__________*__________
Sunday, March 16, 2008
SIXTY-EIGHTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 2:00 p.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, March 15, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
The Speaker laid before the House of Delegates communications from His Excellency, the
Governor, setting forth his disapproval of bills heretofore passed by both houses, as follows:
State of West Virginia
Joe Manchin III
Governor
March 14, 2008
Veto Message
The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West
Virginia, I hereby disapprove and veto Enrolled House Bill No. 4016.
Enrolled House Bill No. 4016 modifies the meaning of "federal adjusted gross income" and
certain other terms used in West Virginia Personal Income Tax Act and specifies the effective dates
of such modifications. In February of this year, the Congress of the United States passed the
Economic Stimulus Package of 2008, which in turn necessitated additional amendments to the
original version of House Bill No. 4016. Unfortunately, the additional amendments to this bill need
further revision in order to maintain consistency with federal law.
Obviously, I support the intent of Enrolled House Bill No. 4016, and I would encourage the
Legislature to promptly consider this measure again in the near future.
Very truly yours,
Joe Manchin III
Governor.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate DeLong, Enrolled House Bill 4016 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page two, section nine, line eleven, by striking out the words "first day of January" and
inserting in lieu thereof the words "fourteenth day of February".
And,
On page two, section nine, line thirty-seven, by striking out the words "fourteenth day of
February, two thousand eight" and inserting in lieu thereof the words "first day of January, two
thousand nine".
The Speaker propounded, "Shall the bill pass, as amended, in an effort to meet the objections
of the Governor?"
On this question, the yeas and nays were taken (Roll No. 533), and there were--yeas 95, nays
none, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs,
Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick,
Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler,
Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C.
Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino,
D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott,
Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 4016) passed, as a result of the objections of
the Governor.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 534), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4016) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
State of West Virginia
Joe Manchin III
Governor
March 14, 2008
Veto Message
The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West
Virginia, I hereby disapprove and veto Enrolled House Bill No. 4017.
Enrolled House Bill No. 4017 modifies the meaning of "federal adjusted gross income" and
certain other terms used in West Virginia Corporation Net Income Tax Act and specifies the
effective dates of such modifications. In February of this year, the Congress of the United States
passed the Economic Stimulus Package of 2008, which in turn necessitated additional amendments
to the original version of House Bill No. 4017. Unfortunately, the additional amendments to this bill
need further revision in order to maintain consistency with federal law.
Obviously, I support the intent of Enrolled House Bill No. 4017, and I would encourage the
Legislature to promptly consider this measure again in the near future.
Very truly yours,
Joe Manchin III
Governor.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate DeLong, Enrolled House Bill 4017 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page two, section three, line eleven, by striking out the words "first day of January" and
inserting in lieu thereof the words "fourteenth day of February".
And,
On page three, section three, line thirty-six, by striking out the words "fourteenth day of
February, two thousand eight" and inserting in lieu thereof the words "first day of January, two
thousand nine".
The Speaker propounded, "Shall the bill pass, as amended, in an effort to meet the objections
of the Governor?"
On this question, the yeas and nays were taken (Roll No. 535), and there were--yeas 95, nays
none, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs,
Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick,
Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler,
Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C.
Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino,
D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott,
Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 4017) passed, as a result of the objections of
the Governor.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 536), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4017) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
State of West Virginia
Joe Manchin III
Governor
March 12, 2008
Veto Message
The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West
Virginia, I hereby disapprove and veto Enrolled Committee Substitute for House Bill No. 4420.
Enrolled Committee Substitute for House Bill No. 4420 relates to the taxation of certain real
estate investment trusts and regulated investment companies. The Bill, passed by the Legislature on
March 7, 2008, would conflict with Enrolled Committee Substitute for Senate Bill No. 680, a Bill
passed by the Legislature on March 8, 2007, Both Bills amend W. Va. Code §11-24-3a; however,
the amendments of Enrolled Committee Substitute for Senate Bill No. 680 were not reflected in
Enrolled Committee Substitute for House Bill No. 4420. As a result of this conflict, I must veto
Enrolled Committee Substitute for House Bill No. 4420.
Although I support the intent of Enrolled Committee Substitute for House Bill No. 4420, the
provisions of Enrolled Committee for Senate Bill No. 680 should be incorporated to permit approval
of both Bills. In light of this conflict, I would encourage the Legislature to promptly consider this
measure again in the near future.
Very truly yours,
Joe Manchin III
Governor.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegates White and DeLong, Enrolled Com. Sub. for House Bill 4420 was
amended, in an effort to meet the objections of the Governor, by amending the bill on page one,
following the enacting section and the article heading, by striking out section three-a in its entirety
and inserting in lieu thereof a new section three-a to read as follows:
"§11-24-3a. Specific terms defined.
For purposes of this article:
(1) Business income. -- The term 'business income' means income arising from transactions
and activity in the regular course of the taxpayer's trade or business and includes income from
tangible and intangible property if the acquisition, management and disposition of the property or
the rendering of services in connection therewith constitute integral parts of the taxpayer's regular
trade or business operations and includes all income which is apportionable under the Constitution
of the United States.
(2) 'Combined group' means the group of all persons whose income and apportionment
factors are required to be taken into account pursuant to subsection (a) or (b), section thirteen-a of
this article in determining the taxpayer's share of the net business income or loss apportionable to
this state.
(3) Commercial domicile. -- The term 'commercial domicile' means the principal place from
which the trade or business of the taxpayer is directed or managed: Provided, That the commercial
domicile of a financial organization, which is subject to regulation as such, shall be at the place
designated as its principal office with its regulating authority.
(4) Compensation. -- The term 'compensation' means wages, salaries, commissions and any
other form of remuneration paid to employees for personal services.
(5) Corporation. -- 'Corporation' means any corporation as defined by the laws of this state
or organization of any kind treated as a corporation for tax purposes under the laws of this state,
wherever located, which if it were doing business in this state would be a 'taxpayer' subject to the
tax imposed by this article. The business conducted by a partnership which is directly or indirectly
held by a corporation shall be considered the business of the corporation to the extent of the
corporation's distributive share of the partnership income, inclusive of guaranteed payments to the
extent prescribed by regulation. The term 'corporation' includes a joint-stock company and any
association or other organization which is taxable as a corporation under the federal income tax law.
(6) Delegate. -- The term 'delegate' in the phrase 'or his or her delegate', when used in
reference to the Tax Commissioner, means any officer or employee of the State Tax Department duly authorized by the Tax Commissioner directly, or indirectly by one or more redelegations of authority,
to perform the functions mentioned or described in this article or regulations promulgated
thereunder.
(7) Domestic corporation. -- The term 'domestic corporation' means any corporation
organized under the laws of West Virginia and certain corporations organized under the laws of the
State of Virginia before the twentieth day of June, one thousand eight hundred sixty-three. Every
other corporation is a foreign corporation.
(8) Engaging in business. -- The term 'engaging in business' or 'doing business' means any
activity of a corporation which enjoys the benefits and protection of government and laws in this
state.
(9) Federal Form 1120. -- The term 'Federal Form 1120' means the annual federal income
tax return of any corporation made pursuant to the United States Internal Revenue Code of 1986, as
amended, or in successor provisions of the laws of the United States, in respect to the federal taxable
income of a corporation, and filed with the federal Internal Revenue Service. In the case of a
corporation that elects to file a federal income tax return as part of an affiliated group, but files as
a separate corporation under this article, then as to such corporation Federal Form 1120 means its
pro forma Federal Form 1120.
(10) Fiduciary. -- The term 'fiduciary' means, and includes, a guardian, trustee, executor,
administrator, receiver, conservator or any person acting in any fiduciary capacity for any person.
(11) Financial organization. -- The term 'financial organization' means:
(A) A holding company or a subsidiary thereof. As used in this section 'holding company'
means a corporation registered under the federal Bank Holding Company Act of 1956 or registered
as a savings and loan holding company other than a diversified savings and loan holding company
as defined in Section 408(a)(1)(F) of the federal National Housing Act, 12 U. S. C. §1730(a)(1)(F);
(B) A regulated financial corporation or a subsidiary thereof. As used in this section
'regulated financial corporation' means:
(i) An institution, the deposits, shares or accounts of which are insured under the Federal
Deposit Insurance Act or by the federal Savings and Loan Insurance Corporation;
(ii) An institution that is a member of a federal home loan bank;
(iii) Any other bank or thrift institution incorporated or organized under the laws of a state
that is engaged in the business of receiving deposits;
(iv) A credit union incorporated and organized under the laws of this state;
(v) A production credit association organized under 12 U. S. C. §2071;
(vi) A corporation organized under 12 U. S. C. §611 through §631 (an Edge Act corporation);
or
(vii) A federal or state agency or branch of a foreign bank as defined in 12 U. S. C. §3101;
or
(C) A corporation which derives more than fifty percent of its gross business income from
one or more of the following activities:
(i) Making, acquiring, selling or servicing loans or extensions of credit. Loans and
extensions of credit include:
(I) Secured or unsecured consumer loans;
(II) Installment obligations;
(III) Mortgages or other loans secured by real estate or tangible personal property;
(IV) Credit card loans;
(V) Secured and unsecured commercial loans of any type; and
(VI) Loans arising in factoring.
(ii) Leasing or acting as an agent, broker or advisor in connection with leasing real and
personal property that is the economic equivalent of an extension of credit as defined by the Federal
Reserve Board in 12 CFR 225.25(b)(5).
(iii) Operating a credit card business.
(iv) Rendering estate or trust services.
(v) Receiving, maintaining or otherwise handling deposits.
(vi) Engaging in any other activity with an economic effect comparable to those activities
described in subparagraph (i), (ii), (iii), (iv) or (v) of this paragraph.
(12) Fiscal year. -- The term 'fiscal year' means an accounting period of twelve months
ending on any day other than the last day of December and on the basis of which the taxpayer is
required to report for federal income tax purposes.
(13) Includes and including. -- The terms 'includes' and 'including', when used in a
definition contained in this article, shall not be deemed to do not exclude other things otherwise
within the meaning of the term being defined.
(14) Insurance company. -- The term 'insurance company' means any corporation subject
to taxation under section twenty-two, article three, chapter twenty-nine of this code or chapter thirty-
three of this code or an insurance carrier subject to the surcharge imposed by subdivision (1) or (3),
subsection (f), section three, article two-c, chapter twenty-three of this code or any corporation that
would be subject to taxation under any of those provisions were its business transacted in this state.
(14) (15) 'Internal Revenue Code' means Title 26 of the United States Code, as amended,
the Internal Revenue Code as defined in section three of this article, without regard to application
of federal treaties unless expressly made applicable to states of the United States.
(15) (16) Nonbusiness income. -- The term 'nonbusiness income' means all income other
than business income.
(16) (17) 'Partnership' means a general or limited partnership or organization of any kind
treated as a partnership for tax purposes under the laws of this state.
(17) (18) Person. -- The term 'person' is to be deemed considered interchangeable with the
term 'corporation' in this section. The term 'person' means any individual, firm, partnership, general
partner of a partnership, limited liability company, registered limited liability partnership, foreign
limited liability partnership, association, corporation whether or not the corporation is, or would be
if doing business in this state, subject to the tax imposed by this article, company, syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee or
organization of any kind.
(18) (19) Pro forma return. -- The term 'pro forma return' when used in this article means
the return which the taxpayer would have filed with the Internal Revenue Service had it not elected
to file federally as part of an affiliated group.
(19) (20) Public utility. -- The term 'public utility' means any business activity to which the
jurisdiction of the Public Service Commission of West Virginia extends under section one, article
two, chapter twenty-four of this code.
(21) Qualified real estate investment trust. -- The term 'Qualified Real Estate Investment
Trust' means any real estate invest trust where no single entity owns or controls, directly or
indirectly, constructively or otherwise, fifty percent or more of the voting power or value of the
beneficial interests or shares of the trust, if the single entity is
(A) Subject to the provisions of subchapter C, chapter 1, subtitle A, title 26 of the United
States Code, as amended;
(B) Not exempt from federal income tax pursuant to the provisions of section 501 of the
Internal Revenue Code of 1986, as amended; and
(C) Not a real estate invest trust as defined in this section or a qualified real estate invest trust
subsidiary under section 856(i) of the Internal Revenue Code of 1986, as amended.
(22) Qualified regulated investment company. -- The term 'Qualified Regulated Investment
Company' means any regulated company where no single entity owns or controls, directly or
indirectly, constructively or otherwise, fifty percent or more of the voting power or value of the
beneficial interests or shares of the company, if the single entity is:
(A) Subject to the provision of subchapter C, chapter 1, subtitle A. title 26 of the United
States Code, as amended;
(B) Not exempt from federal income tax pursuant to the provision of section 501 of the
Internal Revenue Code of 1986, as amended; and
(C) Not a regulated investment company as defined in section 3 of the Investment Company
Act of 1940, as amended, 15 U.S.C. 80a-3.
(23) Real estate investment trust. -- The term 'Real Estate Investment Trust' has the meaning
ascribed to such term in section 856 of the Internal Revenue Code of 1986, as amended.
(24) Regulated investment company. -- The term 'Regulated Investment Company' has the
same meaning as ascribed to such term in section 851 of the Internal Revenue Code of 1986, as
amended.
(20) (25) Sales. -- The term 'sales' means all gross receipts of the taxpayer that are 'business
income' as defined in this section.
(21) (26) State. -- The term 'state' means any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States and
any foreign country or political subdivision thereof.
(22) (27) Taxable year, tax year. -- The term 'taxable year' or 'tax year' means the taxable
year for which the taxable income of the taxpayer is computed under the federal income tax law.
(23) (28) Tax. -- The term 'tax' includes, within its meaning, interest and additions to tax,
unless the intention to give it a more limited meaning is disclosed by the context.
(24) (29) Tax Commissioner. -- The term 'Tax Commissioner' means the Tax Commissioner
of the State of West Virginia or his or her delegate.
