Fund

(WV Code Chapter 22)


Fund 3333 FY 2007 Org 0313

Personal Services001$ 1,607,480
Annual Increment004 25,850
Employee Benefits010 603,617
Unclassified099
1,033,940

Total$ 3,270,887
  1. -Division of Environmental Protection-

Air Pollution Control Fund

(WV Code Chapter 22)


Fund 3336 FY 2007 Org 0313

Personal Services001$4,165,018
Annual Increment004 42,275
Employee Benefits010 1,332,111
Unclassified099
2,013,604

Total$ 7,553,008
  1. -Division of Environmental Protection-

Environmental Laboratory

Certification Fund

(WV Code Chapter 22)


Fund 3340 FY 2007 Org 0313

Personal Services001$ 152,237
Annual Increment004 2,450
Employee Benefits010 56,024
Unclassified099
145,075

Total$ 355,786
  1. -Division of Environmental Protection-

Stream Restoration Fund

(WV Code Chapter 22)



Fund 3349 FY 2007 Org 0313

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

Litter Control Fund

(WV Code Chapter 22)

Fund 3486 FY 2007 Org 0313

Unclassified-Total
096
$
40,000

  1. -Division of Environmental Protection-

Recycling Assistance Fund

(WV Code Chapter 22)



Fund 3487 FY 2007 Org 0313

Personal Services
001
$
384,884

Annual Increment
004
4,350

Employee Benefits
010
155,464

Unclassified (R)099
2,202,034

Total
$
2,746,732

Any unexpended balance remaining in Unclassified (fund 3487, activity 099) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Environmental Protection-

Mountaintop Removal Fund

(WV Code Chapter 22)

Fund 3490 FY 2007 Org 0313

Personal Services001$ 772,296
Annual Increment
004
8,300

Employee Benefits
010
277,645

Unclassified
099
477,178

Total
$
1,535,419

  1. -Oil and Gas Conservation Commission-

Special Oil and Gas Conservation Fund

(WV Code Chapter 22C)


Fund 3371 FY 2007 Org 0315

Personal Services001$ 152,469
Annual Increment004 2,200
Employee Benefits010 36,553
Unclassified099
33,206

Total$ 224,428
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

  1. -Board of Barbers and Cosmetologists

(WV Code Chapters 16 and 30)


Fund 5425 FY 2007 Org 0505

Personal Services001$ 243,796
Annual Increment004 5,761
Employee Benefits010 103,375
Unclassified099
101,900

Total$
454,832

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.
  1. -WV Board of Medicine

(WV Code Chapter 30)


Fund 5106 FY 2007 Org 0506

Unclassified-Total096$ 1,186,978
  1. -Division of Health-

Tobacco Settlement Expenditure Fund

(WV Code Chapter 4)

Fund 5124 FY 2007 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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer (activity 239), $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org 0708) for expenditure.
From the above appropriation to Tobacco Education Program (activity 906), $250,000 shall be transferred to West Virginia State Police (fund 6502, org 0612) for Enhanced Drug Enforcement.
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 2007, organization 0506, and fund 5156, fiscal year 2007, 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, 2006, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
  1. -Division of Health-

Vital Statistics

(WV Code Chapter 16)


Fund 5144 FY 2007 Org 0506

Personal Services001$ 291,806
Annual Increment004 9,003
Employee Benefits010 130,114
Unclassified.099
98,688

Total$
529,611

  1. -Division of Health-

Hospital Services Revenue Account

(Special Fund)

(Capital Improvement, Renovation and Operations)

(WV Code Chapter 16)


Fund 5156 FY 2007 Org 0506

Debt Service (R)040$ 2,420,000
Institutional Facilities
Operations (R)335 38,674,129
Medical Services Trust Fund-
Transfer (R)512
23,300,000

Total$
64,394,129

Any unexpended balance remaining in the appropriation for hospital services revenue account at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007, except for fund 5156, activity 040 (fiscal year 2005) which shall expire on June 30, 2006.
The total amount of this appropriation shall be paid from the hospital services revenue account special fund created by section thirteen, article one, chapter sixteen of the code, and shall be used for operating expenses and for improvements in connection with existing facilities and bond payments.
The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate cost effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations, either in connection with this account or in connection with the line item designated Institutional Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2007, organization 0506) and the tobacco settlement expenditure fund (fund 5124, fiscal year 2007, 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, 2006, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
  1. -Division of Health-

Laboratory Services

(WV Code Chapter 16)


Fund 5163 FY 2007 Org 0506

Personal Services001$ 514,710
Annual Increment004 11,060
Employee Benefits010 208,533
Unclassified099
116,530

Total$
850,833

  1. -Division of Health-

Health Facility Licensing

(WV Code Chapter 16)


Fund 5172 FY 2007 Org 0506

Personal Services001$ 204,830
Annual Increment004 3,200
Employee Benefits01075,923
Unclassified099
93,313

Total$
377,266

  1. -Division of Health-

Hepatitis B Vaccine

(WV Code Chapter 16)

Fund 5183 FY 2007 Org 0506

Personal Services001$ 57,871
Annual Increment004 1,530
Employee Benefits010 22,056
Unclassified.099
2,996,007

Total$
3,077,464

  1. -Division of Health-

Lead Abatement Fund

(WV Code Chapter 16)


Fund 5204 FY 2007 Org 0506

Unclassified-Total096$ 20,000
  1. -Division of Health-

West Virginia Birth to Three Fund

(WV Code Chapter 16)

Fund 5214 FY 2007 Org 0506

Personal Services
001
$
511,400

Annual Increment
004
4,750

Employee Benefits
010
202,041

Unclassified
099
19,141,165

Total
$
19,859,356

  1. -Division of Health-

Tobacco Control Special Fund

(WV Code Chapter 16)

Fund 5218 FY 2007 Org 0506

Unclassified-Total
096
$
85,000

  1. -West Virginia Health Care Authority-

Health Care Cost Review Fund

(WV Code Chapter 16)


Fund 5375 FY 2007 Org 0507

Personal Services001$ 2,218,904
Annual Increment004 25,000
Employee Benefits010 688,250
Hospital Assistance
025600,000

Unclassified099
3,089,545

Total$
6,621,699

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.
  1. -Division of Human Services-

Health Care Provider Tax

(WV Code Chapter 11)


Fund 5090 FY 2007 Org 0511

Medical Services189$ 173,816,000
Medical Services Administrative Costs
789
400,000

Total
$
174,216,000

From the above appropriation, an amount not to exceed two hundred thousand dollars shall be transferred to a special revenue account in the treasury for use by the department of health and human resources for administrative purposes. The remainder of all moneys deposited in the fund shall be transferred to the West Virginia medical services fund (fund 5084).
  1. -Division of Human Services-

Child Support Enforcement

(WV Code Chapter 48A)

Fund 5094 FY 2007 Org 0511

Unclassified-Total (R)096$ 34,640,532
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094, activity 096) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007, except for fund 5094, activity 096, fiscal year 2004 which shall expire on June 30, 2006.
  1. -Division of Human Services-

Medical Services Trust Fund

(WV Code Chapter 9)


Fund 5185 FY 2007 Org 0511

Medical Services189
$
30,556,594

Medical Services Administrative Costs
789
501,411

Total
$
31,058,005

The above appropriation to Medical Services shall be used to provide state match of Medicaid expenditures as defined and authorized in subsection (c) of Chapter 9-4A-2a. Expenditures from the fund are limited to the following: payment of backlogged billings, funding for services to future federally mandated population groups and payment of the required state match for medicaid disproportionate share payments. The remainder of all moneys deposited in the fund shall be transferred to the division of human services accounts.
  1. -Division of Human Services-

James "Tiger" Morton Catastrophic Illness Fund

(WV Code Chapter 16)

Fund 5454 FY 2007 Org 0511

Unclassified-Total
096
$1,607,564

  1. -Family Protection Services Board-

Domestic Violence Legal Services Fund

(WV Code Chapter 48)

Fund 5455 FY 2007 Org 0511

Unclassified-Total
096
$588,022

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

  1. -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 2007 Org 0601

Unclassified-Total096$ 20,000
  1. -State Armory Board-

General Armory Fund

(WV Code Chapter 15)


Fund 6057 FY 2007 Org 0603

Unclassified-Total096$ 239,500
  1. -West Virginia Division of Corrections-

Parolee Supervision Fees

(WV Code Chapter 62)


Fund 6362 FY 2007 Org 0608

Personal Services001$ 260,195
Annual Increment004 1,651
Employee Benefits010 91,177
Unclassified
099
371,204

Total$
724,227

  1. -West Virginia State Police-

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)


Fund 6501 FY 2007 Org 0612

Personal Services001$ 1,009,166
Annual Increment004 23,450
Employee Benefits010 378,652
Unclassified099
299,640

BRIM Premium
913
293,623

Total$
2,004,531

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.
  1. -West Virginia State Police-

Drunk Driving Prevention Fund

(WV Code Chapter 15)


Fund 6513 FY 2007 Org 0612

Unclassified099$ 885,531
BRIM Premium
913
149,953

Total
$
1,035,484

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.
  1. -West Virginia State Police-

Surplus Real Property Proceeds Fund

(WV Code Chapter 15)


Fund 6516 FY 2007 Org 0612

Unclassified099$ 444,980
BRIM Premium
913
74,973

Total
$
519,953

  1. -West Virginia State Police-

Surplus Transfer Account

(WV Code Chapter 15)

Fund 6519 FY 2007 Org 0612

Unclassified (R)099$312,002
BRIM Premium
913
52,488

Total
$
364,490

Any unexpended balances remaining in the appropriations for Helicopter Purchase (fund 6519, activity 063) and Unclassified (fund 6519, activity 099) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -West Virginia State Police-

Central Abuse Registry Fund

(WV Code Chapter 15)

Fund 6527 FY 2007 Org 0612

Unclassified099$ 197,183
BRIM Premium
913
17,984

Total
$
215,167

  1. -West Virginia State Police-

Bail Bond Enforcer Fund

(WV Code Chapter 15)

Fund 6532 FY 2007 Org 0612

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

Veterans' Facilities Support Fund

(WV Code Chapter 9A)


Fund 6703 FY 2007 Org 0613

Unclassified-Total096$ 500,000
  1. -Regional Jail and Correctional

Facility Authority

(WV Code Chapter 31)


Fund 6675 FY 2007 Org 0615

Personal Services001$ 1,237,996
Annual Increment004 17,600
Employee Benefits010 410,948
Debt Service040 9,000,000
Unclassified099
545,235

Total$
11,211,779

  1. -Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)


Fund 6754 FY 2007 Org 0618

Unclassified-Total096$ 466,000
  1. -Fire Commission-

Fire Marshal Fees

(WV Code Chapter 29)


Fund 6152 FY 2007 Org 0619

Personal Services001$ 1,931,950
Annual Increment004 22,000
Employee Benefits010677,799
Unclassified099
460,062

BRIM Premium
913
58,013

Total$
3,149,824

Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2006 is hereby available for expenditure as part of the fiscal year 2007 appropriation.
  1. -Division of Criminal Justice Services-

WV Community Corrections Fund

(WV Code Chapter 62)


Fund 6386 FY 2007 Org 0620

Unclassified-Total096$ 2,002,425
  1. -Criminal Justice Services-

Court Security Fund

(WV Code Chapter 51)


Fund 6804 FY 2007 Org 0620

Unclassified-Total096$ 1,550,000
DEPARTMENT OF REVENUE

  1. -Division of Banking

(WV Code Chapter 31A)


Fund 3041 FY 2007 Org 0303

Personal Services001$ 1,856,100
Annual Increment004 14,500
Employee Benefits010516,459
Unclassified099
441,388

Total$
2,828,447

  1. -Tax Division-

Cemetery Company Account

(WV Code Chapter 35)


Fund 7071 FY 2007 Org 0702

Personal Services001$ 17,274
Annual Increment
004
200

Employee Benefits010 5,845
Unclassified099
7,797

Total$
31,116

  1. -Tax Division-

Special Audit and Investigative Unit

(WV Code Chapter 11)


Fund 7073 FY 2007 Org 0702

Personal Services001$ 857,754
Annual Increment004 18,600
Employee Benefits010 323,783
Unclassified099
229,847

Total$
1,429,984

  1. -Tax Division-

Special District Excise Tax Administration Fund

(WV Code Chapter 11)

Fund 7086 FY 2007 Org 0702

Unclassified-Total096$ 50,000
  1. -State Budget Office-

Public Employees Insurance Reserve Fund

(WV Code Chapter 11B)