(25) (30) 'Tax haven' means a jurisdiction that, for a particular tax year in question: (A) Is
identified by the Organization for Economic Cooperation and Development as a tax haven or as
having a harmful preferential tax regime; or (B) a jurisdiction that has no, or nominal, effective tax
on the relevant income and: (i) That has laws or practices that prevent effective exchange of
information for tax purposes with other governments regarding taxpayers subject to, or benefitting
from, the tax regime; (ii) that lacks transparency, for purposes of this definition, a tax regime lacks
transparency if the details of legislative, legal or administrative provisions are not open to public
scrutiny and apparent or are not consistently applied among similarly situated taxpayers; (iii) facilitates the establishment of foreign-owned entities without the need for a local substantive
presence or prohibits these entities from having any commercial impact on the local economy; (iv)
explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the
tax regime's benefits or prohibits enterprises that benefit from the regime from operating in the
jurisdiction's domestic market; or (v) has created a tax regime which is favorable for tax avoidance,
based upon an overall assessment of relevant factors, including whether the jurisdiction has a
significant untaxed offshore financial or other services sector relative to its overall economy. For
purposes of this definition, the phrase 'tax regime' means a set or system of rules, laws, regulations
or practices by which taxes are imposed on any person, corporation or entity, or on any income,
property, incident, indicia or activity pursuant to governmental authority.
(26) (31) Taxpayer. -- The term 'taxpayer' means any person subject to the tax imposed by
this article.
(27) (32) This code. -- The term 'this code' means the Code of West Virginia, one thousand
nine hundred thirty-one, as amended.
(28) (33) This state. -- The term 'this state' means the State of West Virginia.
(29) (34) 'United States' means the United States of America and includes all of the states
of the United States, the District of Columbia and United States territories and possessions.
(30) (35) 'Unitary business' means a single economic enterprise that is made up either of
separate parts of a single business entity or of a commonly controlled group of business entities that
are sufficiently interdependent, integrated and interrelated through their activities so as to provide
a synergy and mutual benefit that produces a sharing or exchange of value among them and a
significant flow of value to the separate parts. For purposes of this article and article twenty-three
of this chapter, any business conducted by a partnership shall be treated as conducted by its partners,
whether directly held or indirectly held through a series of partnerships, to the extent of the partner's
distributive share of the partnership's income, regardless of the percentage of the partner's ownership
interest or the percentage of its distributive or any other share of partnership income. A business conducted directly or indirectly by one corporation through its direct or indirect interest in a
partnership is unitary with that portion of a business conducted by one or more other corporations
through their direct or indirect interest in a partnership if there is a synergy and mutual benefit that
produces a sharing or exchange of value among them and a significant flow of value to the separate
parts and the corporations are members of the same commonly controlled group.
(31) (36) West Virginia taxable income. -- The term 'West Virginia taxable income' means
the taxable income of a corporation as defined by the laws of the United States for federal income
tax purposes, adjusted, as provided in this article: Provided, That in the case of a corporation having
income from business activity which is taxable without this state, its 'West Virginia taxable income'
shall be such the portion of its taxable income as so defined and adjusted as is allocated or
apportioned to this state under the provisions of this article."
The Speaker propounded, "Shall the bill pass, as amended, in an effort to meet the objections
of the Governor?"
On this question, the yeas and nays were taken (Roll No. 537), and there were--yeas 93, nays
2, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border,
Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig,
Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall,
Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler,
Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller,
J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D.
Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott,
Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: Andes and Lane.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enrolled Com. Sub. for H. B. 4420) passed, as a result of
the objections of the Governor.
On motion of Delegates White and DeLong, the title of the bill was amended to read as
follows:
Com. Sub. for H. B. 4420 - "A Bill to amend and reenact §11-24-3a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§11-24-4b, all relating generally to the manner in which the corporate net income tax is to be
imposed on business entities; providing definitions of terms relating to insurance companies, unitary
businesses and certain trusts and investment companies; and establishing the applicability of the tax
upon real estate investment trusts, regulated investment companies, qualified real estate investment
trusts and qualified regulated investment companies."
Delegate DeLong moved that the bill take effect January 1, 2009.
On this question, the yeas and nays were taken (Roll No. 538), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs,
Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick,
Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler,
Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C.
Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino,
D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott,
Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None.
Absent And Not Voting: Eldridge, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4420) takes effect January 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 2:19 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 3:00
p.m., and reconvened at that time.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
Joe Manchin III
Governor
March 13, 2008
Veto Message
The Honorable Richard Thompson
Speaker, House of Delegates
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 736.
I must object to this Bill because its proposed title does not reflect the amendments it
purports to make to the Code of West Virginia. A reasonable person would not be able to decern
the amendments without reading the entire text of the Bill. Accordingly, I find the title inconsistent
with the substance of the Bill so as to render the Bill constitutionally defective. For this reason, I
must veto this legislation. Notwithstanding this action, I urge the Legislature to amend the title and
any other erroneous designations and return the Bill for approval.
Very truly yours,
Joe Manchin III
Governor.
On motion of Delegate DeLong, the bill was taken up for immediate consideration and the
House of Delegates proceeded to reconsider the bill, as amended by the Senate, in an effort to meet
the objections of the Governor.
The following Senate amendments were then reported by the Clerk:
On page one by striking out the title and substituting therefor a new title, to read as follows:
Enr. Com. Sub. for S. B. 736 - "An Act to amend and reenact §37-1-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §44A-1-8 of said code; and to amend and reenact
§44A-3-5 of said code, all relating generally to appointment of guardians and conservators for
persons under legal disability, including protected persons; clarifying the sale of real estate for
persons under legal disability, including protected persons; authorizing background checks for
persons seeking appointment as guardian or conservator; clarifying who may not be appointed
guardian or conservator; clarifying when a conservator appointment is exempted; and making
technical corrections."
The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the
Governor?"
On this question, the yeas and nays were taken (Roll No. 539), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Yeas: Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs,
Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles,
Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick,
Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler,
Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C.
Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino,
D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott,
Tansill, Tucker, Varner, Walters, Wells, White, Williams, Wysong and Speaker Thompson.
Nays: None
Absent And Not Voting: Carmichael, Reynolds, Shook, Webster and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enrolled S. B. 736) passed, as a result of the objections
of the Governor.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect from passage, of
Com. Sub. for S. B. 150, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article VI of the Constitution.
Conference Committee Report
Delegate White, from the committee of conference on matters of disagreement between the
two houses, as to
Eng. Com. Sub. for S. B. 150, Budget bill, making appropriations of public money out of
the Treasury in accordance with section fifty-one, article VI of the Constitution.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the
amendment of the House to Engrossed Com. Sub. for Senate Bill No. 150 having met, after full and
free conference, have agreed to recommend and do recommend to their respective houses, as
follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting clause, and agree to the same as follows:
"TITLE I-GENERAL PROVISIONS.
Section 1. General policy.-The purpose of this bill is to appropriate money necessary for the
economical and efficient discharge of the duties and responsibilities of the state and its agencies during
the fiscal year two thousand nine.
Sec. 2. Definitions.-For the purpose of this bill:
'Governor' shall mean the Governor of the State of West Virginia.
'Code' shall mean the Code of West Virginia, one thousand nine hundred thirty-one, as
amended.
'Spending unit' shall mean the department, bureau, division, office, board, commission, agency
or institution to which an appropriation is made.
The 'fiscal year two thousand nine' shall mean the period from the first day of July, two
thousand eight, through the thirtieth day of June, two thousand nine.
'General revenue fund' shall mean the general operating fund of the state and includes all
moneys received or collected by the state except as provided in section two, article two, chapter twelve
of the code or as otherwise provided.
'Special revenue funds' shall mean specific revenue sources which by legislative enactments
are not required to be accounted for as general revenue, including federal funds.
'From collections' shall mean that part of the total appropriation which must be collected by the
spending unit to be available for expenditure. If the authorized amount of collections is not collected,
the total appropriation for the spending unit shall be reduced automatically by the amount of the
deficiency in the collections. If the amount collected exceeds the amount designated 'from collections,'
the excess shall be set aside in a special surplus fund and may be expended for the purpose of the
spending unit as provided by article two, chapter eleven-b of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
'Personal services' shall mean salaries, wages and other compensation paid to full-time, part-
time and temporary employees of the spending unit but shall not include fees or contractual payments
paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for 'personal services' shall include salaries of heads
of spending units.
'Annual increment' shall mean funds appropriated for 'eligible employees' and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for 'annual increment' shall be transferred to 'personal services' or other
designated items only as required.
'Employee benefits' shall mean social security matching, workers' compensation,
unemployment compensation, pension and retirement contributions, public employees insurance
matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost
shall be transferred by each spending unit from its 'personal services' line item or its 'unclassified' line
item or other appropriate line item to its 'employee benefits' line item. If there is no appropriation for
'employee benefits,' such costs shall be paid by each spending unit from its 'personal services' line
item, its 'unclassified' line item or other appropriate line item. Each spending unit is hereby authorized
and required to make such payments in accordance with the provisions of article two, chapter eleven-b
of the code.
'BRIM Premiums' shall mean the amount charged as consideration for insurance protection and
includes the present value of projected losses and administrative expenses. Premiums are assessed for
coverages, as defined in the applicable policies, for claims arising from, inter alia, general liability,
wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for 'BRIM Premiums' be insufficient to cover such cost, the remainder
of such costs shall be transferred by each spending unit from its 'personal services' line item, its
'employee benefit' line item, its 'unclassified' line item or any other appropriate line item to 'BRIM
Premiums' for payment to the Board of Risk and Insurance Management. Each spending unit is hereby
authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation. Such expenditures shall be
considered an employee benefit.
'Current expenses' shall mean operating costs other than personal services and shall not include
equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service
and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
'Equipment' shall mean equipment items which have an appreciable and calculable period of
usefulness in excess of one year.
'Repairs and alterations' shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
'Buildings' shall include new construction and major alteration of existing structures and the
improvement of lands and shall include shelter, support, storage, protection or the improvement of a
natural condition.
'Lands' shall mean the purchase of real property or interest in real property.
'Capital outlay' shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three, chapter
twelve of the code.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be expended only for the purposes
as defined above and only for the spending units herein designated: Provided, That the secretary of
each department shall have the authority to transfer within the department those general revenue funds
appropriated to the various agencies of the department: Provided, however, That no more than five
percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department and no funds so transferred may be transferred to a
'personal services' line: Provided further, That the secretary of each department and the director,
commissioner, executive secretary, superintendent, chairman or any other agency head not governed
by a departmental secretary as established by chapter five-f of the code shall have the authority to
transfer funds appropriated to 'personal services' and 'employee benefits' to other lines within the same
account and no funds from other lines shall be transferred to the 'personal services' line: And provided
further, That the secretary of each department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a departmental secretary as
established by chapter five-f of the code shall have the authority to transfer general revenue funds
appropriated to 'annual increment' to other general revenue accounts within the same department,
bureau or commission for the purpose of providing an annual increment in accordance with article five,
chapter five of the code: And provided further, That no authority exists hereunder to transfer funds into
line-items to which no funds are legislatively appropriated: And provided further, That if the
Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other
appropriate agency head may transfer the funds formerly appropriated to such agency, board or function
in order to implement such consolidation. No funds may be transferred from a Special Revenue
Account, dedicated account, capital expenditure account or any other account or fund specifically
exempted by the Legislature from transfer, except that the use of the appropriations from the State Road
Fund for the office of the Secretary of the Department of Transportation is not a use other than the
purpose for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it is necessary or desirable
to permit the spending unit the freedom to spend an appropriation for more than one of the above
classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise
specifically directed, shall be appropriated and expended according to the provisions of article three, chapter twelve of the code or according to any law detailing a procedure specifically limiting that
article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted as
requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1.Appropriations from general revenue.
SECTION 2.Appropriations from state road fund.
SECTION 3.Appropriations from other funds.
SECTION 4.Appropriations from lottery net profits.
SECTION 5.Appropriations from state excess lottery revenue.
SECTION 6.Appropriations of federal funds.
SECTION 7.Appropriations from federal block grants.
SECTION 8.Awards for claims against the state.
SECTION 9.Special revenue appropriations.
SECTION 10.State improvement fund appropriations.
SECTION 11.Specific funds and collection accounts.
SECTION 12.Appropriations for refunding erroneous payment.
SECTION 13.Sinking fund deficiencies.
SECTION 14.Appropriations for local governments.
SECTION 15.Total appropriations.
SECTION 16.General school fund.
Section 1. Appropriations from general revenue.-From the State Fund, General Revenue,
there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article
two, chapter eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
LEGISLATIVE
1-Senate
Fund 0165 FY 2009 Org 2100
General
Revenue
ActivityFund
Compensation of Members (R)003$1,010,000
Compensation and Per Diem of Officers
and Employees (R)0053,003,210
Employee Benefits (R)010597,712
Current Expenses and
Contingent Fund (R)021700,000
Repairs and Alterations (R)064450,000
Computer Supplies (R)10140,000
Computer Systems (R)102250,000
Printing Blue Book (R)103150,000
Expenses of Members (R)399700,000
BRIM Premium (R)91329,482
Total$6,930,404
The appropriations for the senate for the fiscal year 2008 are to remain in full force and effect
and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be transferred and
credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the Senate, the auditor shall transfer amounts between
items of the total appropriation in order to protect or increase the efficiency of the service.
The Clerk of the Senate, with the approval of the president, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate,
for any bills for supplies and services that may have been incurred by the senate and not included in the
appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the
business and after adjournment of any regular or extraordinary session, and for the necessary operation
of the senate offices, the requisitions for which are to be accompanied by bills to be filed with the
auditor.
The Clerk of the Senate, with the written approval of the president, or the President of the Senate
shall have authority to employ such staff personnel during any session of the Legislature as shall be
needed in addition to staff personnel authorized by the senate resolution adopted during any such
session. The Clerk of the Senate, with the written approval of the president, or the President of the
Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall
be needed, the compensation of all staff personnel during and between sessions of the Legislature,
notwithstanding any such senate resolution, to be fixed by the President of the Senate. The clerk is
hereby authorized to draw his or her requisitions upon the auditor for the payment of all such staff
personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers
and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the Clerk of the Senate shall be paid a monthly
salary as provided by the senate resolution, unless increased between sessions under the authority of the
president, payable out of the appropriation for Compensation and Per Diem of Officers and Employees
or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the Clerk of the Senate and shall
include seventy-five copies for each member of the Legislature and two copies for each classified and
approved high school and junior high or middle school and one copy for each elementary school within
the state.