Fund 7400 FY 2007 Org 0703

Public Employees Insurance Reserve
Fund-Transfer
903
$
6,200,000

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.
  1. -Insurance Commissioner-

Examination Revolving Fund

(WV Code Chapter 33)


Fund 7150 FY 2007 Org 0704

Personal Services001$ 566,230
Annual Increment004 3,500
Employee Benefits010 154,536
Unclassified099
487,242

Total$
1,211,508

  1. -Insurance Commissioner-

Consumer Advocate

(WV Code Chapter 33)


Fund 7151 FY 2007 Org 0704

Personal Services001$ 459,528
Annual Increment004 3,500
Employee Benefits010 142,409
Unclassified099
157,851

Total$
763,288

  1. -Insurance Commissioner

(WV Code Chapter 33)


Fund 7152 FY 2007 Org 0704

Personal Services (R)001$ 17,600,000
Annual Increment (R)004 227,232
Employee Benefits (R)010 6,300,000
Unclassified (R)099
12,050,000

Total$
36,177,232

Any unexpended balances remaining in the appropriations for Personal Services (fund 7152, activity 001), Annual Increment (fund 7152, activity 004), Employee Benefits (fund 7152, activity 010), and Unclassified (fund 7152, activity 099)at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Insurance Commissioner -

Workers' Compensation Old Fund

(WV Code Chapter 23)


Fund 7162 FY 2007 Org 0704

Unclassified-Total
096
$
708,750,000

  1. -Insurance Commissioner -

Workers' Compensation Uninsured Employers' Fund

(WV Code Chapter 23)


Fund 7163 FY 2007 Org 0704

Unclassified-Total
096
$
27,000,000

  1. -Insurance Commissioner -

Self-Insured Employer Guaranty Risk Pool

(WV Code Chapter 23)


Fund 7164 FY 2007 Org 0704

Unclassified-Total
096
$
5,000,000

  1. -Insurance Commissioner -

Self-Insured Employer Security Risk Pool

(WV Code Chapter 23)


Fund 7165 FY 2007 Org 0704

Unclassified-Total
096
$
10,000,000

  1. -Insurance Commissioner -

Private Carrier Guaranty Fund

(WV Code Chapter 23)


Fund 7166 FY 2007 Org 0704

Unclassified-Total
096
$
1,000,000

  1. -Insurance Commissioner -

Assigned Risk Fund

(WV Code Chapter 23)


Fund 7167 FY 2007 Org 0704

Unclassified-Total
096
$
1,000,000

  1. -Municipal Bond Commission

(WV Code Chapter 13)


Fund 7253 FY 2007 Org 0706

Personal Services001$ 164,862
Annual Increment004 4,300
Employee Benefits010 64,485
Unclassified099
76,772

Total$ 310,419
  1. -Racing Commission-

Relief Fund

(WV Code Chapter 19)

Fund 7300 FY 2007 Org 0707

Medical Expenses-Total245$ 57,000
The total amount of this appropriation shall be paid from the special revenue fund out of collections of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care and/or funeral expenses for persons contributing to this fund.
  1. -Racing Commission-

Administration and Promotion

(WV Code Chapter 19)


Fund 7304 FY 2007 Org 0707

Personal Services001$ 68,244
Annual Increment004 1,000
Employee Benefits010 24,534
Unclassified099
39,661

Total$
133,439

  1. -Racing Commission-

General Administration

(WV Code Chapter 19)


Fund 7305 FY 2007 Org 0707

Personal Services001$ 2,048,800
Annual Increment004 20,250
Employee Benefits010 494,228
Unclassified099
380,728

Total$
2,944,006

  1. -Racing Commission-

Administration, Promotion and Education Fund

(WV Code Chapter 19)


Fund 7307 FY 2007 Org 0707

Unclassified-Total096$61,425
  1. -Alcohol Beverage Control Administration-

Wine License Special Fund

(WV Code Chapter 60)


Fund 7351 FY 2007 Org 0708

Personal Services001$ 231,468
Annual Increment004 4,300
Employee Benefits010 96,476
Unclassified099
113,069

Total$
445,313

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

(WV Code Chapter 60)


Fund 7352 FY 2007 Org 0708

Personal Services001$ 3,783,914
Annual Increment004 79,000
Employee Benefits010 1,608,590
Unclassified (R)099
2,306,060

Total$
7,777,564

Any unexpended balance remaining in the appropriation for Unclassified (fund 7352, activity 099) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
From the above appropriation an amount shall be used for the Tobacco/Alcohol Education Program.
The total amount of this appropriation shall be paid from a special revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses and equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation, the necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION

  1. -Division of Motor Vehicles-

Driver's License Reinstatement Fund

(WV Code Chapter 17B)


Fund 8213 FY 2007 Org 0802

Personal Services
001
$
519,460

Annual Increment
004
7,300

Employee Benefits
010
220,087

Unclassified
099
899,122

Total
$
1,645,969

  1. -Division of Motor Vehicles-

Driver Rehabilitation

(WV Code Chapter 17C)


Fund 8214 FY 2007 Org 0802

Unclassified-Total096$ 553,777
  1. -Division of Motor Vehicles-

Insurance Certificate Fees

(WV Code Chapter 20)


Fund 8215 FY 2007 Org 0802

Personal Services
001
$
635,340

Annual Increment
004
16,900

Employee Benefits
010
265,878

Unclassified
099
112,142

Total
$
1,030,260

  1. -Division of Motor Vehicles-

Motorboat Licenses

(WV Code Chapter 20)


Fund 8216 FY 2007 Org 0802

Unclassified-Total096$ 484,869
  1. -Division of Motor Vehicles-

Returned Check Fees

(WV Code Chapter 17)


Fund 8217 FY 2007 Org 0802

Unclassified-Total096$ 19,374
  1. -Division of Motor Vehicles-

Dealer Recovery Fund

(WV Code Chapter 17)


Fund 8220 FY 2007 Org 0802

Unclassified-Total096$ 189,000
  1. -Division of Highways-

A. James Manchin Fund

(WV Code Chapter 17)


Fund 8319 FY 2007 Org 0803

Unclassified-Total096$ 3,320,000
HIGHER EDUCATION

  1. -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 2007 Org 0442

Debt Service (R)
040
$
4,822,241

General Capital Expenditures (R)
306
500,000

Total
$
5,322,241

Any unexpended balances remaining in the appropriations at the close of fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007, except for fund 4902, activity 040 (fiscal year 2003), fund 4902, activity 306 (fiscal year 2002), and fund 4902, activity 306 (fiscal year 2003) which shall expire on June 30, 2006.
The total amount of this appropriation shall be paid from the special capital improvements fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
  1. -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 2007 Org 0442

Debt Service (R)
040
$
23,630,168

General Capital Expenditures (R)
306
500,000

Facilities Planning
and Administration (R)
386
394,139

Total
$
24,524,307

Any unexpended balances remaining in the appropriations at the close of fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007, except for fund 4903, activity 040 (fiscal year 2003), fund 4903, activity 040 (fiscal year 2004), fund 4903, activity 306 (fiscal year 2002), and fund 4903, activity 306 (fiscal year 2003) which shall expire on June 30, 2006.
The total amount of this appropriation shall be paid from the special capital improvement fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
  1. -Higher Education Policy Commission-

1977 State System Registration Fee Refund Revenue Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4905 FY 2007 Org 0442

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Higher Education Policy Commission-

Tuition Fee Revenue Bond Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4906 FY 2007 Org 0442

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -Health Sciences-

West Virginia University Health Sciences Center

(WV Code Chapters 18 and 18B)


Fund 4179 FY 2007 Org 0463

Unclassified-Total (R)
096
$
15,479,774

Any unexpended balance remaining in the appropriation at the close of fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
MISCELLANEOUS BOARDS AND COMMISSIONS


  1. -Hospital Finance Authority

(WV Code Chapter 16)


Fund 5475 FY 2007 Org 0509

Personal Services001$ 46,924
Annual Increment004 800
Employee Benefits010 17,652
Unclassified.099
30,188

Total$ 95,564
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.
  1. -WV State Board of Examiners for Licensed Practical Nurses

(WV Code Chapter 30)

Fund 8517 FY 2007 Org 0906

Unclassified-Total096$ 367,344
  1. -WV Board of Examiners for Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2007 Org 0907

Unclassified-Total096$ 895,792
  1. -Public Service Commission

(WV Code Chapter 24)


Fund 8623 FY 2007 Org 0926

Personal Services001$ 8,063,255
Annual Increment004130,000
Employee Benefits010 2,722,622
Unclassified099
2,813,563

Weight Enforcement Program
345
4,667,295

Debt Payment/Capital Outlay
520
350,000

BRIM Premium913
115,000

Total$ 18,861,735
The total amount of this appropriation except for the PSC Weight Enforcement appropriation (activity 345) shall be paid from a special revenue fund out of collection for special license fees from public service corporations as provided by law. The amount appropriated to the PSC Weight Enforcement (activity 345) shall be paid from the state road fund as provided by law.
The Public Service Commission is authorized to spend up to $500,000, from surplus funds in this account, to meet the expected deficiencies in the Motor Carrier Division account due to passage of enrolled house bill no. 2715, regular session, 1998.
  1. -Public Service Commission-

Gas Pipeline Division-

Public Service Commission Pipeline Safety Fund

(WV Code Chapter 24B)


Fund 8624 FY 2007 Org 0926

Personal Services001$ 155,617
Annual Increment004 5,556
Employee Benefits010 53,458
Unclassified099
85,753

Total$ 300,384
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.
  1. -Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8625 FY 2007 Org 0926

Personal Services001$ 1,614,046
Annual Increment004 40,000
Employee Benefits010 569,345
Unclassified099
559,067

Total$ 2,782,458
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.
  1. -Public Service Commission-

Consumer Advocate

(WV Code Chapter 24)


Fund 8627 FY 2007 Org 0926

Personal Services001$511,877
Annual Increment004 6,650
Employee Benefits010 161,070
Unclassified099
264,961

BRIM Premium
913
3,978

Total$ 948,536
The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the public service commission.
  1. -Real Estate Commission

(WV Code Chapter 30)


Fund 8635 FY 2007 Org 0927

Personal Services001$ 365,015
Annual Increment004 6,800
Employee Benefits010 118,885
Unclassified099
236,356

Total$ 727,056
The total amount of this appropriation shall be paid out of collections of license fees as provided by law.
  1. -WV Board of Examiners for Speech-Language

Pathology and Audiology

(WV Code Chapter 30)

Fund 8646 FY 2007 Org 0930

Unclassified-Total096$ 71,939
  1. -WV Board of Respiratory Care

(WV Code Chapter 30)

Fund 8676 FY 2007 Org 0935

Unclassified-Total096$ 106,438
  1. -WV Board of Licensed Dietitians

(WV Code Chapter 30)


Fund 8680 FY 2007 Org 0936

Unclassified-Total096$ 18,900
  1. -Massage Therapy Licensure Board

(WV Code Chapter 30)

Fund 8671 FY 2007 Org 0938

Unclassified-Total096
$91,861

  1. -Board of Treasury Investments

(WV Code Chapter 12)

Fund 9152 FY 2007 Org 0950

Unclassified-Total
096
$
1,081,655

There is hereby appropriated from this fund, in addition to the above appropriation, the amount of funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians, fund advisors and fund managers for the Consolidated fund of the State as provided in chapter 12, Article 6C of the West Virginia Code.
The total amount of the appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
Total TITLE II, Section 3-Other Funds
$
1,449,133,213

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 an appropriation is made for Fund 3167 and Fund 4297, and is authorized to transfer any such amounts to Fund 3167 and Fund 4297 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.
  1. -Education, Arts, Sciences and Tourism-

Debt Service Fund

(WV Code Chapter 5)


Fund 2252 FY 2007 Org 0211

Lottery
ActivityFunds

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

Division of Tourism

(WV Code Chapter 5B)


Fund 3067 FY 2007 Org 0304

Tourism-Telemarketing Center
463
$
90,000

WV Film Office
498
353,415

Tourism-Advertising (R)
618
3,155,715

Tourism-Unclassified
662
4,268,674

Total
$
7,867,804

Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay (fund 3067, activity 417), Tourism-Advertising (fund 3067, activity 618), Tourism-Unclassified (fund 3067, activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067, activity 773), and Tourism- Special Projects (fund 3067, activity 859) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Natural Resources

(WV Code Chapter 20)


Fund 3267 FY 2007 Org 0310

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

Unclassified (R)
099
2,199,770

Pricketts Fort State Park
324
92,874

Non-Game Wildlife (R)
527
427,249

State Parks and
Recreation Advertising (R)
619
588,206

West Virginia Stream
Partners Program (R)637
77,396

Total$
3,428,492

Any unexpended balances remaining in the appropriations for Gypsy Moth Suppression Program for State Parks (fund 3267, activity 017), Unclassified (fund 3267, activity 099), Non-Game Wildlife (fund 3267, activity 527), State Parks and Recreation Advertising (fund 3267, activity 619), West Virginia Stream Partners Program (fund 3267, activity 637), and State Parks-Special Projects (fund 3267, activity 860) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -State Department of Education

(WV Code Chapters 18 and 18A)


Fund 3951 FY 2007 Org 0402

Unclassified
099
$4,125,000

Safe Schools
143
0

Technology Infrastructure Network (R)
35120,531,122

READS Program
365
300,000

MATH Program368 400,000
FBI Checks
372
102,651

Vocational Education
Equipment Replacement
393
819,750

Assessment Program
396
6,425,030

Educational Enhancements
695
0

Sparse Population Allocation
973
0

Total$ 32,703,553
Any unexpended balances remaining in the appropriations for Technology Infrastructure Network (fund 3951, activity 351), Technology Demonstration Project (fund 3951, activity 639), and Computer Study (fund 3951, activity 998) at the close of the fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
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.
  1. -State Department of Education-

School Building Authority-

Debt Service Fund

(WV Code Chapter 18)


Fund 3963 FY 2007 Org 0402

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

Office of the Secretary-

Control Account-

Lottery Education Fund

(WV Code Chapter 5F)

Fund 3508 FY 2007 Org 0431

Unclassified
099
$
120,000

WV Humanities Council
168
400,000

Commission for National and
Community Service
193
410,050

Arts Programs (R)
500
80,000

College Readiness (R)
579
200,450

Challenger Learning Center
862
60,000

Statewide STEM 21st Century Academy
40,000

Literacy Project
50,000

Special Olympic Games
966
25,000

Total
$1,385,500

Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity 099), Arts Programs (fund 3508, activity 500), College Readiness (fund 3508, activity 579), and LATA Access (fund 3508, activity 580) at the close of fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Culture and History-

Lottery Education Fund

(WV Code Chapter 29)

Fund 3534 FY 2007 Org 0432

Huntington Symphony
027
100,000

Martin Luther King, Jr.
Holiday Celebration
031$10,800

Fairs and Festivals122 2,350,000
Archeological Curation/Capital
Improvements (R)
24650,344

Historic Preservation Grants (R)311 450,900
West Virginia Public Theater
312
200,000

Tri-County Fair Association
343
125,000

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

Theater Arts of West Virginia
464
420,000

Marshall Artists Series
518
60,000

Grants for Competitive Arts Program (R)
624
810,000

West Virginia State Fair
657
50,000

Contemporary American Theater Festival
811
115,000

Independence Hall (R)812
50,000

Mountain State Forest Festival
864
70,000

WV Symphony
100,000

Wheeling Symphony
100,000

Appalachian Children's Chorus
100,000

Total$5,222,044
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 2006 are hereby reappropriated for expenditure during the fiscal year 2007.
Included in the above appropriation for Fairs and Festivals (activity 122), funding shall be provided to the African-American Cultural Heritage Festival 5,000, African-American Heritage Family Tree Museum 4,500, African-American Jublilee (Ohio) 5,500, Alderson 4th of July Celebration (Greenbrier) 3,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker) 11,250, American Legion Post 8, Veterans Day Parade 2,000, Annual Labor Day Observance (Randolph) 2,000, Annual Law Enforcement Day (Lewis) 2,000, Apollo Theater - Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000, Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day-South Charleston 3,000, Arthurdale Heritage (Preston) 4,000, Athens Town Fair (Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities Council 1,500, Barbour County Fair 2,500, Barboursville Octoberfest (Cabell) 5,000, Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek (Greenbrier) 1,500, Battle of Point Pleasant Memorial Committee 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD Community Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Fall Festival (Kanawha) 2,000, Bergoo Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River Days Festival (Nicholas) 2,000, Black Bear 40K Mountain Bike Race 1,000, Black Heritage Festival (Harrison) 4,000, Black Walnut Festival (Roane) 3,800, Blue-Gray Reunion (Barbour) 3,500, Boone County Fair 6,500, Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street Fair (Mercer) 1,500, Braxton County Arts and Crafts Fair 500, Braxton County Fairs and Festivals Association 9,000, Braxton County Homecoming 500, Brooke County Fair 2,500, Bruceton Historical Society Victorian May Event 2,000, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival (Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan) 5,000, Burlington Apple Harvest Festival (Mineral) 30,000, Cabell County Fair 10,000, Cabwaylingo Forest Foundation (Wayne) 1,500, Calhoun County Wood Festival 2,000, Cape Coalwood Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire) 1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000, Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Braxton) 500, Celebration in the Park (Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000, Ceredo Landmark Commission (Wayne) 1,500, Ceredo-Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival (Logan) 1,000, Chapmanville Fire Department 4th of July 3,000, Charles Town Christmas Festival 5,000, Charles Town Heritage Festival 5,000, Charles Town Summer Sampler (Jefferson) 1,000, Charleston River Lights Project (Kanawha) 10,000, Charleston Sternwheel Regatta 20,000, Cherry River Festival (Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chief Logan State Park-Civil War Celebration 8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park (Logan) 25,000, Civil War Horse Cavalry Race (Barbour) 1,000, City of Dunbar Critter Dinner 10,000, FestivALL Charleston 20,000, Clay Co. Agriculture Youth Fair 1,500, Clay County Golden Delicious Festival 5,000, Coal Field Jamboree (Logan) 35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society 10,000, Country Roads Festival (Fayette) 2,000, Cowen Railroad Festival (Webster) 3,500, Craigsville Fall Festival 3,500, Cross Lanes Annual Festival (Kanwaha) 8,000, Doddridge County Fair 5,200, Dunlow Fall Festival 2,000, Durbin Days (Pocahontas) 2,000, Elizabethtown Festival (Marshall) 4,000, Elbert/Filbert Reunion Festival (McDowell) 1,500, Ellenboro Glass Festival (Ritchie) 3,000, Fairview 4th of July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion 4th of July 1,000, Fellowsville Firemen's Festival (Preston) 1,000, Festival of the Rivers (Summers) 10,000, First Stage Children's Theater Company (Cabell) 1,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor) 3,500, Follansbee Community Days (Brooke) 6,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain Heritage Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford Autumnfest (Greenbrier) 3,000, Friends Auxiliary of W.R. Sharpe Hospital 5,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts-Wine & All that Jazz Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam Stephen Memorial Foundation 18,525, Gilbert Kiwanis Harvest Festival 1,000, Gilbert Spring Fling (Mingo) 1,000, Gilmer County Farm Show 3,500, Grafton Mother's Day Shrine Committee (Taylor) 7,500, Grafton Railroad Festival (Taylor) 1,000, Grant County Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Greenbrier Valley Theater 50,000, Guyandotte Civil War Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 3,500, Hampshire Civil War Celebration Days 1,000, Hampshire County Fair 6,000, Hampshire County French & Indian War Celebration 1,000, Hampshire Herbs & Arts Festival 1,000, Hampshire Heritage Days 2,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and Crafts Association (Hardy) 20,000, Harts Community Celebration (Lincoln) 1,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft Festival (Monroe) 1,000, Heritage Days Festival(Roane) 1,500, Hicks Festival (Tucker) 2,000, Hilltop Festival (Huntington) 500, Hinton Railroad Days (Summers) 3,000, Historic Fayette Theater (Fayette) 5,500, Historic Middleway Conservancy (Jefferson) 1,000, Holly River Festival (Webster) 1,500, Hundred 4th of July (Wetzel) 7,250, Huntington Outdoor Theater (Cabell) 1,000, Huntington Youth and Music Project 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500, Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 6,000, Irish Spring Festival (Lewis) 1,000, Italian Heritage Festival - Clarksburg 25,000, Jacksonburg Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co. Black History Preservation Society 5,000, Jefferson Co. Historical Landmark Commission 8,000, Jefferson County African American Heritage Festival 5,000, Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days (Hampshire) 1,000, John Henry Days Festival (Monroe) 4,000, Johnstown Community Fair (Harrison) 2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest - St. Albans July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July Celebration 1,000, King Coal Festival (Mingo) 3,500, Kingwood Downtown Street Fair and Heritage Days 2,000, Lady of Agriculture (Preston) 1,000, Lamb and Steer Show 9,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000, Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County Fall Festival 6,000, Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000, Logan County Arts and Crafts Fair 4,000, Lost Creek Community Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple Syrup Festival (Randolph) 1,000, Marmet Annual Labor Day Celebration (Kanawha) 2,000 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall County Historical Society 8,500, Marshall County Riverfront Festival 2,500, Mason County Fair 5,000, Mason Dixon Festival (Monongalia) 7,000, Matewan-Magnolia Fair (Mingo) 4,000, McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair 2,500, McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mineral County Fair 1,750, Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000, Monroe County Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000, Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival (Jefferson) 5,000, Mountain Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts and Crafts Fair-Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot Air Balloon Festival 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival (Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community (Putnam) 45,000, Music Hall of Fame (Marion) 5,000, New Cumberland 4th of July (Hancock) 2,000, New River Bridge Day Festival (Fayette) 35,000, Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil War Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and Farmers Days 4,000, West Virginia Fireman's Rodeo (Fayette) 2,500, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000, Oglebay City Park - Festival of Lights (Ohio) 80,000, Oglebay Festival (Ohio) 5,000, Ohio County Fair 8,500, Old Central City Fair (Huntington) 5,000, Old Opera House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,325, Paden City Labor Day Festival (Wetzel) 6,500, Panther Fall Festival (McDowell) 4,000, Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000, Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts 15,000, Pendleton County Fair 25,000, Pennsboro Country Road Festival 2,000, Petersburg Fourth of July Celebration 20,000, Petersburg HS Celebration 10,000, Peterstown 4th of July Horse Show (Grant) 1,000, Piedmont-Annual Back Street Festival 4,000, Pinch Reunion (Kanawha) 1,500, Pine Bluff Fall Festival 4,000, Pine Grove 4th of July Festival (Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Artist Series 5,000, Point Pleasant Stern wheel Regatta River 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Civil War Heritage Days (Mercer) 1,000, Princeton Town Fair (Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade(Wardensville) 4,000, Rainelle Fall Festival 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts Council 3,000, Ranson Christmas Festival 5,000, Ranson Festival 5,000, Ravenswood Octoberfest 5,000, Reckhart Mill Festival (Preston) 1,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival 1,000, Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell) 3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program 5,000, Roane County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 3,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter Festival (Harrison) 4,000, Scottish Heritage Society/N.Central WV Central 5,000, Sistersville 4th of July Fireworks(Wetzel) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water (Wetzel) 3,000, Soldiers' Memorial Theater (Raleigh) 10,000, Southern WV Veterans' Museum (Summers) 4,500, Spring Mountain Festival (Grant) 4,000, Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, Stoco Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and Crafts 11,000, Storytelling Festival (Lewis) 500, Strawberry Festival (Upshur) 20,000, Summer Fest of Panther (McDowell) 1,500, Summers County Historic Landmark Commission 5,000, Summers County Railroad Days Festival 2,500, Sumner-Ramer Heritage, Inc (Berkeley) 3,000, Sylvester July 4th Celebration (Boone) 2,500, Taylor County Fair 2,500, Terra Alta VFD 4th of July Celebration (Preston) 1,000, Town of Delbarton 4th of July Celebration (Mingo) 3,000, Those Who Served War Museum (Mercer) 4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart - Mothers' Day Celebration 15,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair (Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tug Valley Arts Council (Mingo) 5,000, Tunnelton Depot Days (Preston) 1,000, Tunnelton Fire Department Carnival (Preston) 750, Tunnelton Historical Society (Preston) 2,000, Turkey Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500, Uniquely West Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500, Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston) 2,500, Volcano Days at Mountwood Park (Wood) 5,000, War Homecoming Fall Festival 1,500, Wardensville Fall Festival 5,000, Wayne County Fair 5,000, Wayne County Fall Festival 5,000, Webster County Woodchopping Festival 4,500, Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock) 3,000, Wellsburg 4th of July Celebration (Brooke) 5,500, Wellsburg Apple Festival of Brooke County 4,000, West Virginia Autumn Festival (Burnsville) 2,500, West Virginia Blackberry Festival 5,000, West Virginia Coal Festival (Boone) 7,000, West Virginia Days - Hinton (Summers) 2,000, West Virginia Dairy Cattle Show 10,000, West Virginia Fair and Exposition (Wood) 8,100, West Virginia Highland Games & Celtic Festival 3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass (Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival(Cabell) 5,000, West Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival 4,500, West Virginia Strawberry Festival-Horse Pull 2,500, West Virginia Water Festival - City of Hinton 16,000, West Virginia Wine & Jazz Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston Carp Festival & Fishing Tournament 4,000, Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest 5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival (Ohio) 2,000, Wheeling City of Lights 8,000, Wheeling Sterwheel Regatta 10,000, Whipple Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone) 4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000, Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000, Wood County Beef Asociation 2,500, YMCA Camp Horseshoe 105,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000, Z.D. Ramsdell House (Wayne) 4,500.
Any Fairs & Festival awards shall be funded in addition to, and not in lieu of, individual grant allocations derived from the Arts Council and the Cultural Grant Program allocations.
  1. -Library Commission-