2-House of Delegates
Fund 0170 FY 2009 Org 2200
Compensation of Members (R)003$2,270,000
Compensation and Per Diem of Officers
and Employees (R)005700,000
Current Expenses and Contingent Fund (R)0214,621,162
Expenses of Members (R)3991,190,000
BRIM Premium (R)91328,120
Total$8,809,282
The appropriations for the house of delegates for the fiscal year 2008 are to remain in full force
and effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be
transferred and credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the House of Delegates, the auditor shall transfer
amounts between items of the total appropriation in order to protect or increase the efficiency of the
service.
The Clerk of the House of Delegates, with the approval of the speaker, is authorized to draw his
or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the
house of delegates, for any bills for supplies and services that may have been incurred by the house of
delegates and not included in the appropriation bill, for bills for services and supplies incurred in
preparation for the opening of the session and after adjournment, and for the necessary operation of the
house of delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the
auditor.
The Speaker of the House of Delegates, upon approval of the house committee on rules, shall
have authority to employ such staff personnel during and between sessions of the Legislature as shall
be needed, in addition to personnel designated in the house resolution, and the compensation of all
personnel shall be as fixed in such house resolution for the session, or fixed by the speaker, with the
approval of the house committee on rules, during and between sessions of the Legislature,
notwithstanding such house resolution. The Clerk of the House of Delegates is hereby authorized to draw requisitions upon the auditor for such services, payable out of the appropriation for the
Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of
the house of delegates.
For duties imposed by law and by the house of delegates, including salary allowed by law as
keeper of the rolls, the Clerk of the House of Delegates shall be paid a monthly salary as provided in the
house resolution, unless increased between sessions under the authority of the speaker, with the approval
of the house committee on rules, and payable out of the appropriation for Compensation and Per Diem
of Officers and Employees or Current Expenses and Contingent Fund of the house of delegates.
3-Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2009 Org 2300
Joint Committee on
Government and Finance (R)104$7,300,000
Legislative Printing (R)105800,000
Legislative Rule-Making
Review Committee (R) 106155,000
Legislative Computer System (R)107950,000
Joint Standing Committee
on Education (R)10888,000
Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)64215,000,000
BRIM Premium (R)91322,000
Total$24,315,000
The appropriations for the joint expenses for the fiscal year 2008 are to remain in full force and
effect and are hereby reappropriated to June 30, 2009. Any balances so reappropriated may be
transferred and credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the Senate, with the approval of the President of the
Senate, and the Clerk of the House of Delegates, with the approval of the Speaker of the House of
Delegates, and a copy to the Legislative Auditor, the auditor shall transfer amounts between items of the
total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)
(fund 0175, activity 642) is intended for possible general state tax reductions or the offsetting of any
reductions in federal funding for state programs.
JUDICIAL
4-Supreme Court-
General Judicial
Fund 0180 FY 2009 Org 2400
Personal Services (R)001$64,058,926
Annual Increment (R)004870,250
Employee Benefits (R)01020,236,863
Childrens' Protection Act090862,938
Unclassified (R)09923,380,486
Judges' Retirement System (R)1102,763,000
Retirement Systems-
Unfunded Liability (R)7753,271,000
BRIM Premium (R)913374,015
Total$115,817,478
The appropriations to the supreme court of appeals for the fiscal years 2007 and 2008 are to
remain in full force and effect and are hereby reappropriated to June 30, 2009. Any balances so
reappropriated may be transferred and credited to the fiscal year 2009 accounts.
This appropriation shall be administered by the Administrative Director of the Supreme Court
of Appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making deductions therefrom as required by law for taxes and other items.
The appropriations for the Judges' Retirement System (activity 110) and Retirement Systems-
Unfunded Liability (activity 775) are to be transferred to the consolidated public retirement board, in
accordance with the law relating thereto, upon requisition of the Administrative Director of the Supreme
Court of Appeals.
EXECUTIVE
5-Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2009 Org 0100
Personal Services001$2,433,155
Salary of Governor002122,500
Annual Increment00427,870
Employee Benefits010722,929
Unclassified (R)0991,446,075
National Governors' Association12395,200
Southern States Energy Board12428,732
Southern Governors' Association31425,000
Pharmaceutical Advocate753614,601
BRIM Premium913206,143
P20 Jobs Cabinet95440,000
Total$5,762,205
Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, activity
099), Publication of Papers and Transition Expenses-Surplus (fund 0101, activity 359), Capital Outlay,
Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101, activity 665), and
Pharmaceutical Cost Management Council (fund 0101, activity 796) at the close of the fiscal year 2008
are hereby reappropriated for expenditure during the fiscal year 2009.
6-Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2009 Org 0100
Unclassified-Total (R)096$646,936
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0102,
activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
Funds are to be used for current general expenses, including compensation of employees,
household maintenance, cost of official functions and additional household expenses occasioned by such
official functions.
7-Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2009 Org 0100
Civil Contingent Fund-Total (R)114$4,000,000
Any unexpended balances remaining in the appropriation for Stream Restoration-Surplus (fund
0105, activity 078), Business and Economic Development Stimulus-Surplus (fund 0105, activity 084),
Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund
0105, activity 238), Civil Contingent Fund- Surplus (fund 0105, activity 263), Business and Economic
Development Stimulus (fund 0105, activity 586), and Civil Contingent Fund (fund 0105, activity 614)
at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From this appropriation there may be expended, at the discretion of the Governor, an amount not
to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency funding for accidental, unanticipated,
emergency or unplanned events which may occur during the fiscal year and is not to be expended for the normal day-to-day operations of the governor's office.
8-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2009 Org 1200
Personal Services001$2,264,450
Salary of Auditor00285,000
Annual Increment00447,686
Employee Benefits010793,983
Unclassified 099622,226
BRIM Premium91315,428
Total$3,828,773
9-Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2009 Org 1300
Personal Services001$1,984,224
Salary of Treasurer00285,000
Annual Increment00431,060
Employee Benefits010640,025
Unclassified (R)099849,757
Abandoned Property Program118305,051
Tuition Trust Fund (R)692157,136
Personal Finance Education Program
for 21st Century Skills313250,000
BRIM Premium91330,809
Total$4,333,062
Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity 099)
and Tuition Trust Fund (fund 0126, activity 692) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
10-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2009 Org 1400
Personal Services001$4,073,184
Salary of Commissioner00285,000
Annual Increment004109,293
Employee Benefits0101,584,724
Animal Identification Program039207,264
State Farm Museum055110,000
Unclassified (R)0991,457,459
Gypsy Moth Program (R)1191,218,571
Huntington Farmers Market12850,000
Black Fly Control (R)137805,926
Donated Foods Program36350,000
Predator Control (R)470260,000
Logan Farmers Market50143,036
Bee Research69175,754
Microbiology Program (R)785161,583
Moorefield Agriculture Center (R)7861,162,363
BRIM Premium913145,962
4-H Camp Improvements941990,000
Threat Preparedness94277,107
WV Food Banks969100,000
Seniors's Farmers' Market Nutrition
Coupon Program97065,000
Total$12,832,226
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0131,
activity 097), Unclassified (fund 0131, activity 099), Gypsy Moth Program (fund 0131, activity 119),
Black Fly Control (fund 0131, activity 137), Predator Control (fund 0131, activity 470), Microbiology
Program (fund 0131, activity 785), and Moorefield Agriculture Center (fund 0131, activity 786) at the
close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the
purpose of matching federal funds for marketing and development activities.
From the above appropriation for WV Food Banks (activity 969), the full appropriation shall be
allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.
11-West Virginia Conservation Agency
(WV Code Chapter 19)
Fund 0132 FY 2009 Org 1400
Personal Services001$502,380
Annual Increment00410,726
Employee Benefits010197,665
Unclassified (R) 099446,997
Soil Conservation Projects (R)1208,997,620
Marlinton Flood Wall (R)7571,500,000
BRIM Premium91312,969
Total$11,668,357
Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, activity 099),
Soil Conservation Projects (fund 0132, activity 120), Maintenance of Flood Control Projects (fund 0132,
activity 522), and Marlinton Flood Wall (fund 0132, activity 757) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
12-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2009 Org 1400
Unclassified-Total096$684,808
Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of
matching federal funds for the above-named program.
13-Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2009 Org 1400
Programs & Awards for 4-H Clubs and FFA/FHA577$ 15,000
Commissioner's Awards and Programs73743,650
Total$58,650
14-Department of Agriculture-
West Virginia Agricultural Land Protection Authority
(WV Code Chapter 8A)
Fund 0607 FY 2009 Org 1400
Unclassified-Total096$110,000
15-Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2009 Org 1500
Personal Services (R)001$2,464,631
Salary of Attorney General00287,500
Annual Increment00458,175
Employee Benefits (R)010871,585
Unclassified (R)099791,716
Better Government Bureau 740312,129
Agency Client Revolving Liquidity Pool362120,000
BRIM Premium 913118,590
Total$4,824,326
Any unexpended balances remaining in the above appropriations for Personal Services (fund 0150,
activity 001), Employee Benefits (fund 0150, activity 010), and Unclassified (fund 0150, activity 099)
at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
When legal counsel or secretarial help is appointed by the attorney general for any state spending
unit, this account shall be reimbursed from such spending units specifically appropriated account or from
accounts appropriated by general language contained within this bill: Provided, That the spending unit
shall reimburse at a rate and upon terms agreed to by the state spending unit and the attorney general:
Provided, however, That if the spending unit and the attorney general are unable to agree on the amount
and terms of the reimbursement, the spending unit and the attorney general shall submit their proposed
reimbursement rates and terms to the Governor for final determination.
16-Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2009 Org 1600
Personal Services001$684,299
Salary of Secretary of State00282,500
Annual Increment00414,890
Employee Benefits010262,196
Unclassified (R)09995,127
Technology Improvements5990
BRIM Premium91333,554
Total$1,172,566
Any unexpended balance remaining in the appropriation for Unclassified (fund 0155, activity 099)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
17-State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2009 Org 1601
Unclassified-Total096$10,275
DEPARTMENT OF ADMINISTRATION
18-Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2009 Org 0201
Personal Services001$479,703
Annual Increment0042,486
Employee Benefits010124,292
Teachers' Retirement Savings Realized0953,826,000
Unclassified099117,632
State Employee Sick Leave Fund3785,000,000
Lease Rental Payments51616,000,000
Design-Build Board54019,068
Financial Advisor304200,000
BRIM Premium91310,071
Total$25,779,252
Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, activity
304) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year
2009.
The appropriation for Lease Rental Payments shall be disbursed as provided by chapter thirty-one,
article fifteen, section six-b of the code.
The above appropriation for Teachers' Retirement Savings Realized (activity 095) shall be
transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).
From the above appropriation for Financial Advisor (activity 304) amounts may be expended for
financial consulting services, conditioned upon the provider of the services' monthly reports to the Joint
Committee on Government and Finance on all aspects of its work, including all findings, reports,
recommendations, projects and tasks.
19-Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2009 Org 0205
Any unexpended balance remaining in the appropriation for Pension Merger Administrative Costs
(fund 0195, activity 429) at the close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
The division of highways, division of motor vehicles, public service commission and other
departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal
funds shall pay their proportionate share of the retirement costs for their respective divisions. When
specific appropriations are not made, such payments may be made from the balances in the various
special revenue funds in excess of specific appropriations.
20-Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2009 Org 0209
Personal Services001$82,411
Annual Increment0041,101
Employee Benefits01029,431
Unclassified099140,663
GAAP Project (R)125858,538
BRIM Premium91316,722
Total$1,128,866
Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
21-Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2009 Org 0211
Personal Services001$1,495,957
Annual Increment00427,742
Employee Benefits010597,813
Unclassified099736,079
Fire Service Fee12614,000
Preservation and Maintenance of Statues
and Monuments on Capitol Grounds37168,000
BRIM Premium913112,481
Total$3,052,072
From the above appropriation for Preservation and Maintenance of Statues and Monuments on
Capitol Grounds (activity 371), the Division shall first restore The Union Soldiers, Sailors and Marines
Monument, then consider the suggestions of the National Park Service resulting from its ongoing
informal assessment of the condition of these statues and memorials in setting further priorities for
preservation and maintenance. The Division shall report on its progress in these efforts at each meeting
of the Council of Finance and Administration, along with its priorities for this and future funding. The
Division shall also consult the Division of Culture and History and Capitol Building Commission in all
aspects of planning, assessment, maintenance and restoration.
22-Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2009 Org 0213
Personal Services001$946,578
Annual Increment00415,360
Employee Benefits010301,996
Unclassified099209,345
BRIM Premium9136,167
Total$1,479,446
The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity 099)
within the division of purchasing for all actual expenses incurred pursuant to the provisions of section
thirteen, article two-a, chapter seventeen of the code.
23-Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2009 Org 0217
Unclassified-Total096$45,000
To pay expenses for members of the commission on uniform state laws.
24-West Virginia Public Employees Grievance Board
(WV Code Chapter 6C)
Fund 0220 FY 2009 Org 0219
Personal Services001$650,070
Annual Increment00410,057
Employee Benefits010178,618
Unclassified099154,567
BRIM Premium9133,885
Total$997,197
Any unexpended balance remaining in the appropriation for Unclassified-Surplus (fund 0220, activity 097) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
25-Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2009 Org 0220
Unclassified099$713,325
BRIM Premium9133,098
Total$716,423
26-Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2009 Org 0221
Personal Services001$634,977
Annual Increment00410,109
Employee Benefits010217,738
Unclassified 099346,240
Appointed Counsel Fees and
Public Defender Corporations (R)12730,493,799
Public Defender Corporations (R)3520
BRIM Premium91318,340
Total$31,721,203
Any unexpended balances remaining in the above appropriations for Appointed Counsel Fees and
Public Defender Corporations (fund 0226, activity 127), and Public Defender Corporations (fund 0226,
activity 352) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the
fiscal year 2009.
From the above appropriation for Unclassified (activity 099), $37,500 is to be used for the exclusive
purpose of hiring additional help for the processing of attorney reimbursements.
27-Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2009 Org 0224
Unclassified-Total096$5,046
28-West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 0557 FY 2009 Org 0228
Forensic Medical Examinations (R)683$144,201
Federal Funds/Grant Match (R)749100,991
Total$245,192
Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund
0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year 2009.
29-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2009 Org 0230
Unclassified-Total096$10,971,688
30-West Virginia Retiree Health Benefit Trust Fund
(WV Code Chapter 5)
Fund 0611 FY 2009 Org 0232
Unclassified-Total-Transfer402$30,730,000
The above appropriation for Unclassified-Total-Transfer (fund 0611, activity 402) shall be
transferred to the OPEB Benefit Contribution Accumulation Fund (fund 2541, org 0232).