Lottery Education Fund

(WV Code Chapter 10)

Fund 3559 FY 2007 Org 0433

Books and Films
179
$
500,000

Services to Libraries
180
500,000

Grants to Public Libraries182
7,348,884

Digital Resources
309
219,992

Libraries-Special Projects
625
800,000

Infomine Network884
1,152,984

Total$ 10,521,860
  1. -Educational Broadcasting Authority-

Lottery Education Fund

(WV Code Chapter 10)

Fund 3587 FY 2007 Org 0439

Any unexpended balance remaining in the above appropriation for Digital Conversion (fund 3587, activity 247) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Bureau of Senior Services-

Lottery Senior Citizens Fund

(WV Code Chapter 29)


Fund 5405 FY 2007 Org 0508

Personal Services001$ 128,029
Annual Increment
004
2,600

Employee Benefits
010
58,773

Unclassified099
348,881

Local Programs Service Delivery Costs200
2,475,250

Silver Haired Legislature202
15,000

Area Agencies Administration 203
78,685

In-Home Services and Nutrition
for Senior Citizens
2,000,000

Senior Citizen Centers and Programs (R) 462
2,600,000

Direct Services4810
Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens539 13,000,000
Alzheimer's Respite Care
565
0

Roger Tompkins Alzheimers Respite Care 643
800,000

Senior Services Medicaid Transfer871
10,300,000

Legislative Initiatives for the Elderly904
10,000,000

Long Term Care Ombudsman
905
321,325

BRIM Premium
913
7,243

Total$ 42,135,786
Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens in addition to the sum of $3,700,000 from Medical Services (fund 0403, activity 189), 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.
  1. -Higher Education Policy Commission-

Lottery Education-

Higher Education Policy Commission-

Control Account

(WV Code Chapters 18B and 18C)


Fund 4925 FY 2007 Org 0441

Marshall Medical School-
RHI Program and Site Support (R)
033
$444,678

WVU Health Sciences
RHI Program and Site Support (R)
035
1,215,640

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

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

RHI Program and Site Support -
Grad Med Ed and Fiscal Oversight (R)
038
100,287

Higher Education Grant Program (R)
164
18,309,000

Tuition Contract Program (R)
165
1,020,404

Minority Doctoral Fellowship (R)
166
150,000

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

School of Osteopathic Medicine (R)
172
6,756,463

Health Sciences Scholarship (R)
176
149,217

School of Osteopathic Medicine BRIM
Subsidy (R)
403
169,396

Rural Health Initiative-Medical Schools
Support (R)
581
463,862

Vice Chancellor for Health Sciences-
Rural Health Residency Program (R)
601
263,596

MA Public Health Program and
Health Science Technology (R)
623
58,569

Marshall University Graduate
College Writing Project
807
25,000

HEAPS Grant Program (R)
867
5,001,133

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

Health Sciences Career
Opportunities Program (R)
869
367,000

HSTA Program (R)
870
1,034,711

Center for Excellence in Disabilities
967
100,000

Total
$
38,833,801

Any unexpended balances remaining in the appropriations at the close of fiscal year 2006 are hereby reappropriated for expenditure during the fiscal year 2007, with the exception of fund 4925, activity 847 which shall expire on June 30, 2006.
Total TITLE II, Section 4-Lottery Revenue$
170,098,840

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.
  1. -Lottery Commission-

Refundable Credit

Fund 7207 FY 2007 Org 0705

Lottery
ActivityFunds
Unclassified-Total-Transfer
402
$
6,000,000

The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under chapter eleven, article twenty-one, section twenty-one of the code. The amount of the required transfer shall be determined solely by the state tax commissioner and shall be completed by the director of the lottery upon the commissioner's request.
  1. -Lottery Commission-

General Purpose Account


Fund 7206 FY 2007 Org 0705

Unclassified-Total-Transfer402$ 65,000,000
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to the General Revenue Fund as determined by the director of the lottery.
  1. -Education Improvement Fund


Fund 4295 FY 2007 Org 0441

Unclassified-Total-Transfer (R)402$ 27,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven, section seven.
The Legislature has explicitly set a finite amount of available appropriations and directed the administrators of the Program to provide for the award of scholarships within the limits of available appropriations.
  1. -Economic Development Authority-

Economic Development Project Fund

Fund 3167 FY 2007 Org 0307

Debt Service-Total310$ 19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement of amounts transferred to the economic development project fund pursuant to section four of this title and subsection (f), section eighteen, article twenty-two, chapter twenty-nine of the code.
  1. -School Building Authority


Fund 3514 FY 2007 Org 0402

Unclassified-Total-Transfer402$ 19,000,000
  1. -West Virginia Infrastructure Council


Fund 3390 FY 2007 Org 0316

Unclassified-Total-Transfer (R)402$ 40,000,000
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to the West Virginia Infrastructure Fund (fund 3384, org 0316) created by chapter thirty-one, article fifteen- a, section nine of the code.
  1. -Higher Education Improvement Fund

Fund 4297 FY 2007 Org 0441

Unclassified-Total (R)
096$10,000,000

  1. -State Park Improvement Fund

Fund 3277 FY 2007 Org 0310

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

Any unexpended balance remaining in the appropriation at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Lottery Commission-

Excess Lottery Revenue Fund Surplus

Fund 7208 FY 2007 Org 0705

Unclassified-Transfer
482
$
12,900,000

Revenue Shortfall Reserve Fund-Transfer
590
0

Consolidated Public Retirement-Transfer
83,300,000

Total
$
96,200,000

The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the General Revenue Fund only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code has been satisfied as determined by the director of the lottery.
The above appropriation for Consolidated Public Retirement-Transfer (fund 7208, activity ) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation fund (fund 2601) only after all funding required by chapter twenty- nine, article twenty-two, section eighteen-a of the code and the transfer to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined by the director of the lottery.
Should the actual revenues accruing to the total Excess Lottery Fund be insufficient to fully fund all appropriations, the appropriation to the Consolidated Public Retirement-Transfer (activity ) shall be reduced to the extend funds are available and the appropriation made in the reduced amount and thereafter transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation fund (fund 2601).
  1. -Governor's Office

(WV Code Chapter 5)

Fund 1046 FY 2007 Org 0100

Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses-Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Division of Health-

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2007 Org 0506

Any unexpended balance remaining in the appropriation for Chief Medical Examiner-Capital Improvements-Lottery Surplus (fund 5219, activity 051) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -West Virginia State Police

(WV Code Chapter 15)

Fund 6394 FY 2007 Org 0612

Any unexpended balance remaining in the appropriation for Helicopter Purchase (fund 6394, activity 063) at the close of fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
  1. -Tax Division

(WV Code Chapter 11)

Fund 7082 FY 2007 Org 0702

Any unexpended balance remaining in the appropriation for Remittance Processor-Lottery Surplus (fund 7082, activity 054) at the close of the fiscal year 2006 is hereby reappropriated for expenditure during the fiscal year 2007.
Total TITLE II, Section 5-Excess Lottery Funds
$
287,200,000

Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of the code, from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand seven.
LEGISLATIVE

  1. -Crime Victims Compensation Fund

(WV Code Chapter 14)


Fund 8738 FY 2007 Org 2300

Federal
ActivityFunds
Unclassified-Total096$ 1,269,031
JUDICIAL

  1. -Supreme Court-

Consolidated Federal Funds


Fund 8867 FY 2007 Org 2400

Unclassified-Total096$ 400,000
EXECUTIVE

  1. -Governor's Office-


Office of Economic Opportunity

(WV Code Chapter 5)


Fund 8797 FY 2007 Org 0100

Unclassified-Total096$ 6,000,000
  1. -Governor's Office-

Commission for National and Community Service

(WV Code Chapter 5)

Fund 8800 FY 2007 Org 0100

Unclassified-Total096$ 5,231,509
  1. -Auditor's Office-

National White Collar Crime Center

(WV Code Chapter 12)


Fund 8807 FY 2007 Org 1200

Unclassified-Total096$ 14,002,367
  1. -Department of Agriculture

(WV Code Chapter 19)


Fund 8736 FY 2007 Org 1400

Unclassified-Total096$ 4,262,367
  1. -Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)


Fund 8737 FY 2007 Org 1400

Unclassified-Total096$ 839,565
  1. -Department of Agriculture-

State Conservation Committee

(WV Code Chapter 19)

Fund 8783 FY 2007 Org 1400

Unclassified-Total
096
$300,000

  1. -Secretary of State-

State Election Fund

(WV Code Chapter 3)

Fund 8854 FY 2007 Org 1600

Unclassified-Total
096
$4,821,424

DEPARTMENT OF ADMINISTRATION

  1. -West Virginia Prosecuting Attorney's Institute

(WV Code Chapter 7)

Fund 8834 FY 2007 Org 0228

Unclassified-Total
096$199,671

  1. -Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 8838 FY 2007 Org 0230

Unclassified-Total
096 $37,928,099

DEPARTMENT OF COMMERCE

  1. -Division of Forestry

(WV Code Chapter 19)


Fund 8703 FY 2007 Org 0305

 Unclassified-Total096$ 4,145,804
  1. -Geological and Economic Survey

(WV Code Chapter 29)


Fund 8704 FY 2007 Org 0306

 Unclassified-Total096$ 302,202
  1. -West Virginia Development Office

(WV Code Chapter 5B)


Fund 8705 FY 2007 Org 0307

 Unclassified-Total096$ 10,639,627
  1. -Division of Labor

(WV Code Chapters 21 and 47)


Fund 8706 FY 2007 Org 0308

 Unclassified-Total096$ 548,675
  1. -Division of Natural Resources

(WV Code Chapter 20)


Fund 8707 FY 2007 Org 0310

 Unclassified-Total096$ 9,955,955
  1. -Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)


Fund 8709 FY 2007 Org 0314

 Unclassified-Total096$ 1,345,652
  1. -Bureau of Employment Programs

(WV Code Chapter 23)

Fund 8835 FY 2007 Org 0323

 Unclassified099$ 512,657
 Reed Act 2002-Unemployment Compensation622 2,374,000
 Reed Act 2002-Employment Services
630
1,371,000

Total
$
4,257,657

Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended, and the provisions of section nine, article nine, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the above appropriation to Unclassified shall be used by the bureau of employment programs for the specific purpose of administration of the state's unemployment insurance program or job service activities, subject to each and every restriction, limitation or obligation imposed on the use of the funds by those federal and state statutes.
DEPARTMENT OF EDUCATION

  1. -State Department of Education

(WV Code Chapters 18 and 18A)


Fund 8712 FY 2007 Org 0402

Unclassified-Total096$ 270,000,000
  1. -State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)


Fund 8713 FY 2007 Org 0402

Unclassified-Total
096
$100,000,000

  1. -State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)


Fund 8714 FY 2007 Org 0402

Unclassified-Total
096$25,000,000

  1. -State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)


Fund 8715 FY 2007 Org 0402

Unclassified-Total
096$114,000,000

DEPARTMENT OF EDUCATION AND THE ARTS

  1. -Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)


Fund 8841 FY 2007 Org 0431

Unclassified-Total
096$325,000

  1. -Division of Culture and History

(WV Code Chapter 29)


Fund 8718 FY 2007 Org 0432

Unclassified-Total
096
$1,772,510

  1. -Library Commission

(WV Code Chapter 10)