31-Real Estate Division
(WV Code Chapter 5A)
Fund 0610 FY 2009 Org 0233
Unclassified-Total096$526,413
DEPARTMENT OF COMMERCE
32-Division of Tourism
(WV Code Chapter 5B)
Fund 0246 FY 2009 Org 0304
Any unexpended balances remaining in the appropriations for Tourism Special Projects-Surplus
(fund 0246, activity 293) and Tourism-Special Projects (fund 0246, activity 859) at the close of the fiscal
year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
33-Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2009 Org 0305
Personal Services001$2,588,335
Annual Increment00468,934
Employee Benefits0101,071,036
Unclassified099756,016
BRIM Premium913164,914
Total$4,649,235
Out of the above appropriation a sum may be used to match federal funds for cooperative studies or
other funds for similar purposes.
34-Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2009 Org 0306
Personal Services001$1,303,901
Annual Increment00439,017
Employee Benefits010451,363
Unclassified099203,313
Mineral Mapping System (R)2071,599,433
Geoscience Education Program54125,000
BRIM Premium91329,180
Total$3,651,207
Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253,
activity 207) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
The above Unclassified appropriation includes funding to secure federal and other contracts and may
be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing advance
funding for such contracts.
35-West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2009 Org 0307
Personal Services001$3,655,971
Annual Increment00487,759
Employee Benefits0101,199,889
ARC-WV Home of Your Own Alliance04840,000
Southern WV Career Center071491,750
Unclassified0993,169,569
Partnership Grants (R)1311,950,000
National Youth Science Camp132200,000
Local Economic Development
Partnerships (R)1331,870,000
ARC Assessment136167,308
Mid-Atlantic Aerospace Complex (R)231176,783
Guaranteed Work Force Grant (R)2422,247,000
Mingo County Surface Mine Project296125,000
Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and Advanced Technologies367519,800
Advantage Valley38974,300
Chemical Alliance Zone39038,300
WV High Tech Consortium391235,783
Charleston Farmers Market476100,000
Industrial Park Assistance (R)4800
International Offices (R)593690,644
Small Business Development (R)703423,187
WV Manufacturing Extension Partnership731144,000
Polymer Alliance754115,000
Regional Councils784440,000
Mainstreet Program794200,000
National Institute of Chemical Studies80570,500
Local Economic Development
Assistance (R)8197,250,000
I-79 Development Council82480,000
Community College Workforce Development8780
College Transition Program8870
WV Advance Workforce Development8930
Technical Program Development8940
BRIM Premium91326,096
Hardwood Alliance Zone99242,600
Total$25,831,239
Any unexpended balances remaining in the appropriations for Tourism-Unclassified-Surplus
(fund 0256, activity 075), Unclassified-Surplus (fund 0256, activity 097), Partnership Grants (fund 0256,
activity 131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-Atlantic
Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242),
Local Economic Development Assistance-Surplus (fund 0256, activity 266), Small Business Financial
Assistance (fund 0256, activity 360), Industrial Park Assistance (fund 0256, activity 480), Leverage
Technology and Small Business Development Program (fund 0256, activity 525), International Offices
(fund 0256, activity 593), Small Business Development (fund 0256, activity 703), Local Economic
Development Assistance (fund 0256, activity 819), Economic Development Assistance (fund 0256,
activity 900), and Mining Safety Technology (fund 0256, activity 945) at the close of the fiscal year 2008
are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Local Economic Development Partnerships (activity 133) shall be used
by the West Virginia development office for the award of funding assistance to county and regional
economic development corporations or authorities participating in the certified development community
program developed under the provisions of section fourteen, article two, chapter five-b of the code. The
West Virginia development office shall award the funding assistance through a matching grant program,
based upon a formula whereby funding assistance may not exceed thirty-four thousand dollars per county
served by an economic development corporation or authority.
From the above appropriation for the Unclassified (fund 0256, activity 099), $125,000 is for King
Coal Highway Authority; $125,000 is for Coal Field Expressway Authority; $100,000 is for Coal
Heritage Highway Authority; $100,000 is for Coal Heritage Area Authority; $50,000 is for Little
Kanawha River Parkway; $90,000 is for Midland Trail Scenic Highway Association; $57,000 is for
Shawnee Parkway Authority; $100,000 is for Corridor G Highway Authority; $75,000 is for Corridor H
Authority; and $50,000 is for Route 2 I68 Highway Authority.
From the above appropriation for the Unclassified (fund 0256, activity 099) $250,000 is for Hatfield
McCoy Recreational Trail; and $80,000 is for the National Railway Historical Society New River
Excursion.
36-Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2009 Org 0308
Personal Services001$1,964,122
Annual Increment00435,812
Employee Benefits010900,554
Unclassified099712,975
BRIM Premium91347,521
Total$3,660,984
37-Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2009 Org 0310
Personal Services001$9,747,402
Annual Increment004327,177
Employee Benefits0104,064,505
Gypsy Moth Suppression Program -
Wildlife Management Areas01442,997
Unclassified09912,255
Litter Control Conservation Officers564161,281
Upper Mud River Flood Control654183,836
Land Purchase7610
Law Enforcement8064,061,725
BRIM Premium913308,815
Total$18,909,993
Any unexpended balance remaining in the above appropriation for Fish Hatchery Improvements
(fund 0265, activity 825) at the close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
Any revenue derived from mineral extraction at any state park shall be deposited in a special revenue
account of the division of natural resources, first for bond debt payment purposes and with any remainder
to be for park operation and improvement purposes.
38-Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2009 Org 0314
Personal Services001$6,188,925
Annual Increment00483,914
Employee Benefits0102,230,537
Unclassified (R)0992,197,375
WV Diesel Equipment Commission71238,034
BRIM Premium91372,393
Total$10,811,178
The appropriation above for Unclassified (fund 0277, fiscal year 2006, activity 099) shall be used
in developing, procuring and/or deploying, technologies to assist in locating and communicating with
trapped miners, supporting life, transporting rescue personnel and rescued individuals through
underground mines and otherwise assist with mine rescue operations.
39-Board of Coal Mine
Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2009 Org 0319
Personal Services001$119,465
Annual Increment0041,004
Employee Benefits01032,357
Unclassified09927,217
Total$180,043
40-Coal Mine Safety and Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2009 Org 0320
Unclassified099$63,352
Coal Forum66425,000
Total$88,352
41-Department of Commerce-
Office of the Secretary
(WV Code Chapter 19)
Fund 0606 FY 2009 Org 0327
Unclassified - Total096$474,770
42-Division of Energy
(WV Code Chapter 5H)
Fund 0612 FY 2009 Org 0328
Unclassified - Total096$1,769,661
From the above appropriation for Unclassified - Total (fund 0612, activity 096) $730,000 is for West
Virginia University and $730,000 is for Southern West Virginia Community and Technical College for
the Mine Training and Energy Technologies Academy.
DEPARTMENT OF EDUCATION
43-State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2009 Org 0402
Personal Services001$245,455
Annual Increment0044,743
Employee Benefits01087,562
Unclassified0992,186,597
Total$2,524,357
44-State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2009 Org 0402
Personal Services001$618,821
Annual Increment00420,678
Employee Benefits010251,410
Unclassified099130,500
BRIM Premium91334,651
Total$1,056,060
45-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2009 Org 0402
Personal Services001$3,552,974
Annual Increment00447,263
Employee Benefits0101,095,782
Unclassified (R)0993,915,000
34/1000 Waiver139320,000
Increased Enrollment1408,680,000
Safe Schools1432,276,132
Teacher Mentor (R)1581,000,000
National Teacher Certification (R)1611,000,000
Allowance for County Transfers264240,169
Technology Repair and Modernization2981,000,000
Tax Assessment Errors35384,598
HVAC Technicians355496,546
Early Retirement Notification Incentive366300,000
MATH Program368400,000
Teacher Reimbursement573300,000
Hospitality Training600434,199
Low Student Enrollment Allowance615800,000
Foreign Student Education (R)63693,881
State Teacher of the Year64042,643
Principals Mentorship64980,000
Allowance for Work Based Learning74460,000
Pilot Program of Structured in-school
Alternatives826100,000
21st Century Learners (R)8862,746,533
BRIM Premium913338,053
High Acuity Health Care Needs Program9201,000,000
School Nurse Funding9211,107,618
21st Century Assessment and Professional
Development9314,500,000
WV Commission on Holocaust Education93515,000
Regional Education Service Agencies9724,200,000
Sparse Population Allocation973420,000
School Access Safety9780
Educational Program Allowance996250,000
High Acuity Special Needs634500,000
Allowance for Extraordinary
Sustained Growth943809,871
Total$41,806,262
The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Collaborative Resource Allocation
(fund 0313, activity 041), Educational Achievement Incentive (fund 0313, activity 042), Unclassified
(fund 0313, activity 099), Teacher Mentor (fund 0313, activity 158), National Teacher Certification (fund
0313, activity 161), Foreign Student Education (fund 0313, activity 636), 21st Century Learners (fund
0313, activity 886), and Educational Enhancements-Surplus (fund 0313, activity 927) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Sparse Population Allocation (activity 973), funding shall be
provided in the same manner as in Fiscal Year 2008. It shall be available to those counties whose
population falls at or below 2.5 students per square mile and which have more than 650 square miles for
transportation purposes.
From the above appropriation for Educational Program Allowance (activity 996), $100,000 shall be
expended for Webster County Board of Education for Hacker Valley and $150,000 for the Randolph
County Board of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance (activity 615), funds shall be
allocated to county boards of education in accordance with the provisions of §18-9A-22 of the Code of
West Virginia.
The above appropriation for Hospitality Training (activity 600), shall be allocated only to entities
that have a plan approved for funding by the Department of Education, at the funding level determined
by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools
to be considered for funding.
From the above appropriation for Unclassified (activity 099) $150,000 is for Hancock County Board of Education, $120,000 is for Hardy County Board of Education, $225,000 is for Pendleton County Board
of Education and $20,000 is for Taylor County Board of Education. This funding is needed to offset the
deficits at these County Boards of Education.
46-State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2009 Org 0402
Special Education-Counties159$7,271,757
Special Education-Institutions1603,683,391
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302588,624
Education of Institutionalized
Juveniles and Adults (R)47216,249,117
Total$27,792,889
Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles
and Adults (fund 0314, activity 472) at the close of the fiscal year 2008 is hereby reappropriated for
expenditure during the fiscal year 2009.
From the above appropriation for Education of Institutionalized Juveniles and Adults (activity 472),
an additional $250,000 shall be provided for the Burlington Center-Mineral County.
From the above appropriations, the superintendent shall have authority to expend funds for the costs
of special education for those children residing in out-of-state placements.
47-State Department of Education-
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2009 Org 0402
Other Current Expenses022$145,546,433
Professional Educators151850,299,661
Service Personnel152275,319,410
Fixed Charges153104,513,542
Transportation15465,862,890
Administration15535,642,483
21st Century Strategic Technology
Learning Growth9361,882,410
Improved Instructional Programs15634,387,231
Advanced Placement053775,245
Basic Foundation Allowances1,514,229,305
Less Local Share(358,289,205)
Total Basic State Aid1,155,940,100
Public Employees' Insurance Matching012202,961,229
Teachers' Retirement System01949,839,994
School Building Authority45323,345,075
Retirement Systems-Unfunded Liability775289,707,000
Total$1,721,793,398
48-State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2009 Org 0402
Personal Services001$1,039,288
Annual Increment00421,910
Employee Benefits010367,061
Unclassified0991,210,000
Wood Products-Forestry Vocational
Program14657,530
Albert Yanni Vocational Program147150,000
Vocational Aid14817,202,326
Adult Basic Education1493,895,435
Program Modernization3051,000,000
Technical and Secondary Program
Improvement Staff330293,054
GED Testing339583,238
Aquaculture Support76989,533
FFA Grant Awards83913,000
Pre-Engineering Academy Program840300,000
Total$26,222,375
Any unexpended balance remaining in the appropriation for GED Testing (fund 0390, activity 339)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
49-State Board of Education-
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2009 Org 0402
Personal Services001$431,237
Annual Increment0044,836
Employee Benefits010115,435
Unclassified099179,782
Total$731,290
50-West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2009 Org 0403
Personal Services001$8,026,343
Annual Increment0048,066
Employee Benefits0103,195,238
Unclassified0991,607,491
Capital Outlay and Maintenance755125,000
BRIM Premium91366,286
Total$13,028,424
DEPARTMENT OF EDUCATION AND THE ARTS
51-Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2009 Org 0431
Unclassified (R)099$886,687
Center for Professional Development (R)1153,173,913
WV Humanities Council168450,000
Benedum Professional Development
Collaborative4271,100,000
Governor's Honor Academy (R)478500,450
Professional Development Collaborative6290
Energy Express861470,000
Special Olympic Games96625,000
BRIM Premium9134,509
Total$6,610,559
Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity 099),
Center for Professional Development (fund 0294 activity 115), Governor's Honor Academy (fund 0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517) at the close of the fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
52-Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2009 Org 0432
Personal Services001$2,549,592
Annual Increment00460,977
Employee Benefits0101,038,775
Unclassified099898,468
Culture and History Programming732292,945
Capital Outlay and Maintenance (R)755200,000
Historical Highway Marker Program (R)84475,000
BRIM Premium91348,979
Total$5,164,736
Any unexpended balances remaining in the appropriations for Capital Outlay, Repairs and
Equipment (fund 0293, activity 589), Capital Outlay, Repairs and Equipment-Surplus (fund 0293,
activity 677), Capital Outlay and Maintenance (fund 0293, activity 755), Independence Hall (fund 0293,
activity 812), and Historical Highway Marker Program (fund 0293, activity 844) at the close of the fiscal
year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The Unclassified appropriation includes funding for the arts funds, department programming funds,
grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization
of the division of culture and history and in accordance with the provisions of chapter five-a, article three,
and chapter twelve of the code.
All federal moneys received as reimbursement to the division of culture and history for moneys
expended from the general revenue fund for the arts fund and historical preservation are hereby
reappropriated for the purposes as originally made, including personal services, current expenses and equipment.