Fund 8720 FY 2007 Org 0433

Unclassified-Total096$ 1,939,018
  1. -Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 8721 FY 2007 Org 0439

Unclassified-Total
096
$1,500,000

  1. -State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)


Fund 8734 FY 2007 Org 0932

Unclassified-Total096$ 50,467,000
DEPARTMENT OF ENVIRONMENTAL PROTECTION

  1. -Division of Environmental Protection

(WV Code Chapter 22)


Fund 8708 FY 2007 Org 0313

 Unclassified-Total096$ 108,362,697
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

  1. -Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 8723 FY 2007 Org 0506

Unclassified-Total096$ 7,314,114
  1. -Division of Health-

Central Office

(WV Code Chapter 16)

Fund 8802 FY 2007 Org 0506

Unclassified-Total096$ 86,036,046
  1. -Division of Health-

West Virginia Safe Drinking Water Treatment

(WV Code Chapter 16)

Fund 8824 FY 2007 Org 0506

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

(WV Code Chapter 16)

Fund 8851 FY 2007 Org 0507

Unclassified-Total096$ 200,000
  1. -Human Rights Commission

(WV Code Chapter 5)


Fund 8725 FY 2007 Org 0510

Unclassified-Total096$ 520,038
  1. -Division of Human Services

(WV Code Chapters 9, 48 and 49)


Fund 8722 FY 2007 Org 0511

Unclassified
099
$152,532,835

Medical Services
189
1,826,784,280

Medical Services Administrative Costs
789
33,155,033

Total
$
2,012,472,148

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

  1. -Office of the Secretary

(WV Code Chapter 5F)


Fund 8876 FY 2007 Org 0601

Unclassified-Total096$ 20,000,000
  1. -Adjutant General-State Militia

(WV Code Chapter 15)


Fund 8726 FY 2007 Org 0603

Unclassified-Total096$ 95,915,322
  1. -Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)


Fund 8727 FY 2007 Org 0606

Unclassified-Total
096$32,051,140

  1. -Division of Corrections

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

Fund 8836 FY 2007 Org 0608

Unclassified-Total
096
$650,000

  1. -West Virginia State Police

(WV Code Chapter 15)


Fund 8741 FY 2007 Org 0612

Unclassified-Total096$ 880,944
  1. -Division of Veterans' Affairs

(WV Code Chapter 9A)


Fund 8858 FY 2007 Org 0613

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

Veterans' Home

(WV Code Chapter 9A)


Fund 8728 FY 2007 Org 0618

Unclassified-Total096$ 1,766,228
  1. -Division of Criminal Justice Services

(WV Code Chapter 15)


Fund 8803 FY 2007 Org 0620

Unclassified-Total096$ 14,950,657
  1. -Division of Juvenile Services

(WV Code Chapter 49)


Fund 8855 FY 2007 Org 0621

Unclassified-Total096$ 600,000
DEPARTMENT OF REVENUE

  1. -Tax Division

(WV Code Chapter 11)


Fund 7069 FY 2007 Org 0702

Unclassified-Total096$ 25,000
  1. -Insurance Commissioner

(WV Code Chapter 33)


Fund 8883 FY 2007 Org 0704

Unclassified-Total096$ 650,000
DEPARTMENT OF TRANSPORTATION

  1. -Division of Motor Vehicles

(WV Code Chapter 17B)


Fund 8787 FY 2007 Org 0802

Unclassified-Total096$ 9,825,749
  1. -Division of Public Transit

(WV Code Chapter 17)

Fund 8745 FY 2007 Org 0805

Unclassified-Total096$ 16,365,341
  1. -Public Port Authority

(WV Code Chapter 17)

Fund 8830 FY 2007 Org 0806

Unclassified-Total096$ 100,000
BUREAU OF SENIOR SERVICES

  1. -Bureau of Senior Services

(WV Code Chapter 29)


Fund 8724 FY 2007 Org 0508

 Unclassified-Total096$ 14,562,936
MISCELLANEOUS BOARDS AND COMMISSIONS

  1. -Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)


Fund 8743 FY 2007 Org 0926

 Unclassified-Total096$ 1,538,245
  1. -Public Service Commission-

Gas Pipeline Division

(WV Code Chapter 24B)


Fund 8744 FY 2007 Org 0926

Unclassified-Total
096$
275,704


  1. -WV Statewide Addressing and Mapping Board

(WV Code Chapter 24E)

Fund 8868 FY 2007 Org 0940

Unclassified-Total096$
250,000

  1. -National Coal Heritage Area Authority

(WV Code Chapter 29)


Fund 8869 FY 2007 Org 0941

Unclassified-Total
096$
600,000


  1. -Coal Heritage Highway Authority

(WV Code Chapter 29)


Fund 8861 FY 2007 Org 0942

Unclassified-Total096$ 50,000
Total TITLE II, Section 6-Federal Funds
$3,116,165,442

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 2007.
  1. -Governor's Office-

Office of Economic Opportunity

Community Services


Fund 8799 FY 2007 Org 0100

Unclassified-Total096$ 9,507,444
  1. -West Virginia Development Office-

Community Development


Fund 8746 FY 2007 Org 0307

Unclassified-Total096$ 28,340,316
  1. -Governor's

Workforce Investment Office


Fund 8888 FY 2007 Org 0331

Unclassified-Total096$ 39,733,496
  1. -Division of Health-

Maternal and Child Health


Fund 8750 FY 2007 Org 0506

Unclassified-Total096$ 10,944,362
  1. -Division of Health-

Preventive Health


Fund 8753 FY 2007 Org 0506

Unclassified-Total096$ 2,244,387
  1. -Division of Health-

Substance Abuse Prevention and Treatment


Fund 8793 FY 2007 Org 0506

Unclassified-Total096$ 11,575,501
  1. -Division of Health-

Community Mental Health Services


Fund 8794 FY 2007 Org 0506

Unclassified-Total096$ 3,332,225
  1. -Division of Health-

Abstinence Education Program


Fund 8825 FY 2007 Org 0506

Unclassified-Total096$ 978,261
  1. -Division of Human Services-

Energy Assistance


Fund 8755 FY 2007 Org 0511

Unclassified-Total096$ 25,000,000
  1. -Division of Human Services-

Social Services


Fund 8757 FY 2007 Org 0511

Unclassified-Total096$ 15,340,326
  1. -Division of Human Services-

Temporary Assistance Needy Families

Fund 8816 FY 2007 Org 0511

Unclassified-Total096$ 130,313,343
  1. -Division of Human Services-

Child Care and Development

Fund 8817 FY 2007 Org 0511

Unclassified-Total096$ 40,023,926
  1. -Division of Criminal Justice Services-

Juvenile Accountability Incentive

Fund 8829 FY 2007 Org 0620

Unclassified-Total096$ 572,263
Total TITLE II, Section 7-Federal Block Grants
$
317,905,850

Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2007, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $1,257,511, special revenue funds in the amount of $621,896, and state road funds in the amount of $144,109 for payment of claims against the state.
Sec. 9. Appropriations from surplus accrued.-The following items are hereby appropriated from the state excess lottery revenue fund, and are to be available for expenditure during the fiscal year 2007 out of surplus funds only, as determined by the director of the lottery, accrued from the fiscal year ending the thirtieth day of June, 2006, 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 six.
In the event that surplus revenues available from the fiscal year ending the thirtieth day of June, two thousand six, 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.
  1. -Joint Expenses-

(WV Code Chapter 4)

Fund FY 2007 Org 2300

Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)642$20,000,000
  1. -Office of Technology-

(WV Code Chapter 5A)

Fund FY 2007 Org 0231

Network Monitoring $ 857,300
Unclassified
099
1,000,000

Total
$
1,857,300

  1. -West Virginia Development Office-

(WV Code Chapter 5B)

Fund FY 2007 Org 0307

Connectivity Research and Development$ 50,000
The above appropriation to Connectivity Research and Development shall be used by the West Virginia development office for the coordinated development of technical infrastructure in areas where expanded resources and technical infrastructure may be expected or required pursuant to the provisions of 5a-6-4 of the code.
Sec. 10. Special revenue appropriations.-There are hereby appropriated for expenditure during the fiscal year two thousand seven appropriations made by general law from special revenues which are not paid into the state fund as general revenue under the provisions of section two, article two, chapter twelve of the code: Provided, That none of the money so appropriated by this section shall be available for expenditure except in compliance with and in conformity to the provisions of articles two and three, chapter twelve and article two, chapter eleven-b of the code, unless the spending unit has filed with the director of the budget and the legislative auditor prior to the beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 11. State improvement fund appropriations.-Requests or donations of nonpublic funds, received by the governor on behalf of the state during the fiscal year two thousand seven, for the purpose of making studies and recommendations relative to improvements of the administration and management of spending units in the executive branch of state government, shall be deposited in the state treasury in a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the fiscal year two thousand seven 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 eleven-b of the code.
Where spending units or parts of spending units have been absorbed by or combined with other spending units, it is the intent of this act that appropriations and reappropriations shall be to the succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Constitutionality.-If any part of this act is declared unconstitutional by a court of competent jurisdiction, its decision shall not affect any portion of this act which remains, but the remaining portion shall be in full force and effect as if the portion declared unconstitutional had never been a part of the act.
On motion of Delegate Michael, the report of the Committee of Conference on Com. Sub. for S. B. 125 was adopted.
The bill, as amended by said report, was then put upon its passage.
Delegates Armstead, Browning, Ellem, Long, Schadler, Schoen, and Sumner requested to be excused from voting on the passage of Com. Sub. for S. B. 125 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
The Clerk announced that the follow pairs had been filed with him:
For: Cann
Against: Lane

For: Marshall
Against: Carmichael

For: Perdue
Against: Louisos

On the passage of the bill, the yeas and nays were taken (Roll No. 681), and there were--yeas 89, nays 3, paired 6 and absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Louisos, Overington and Walters.
Absent And Not Voting: Cann, Ferrell, Houston, Lane, Marshall and Perdue.
Paired: For: Cann
Against: Lane

For: Marshall
Against: Carmichael

For: Perdue
Against: Louisos

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 125) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 682), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Carmichael and Louisos.
Absent And Not Voting: Cann, Ferrell, Houston, Marshall and Perdue.
Paired: For: Cann
Against: Lane

For: Marshall
Against: Carmichael

For: Perdue
Against: Louisos

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 125) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
H. B. 4172, Authorizing the Department of Administration to promulgate legislative rules.
At the request of Delegate Staton, and by unanimous consent, permission was granted the Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but nor presented to him prior to adjournment of this session of the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of this session, and that communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Browning filed reports of the Joint Committee on Enrolled Bills as follows:
March 20, 2006

(Com. Sub. for H. B. 2118), Providing for reimbursement to the bail bondsman for the amount of a forfeited bond under certain circumstances,
(Com. Sub. for H. B. 4021), Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee,
(H. B. 4698), Changing the filing time for a subcontractor's lien,
(H. B. 4855), Making a supplementary appropriation to the department of education and the arts, department of environmental protection, department of health and human resources, etc.,
(H. B. 4856), Making a supplementary appropriation to the department of commerce - miners' health, safety and training fund,
(H. B. 4857), Making a supplementary appropriation to the department of administration - children's health insurance agency, to the department of commerce - division of natural resources, to the department of transportation - public port authority, etc.,
(H. B. 4858), Supplementary appropriation, secretary of state - state election fund,
(S. B. No. 245), Creating Consolidated Local Government Act,
(S. B. No. 773), Relating to certificate of need standards.
March 22, 2006

(H. B. 2016), Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two,
(H. B. 4007), Relating to updating appraisal standards employed by the Public Land Corporation,
(H. B. 4018), Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction,
(H. B. 4116), Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000,
(Com. Sub. for H. B. 4276), Updating the regulation of the practice of landscape architecture,
(H. B. 4279), Relating to the Massage Therapy Licensure Board,
(H. B. 4311), Continuing of the Department of Environmental Protection,
(Com. Sub. for H. B. 4313), Relating to petitions of appeal of domestic violence emergency protective orders,
(H. B. 4321), Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement,
(H. B. 4368), Relating to penalties imposed against licensed wine sellers for ABC violations,
(H. B. 4386), Ratifying the National Crime Prevention and Privacy Compact,
(H. B. 4392), Continuing of the West Virginia Conservation Agency,
(H. B. 4445), Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires,
(Com. Sub. for H. B. 4453), Clarifying the powers and duties of conservation officers as it relates to searches and seizures,
(Com. Sub. for H. B. 4489), Testing of electronic voting machines used for early voting in order to allow their use on election day,
(H. B. 4510), Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing,
(H. B. 4550), Clarifying current law requiring legislative approval of final designation of streams of special concern,
(Com. Sub. for H. B. 4569), Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body,
(Com. Sub. for H. B. 4596), Relating to the Director of the Office of Miners' Health, Safety and Training,
(H. B. 4606), Removing the requirement that complaints against licensees under the Real Estate Licensing Act be verified,
(H. B. 4721), Relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center,
And,
(H. B. 4842), Relating to the Skiing Responsibility Act.
March 23, 2006