53-Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2009 Org 0433
Personal Services001$991,852
Annual Increment00436,840
Employee Benefits010375,662
Unclassified099240,587
Services to Blind and Handicapped181183,750
BRIM Premium91324,817
Total$1,853,508
54-Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2009 Org 0439
Personal Services001$3,195,396
Annual Increment00469,536
Employee Benefits0101,106,562
Unclassified (R)0991,042,965
Mountain Stage249300,000
Capital Outlay and Maintenance (R)755100,000
BRIM Premium91356,048
Total$5,870,507
Any unexpended balances remaining in the appropriations for Unclassified (fund 0300, activity 099)
and Capital Outlay and Maintenance (fund 0300, activity 755) at the close of the fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
55-State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2009 Org 0932
Personal Services001$7,439,147
Annual Increment004166,317
Independent Living Services009500,000
Employee Benefits0102,838,985
Unclassified099502,066
Workshop Development1631,816,149
Supported Employment Extended Services206119,032
Ron Yost Personal Assistance Fund (R)407400,000
Employment Attendant Care Program598229,000
Capital Outlay and Maintenance (R)755200,000
BRIM Premium91367,033
Total$14,277,729
Any unexpended balances remaining in the appropriations for Ron Yost Personal Assistance Fund
(fund 0310, activity 407), Capital Outlay, Repairs and Equipment-Surplus (fund 0310, activity 677), and
Capital Outlay and Maintenance (fund 0310, activity 755) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Workshop Development (activity 163), funds shall be used
exclusively with the private non-profit community rehabilitation program organizations known as work
centers or sheltered workshops. The appropriation shall also be used to continue the support of the
program, services, and individuals with disabilities currently in place at those 31 organizations.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
56-Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2009 Org 0311
Personal Services001$73,982
Annual Increment004260
Employee Benefits01016,833
Unclassified09949,935
BRIM Premium913684
Total$141,694
57-Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2009 Org 0313
Personal Services001$3,510,144
Annual Increment00471,462
Employee Benefits0101,218,217
Unclassified0991,024,862
Dam Safety607207,477
West Virginia Stream Partners Program63777,396
WV Contribution to River Commissions776148,485
Office of Water Resources
Non-Enforcement Activity8551,166,633
Water Resources Protection
and Management068567,475
BRIM Premium91356,802
Welch DEP Office Continuing Operation 99379,115
Total$8,128,068
58-Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2009 Org 0325
Unclassified099$96,733
BRIM Premium9132,771
Total$99,504
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
59-Department of Health and Human Resources-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2009 Org 0501
Unclassified099$214,461
Women's Commission (R)191194,487
Commission for the Deaf
and Hard of Hearing704258,396
Total$667,344
Any unexpended balance remaining in the appropriation for the Women's Commission (fund 0400,
activity 191) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
60-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2009 Org 0506
Personal Services001$7,860,235
Annual Increment004207,144
Employee Benefits0103,169,593
Chief Medical Examiner0454,022,767
Unclassified0995,127,035
Safe Drinking Water Program187533,563
Women, Infants and Children21065,000
Basic Public Health Services Support2123,359,583
Early Intervention2233,307,043
Cancer Registry225285,854
ABCA Tobacco Retailer Education
Program-Transfer239200,000
CARDIAC Project375470,000
State EMS Technical Assistance3791,434,441
EMS Program for Children38150,686
Statewide EMS Program Support (R)383958,394
Primary Care Centers-Mortgage Finance413786,918
Black Lung Clinics 467198,646
Center for End of Life545250,000
Women's Right to Know54640,000
Pediatric Dental Services550150,216
Vaccine for Children 551440,275
Adult Influenza Vaccine55265,000
Tuberculosis Control 553256,480
Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R)5757,837,985
Epidemiology Support6261,729,371
Primary Care Support6288,846,513
State Aid to Local Health Departments70212,050,718
Health Right Free Clinics7272,749,336
Capital Outlay and Maintenance (R)755250,000
Healthy Lifestyles (R)778168,000
Emergency Response Entities -
Special Projects8221,000,000
Assistance to Primary Health Care
Centers Community Health
Foundation (R)8451,150,000
Osteoporosis and Arthritis Prevention849289,145
Tobacco Education Program (R)9065,680,185
BRIM Premium913211,214
State Trauma and Emergency Care System9181,350,547
Total$76,551,887
Any unexpended balances remaining in the appropriations for Statewide EMS Program Support
(fund 0407, activity 383), Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees
(fund 0407, activity 575), Capital Outlay and Maintenance (fund 0407, activity 755), Healthy Lifestyles
(fund 0407, activity 778), Assistance to Primary Health Care Centers Community Health Foundation
(fund 0407, activity 845) and Tobacco Education Program (fund 0407, activity 906) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified (activity 099), an amount not less than $100,000 is
for the West Virginia Cancer Coalition.
From the above appropriation for Maternal and Child Health Clinics,
Clinicians and Medical Contracts and Fees (fund 0407, activity 575) $250,000 is for the West Virginia
University Center for Excellence in Women's Health.
From the Unclassified line item (activity 099), $50,000 shall be expended for the West Virginia Aids
Coalition. Also included in the above appropriation for Unclassified, is an additional $100,000 for
Human Papillomavirus (HPV) Education.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line item,
$400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer (activity
239), $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org
0708) for expenditure.
Included in the above appropriation for Primary Care Centers-Mortgage Finance is $50,000 for the
mortgage payment for the Lincoln Primary Care Center, Inc.; $53,140 for the mortgage payment for the
Monroe Health Center; $42,564 for the mortgage payment for Roane County Family Health Care, Inc.;
$30,000 for the mortgage payment for the Tug River Health Association, Inc.; $48,000 for the mortgage
payment for the Primary Care Systems (Clay); $20,000 for the mortgage payment for the Belington
Clinic; $30,000 for the mortgage payment for the Tri-County Health Clinic; $15,000 for the mortgage
payment for Valley Health Care (Randolph); $58,560 for the mortgage payment for Valley Health
Systems, Inc. (Woman's Place and Harts Health Clinic); $8,000 for the mortgage payment for Northern
Greenbrier Health Clinic; $12,696 for the mortgage payment for the Women's Care, Inc. (Putnam);
$25,000 for the mortgage payment for the Preston-Taylor Community Health Centers, Inc.; $20,000 for
the mortgage payment for the North Fork Clinic (Pendleton); $40,000 for the mortgage payment for the
Pendleton Community Care; $38,400 for the mortgage payment for Clay-Battelle Community Health
Center; $33,600 for the mortgage payment for Mountaineer Health Clinic in Paw Paw; $13,000 for the
mortgage payment for the St. George Medical Clinic; $28,000 for the mortgage payment for the Bluestone
Health Center; $45,000 for the mortgage payment for Wheeling Health Right; $48,000 for the mortgage
payment for the Minnie Hamilton Health Care Center, Inc.; $54,000 for the mortgage payment for the
Shenandoah Valley Medical Systems, Inc.; $45,000 for the mortgage payment for the Change, Inc.; and
$28,958 for the mortgage payment for the Wirt County Health Services Association.
Also included in the above appropriation for State Aid to Local Health Departments is additional
funding for salary increases.
From the above appropriation for Unclassified (activity 099), $50,000 is for Hospital Hospitality House of Huntington.
61-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2009 Org 0506
Personal Services001$666,257
Annual Increment00414,869
Employee Benefits010266,951
Special Olympics20826,074
Behavioral Health Program-
Unclassified (R)21952,829,562
Family Support Act2211,093,923
Institutional Facilities Operations (R)33584,999,251
Capital Outlay and Maintenance (R)7552,000,000
Colin Anderson Community Placement (R)8031,164,000
Renaissance Program804194,000
BRIM Premium9131,088,070
Total$144,342,957
Any unexpended balances remaining in the appropriations for Behavioral Health Program-
Unclassified (fund 0525, activity 219), Institutional Facilities Operations (fund 0525, activity 335),
Capital Outlay (fund 0525, activity 511), Capital Outlay and Maintenance (fund 0525, activity 755), and
Colin Anderson Community Placement (fund 0525, activity 803) at the close of the fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
The secretary shall, within fifteen days after the close of the six-month period of said fiscal year, file
with the legislative auditor and the department of revenue an itemized report of expenditures made during
the preceding six-month period.
Included in the above appropriation for Behavioral Health Program - Unclassified (fund 0525, activity 219) is $150,000 for the Four Angels Substance Abuse Treatment Project development.
From the above appropriation to Institutional Facilities Operations, together with available funds
from the division of health-hospital services revenue account (fund 5156, activity 335), on July 1, 2008,
the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land
division as advance payment for the purchase of food products; actual payments for such purchases shall
not be required until such credits have been completely expended.
Additional funds have been appropriated in fund 5156, fiscal year 2009, organization 0506, for the
operation of the institutional facilities. The secretary of the department of health and human resources
is authorized to utilize up to ten percent of the funds from the Institutional Facilities Operations line item
to facilitate cost effective and cost saving services at the community level.
62-Division of Health-
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2009 Org 0506
West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$700,000
The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be transferred
to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the
Drinking Water Treatment Revolving-Administrative Expense Fund as provided by chapter sixteen of
the code.
63-Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2009 Org 0510
Personal Services001$735,925
Annual Increment00419,912
Employee Benefits010231,987
Unclassified099261,293
BRIM Premium91319,326
Total$1,268,443
64-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2009 Org 0511
Personal Services001$26,896,975
Annual Increment004773,138
Employee Benefits01010,631,343
Unclassified09917,208,257
Child Care Development1441,271,030
Medical Services Contracts and Office
of Managed Care1832,335,469
Medical Services (R)189393,705,687
Social Services19575,586,872
Family Preservation Program1961,565,000
Family Resource Networks (R)2741,905,367
Domestic Violence Legal Services Fund384400,000
James 'Tiger' Morton Catastrophic
Illness Fund455942,395
Child Protective Services Case Workers 46817,141,545
Medical Services Trust Fund Transfer 5125,000,000
OSCAR and RAPIDS 5153,522,921
WV Teaching Hospitals
Tertiary/Safety Net5476,356,000
Child Welfare System 6032,664,962
In-Home Family Education6881,000,000
WV Works Separate State Program6985,000,000
Child Support Enforcement7056,902,512
Medicaid Auditing706603,904
Temporary Assistance for Needy
Families/Maintenance of Effort70722,969,096
Child Care Maintenance of
Effort Match7085,693,743
Child and Family Services7362,850,000
Grants for Licensed Domestic Violence
Programs and Statewide Prevention7501,500,000
Capital Outlay and Maintenance75525,000
Medical Services Administrative Costs78918,531,012
Indigent Burials (R)8511,700,000
BRIM Premium913834,187
Rural Hospitals Under 150 Beds9402,596,000
Children's Trust Fund-Transfer 951300,000
Total$638,412,415
Any unexpended balances remaining in the appropriations for Medical Services (fund 0403, activity
189), Family Resource Networks (fund 0403, activity 274), and Indigent Burials (fund 0403, activity 851)
at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for James 'Tiger' Morton Catastrophic Illness Fund (activity 455) shall be
transferred to the James 'Tiger' Morton Catastrophic Illness Fund (fund 5454) as provided by chapter
sixteen, article five-q, of the code.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be
transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department
of health and human resources shall have the authority to transfer funds within the above account:
Provided, That no more than five percent of the funds appropriated to one line item may be transferred
to other line items: Provided, however, That no funds from other line items shall be transferred to the
personal services line item.
From the above appropriation for Child Support Enforcement (fund 0403, activity 705) an amount
not to exceed $300,000 may be transferred to a local banking depository to be utilized to offset funds
determined to be uncollectible.
From the above appropriation for the Grants for Licensed Domestic Violence Programs and
Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the fourteen
(14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV).
Any unexpended balance remaining in the appropriation for Grants for Licensed Domestic Violence
Programs and Statewide Prevention (activity 750), shall be distributed according to the formula
established by the Family Protection Services Board.
The secretary shall have authority to expend funds for the educational costs of those children residing
in out-of-state placements, excluding the costs of special education programs.
The above appropriation for Children's Trust Fund-Transfer (activity 951) shall be transferred to the
Children's Fund (fund 5469, org 0511).
From the WV Works Separate State Program (activity 698), $1,700,000 shall be transferred to the
WV WORKS Separate State College Program Fund, and $3,300,000 shall be transferred to the WV
WORKS Separate State Two Parent Families Program Fund.
From the above appropriation for Medical Services (activity 189), the division shall expend any
funds necessary to comply with the Court Order dated March 15, 2000 in the Benjamin H. Et. Al. Joan
Ohl case.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
65-Department of Military Affairs and
Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2009 Org 0601
Unclassified (R)099$540,719
BRIM Premium9139,404
Homeland State Security Administrative
Agency (R)953578,999
WV Fire and EMS Survivor Benefit939250,000
Total$1,379,122
Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, activity 099),
Capital Outlay (fund 0430, activity 511), Interoperable Communications System-Surplus (fund 0430,
activity 771) and Homeland State Security Administrative Agency (fund 0430, activity 953), at the close
of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
66-Adjutant General-
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2009 Org 0603
Personal Services001$0
Annual Increment0040
Employee Benefits0100
Unclassified (R)09920,054,605
Mountaineer ChalleNGe Academy7090
BRIM Premium9130
Total$20,054,605
Any unexpended balances remaining in the appropriations for Unclassified (fund 0433, activity 099), and Armory Capital Improvements-Surplus (fund 0433, activity 325) at the close of the fiscal year 2008
are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation an amount approved by the adjutant general and the secretary of
military affairs and public safety may be transferred to the State Armory Board for operation and
maintenance of National Guard Armories.
From the above appropriation for Unclassified (fund 0433, activity 099) $100,000 is for the Oak Hill
Armory and an amount not less than $1,200,000 is for the Mountaineer ChalleNGe Academy.
67-Adjutant General-
Military Fund
(WV Code Chapter 15)
Fund 0605 FY 2009 Org 0603
Unclassified-Total096$200,000
68-West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2009 Org 0605
Personal Services001$191,650
Annual Increment0042,307
Employee Benefits010224,707
Unclassified099209,172
Salaries of Members of West Virginia
Parole Board227455,000
BRIM Premium91313,681
Total$1,096,517
69-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 0443 FY 2009 Org 0606
Personal Services001$428,083
Annual Increment0048,060
Employee Benefits010166,375
Unclassified (R)099349,637
Radiological Emergency Preparedness55430,000
Federal Funds/Grant Match (R)749742,344
Mine and Industrial Accident Rapid
Response Call Center781558,154
Early Warning Flood System (R)877522,340
BRIM Premium91335,158
Disaster Mitigation952100,000
WVU Charleston Poison Control Hotline944596,100
Total$3,536,251
Any unexpended balances remaining in the appropriations for Unclassified (fund 0443, activity 099),
Flood Reparations (fund 0443, activity 400), Homeland Security Over Obligation-Surplus (fund 0443,
activity 693), Federal Funds/Grant Match (fund 0443, activity 749), Early Warning Flood System (fund
0443, activity 877), and Homeland Security Grant Match-Surplus (fund 0443, activity 957) at the close
of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
70-Division of Corrections-
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2009 Org 0608
Personal Services001$415,385
Annual Increment0047,235
Employee Benefits010130,271
Unclassified099103,470
Total$656,361
Any unexpended balance remaining in the appropriation for Management Information System (fund
0446, activity 398) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.
71-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2009 Org 0608
Employee Benefits010$363,744
Childrens Protection Act (R)090927,500
Unclassified 0991,303,949
Charleston Work Release4561,361,601
Beckley Correctional Center4901,004,662
Huntington Work Release495902,862
Anthony Center 5044,693,121
Huttonsville Correctional Center 51420,592,822
Northern Correctional Facility 5346,882,871
Inmate Medical Expenses (R)53522,726,064
Pruntytown Correctional Center 5436,820,548
Payments to Federal, County and/or
Regional Jails55520,000,000
Corrections Academy5691,287,167
Martinsburg Correctional Center6633,328,255
Parole Services6862,462,243
Special Services 6873,183,086
Capital Outlay and Maintenance (R)7552,000,000
Stephens Correctional Facility 7915,724,500
St. Mary's Correctional Facility 88113,037,432
Denmar Correctional Facility 8824,319,182
Ohio County Correctional Facility8831,510,923
Mt. Olive Correctional Facility88820,119,819
Lakin Correctional Facility89610,470,456
BRIM Premium913923,862
Total$155,946,669
Any unexpended balances remaining in the appropriations for Children's Protection Act (fund 0450,
activity 090), Unclassified- Surplus (fund 0450, activity 097), Inmate Medical Expenses (fund 0450,
activity 535), and Capital Outlay and Maintenance (fund 0450, activity 755) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The commissioner of corrections shall, within fifteen days after the close of each six-month period
of said fiscal year, file with the legislative auditor and the department of revenue an itemized report of
expenditures made during the preceding six-month period. Such report shall include the total of
expenditures made for personal services, annual increment, current expenses (inmate medical expenses
and other), repairs and alterations and equipment.
The commissioner of corrections shall also have the authority to transfer between line items
appropriated to the individual correctional units above and may transfer funds from the individual units
to Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) or Inmate Medical
Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2008, the sum of three hundred thousand
dollars shall be transferred to the department of agriculture-land division as advance payment for the
purchase of food products; actual payments for such purchases shall not be required until such credits
have been completely expended.
72-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2009 Org 0612
Personal Services001$42,344,076
Annual Increment004250,154
Employee Benefits0108,635,864
Childrens Protection Act090943,127
Unclassified0998,903,839
Vehicle Purchase4512,000,000
Barracks Lease Payments556440,088
Communications and
Other Equipment (R)5581,013,285
Trooper Retirement Fund6054,250,347
Retirement Systems-Unfunded Liability7751,271,000
Handgun Administration Expense74778,388
Capital Outlay and Maintenance (R)755500,000
Automated Fingerprint
Identification System (R)898642,083
BRIM Premium9135,714,983
Total$76,987,234
Any unexpended balances remaining in the appropriations for Barracks Maintenance and
Construction (fund 0453, activity 494), Communications and Other Equipment (fund 0453, activity 558),
Capital Outlay and Maintenance (fund 0453, activity 755), Law Enforcement-Special Projects (fund 0453,
activity 787), and Automated Fingerprint Identification System (fund 0453, activity 898) at the close of
the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Capital Outlay and Maintenance, the sum of $250,000 shall be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun County
Board of Education is willing to donate the land for the site to the State Police, and provided further that
any site preparation needed on the site shall be completed as part of the donation.
From the above appropriation for Personal Services, an amount not less than $25,000 shall be
expended to offset the costs associated with providing police services for the West Virginia State Fair.
73-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2009 Org 0613
Personal Services001$1,080,974
Annual Increment00443,710
Employee Benefits010428,109
Unclassified099214,847
Veterans' Field Offices228175,985
Veterans' Nursing Home (R)2866,511,329
Veterans' Toll Free Assistance Line3285,000
Veterans' Reeducation Assistance (R)329211,604
Veterans' Grant Program (R)342150,000
Memorial Day Patriotic Exercise69720,000
Educational Opportunities for
Children of Deceased Veterans (R)854100,000
Veterans' Grave Markers47315,750
Veterans' Transportation485975,000
BRIM Premium91323,860
Total$9,956,168
Any unexpended balances remaining in the appropriations for Veterans' Nursing Home (fund 0456, activity 286), Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans' Grant Program (fund
0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385), Veterans' Bonus (fund
0456, activity 483), and Educational Opportunities for Children of Deceased Veterans (fund 0456,
activity 854) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the
fiscal year 2009.
The above appropriation for Veterans' Nursing Home (fund 0456, activity 286) may be transferred
to the Veterans Facilities Support Fund (fund 6703, org 0613) at the discretion of the director of the
Division of Veterans' Affairs.
74-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2009 Org 0618
Personal Services001$745,703
Annual Increment00424,944
Employee Benefits010340,249
Unclassified09980,019
Total$1,190,915
75-Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2009 Org 0619
Unclassified-Total096$87,853
76-Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2009 Org 0620
Personal Services001$309,419
Annual Increment0044,525
Employee Benefits010104,818
Unclassified099136,879
Community Corrections (R)5613,500,000
Statistical Analysis Program59751,329
Grants Program694500,000
Child Advocacy Centers4581,000,000
BRIM Premium9131,660
Total$ 5,608,630
Any unexpended balances remaining in the appropriations for Community
Corrections-Surplus(fund 0546, activity 060) and Community Corrections (fund 0546, activity 561) at
the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Child Advocacy Centers (fund 0546, activity 458), the division
may retain an amount not to exceed 5% of the total appropriation for administrative purposes.
77-Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2009 Org 0621
Jones Building Treatment Center261$1,770,000
Statewide Reporting Centers2621,480,700
Robert L. Shell Juvenile Center (R)2672,097,569
Central Office (R) 7012,307,233
Capital Outlay and Maintenance (R)755500,000
Gene Spadaro Juvenile Center (R) 7932,101,329
BRIM Premium913113,016
WV Industrial Home for Youth (R) 97911,177,004
Davis Center (R) 9802,982,871
Eastern Regional Juvenile Center (R)9812,058,683
Northern Regional Juvenile Center (R) 9821,110,465
North Central Regional
Juvenile Center (R)9831,871,644
Southern Regional Juvenile Center (R) 9841,930,002
Tiger Morton Center (R) 9852,077,929
Donald R. Kuhn Juvenile Center (R) 9864,152,672
J.M. 'Chick' Buckbee
Juvenile Center (R) 9871,989,111
Total$39,720,228
Any unexpended balances remaining in the appropriations for Robert L. Shell Juvenile Center (fund
0570, activity 267), Central Office (fund 0570, activity 701), Capital Outlay and Maintenance (fund 0570,
activity 755), Southern WV Youth Diagnostic Center (fund 0570, activity 792), Gene Spadaro Juvenile
Center (fund 0570, activity 793), WV Industrial Home for Youth (fund 0570, activity 979), Davis Center
(fund 0570, activity 980), Eastern Regional Juvenile Center (fund 0570, activity 981), Northern Regional
Juvenile Center (fund 0570, activity 982), North Central Regional Juvenile Center (fund 0570, activity
983), Southern Regional Juvenile Center (fund 0570, activity 984), Tiger Morton Center (fund 0570,
activity 985), Donald R. Kuhn Juvenile Center (fund 0570, activity 986), J.M. 'Chick' Buckbee Juvenile
Center (fund 0570, activity 987), Salem Canine (fund 0570, activity 988), Davis Canine (fund 0570,
activity 989), and The Academy (fund 0570, activity 990) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009, with the exception of fund 0570, fiscal year
2004, activity 701 ($501.03); fund 0570, fiscal year 2006, activity 267 ($216,431.76); fund 0570, fiscal
year 2007, activity 267 ($9,285.16); Fund 0570 fiscal year 2006, activity 792 ($6,611.33); fund 0570,
fiscal year 2007, activity 792 ($100,000.00); fund 0570, fiscal year 2006, activity 793 ($42,198.25); fund
0570, fiscal year 2007, activity 793 ($35,000.00); fund 0570, fiscal year 2006, activity 701 ($165,327.61);
fund 0570, fiscal year 2007, activity 701 ($29,227.19); fund 0570, fiscal year 2006, activity 979
($211,279.38); fund 0570, fiscal year 2007, activity 979 ($130,000); fund 0570, fiscal year 2006, activity 980 ($3,541.98); fund 0570, fiscal year 2006, activity 981 ($127,700.58); fund 0570, fiscal year 2007,
activity 981 ($460,000.00); fund 0570, fiscal year 2006, activity 983 ($52,532.92); fund 0570, fiscal year
2007, activity 983 ($73.00); fund 0570, fiscal year 2006, activity 984 ($46,871.46); fund 0570, fiscal year
2006, activity 985 ($53,802.04); fund 0570, fiscal year 2007, activity 985 ($63,028.27); fund 0570, fiscal
year 2006, activity 986 ($11,391.53);
fund 0570, fiscal year 2006, activity 987 ($124,477.40); fund 0570, fiscal year 2007, activity 987
($25,000.00); fund 0570, fiscal year 2007, activity 988 ($36,044.51); fund 0570, fiscal year 2007, activity
989 ($1,436.77); fund 0570, fiscal year 2006, activity 990 ($42,508.92); fund 0570, fiscal year 2007,
activity 990 ($5,728.91); which shall expire on June 30, 2008.
The director shall, within fifteen days after the close of each six-month period of said fiscal year, file
with the legislative auditor and the department of revenue an itemized report of expenditures made during
the preceding six-month period. Such report shall include the total expenditures made for personal
services, annual increment, current expenses, repairs and alterations, and equipment.
From the above appropriations, on July 1, 2008, the sum of fifty thousand dollars shall be transferred
to the department of agriculture-land division as advance payment for the purchase of food products;
actual payments for such purchases shall not be required until such credits have been completely
expended.
The director of juvenile services shall also have the authority to transfer between line items
appropriated to the individual juvenile centers above.
78-Division of Protective Services
(WV Code Chapter 5F)
Fund 0585 FY 2009 Org 0622
Personal Services001$1,348,894
Annual Increment00438,090
Employee Benefits010577,613
Unclassified (R)099440,451
BRIM Premium9137,026
Total$2,412,074
Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity 070)
and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2008 are hereby reappropriated
for expenditure during the fiscal year 2009.
DEPARTMENT OF REVENUE
79-Office of the Secretary
(WV Code Chapter 11)
Fund 0465 FY 2009 Org 0701
Unclassified-Total096$876,428
Any unexpended balance remaining in the appropriation for Unclassified (fund 0465, activity 099)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
80-Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2009 Org 0702
Personal Services (R)001$13,178,514
Annual Increment004322,206
Employee Benefits (R)0104,722,547
Unclassified (R)0998,999,097
GIS Development Project (R)562150,000
Remittance Processor (R)570381,015
Multi State Tax Commission65377,958
BRIM Premium91314,420
Total$27,845,757
Any unexpended balances remaining in the appropriations for Personal Services (fund 0470, activity
001), Employee Benefits (fund 0470, activity 010), Tax Technology Upgrade (fund 0470, activity 094), Unclassified (fund 0470, activity 099), Integrated Tax Accounting System (fund 0470, activity 292), GIS
Development Project (fund 0470, activity 562), and Remittance Processor (fund 0470, activity 570) at
the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
81-State Budget Office
(WV Code Chapter 11B)
Fund 0595 FY 2009 Org 0703
Unclassified (R)099$936,212
Pay Equity Reserve364250,000
BRIM Premium9135,183
Total$1,191,395
Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, activity 099)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
82-West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2009 Org 0709
Unclassified-Total (R)096$685,819
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0593, activity
096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year
2009.
83-Division of Professional and
Occupational Licenses-
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2009 Org 0933
Unclassified-Total096$89,500
DEPARTMENT OF TRANSPORTATION
84-State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2009 Org 0804
Unclassified099$2,617,304
BRIM Premium913205,260
Total$2,822,564
From the above appropriation for Unclassified (activity 099), $30,000 shall be expended for
improvements at the Duffield Station.
85-Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2009 Org 0805
Unclassified (R)099$1,758,342
Federal Funds/Grant Match(R)7491,265,000
Total$3,023,342
Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity 099),
Grant Match (fund 0510, activity 388), and Federal Funds/Grant Match (fund 0510, activity 749) at the
close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
86-Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2009 Org 0806
Unclassified (R)099$437,851
BRIM Premium9135,570
Total$443,421
Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0581, activity
096) and Unclassified (fund 0581, activity 099) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
87-Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2009 Org 0807
Unclassified (R)099$1,317,600
Civil Air Patrol234163,258
Total$1,480,858
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0582,
activity 097) and Unclassified (fund 0582, activity 099) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified, the sum of $120,000 shall be distributed equally to
each of the twelve local Civil Air Patrol Squadrons.