(H. B. 2136), Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants,
(H. B. 2146), Relating to payment to magistrates who serve temporarily outside their elected counties,
(H. B. 2329), Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program,
(H. B. 2548), The Diabetes Care Plan Act,
(H. B. 2947), Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency,
(H. B. 3201), Relating to the compensation of secretary-clerks to family court judges,
(H. B. 4008), Relating to authorizing city and county housing authorities to merge to form a regional housing authority,
(H. B. 4075), Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund,
(H. B. 4120), Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association,
(H. B. 4172), Authorizing the Department of Administration to promulgate legislative rules,
(H. B. 4210), Authorizing the Department of Commerce to promulgate legislative rules,
(H. B. 4240), Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College,
(H. B. 4256), Providing a procedure for removal of county, district or municipal officers,
(H. B. 4383), Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner,
(H. B. 4437), Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights,
(H. B. 4454), Relating to wages withheld from an employee,
(H. B. 4458), Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases,
(H. B. 4470), Updating the definition of "medicare supplement policy",
(H. B. 4472), Including family court jurisdiction in all proceedings concerning grandparent visitation,
(H. B. 4479), Relating to Manufactured Housing Construction and Safety Standards,
(H. B. 4491), Establishing the third week of October as Disability History Week for the State of West Virginia,
(H. B. 4494), Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
(H. B. 4580), Creating the "special district excise tax administration fund" in the State Treasury,
(Com. Sub. for H. B. 4630), Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service,
(Com. Sub. for H. B. 4661), Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians,
(H. B. 4683), Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult,
And,
(H. B. 4774), Allowing the Secretary of State's Office to amend it rule to allow for the sale of the code of state rules.
March 24, 2006

(Com. Sub. for S. B. 125), Budget bill.
(S. B. No. 793), Making supplementary appropriation from State Fund, General Revenue, to various accounts,
(S. B. No. 794), Expiring funds to unappropriated surplus balance State Fund, General Revenue, to various accounts and making supplementary appropriation to various accounts,
And,
(S. B. No. 795), Making supplementary appropriation from State Fund, General Revenue, to Department of Military Affairs and Public Safety, Office of Emergency Services.
March 27, 2006

(Com. Sub. for H. B. 4444), Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands,
(H. B. 4622), Increasing coal bed methane permit fees,
(Com. Sub. for H. B. 4625), Extending certain authority to professional personnel designee of school principal,
(Com. Sub. for H. B. 4626), Including private schools, parochial schools, church schools, and other schools operated by a religious order in state student teaching programs,
(H. B. 4632), Relating to employing homeland security and emergency service personnel,
(H. B. 4654), Relating to the West Virginia Retiree Health Benefit Trust Fund,
(H. B. 4685), Arthritis Prevention Education Act,
(Com. Sub. for H. B. 4694), Relating to abuse and neglect of children,
(H. B. 4728), Increasing the membership of the Environmental Protection Advisory Council from seven to eight members,
(Com. Sub. for H. B. 4790), Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement,
(H. B. 4850), Expediting the sunrise application process.
(S. B. 217), Continuing Board of Osteopathy.
(S. B. 357), Authorizing Department of Revenue promulgate legislative rules.
(S. B. 439), Strengthening one-call system requirements for excavators' damage.
(S. B. 443), Continuing hazardous waste management fee.
(S. B. 480), Relating to time period for paying criminal proceedings costs.
(S. B. 503), Providing pay raise for State Police; temporary promotions.
(S. B. 516), Finding and declaring claims against state.
(S. B. 517), Requiring multidisciplinary treatment team for certain juveniles.
(S. B. 556), Relating to state parks and recreation system operational contracts.
(S. B. 566), Amending Crime Victims Compensation Act.
(S. B. 581), Amending definition of "person" relating to motor fuel excise tax.
(S. B. 603), Renaming day after Thanksgiving Day as Lincoln's Day.
(S. B.728), Requiring background checks on certain emergency dispatch center employees; wireless enhanced 911 fee money distribution.
(S. B. No. 767), Authorizing business registration certificate revocation of employer in default.
And,
(S. B. No. 772), Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission.
March 29, 2006

(Com. Sub. for H. B. 2235), Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks,
(Com. Sub. for H. B. 2328), Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
(Com. Sub. for H. B. 2638), Increasing the amount of allowable equity investments in municipal police and fire pension plans,
(Com. Sub. for H. B. 3119), Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting,
(Com. Sub. for H. B. 3213), Creating the offenses of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance,
(Com. Sub. for H. B. 4015), Relating to funding of the Revenue Shortfall Reserve Fund,

(Com. Sub. for H. B. 4023), Raising the minimum wage in accordance with legislation now pending before Congress,
(Com. Sub. for H. B. 4030), Relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police,
(Com. Sub. for H. B. 4031), Relating to the Purchasing Division of the Department of Administration,
(Com. Sub. for H. B. 4032), Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due,
(Com. Sub. for H. B. 4036), Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties,
(H. B. No. 4048), Placing limitations on the use of eminent domain,

(Com. Sub. for H. B. 4049), Relating to state funded student financial aid,
(Com. Sub. for H. B. 4100), Providing a salary increase for elected county officials,

(Com. Sub. for H. B. 4108), Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally,
(H. B. 4112), Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body,
(Com. Sub. for H. B. 4119), Creating the ATV Responsibility Act,
(Com. Sub. for H. B. 4172), Authorizing the Department of Administration to promulgate legislative rules,
(Com. Sub. for H. B. 4192), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
(H. B. 4295), Establishing a bird dog training permit,

(Com. Sub. for H. B. 4296), Providing employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer,
(H. B. 4307), Extending the weekend driving privileges of antique motor vehicles and motorcycles,
(H. B. 4312), Increasing the compensation of child support enforcement attorneys,

(Com. Sub. for H. B. 4353), Requiring law enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the commissioner of the department of motor vehicles,
(H. B. 4355), Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the juvenile resides with the petitioner,
(Com. Sub. for H. B. 4379), Relating to insurance coverage for mammograms, pap smears and human papillmovavirus,
(H. B. 4406), Removing the requirement to evaluate certain classroom teachers at least every three years,
(Com. Sub. for H. B. 4456), Removing limitations on beaver trapping,
(Com. Sub. for H. B. 4481), Establishing a permissive provision for using ballot-scanning devices for election night tabulations,
(H. B. 4484), Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body,
(Com. Sub. for H. B. 4488), Creating a commission to complete a comprehensive study of the state's behavioral health system,
(Com. Sub. for H. B. 4498), Relating to fees for licensing of money service businesses,
(Com. Sub. for H. B. 4513), Transferring authority to the Insurance Commissioner regarding employers in default to old workers' compensation fund,
(Com. Sub. for H. B. 4536), Improving competition among telephone public utilities providing landline services,
(Com. Sub. for H. B. 4565), Establishing section of vital statistics in Bureau for Public Health,

(Com. Sub. for H. B. 4588), Creating a crime for concealing a human body of a victim of a murder, voluntary manslaughter or involuntary manslaughter and prescribing penalties therefor
(H. B. 4598), Eliminating the requirement for combined oil and gas returns for purposes of property taxes, and to further define the information that may be released,
(Com. Sub. for H. B. 4601), Increasing the amount transferred to the Special Operating Fund in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount to pay for public utility litigation expenses,
(H. B. 4651), Relating to continuing the statewide poison center generally,

(H. B. 4679), Relating to qualified charitable gift annuities,

(H. B. 4792), Authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company,
(H. B. 4846), Providing one-time supplements to certain annuitants,
And,
(H. B. 4847), Relating to group limited health benefits insurance plans.

March 30, 2006

(Com. Sub. for H. B. 3119), Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting,
(H. B. 3295), Increasing certain fees charged to collect delinquent taxes,
(Com. Sub. for H. B. 4004), Relating to the use of a traffic law photo-monitoring device to detect traffic law violations,
(Com. Sub. for H. B. 4135), Authorizing the Department of Environmental Protection to promulgate legislative rules,
(Com. Sub. for H. B. 4272), Clarifying the language regarding requirements for a Class BG stamp,
(H. B. 4283), Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process,
(Com. Sub. for H. B. 4431), Allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents recorded in the office of clerk of the county commission,
(Com. Sub. for H. B. 4486), Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses,
(H. B. 4487), Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee,
(Com. Sub. for H. B. 4490), Relating generally to the regulation of selling new or used vehicles,
(H. B. 4595), Authorizing the Board of Treasury Investments to retain, rather than require it to retain, one employee with a chartered financial analyst designation,
(H. B. 4611), Providing immunity from civil liability for death or injury to any person or damage to any property caused by a duly qualified mine rescue team,
(Com. Sub. for H. B. 4690), Making West Virginia University Institute of Technology a division of West Virginia University,
(H. B. 4849), Relating to the West Virginia Sunset Law,
And,

(H. B. 4854), Expert opinions of licensed psychologists in the treatment and evaluation. of children and taking testimony of child witnesses.
March 30, 2006

(Com. Sub. for S. B. 47), Prohibiting local ordinances from discriminating against factory-built housing,
(Com. Sub. for S. B. 107), Relating to venue for certain suits against state,
(Com. Sub. for S. B. 174), Relating to State Police Death, Disability and Retirement Fund benefits,
(S. B. 211), Continuing Board of Professional Surveyors,
(S. B. 212), Continuing Board of Dental Examiners,
(S. B. 223), Relating to examination of insurance and health care entities,
(Com. Sub. for S. B. 350), Authorizing Department of Health and Human Resources promulgate legislative rules,
(Com. Sub. for S. B. 467), Amending group life insurance requirements,
(S. B. 484), Utilizing community corrections programs in pretrial supervision,
(Com. Sub. for S. B. 490), Providing gasoline excise tax exemption for certain county aging programs,
(Com. Sub. for S. B. 492), Providing indemnity agreements in motor carrier transportation contracts void,
(S. B. 497), Repealing requirement nonresidents post security for court costs,
(Com. Sub. for S. B. 554), Clarifying use of Forensic Medical Examination Fund for certain nurses' training,
(S. B. 609), Relating to time period for filing senior citizens' property tax credit claim,
(S. B. 626), Requiring annual personal income tax withholding reconciliations,
(S. B. 636), Relating to Court Security Fund's administrative costs,
(S. B. 680), Relating to Unified Carrier Registration System,
(S. B. 760), Allowing former WVU School of Mines' Director serve on Mine Inspectors' Examining Board,
And,
(S. B. 790), Relating to workers' compensation decision appeals.
March 31, 2006

(S. B. 112), Establishing Alzheimer's Disease Registry,
(Com. Sub. for S. B. 127), Relating to regional education service agencies,
(S. B. 166), Restructuring Parole Board,
(Com. Sub. for S. B. 173), Relating to public employees preretirement death benefits, (Com. Sub. for S. B. 219), Changing expiration date of graduated driver's licenses; prohibiting cell phone use by certain minors,
(S. B. 362), Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board,
(S. B. 419), Providing Public Service Commission jurisdiction for certain alternative sewer service methods,
(S. B. 438), Regulating title insurance rates,
(S. B. 461), Clarifying water supply replacement requirements for surface mine operators,
(S. B. 483), Providing confidentiality of circuit court records involving guardianship of minors,
(S. B. 538), Relating to state employees' deferred compensation plan,
(S. B. 557), Removing requirement for Shady Spring Turnpike interchange construction,
(S. B. 578), Allowing Public Service Commission to order takeover of certain utilities,
(S. B. 605), Relating to personal property tax receipt as prerequisite proof for vehicle registration,
(S. B. 632), Relating to disclosure of electioneering communications,
(S. B. 693), Removing certain Court of Claims' review procedures,
(S. B. 759), Creating Highway Design-Build Procurement Act,
And,
(S. B. 788), Relating to elections.
April 3, 2006

(Com. Sub. for S. B. 11), Adding circuit court judge to twenty-third judicial circuit,
(Com. Sub. for S. B. 18), Granting tuition waivers to children and spouses of parole and probation officers killed in line of duty,
(S. B. No. 32), Relating to educational opportunities for children of military personnel,
(Com. Sub. for S. B. 53), Changing ratio of school nurses to enrollment,
(S. B. No. 370), Creating personal property tax exemption for certain property used exclusively in agriculture,
(Com. Sub. for S. B. 468), Amending group accident and sickness insurance requirements,
(S. B. 496), Allowing out-of-state transport of legally obtained game,
(Com. Sub. for S. B. 511), Relating to municipal policemen's and firemen's pension funds,
(S. B. 558), Providing salary adjustments for certain appointive state officers,
(S. B. 587), Relating to increment pay for certain higher education faculty,
(S. B. No. 598), Relating to Teachers Retirement System's qualified plan status,
(Com. Sub. for S. B. 644), Authorizing motor vehicle insurance verification program,
(Com. Sub. for S. B.653), Relating to duties of Chief Technology Officer; establishing Technology Infrastructure Fund,
(S. B. 709), Relating to planning commission membership,
(S. B. 722), Providing statute of limitations for certain sales by trustee,
(Com. Sub. for S. B. 742), Revising Uniform Commercial Code,
(Com. Sub. for S. B. 754), Clarifying risk categories covered by farmers' mutual insurance companies,
(Com. Sub. for S. B. 755), Relating to Physicians' Mutual Insurance Company,
(S. B. 774), Organizing offices in Department of Environmental Protection,
(S. B. 778), Relating to State Conservation Committee and conservation districts,

(S. B. 781), Relating to long-term leases for wireless communication towers on public lands,
(S. B. 783), Relating to National Board for Professional Teaching Standards certification,
(S. B. 785), Relating to school physical education requirements,
(S. B. 787), Creating Transportation Coordinating Council,
(S. B. 791), Clarifying offenses and penalties relating to ephedrine, pseudoephedrine and phenylpropanolamine,
And,
(S. B. 792), Merging Fairmont State Community and Technical College with Fairmont State University; renaming Community and Technical College of Shepherd.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of the Second Regular Session of the Seventy-seventh Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the follows:
Delegates Trump, Susman and Butcher.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Trump, Susman and Butcher.
Messages From the Senate

A message from the Senate, by
Senators Jenkins, Dempsey and Harrison, announced that the Senate had completed the business of this Second Regular Session and was ready to adjourn sine die.
Delegate Trump, from the committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.
Delegate Trump, from the committee to inform His Excellency, the Governor, that the Legislature had completed the business of this Second Regular Session and was ready to adjourn sine die, announced the performance of that duty.
Messages from the Executive

Subsequent to the adjournment of the session, communications were received from His Excellency, the Governor, advising that on March 22, 2006, he approved S. B. 13, Com. Sub. for S. B. 51, Com. Sub. for S. B. 170, S. B. 213, S. B. 214, S. B. 215, S. B. 218, S. B. 242, Com. Sub. for S. B. 243, S. B. 271, Com. Sub. for S. B. 364, S. B. 371, Com. Sub. for S. B. 396, S. B. 462, S. B. 463, and S. B. 630; and on March 23, 2006, he approved S. B. 269, Com. Sub. for S. B. 473, S. B. 479, Com. Sub. for S. B. 489, Com. Sub. for S. B. 521, S. B. 529, S. B. 530, Com. Sub. for S. B. 576, S. B. 482, S. B. 631, S. B. 635, S. B. 673, S. B. 481, Com. Sub. for S. B. 509, S. B. 551, S. B. 591, S. B. 619, H. B. 4855, H. B. 4856, H. B. 4857 and H. B. 4858; on March 28, 2006, he approved Com. Sub. for H. B. 2118, H. B. 2136, Com. Sub. for H. B. 2146, H. B. 2329, H. B. 4116, H. B. 4510, H. B. 4550, H. B. 4569, Com. Sub. for H. B. 4596, Com. Sub. for 4630, H. B. 4698, H. B. 4721, H. B. 4842; on March 29, 2006, he approved H. B. 4007, Com. Sub. for H. B. 4008,H. B. 4018, H. B. 4112, Com. Sub, for H. B. 4119, Com. Sub. for H. B. 4379, H. B. 4470, Com. Sub. for H. B. 4489, Com. Sub. for H. B. 4491, Com. Sub. for S. B. 692 and S. B. 786; on March 30, 2006, he approved Com. Sub. for H. B. 3119, H. B. 4007, H. B. 4018, Com. Sub. for H. B. 4119, and H. B. 4685;on March 31, 2006, he approved H. B. 2016, Com. Sub. for H. B. 2235, Com. Sub. for H. B. 2328, Com. Sub. for H. B. 2638, Com. Sub. for H. B. 2947, Com. Sub. for H. B. 3201, Com. Sub. for H. B. 3213, H. B. 3295, Com. Sub. for H. B. 4004, Com. Sub. for H. B. 4015, Com. Sub. for H. B. 4030, Com. Sub. for H. B. 4032, Com. Sub. for H. B. 4036, Com. Sub. for H. B. 4049, H. B. 4075, Com. Sub. for H. B. 4108, H. B. 4283, Com. Sub. for H. B. 4296, Com. Sub. for H. B. 4453, Com. Sub. for H. B. 4513, Com. Sub. for H. B. 4625, Com. Sub. for H. B. 4626, H. B. 4679, Com. Sub. for H. B. 4588, H. B. 4654, Com. Sub. for S. B. 174, S. B. 211, S. B. 212, S. B. 217, Com. Sub. for S. B. 219, S. B. 223, S. B. 438, S. B. 516, S. B. 538, Com. Sub. for S. B. 554, S. B. 605, S. B. 609, S. B. 680, S. B. 693, S. B. 759, S. B. 772, Com. Sub. for S. B. 767 and S. B. 788; on April 3, 2006, he approved Com. Sub. for H. B. 2548, Com. Sub. for H. B. 4021, Com. Sub. for H. B. 4456, H. B. 4458, H. B. 4472, H. B. 4479, H. B. 4484, H. B. 4487, Com. Sub. for H. B. 4488,Com. Sub. for H. B. 4490, H. B. 4494, Com. Sub. for H. B. 4498, Com. Sub. for H. B. 4536, Com. Sub. for H. B. 4565, H. B. 4580, H. B. 4595, H. B. 4598, Com. Sub. for H. B. 4601, H. B. 4611, H. B. 4622, H. B. 4632, H. B. 4651, Com. Sub. for H. B. 4661, H. B. 4683, H. B. 4774, Com. Sub. for H. B. 4790, H. B. 4792, H. B. 4847, H. B. 4849, H. B. 4850, H. B. 4854, Com. Sub. for S. B. 11, S. B. 32, Com. Sub. for S. B. 53, S. B. 112, Com. Sub. for S. B. 183, Com. Sub. for S. B. 468, S. B. 496, S. B. 581, S. B. 598, Com. Sub. for S. B. 626, Com. Sub. for S. B. 653, S. B. 722, Com. Sub. for S. B. 755, S. B. 792; on April 4, 2006, he approved Com. Sub. for H. B. 4120, Com. Sub. for H. B. 4135, Com. Sub. for H. B. 4172, Com. Sub. for H. B. 4192, Com. Sub. for H. B. 4210, Com. Sub. for H. B. 4240, Com. Sub. for H. B. 4272, Com. Sub. for H. B. 4276, H. B. 4279, H. B. 4295, H. B. 4307, H. B. 4311, H. B. 4312,Com. Sub. for H. B. 4313, H. B. 4321, H. B. 4355, H. B. 4368, H. B. 4383, H. B. 4386, H. B. 4392, Com. Sub. for H. B. 4431, Com. Sub. for H. B. 4444, H. B. 4445, Com. Sub. for H. B. 4454, Com. Sub. for H. B. 4690, Com. Sub. for H. B. 4481 and Com. Sub. for S. B. 742; on April 5, 2006, he approved H. B. 4437, Com. Sub. for H. B. 4486, H. B. 4606, H. B. 4846, S. B. 497, S. B. 503, S. B. 566, S. B. 587, Com. Sub. for S. B. 603, S. B. 632, S. B. 709, Com. Sub. for S. B. 728, S. B. 778 and S. B. 781.
Action of His Excellency, the Governor, on Com. Sub. for S. B. 125, is indicated in a communication, addressed to the Secretary of State, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305

March 24, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby return Enrolled Committee Substitute for Senate Bill No. 125 approved with the following objections:
My first objection to the bill is contained in the language found in TITLE I--GENERAL PROVISIONS. Sec. 3. Classification of appropriations, pages 5 through 7, lines 76 through 180, which states:
"In vesting the power of the purse with the Legislature, the founding fathers recognized the inherent political nature of budgeting and established the Legislature to function as a crucible for the venting and vetting of political tensions and ideas, the improvement of good ideas and the imperilment of bad ones. By design, each of the 134 legislators functions as a check and balance, if not contributor to, the policies and appropriations under his or her consideration. Also unique to the legislative branch is its division into committees, parties and caucuses and designation of individuals as minority and majority leaders and whips, each facilitating consideration of important and political ideas; its two houses, extensive rules, procedural requirements, committee structure and the executive veto, reduction and deletion powers, all designed to ensure prudence and ensnare imprudent proposals; the two-year election cycle of the House, staggered terms of the Senate and the size and geographical nature of legislative districts, each contributing to the superior representative nature of this branch of government; and its function as a check and balance on the executive, each of which contributes to the Legislature's unique ability to process these inherently political decisions. Unchecked and unlimited executive authority to modify the state budget through transfers to undesignated budget activities would not lend to minimizing waste, reducing spending and balancing the maintenance of taxes against the derived benefit and would circumvent the fundamental constitutional design embodied in the doctrine of the separation of powers, the budget process itself and the protections provided within the Legislature's architecture. Even more fundamentally, such approach would serve to erode the very delegation of democracy.
While bureaucrats possess extensive knowledge of their programs and populations, they are not qualified to determine the highest uses of the people's resources. Their views of the state are appropriately centric to their specific programs and roles, and their universes are appropriately small and contained. Bureaucrats tend to approach these decisions with a bias toward spending and enhancing their own programs and comforts. Bureaucrats are not accountable to the voters and do not make decisions within a forum designed for challenge, debate, consensus and regional representation. For these and other reasons the Governor's proposed method for rededicating moneys saved due to efficiencies is hereby declined.
However, it continues to be the expectation of the Legislature that West Virginia's Governor and public managers will do everything in their power to improve the efficiency and effectiveness of state government. While providing the best possible value back to the citizens of the state should be the primary motive of every public official and employee, the Legislature hereby declares that in its formulation of the Fiscal Year 2008 budget and supplemental amendments to this 2007 budget, it will duly consider spending unit recommendations for alternate usage of efficiency savings when a spending unit can document an efficiency savings to one or more General Revenue line items and justify its recommendation for an alternative use. The Legislative Auditor shall prescribe forms and procedures for spending units to recommend alternate uses, receive and disseminate these requests and otherwise administer these provisions. The purpose of making government more efficient is not merely to provide more resources to be spent on other initiatives. In making these recommendations for alternate usage of efficiency savings, public officials and employees shall be sensitive to the tax burden shouldered by West Virginia citizens and businesses and the many unmet needs affecting their health, safety and welfare. While the Legislature may be predisposed to granting a spending unit's recommendation, its consideration of the need for tax relief and the merit of other possible uses of these resources is absolutely indispensable and nondelegable.
In further exercise of its responsibilities, the Legislature includes in this budget certain appropriations in line items which more specifically describe the purposes for which the appropriations are made than are described in the more general line items proposed by the executive. In the event these more specific items or parts thereof are disapproved, the funds appropriated for those purposes may not be expended for any other purposes than those which were disapproved, except for such purposes as may be provided by enactment of a supplementary appropriation bill. The Constitution vests the power of the purse, the power to appropriate public funds, solely in the legislative branch of this state's government. The inclusion of more specific line items in an appropriations bill is a means by which the Legislature effectively decreases items of appropriation proposed by the executive for other purposes. The exercise of the power of the executive to disapprove specific items or parts thereof of appropriations bills cannot operate to increase appropriations of the money contained in those items for other purposes, a result which the executive may not achieve by either direct or indirect means under the Constitution of this state. The expenditure of funds for purposes other than those contained in a line item disapproved by the Governor would be an unconstitutional appropriation of public funds and a usurpation of the power of appropriation reserved exclusively to the legislative branch. It is the intent of the Legislature to resist any encroachment of the power to appropriate devolved upon and entrusted to the legislative branch by the citizens of this state through their Constitution."
I recognize and am certainly cognizant of the Legislature's integral role in the budgeting process in West Virginia, as well as the important structure and ability of the Legislature to make policy and fiscal decisions of this state. Additionally, the Legislature's dedication to fiscal discipline and its sensitivity of the tax burden shouldered by the citizens of West Virginia must be applauded. I must object, however, to the above-mentioned portion of the budget bill. This section improperly minimizes and unduly limits the role of the executive branch in formulating the State of West Virginia's budget. Each department and agency, through budget hearings and in the expertise that each possess in implementing the mandates established by the Legislature, provide invaluable insight to the budgeting process that cannot be minimized or ignored. Moreover, the Constitution grants the Governor significant powers in providing vetoes for items or parts of items of the budget. Because of the above-mentioned passage could also be interpreted to limit the Governor's constitutional authority to veto items in the budget, the language cannot stand. Therefore, I am deleting the entire paragraphs contained in lines 76 through 180.
My second objection to the bill is contained in the language found in Item No. 92, pages 73 through 75, lines 44 through 52, which states:
"From the above appropriation, $125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $25,000 is for Little Kanawha River Parkway; $50,000 is for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $125,000 is for Corridor H Authority; and $200,000 is for repairs to Pennco Road."
Pennco Road is a private road and not part of the state highway system. Directing the use of State Road Fund moneys for repairs to a nonstate road would be a violation of the constitutional use of the State Road Fund. Therefore, I am deleting the phrase contained in line 52 "; and $200,000 is for repairs to Pennco Road".
My third objection to the bill is contained in the language found in Item No. 113, page 81, lines 16 through 18, which states:
"From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit expenditures in excess of the funds authorized for expenditure herein."
This language violates the statutory authority afforded the Governor in the very statue it refers to since statutory law can neither be created or amended by or through the budget bill. Therefore, I am deleting the entire sentence contained in lines 16 through 18.
For the reasons stated herein, I have approved, with objections, Enrolled Committee Substitute for Senate Bill No. 125.
Sincerely,
Joe Manchin III,
Governor.
 Subsequent to the adjournment of session, the following communications were received from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 4, 2006