BUREAU OF SENIOR SERVICES
88-Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2009 Org 0508
Any unexpended balance remaining in the appropriation for Unclassified-Total-Surplus (fund 0420,
activity 284) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
HIGHER EDUCATION
89-West Virginia Council for
Community and Technical College Education-
Control Account
(WV Code Chapter 18B)
Fund 0596 FY 2009 Org 0420
New River Community and
Technical College358$5,673,054
West Virginia Council for Community
and Technical Education (R)392886,664
Eastern West Virginia Community and
Technical College4122,062,115
West Virginia State Community and
Technical College4454,038,673
Southern West Virginia Community and
Technical College4468,633,197
West Virginia Northern Community and
Technical College4477,710,716
West Virginia University-
Parkersburg4719,735,011
West Virginia University Institute
for Technology Community and
Technical College4863,896,885
Marshall Community and
Technical College4875,911,742
Community College
Workforce Development (R)8781,000,000
Blue Ridge Community and
Technical College8852,955,463
College Transition Program (R)887333,500
West Virginia Advance Workforce
Development (R)8934,000,000
Technical Program Development (R)8942,500,000
Pierpont Community and Technical College9308,328,395
Total$67,665,415
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0596,
activity 097), Unclassified (fund 0596, activity 099), the West Virginia Council for Community and
Technical Education (fund 0596, activity 392), Community College Workforce Development (fund 0596,
activity 878), College Transition Program (fund 0596, activity 887), West Virginia Advance Workforce
Development (fund 0596, activity 893), and Technical Program Development (fund 0596, activity 894)
at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for the Community College Workforce Development (activity 878),
$200,000 shall be expended on the Mine Training Program in Southern West Virginia.
The institutions operating with special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost for
their respective institutions.
90-Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2009 Org 0441
Unclassified099$2,981,965
Higher Education Grant Program16434,084,576
WVNET1692,072,112
VISTA E-Learning (R)519300,000
PROMISE Scholarship-Transfer80014,616,000
HEAPS Grant Program8675,003,696
BRIM Premium91356,054
Total$59,114,403
Any unexpended balances remaining in the appropriations for Research Challenge (fund 0589,
activity 502), VISTA E-Learning (fund 0589, activity 519), and Vice Chancellor for Health Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Higher Education Grant Program (activity 164) shall be transferred to
the Higher Education Grant Fund (fund 4933, org 0441) established by chapter eighteen-c, article five,
section three.
The above appropriation for PROMISE Scholarship-Transfer (activity 800) shall be transferred to
the PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven,
section seven.
From the above appropriation for Unclassified (activity 099) $800,0000 is for West Liberty State
College Highland Complex.
91-Higher Education Policy Commission-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2009 Org 0442
WVU School of Health Science-
Eastern Division056$2,605,638
School of Osteopathic Medicine1727,448,615
Marshall Medical School17312,331,828
WVU-School of Health Sciences17417,095,568
WVU School of Health Sciences-
Charleston Division1752,615,805
Rural Health Outreach Programs377600,000
School of Osteopathic Medicine
BRIM Subsidy403174,475
Bluefield State College4086,442,321
Concord University4109,977,767
Fairmont State University41413,769,754
Glenville State College4286,489,617
Shepherd University43211,018,482
West Liberty State College4399,125,137
West Virginia State University44110,734,590
Marshall University44849,306,129
Marshall University Medical School
BRIM Subsidy4491,015,462
West Virginia University459115,512,018
West Virginia University School of
Medicine BRIM Subsidy4601,400,038
West Virginia University Institute
for Technology4798,547,469
State Priorities-Brownfield Professional
Development (R)531902,830
Rural Health Initiative-Medical
Schools Support581475,235
Area Health Education Centers7430
West Virginia State University Land
Grant Match9561,908,000
West Virginia University-
Potomac State 9944,604,493
Total$294,101,271
Any unexpended balances remaining in the appropriations for Marshall School of Medicine-Surplus
(fund 0586, activity 452), WVUIT-ABET Accreditation (fund 0586, activity 454), Jackson's Mill (fund 0586, activity 461), State Priorities-Brownfield Professional Development (fund 0586, activity 531),
Jackson's Mill-Surplus (fund 0586, activity 842), Higher Education-Special Projects-Surplus (fund 0586,
activity 946), and Blanchette Rockefeller Neurological Services-Surplus (fund 0586, activity 947) at the
close of fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
Included in the appropriation for WVU-School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively, for Graduate Medical Education
which may be transferred to the Department of Health and Human Resources' Medical Service Fund
(fund 5084) for the purpose of matching federal or other funds to be used in support of graduate medical
education, subject to approval of the Vice-Chancellor for Health Sciences and the Secretary of the
Department of Health and Human Resources. If approval is denied, the funds may be utilized by the
respective institutions for expenditure on graduate medical education.
Included in the above appropriation for WVU-School of Health Sciences is $800,000 for the
Blanchette Rockefeller Project.
Included in the above appropriation for Glenville State College is $200,000 for a 13 county
consortium between the County School Systems and Glenville State and $25,000 is for Glenville State
Athletic Program.
Included in the above appropriation for West Virginia University is $34,500 for the Marshall and
WVU Faculty and Course Development International Study Project, $246,429 for the WVU Law
School-Skills Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the
WVU College of Engineering and Mineral Resources-Diesel Training-Transfer, $82,500 for the
WVU-Sheep Study, $500,000 for the Mining Engineering Program, $500,000 for the Center for Multiple
Sclerosis Program, $550,000 for the Davis College of Forestry Agriculture and Consumer Sciences
various improvements, $200,000 for Reedsville Arena, Meat Labs, and outreach activities, $80,000 for
a Landscape Architect at Davis College of Forestry Agriculture and Consumer Sciences, $100,000 for
the WVU-Soil Testing Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000
for the WVU Petroleum Engineering Program, $260,000 for the Alzheimer's Disease Registry, $110,000 for the rifle team, $250,000 for the Jackson's Mill Arena building, $500,000 for the Jackson's Mill
Infrastructure electricity and water, and $100,000 for Turkey Research at Raymann Memorial Farms.
Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall
University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall University-
Southern WV CTC 2+2 Program.
Included in the above appropriation for Concord University is $100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd University is $100,000 for the Gateway Program.
From the above appropriation for State Priorities-Brownfield Professional Development (fund 0586,
activity 591) $50,000 shall be made payable to both Marshall University and West Virginia University
for a demographer.
From the above appropriation for Rural Health Outreach Programs (fund 0586, activity 377) includes
rural health activities and programs; rural residency development and education; and rural outreach
activities. These funds shall be dispersed equally among the three (3) medical schools.
From the above appropriation for WVU-Potomac State is $50,000 for maintenance, repairs and
equipment, $75,000 for Potomac State Farms for maintenance, repairs, and equipment and $82,500 for
the Potomac State Equine Program.
The institutions operating from special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium cost for
their respective institutions.
From the above appropriations to the respective medical schools, the line items for BRIM subsidies
funding shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy
against the 'Total Premium Billed' to each institution as part of the full cost of their malpractice insurance
coverage.
Total TITLE II, Section 1-General Revenue$3,902,732,810
Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter eleven-b
of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
DEPARTMENT OF TRANSPORTATION
92-Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2009 Org 0802
State
Road
ActivityFund
Personal Services001$15,153,148
Annual Increment004318,804
Employee Benefits0106,626,528
Unclassified09912,747,633
Total$34,846,113
93-Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2009 Org 0803
Debt Service040$50,000,000
Maintenance 237296,608,000
Maintenance, Contract Paving and
Secondary Road Maintenance272100,000,000
Bridge Repair and Replacement27350,000,000
Inventory Revolving2752,000,000
Equipment Revolving27615,000,000
General Operations27745,370,538
Interstate Construction27880,000,000
Other Federal Aid Programs279325,700,000
Appalachian Programs280160,000,000
Nonfederal Aid Construction28130,000,000
Highway Litter Control2821,699,000
Total$1,156,377,538
The above appropriations are to be expended in accordance with the provisions of chapters seventeen
and seventeen-c of the code.
The commissioner of highways shall have the authority to operate revolving funds within the state
road fund for the operation and purchase of various types of equipment used directly and indirectly in the
construction and maintenance of roads and for the purchase of inventories and materials and supplies.
There is hereby appropriated within the above items sufficient money for the payment of claims,
accrued or arising during this budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all federal funds available for expenditure on
the Appalachian highway system at the earliest possible time. Therefore, should amounts in excess of
those appropriated be required for the purposes of Appalachian programs, funds in excess of the amount
appropriated may be made available upon recommendation of the commissioner and approval of the
governor. Further, for the purpose of Appalachian programs, funds appropriated to line items may be
transferred to other line items upon recommendation of the commissioner and approval of the governor.
Total TITLE II, Section 2-State Road Fund$1,191,937,541
Sec. 3. Appropriations from other funds.-From the funds designated there are hereby appropriated
conditionally upon the fulfillment of the provisions set forth in article two, eleven-b of the code the
following amounts, as itemized, for expenditure during the fiscal year two thousand nine.
LEGISLATIVE
94-Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2009 Org 2300
Other
ActivityFunds
Personal Services001$286,000
Annual Increment0046,200
Employee Benefits010109,200
Unclassified099135,603
Economic Loss Claim Payment Fund (R)3343,597,775
Total$4,134,778
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment Fund
(fund 1731, activity 334) at the close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
EXECUTIVE
95-Auditor's Office-
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2009 Org 1200
Personal Services001$286,431
Annual Increment0049,300
Employee Benefits010134,986
Unclassified099676,054
Total$1,106,771
There is hereby appropriated from this fund, in addition to the above appropriation, the necessary
amount for the expenditure of funds other than personal services or employee benefits to enable the
division to pay the direct expenses relating to land sales as provided in chapter eleven-a of the West
Virginia Code.
The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
96-Auditor's Office-
Local Government Purchasing Card Expenditure Fund
(WV Code Chapter 6)
Fund 1224 FY 2009 Org 1200
Unclassified-Total096$154,922
97-Auditor's Office-
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2009 Org 1200
Personal Services001$1,164,662
Annual Increment00418,316
Employee Benefits010469,696
Unclassified0991,471,122
Total$3,123,796
98-Auditor's Office-
Technology Support and Acquisition Fund
(WV Code Chapter 12)
Fund 1233 FY 2009 Org 1200
Unclassified-Total096$400,000
Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office-
Technology Support and Acquisition Fund (fund 1329, org 1300) for expenditure for the purposes
described in West Virginia Code § 12-3-10c.
99-Auditor's Office-
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2009 Org 1200
Unclassified-Total096$3,254,610
- 00-Auditor's Office-
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2009 Org 1200
Personal Services001$2,033,874
Annual Increment00439,288
Employee Benefits010705,782
Unclassified099622,315
Total$3,401,259
101-Treasurer's Office-
College Prepaid Tuition and Savings Program
Administrative Account
(WV Code Chapter 18)
Fund 1301 FY 2009 Org 1300
Unclassified-Total096$1,402,462
10- -Treasurer's Office-
Technology Support and Acquisition Fund
(WV Code Chapter 12)
Fund 1329 FY 2009 Org 1300
Unclassified-Total096$475,000
10- -Department of Agriculture-
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2009 Org 1400
Personal Services001$1,310,710
Annual Increment00422,281
Employee Benefits010472,490
Unclassified099878,386
Total$2,683,867
104-Department of Agriculture-
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2009 Org 1400
Personal Services001$53,384
Annual Increment004998
Employee Benefits01015,673
Unclassified099975,996
Total$1,046,051
105-Department of Agriculture-
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2009 Org 1400
Unclassified-Total096$100,000
The above appropriation shall be expended in accordance with article twenty-six, chapter nineteen
of the code.
106-Department of Agriculture-
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2009 Org 1400
Unclassified-Total096$1,507,094
107-Department of Agriculture-
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2009 Org 1400
Unclassified-Total096$4,539,525
108-Department of Agriculture-
Integrated Predation Management Fund
(WV Code Chapter 7)
Fund 1465 FY 2009 Org 1400
Unclassified-Total096$25,000
109-Attorney General-
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2009 Org 1500
Personal Services001$262,577
Annual Increment0042,437
Employee Benefits01079,102
Unclassified099138,055
Total$482,171
110-Attorney General-
Preneed Burial Contract Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2009 Org 1500
Unclassified-Total096$240,591
111-Attorney General-
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2009 Org 1500
Unclassified-Total096$775,000
112-Secretary of State-
Service Fees and Collection Account
(WV Code Chapters 3, 5, and 59)
Fund 1612 FY 2009 Org 1600
Personal Services001$1,199,555
Annual Increment00412,904
Employee Benefits010345,136
Unclassified0991,055,406
Total$2,613,001
DEPARTMENT OF ADMINISTRATION
113-Department of Administration-
Office of the Secretary
Employee Pension and Health Care Benefit Fund
(WV Code Chapter 18)
Fund 2044 FY 2009 Org 0201
Unclassified-Total096$3,826,000
The above appropriation for Unclassified-Total (fund 2044, activity 096) shall be transferred to the
Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers
Accumulation Fund (fund 2601).
114-Division of Information Services and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2009 Org 0210
Personal Services001$18,019,794
Annual Increment004342,459
Employee Benefits0105,979,009
Unclassified09913,519,644
Total$37,860,906
The total amount of this appropriation shall be paid from a special revenue fund out of collections
made by the division of information services and communications as provided by law.
Each spending unit operating from the general revenue fund, from special revenue funds or receiving
reimbursement for postage from the federal government shall be charged monthly for all postage meter
service and shall reimburse the revolving fund monthly for all such amounts.
115-Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2009 Org 0222
Personal Services001$2,780,493
Annual Increment00472,348
Employee Benefits010957,191
Unclassified0991,182,707
Total$4,992,739
The total amount of this appropriation shall be paid from a special revenue fund out of fees collected
by the division of personnel.
116-West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2009 Org 0228
Unclassified-Total (R)096$550,092
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 2521, activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year
2009.
117-Office of Technology-
Chief Technology Officer Administration Fund
(WV Code Chapter 5A)
Fund 2531 FY 2009 Org 0231
Unclassified-Total096$2,047,236
From the above fund, the provisions of West Virginia Code §11B-2-18 shall not operate to permit
expenditures in excess of the funds authorized for expenditure herein.
DEPARTMENT OF COMMERCE
118-Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2009 Org 0305
Personal Services001$366,741
Annual Increment0047,594
Employee Benefits010120,665
Unclassified099363,374
Total$858,374
119-Division of Forestry-
Timbering Operations Enforcement Fund
(WV Code Chapter 19)
Fund 3082 FY 2009 Org 0305
Unclassified-Total096$141,750
120-Division of Forestry-
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2009 Org 0305
Unclassified-Total096$2,248,548
121-Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2009 Org 0306
Personal Services001$25,821
Employee Benefits0102,547
Unclassified099189,911
Total$218,279
The above appropriation shall be used in accordance with section four, article two, chapter
twenty-nine of the code.