Veto Message
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 4256.
Under current law, the removal process for elected and appointive county and municipal officers is set forth in a single statutory provision, West Virginia Code §6-6-7. Enrolled Committee Substitute for House Bill No. 4256 separates appointive officers from this existing removal statute and creates a new section, West Virginia Code §6-6-7a, setting forth new removal procedures for such appointive officers.
Under this new section, the governing body or officer seeking to remove an appointed member must give written notice via certified mail of the intent to remove the member. In turn, a member receiving a notice of intent to remove may thereafter respond and request a hearing to prevent the removal. However, there is conflicting language in the bill regarding the time period for responding to the notice of intent to remove. Subdivision (2), subsection (b) of section seven-a provides that "[t]he response must be received by the governing body or officer within twenty days of the member's receipt of the notice of intent to remove ." Conversely, subdivision (6) requires the governing body to remove the member if he or she "does not respond to the notice in writing within ten days of receipt of the notice of intent to remove[.]"
These conflicting provisions could result in situations where the local governing body is statutorily required to remove the appointee before he or she has been afforded the opportunity to respond with the twenty-day time period, in violation of the procedural due process guarantees of W. Va. Const., art. III, § 10.
For this reason, I must veto this legislation.
With warmest regards,
Joe Manchin III
Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 4, 2006

Veto Message
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 4728.
Enrolled House Bill No. 4728 amends and reenacts West Virginia Code §22-1-9 by adding one additional member to the Environmental Protection Advisory Council, thereby increasing the Council to eight (8) voting members. Under existing law, each appointed member of the Council serves for a term of four years. Unfortunately, in amending §22-1-9 to increase the membership, the Bill also added the following language: "The new member of the council shall be appointed for a term ending on the thirtieth day of June, two thousand ten." Although apparently intended to apply only to the new position created by this Bill, this language is not expressly limited to this new member. Thus, as vacancies arise over the next few years and other members are appointed, this language would conflict with the existing language prescribing a four-year term.
For this reason, I must veto this legislation.With warmest regards,
Joe Manchin III
Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 4, 2006

Veto Message
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 760.
Enrolled Senate Bill No. 760 amends West Virginia Code §22A-9-1 to allow the "public representative" position on the Mine Inspectors' Examining Board currently reserved for the director of the School of Mines at West Virginia University to also be filled by a former director of the school. To accommodate this change, the bill also amends §22A-9-1 to require that, like the other four members of the board, the Governor appoint the person to fill the position. However, the bill fails to set the length of the director of former director's term. In addition, the bill continues to refer to the position as that of the "public representative," even though it would no longer be filled strictly on the basis of a person holding a specific office at the time of appointment.
Needless to say, all West Virginians support the Mine Inspectors' Examining Board, the School of Mines at WVU and all of their efforts to ensure that West Virginia has the safest mines in America. In addition, I fully support efforts to expand the pool of diverse and talented individuals from which our statutorily created boards may select their members, However, the lack of a clearly stated term for the "public representative" position could actually work to preclude the infusion of such individuals into the position. Furthermore, any confusion as to whether the "public representative" position is a public position or a non-public positioncould distract the Board from its important work.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III
Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 4, 2006

Veto Message
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 787.
Enrolled Senate Bill No. 787 would create the Transportation Coordinating Council within the Department of Transportation to study issues relating to the efficient use of transportation resources, including: (1) The coordination of transportation services; (2) the elimination of waste and overlap caused by duplicated agency efforts; and (3) the elimination of service gaps to enhance access to transportation. Additionally, the Council is charged with coordinating its efforts with the federal government, applying for grants under the federal United We Ride initiative and developing a statewide transportation plan.
Thankfully, this Council already exists, having been created by Executive Order No. 5-04 to perform these very tasks. Although the codification of this Order may be appropriate in the future, it appears premature at this time. The existing Council is less than two years into its work and has already committed a significant amount of effort and financial investment toward eliminating barriers to transportation coordination, which is reflected in the "West Virginia Coordination Study, Final Report and Action Plan" recently submitted to my office and the Legislature. Because Enrolled Senate Bill No. 787 would duplicate this effort and investment, I reluctantly veto this bill.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,

Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 5, 2006

Veto Message
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 4353.
Enrolled House Bill No. 4353 amends West Virginia Code §17C-5-2 to increase certain criminal penalties for driving under the influence when there is a minor passenger in the vehicle. I applaud the Legislature's effort to make West Virginia's roads and highways safer by imposing stiffer penalties on persons that would violate this law.
Unfortunately, the Bill's amendments to another statutory provision, West Virginia Code §17C-5a-1, carry with them certain unintended consequences that preclude me from approving this Bill. The amendments to West Virginia Code §17C-5A-1 modify the procedure by which license revocation proceedings are initiated before the Division of Motor Vehicles ("DMV"). Currently, a law enforcement officer arresting a person for driving under the influence is required to provide a report to the DMV within forty-eight hours of such arrest. The Bill amends this procedure by requiring the officer to have "a valid criminal complaint, signed by a magistrate or municipal judge, with a determination of probable cause, before reporting said offense" to the DMV.
My concern with this amendment centers on whether the new language would cover those situations where a prosecuting attorney decides to seek an indictment before the grand jury, thereby eliminating the involvement of magistrates contemplated by the Bill. Under the express provisions of the Bill, a revocation proceeding may be triggered only by the issuance of a criminal complaint "signed by a magistrate or municipal judge [.]" However, the Bill is silent as to how revocation proceedings are initiated when offenders are indicted by the grand jury, rather than charged in magistrate or municipal court. Considering that prosecutors often seek an indictment in the most serious of felony cases, I am reluctant to approve this Bill.
For this reason, I must veto this legislation.
With warmest regards,
Joe Manchin III
Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 5, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
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. 107.
Enrolled Committee Substitute for Senate Bill No. 107 amends the exclusive venue provision of W. Va. Code §14-2-2, which currently provides that any suit in which the Governor, any other state officer or other state agency is made a party defendant shall be brought in the Circuit Court of Kanawha County. The "manifest purpose" of exclusive venue statutes such as W. Va. Code §14-2-2 "is to prevent the great inconvenience and possible public detriment that would attend if functionaries of the state government should be required to defend official conduct and [the] state's property interests in sections of the [state] remove from the capital." Davis v. West Virginia Bridge Comm'n, 166 S.E. 819, 821 (1932).
In large part, this bill seeks to codify Syllabus Point 3 of Pittsburgh Elevator Co. v. West Virginia Bd. of Regents, 310 S.E.2d 675 (1983), in which the Supreme Court of Appeals recognized the following exception to the exclusive venue provision:
The exclusive venue provision of W. Va. Code §14-2-2 is not applicable to a cause of action wherein recovery is sought against the liability insurance coverage of a state agency.

As the Court observed, "Where a cause of action is, in essence, a suit against a state agency's insurance carrier, the justification for applying the exclusive venue provisions of W. Va. Code §14-2- 2 evaporates." Pittsburgh Elevator, 310 S.E.2d at 689. This exception to the exclusive venue provision has governed proceedings throughout the courts of West Virginia for over twenty years; thus, the mere codification of this long-standing principle would cause me little concern.
Unfortunately, Enrolled Committee Substitute for Senate Bill No. 107 amends W. Va. Code §14-2-2 in a manner that could significantly expand the parameters of the exception recognized in Pittsburgh Elevator. Specifically, the bill offers the following amendment to the provisions of W. Va. Code §14-2-2:
Any civil action in which the Governor, any other state officer or a state agency is made a party defendant and recovery is being sought only to the extent of the applicable state liability insurance coverage, may be brought in or transferred to the circuit court of the county wherein the cause of action arose along with any related claims arising out of the same transaction or occurrence. The parties may agree that such an action can be adjudicated in the circuit court of Kanawha County.

The underscored language would not merely codify binding Supreme Court of Appeals precedent; rather, it would expand the exception recognized in Pittsburgh Elevator to include claims that do not seek recovery against the state's insurance coverage as long as they arose out of the same underlying transaction or occurrence. Thus, if this bill were to become law, civil actions seeking injunctive and other equitable relief could also be exempt from the exclusive venue statute. As a result, civil actions primarily designed to challenge the constitutionality of official state conduct or to enjoin certain state action could avoid the mandates of W. Va. Code §14-2-2 merely by tacking on a claim for damages against the state's insurance coverage. This further narrowing of W. Va. Code §14-2-2 was not contemplated by the Supreme Court of Appeals in Pittsburgh Elevator and would render the exclusive venue provision meaningless in many cases.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,

Governor
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston 25305
April 5, 2006

The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, West Virginia
Dear Secretary Ireland:
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. 490.
Enrolled Committee Substitute for Senate Bill No. 490 provides an exemption from the flat rate and the variable component of the Motor Fuel Excise Tax for fuel purchased by certain county aging programs. Needless to say, I am committed to providing our senior citizens with the best available care and services, a commitment evidenced by the recent budget allocation of an additional $2 million for in-home services for seniors. My proposed budget for Fiscal Year 2007 increased the budget of the Bureau of Senior Services from $38.6 million to $41.5 million that, when coupled with additional appropriations by the Legislature, results in an increase of 8.8 percent over the previous year's budget.
Additionally, it should be noted that for nonemergency medical transportation of Medicaid- eligible seniors, providers are entitled to receive a $9 loading fee and charge 66¢ per mile for trips greater than 15 miles. Similarly, under Title III-B of the Older Americans Act, nonprofit senior centers are entitled to be reimbursed for actual costs incurred in providing transportation services. Moreover, many county aging programs utilize county-owned vehicles, which are already exempt from state taxes on fuel.
As the foregoing demonstrates, the State of West Virginia and the federal government currently allocate resources to nonprofit senior centers to offset the very costs that this bill is designed to alleviate. Indeed, these resources are being allocated within the context of continuously demanding budgetary constraints. As a result, the inclusion of county aging programs among those governmental agencies exempt from the fuel tax would be inappropriate at this time.
For these reasons, I must veto this legislation.
With warmest regards,
Joe Manchin III,
Governor.
There being no further business to come before the House, at 12:46 p.m., on motion of Delegate Staton, the House of Delegates adjourned sine die.