122-West Virginia Development Office-
Department of Commerce
Marketing and Communications Operating Fund
(WV Code Chapter 5B)
Fund 3002 FY 2009 Org 0307
Unclassified-Total096$3,018,485
123-Division of Labor-
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2009 Org 0308
Personal Services001$1,095,009
Annual Increment00415,928
Employee Benefits010490,417
Unclassified099517,773
Total$2,119,127
124-Division of Labor-
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2009 Org 0308
Personal Services001$80,254
Annual Increment0041,418
Employee Benefits01032,329
Unclassified09969,841
Total$183,842
125-Division of Labor-
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2009 Org 0308
Unclassified-Total096$135,595
126-Division of Labor-
Amusement Rides and Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2009 Org 0308
Unclassified-Total096$106,142
127-Division of Labor-
State Manufactured Housing Administration Fund
(WV Code Chapter 21)
Fund 3195 FY 2009 Org 0308
Personal Services001$102,203
Annual Increment0041,654
Employee Benefits01048,029
Unclassified09926,382
BRIM Premium9133,404
Total$181,672
128-Division of Labor-
Weights and Measures Fund
(WV Code Chapter 47)
Fund 3196 FY 2009 Org 0308
Unclassified-Total096$50,000
129-Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2009 Org 0310
Wildlife Resources023$5,788,830
Administration1551,427,228
Capital Improvements and
Land Purchase (R)2481,424,833
Law Enforcement8065,684,865
Total$14,325,756
The total amount of this appropriation shall be paid from a special revenue fund out of fees collected
by the division of natural resources.
Any unexpended balances remaining in the appropriations for Point of Sales Licensing System (fund
3200, activity 043), and Capital Improvements and Land Purchase (fund 3200, activity 248) at the close
of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
130-Division of Natural Resources-
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2009 Org 0310
Unclassified-Total096$75,000
131-Division of Natural Resources-
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2009 Org 0310
Personal Services001$754,478
Annual Increment00412,152
Employee Benefits010275,416
Unclassified099325,380
Total$1,367,426
132-Division of Natural Resources-
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2009 Org 0310
Personal Services001$128,043
Annual Increment0042,194
Employee Benefits01044,199
Unclassified099226,500
Total$400,936
133-Division of Natural Resources-
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2009 Org 0310
Unclassified-Total096$211,660
134-Division of Natural Resources-
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2009 Org 0310
Unclassified-Total096$20,000
135-Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3355 FY 2009 Org 0314
Personal Services001$92,456
Employee Benefits01027,467
WV Mining Extension Service026150,000
Unclassified0991,048,000
Total$1,317,923
136-Division of Energy-
Energy Assistance
(WV Code Chapter 5B)
Fund 3010 FY 2009 Org 0328
Energy Assistance-Total (R)647$300,000
Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund 3010,
activity 647) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
137-Division of Energy-
Office of Coal Field Community Development
(WV Code Chapter 5B)
Fund 3011 FY 2009 Org 0328
Unclassified-Total (R)096$835,111
Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund 3011,
activity 096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
DEPARTMENT OF EDUCATION
138-State Board of Education-
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2009 Org 0402
Unclassified-Total (R)096$807,545
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937, activity
096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year
2009.
139-State Department of Education-
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2009 Org 0402
Personal Services001$705,024
Annual Increment0048,170
Employee Benefits010244,215
Unclassified099266,715
Total$1,224,124
The above appropriation for the administrative expenses of the school building authority shall be
paid from the interest earnings on debt service reserve accounts maintained on behalf of said authority.
140-State Department of Education-
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2009 Org 0402
Personal Services001$874,564
Annual Increment00413,302
Employee Benefits010317,909
Unclassified099705,587
Total$1,911,362
DEPARTMENT OF EDUCATION AND THE ARTS
141-Office of the Secretary-
Lottery Education Fund Interest Earnings-
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2009 Org 0431
Governor's Honor Academy478$100,000
EPSCoR (R)571359,368
Educational Enhancements (R)695100,000
Literacy Project899350,000
Total$909,368
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508, activity
096), EPSCoR (fund 3508, activity 571), EPSCoR-Total (fund 3508, activity 651) and Educational
Enhancements (fund 3508, activity 695) at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
142-Division of Culture and History-
Public Records and Preservation Revenue Account
(WV Code Chapter 5A)
Fund 3542 FY 2009 Org 0432
Unclassified-Total 096$1,938,101
143-State Board of Rehabilitation-
Division of Rehabilitation Services-
West Virginia Rehabilitation Center-
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2009 Org 0932
Unclassified-Total096$905,360
DEPARTMENT OF ENVIRONMENTAL PROTECTION
144-Solid Waste Management Board
(WV Code Chapter 22C)
Fund 3288 FY 2009 Org 0312
Personal Services001$591,154
Annual Increment0044,960
Employee Benefits010185,953
Unclassified0991,792,680
Total$2,574,747
145-Division of Environmental Protection-
Hazardous Waste Management Fund
(WV Code Chapter 22)
Fund 3023 FY 2009 Org 0313
Personal Services001$311,800
Annual Increment0048,060
Employee Benefits010118,984
Unclassified099160,202
Total$599,046
146-Division of Environmental Protection-
Air Pollution Education and Environment Fund
(WV Code Chapter 22)
Fund 3024 FY 2009 Org 0313
Personal Services001$314,004
Annual Increment0043,670
Employee Benefits01092,763
Unclassified099594,510
Total$1,004,947
147-Division of Environmental Protection-
Special Reclamation Fund
(WV Code Chapter 22)
Fund 3321 FY 2009 Org 0313
Personal Services001$929,536
Annual Increment00414,780
Employee Benefits010351,585
Unclassified09916,667,832
Total$17,963,733
148-Division of Environmental Protection-
Oil and Gas Reclamation Fund
(WV Code Chapter 22)
Fund 3322 FY 2009 Org 0313
Unclassified-Total096$674,360
149-Division of Environmental Protection-
Oil and Gas Operating Permit and Processing Fund
(WV Code Chapter 22)
Fund 3323 FY 2009 Org 0313
Personal Services001$866,798
Annual Increment0044,885
Employee Benefits010302,808
Unclassified099801,653
Total$1,976,144
150-Division of Environmental Protection-
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2009 Org 0313
Personal Services001$3,979,202
Annual Increment00469,222
Employee Benefits0101,805,114
Unclassified0993,262,525
Total$9,116,063
151-Division of Environmental Protection-
Underground Storage Tank
Administrative Fund
(WV Code Chapter 22)
Fund 3325 FY 2009 Org 0313
Personal Services001$260,084
Annual Increment0048,635
Employee Benefits01093,757
Unclassified099196,796
Total$559,272
152-Division of Environmental Protection-
Hazardous Waste Emergency Response Fund
(WV Code Chapter 22)
Fund 3331 FY 2009 Org 0313
Personal Services001$500,293
Annual Increment00410,354
Employee Benefits010191,983
Unclassified099834,243
Total$1,536,873
153-Division of Environmental Protection-
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 22)
Fund 3332 FY 2009 Org 0313
Personal Services001$555,571
Annual Increment0046,002
Employee Benefits010183,266
Unclassified0994,026,024
Total$4,770,863
15- -Division of Environmental Protection-
Solid Waste Enforcement Fund
(WV Code Chapter 22)
Fund 3333 FY 2009 Org 0313
Personal Services001$1,845,498
Annual Increment00431,730
Employee Benefits010725,210
Unclassified0991,287,681
Total$3,890,119
15- -Division of Environmental Protection-
Air Pollution Control Fund
(WV Code Chapter 22)
Fund 3336 FY 2009 Org 0313
Personal Services001$3,999,994
Annual Increment00455,329
Employee Benefits0101,273,647
Unclassified0992,308,152
Total$7,637,122
15- -Division of Environmental Protection-
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2009 Org 0313
Personal Services001$158,556
Annual Increment0043,410
Employee Benefits01057,409
Unclassified099145,075
Total$364,450
15- -Division of Environmental Protection-
Stream Restoration Fund
(WV Code Chapter 22)
Fund 3349 FY 2009 Org 0313
Unclassified-Total096$945,000
15- -Division of Environmental Protection-
Litter Control Fund
(WV Code Chapter 22)
Fund 3486 FY 2009 Org 0313
Unclassified-Total096$40,000
15- -Division of Environmental Protection-
Recycling Assistance Fund
(WV Code Chapter 22)
Fund 3487 FY 2009 Org 0313
Personal Services001$377,564
Annual Increment0046,310
Employee Benefits010132,289
Unclassified (R)0992,256,743
Total$2,772,906
Any unexpended balance remaining in Unclassified (fund 3487, activity 099) at the close of the fiscal
year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
160-Division of Environmental Protection-
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2009 Org 0313
Personal Services001$769,474
Annual Increment00410,633
Employee Benefits010281,953
Unclassified099492,090
Total$1,554,150
161-Oil and Gas Conservation Commission-
Special Oil and Gas Conservation Fund
(WV Code Chapter 22C)
Fund 3371 FY 2009 Org 0315
Personal Services001$155,814
Annual Increment0042,976
Employee Benefits01037,262
Unclassified09933,206
Total$229,258
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
162-Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2009 Org 0505
Personal Services001$257,886
Annual Increment0047,750
Employee Benefits010110,056
Unclassified099101,366
Total$477,058
The total amount of this appropriation shall be paid from a special revenue fund out of collections
made by the board of barbers and cosmetologists as provided by law.
163-WV Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2009 Org 0506
Unclassified-Total096$1,224,852
164-Division of Health-
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2009 Org 0506
Any unexpended balances remaining in the above appropriations for Institutional Facilities
Operations (fund 5124, activity 335) and Tobacco Education Program (fund 5124, activity 906) at the
close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009, except for $2,206,610.58 for fund 5124, activity 335, fiscal year 2003; $963,157.19 for fund 5124, activity 335,
fiscal year 2006; and $962,749.96 for fund 5124, activity 335, fiscal year 2007, which shall expire on
June 30, 2008.
165-Division of Health-
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2009 Org 0506
Personal Services001$342,687
Annual Increment00411,190
Employee Benefits010152,411
Unclassified.099633,288
Total$1,139,576
166-Division of Health-
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2009 Org 0506
Debt Service (R)040$2,420,000
Institutional Facilities
Operations (R)33538,674,129
Medical Services Trust Fund-
Transfer (R)51225,300,000
Total$66,394,129
Any unexpended balance remaining in the appropriation for hospital services revenue account at the
close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009, except for fund 5156, activity 040 (fiscal year 2007) which shall expire on June 30, 2008.
The total amount of this appropriation shall be paid from the hospital services revenue account
special fund created by section thirteen, article one, chapter sixteen of the code, and shall be used for
operating expenses and for improvements in connection with existing facilities and bond payments.
The secretary of the department of health and human resources is authorized to utilize up to ten
percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate cost
effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations, either
in connection with this account or in connection with the line item designated Institutional Facilities
Operations in the consolidated medical service fund (fund 0525, fiscal year 2009, organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available funds
from the consolidated medical services fund (fund 0525, activity 335) on July 1, 2008, the sum of one
hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as
advance payment for the purchase of food products; actual payments for such purchases shall not be
required until such credits have been completely expended.
167-Division of Health-
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2009 Org 0506
Personal Services001$612,001
Annual Increment00413,774
Employee Benefits010255,534
Unclassified0991,302,955
Total$2,184,264
168-Division of Health-
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2009 Org 0506
Personal Services001$423,536
Annual Increment0047,936
Employee Benefits010154,620
Unclassified099186,626
Total$772,718
169-Division of Health-
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2009 Org 0506
Personal Services001$61,199
Annual Increment0041,897
Employee Benefits01022,722
Unclassified.0992,996,007
Total$3,081,825
170-Division of Health-
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2009 Org 0506
Unclassified-Total096$40,000
171-Division of Health-
West Virginia Birth to Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2009 Org 0506
Personal Services001$486,967
Annual Increment0045,890
Employee Benefits010194,655
Unclassified09924,203,665
Total$24,891,177
172-Division of Health-
Tobacco Control Special Fund
(WV Code Chapter 16)
Fund 5218 FY 2009 Org 0506
Unclassified-Total096$85,000
173-West Virginia Health Care Authority-
Health Care Cost Review Fund
(WV Code Chapter 16)
Fund 5375 FY 2009 Org 0507
Personal Services001$2,203,295
Annual Increment00431,072
Employee Benefits010680,128
Hospital Assistance025600,000
Unclassified0993,214,545
Total$6,729,040
The above appropriation is to be expended in accordance with and pursuant to the provisions of
article twenty-nine-b, chapter sixteen of the code and from the special revolving fund designated health
care cost review fund.
The Health Care Authority is authorized to transfer up to $1,500,000 from this fund to the West
Virginia Health Information Network Account (fund 5380) as authorized per 16-29G-4.
174-West Virginia Health Care Authority-
West Virginia Health Information Network Account
(WV Code Chapter 16)
Fund 5380 FY 2009 Org 0507
Unclassified099$1,500,000
Technology Infrastructure Network3513,500,000
Total$5,000,000
175-West Virginia Health Care Authority-
Revolving Loan Fund
(WV Code Chapter 16)
Fund 5382 FY 2009 Org 0507
Unclassified-Total096$6,000,000
176-Division of Human Services-
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2009 Org 0511
Medical Services189$165,595,278
Medical Services Administrative Costs789409,869
Total$166,005,147
From the above appropriation, an amount not to exceed $209,623 shall be transferred to a special
revenue account in the treasury for use by the department of health and human resources for
administrative purposes. The remainder of all moneys deposited in the fund shall be transferred to the
West Virginia medical services fund (fund 5084).
177-Division of Human Services-
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2009 Org 0511
Unclassified-Total (R)096$31,068,691
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094, activity
096) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year
2009, except $3,000,000 for fund 5094, activity 096, fiscal year 2006 and $2,315,968 for fund 5094,
activity 096, fiscal year 2007 which shall expire on June 30, 2008.
178-Division of Human Services-
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2009 Org 0511
Medical Services189$30,556,594
Medical Services Administrative Costs789528,691
Total$31,085,285
The above appropriation to Medical Services shall be used to provide state match of Medicaid
expenditures as defined and authorized in subsection (c) of Chapter 9-4A-2a. Expenditures from the fund
are limited to the following: payment of backlogged billings, funding for services to future federally
mandated population groups and payment of the required state match for medicaid disproportionate share
payments. The remainder of all moneys deposited in the fund shall be transferred to the division of human
services accounts.
179-Division of Human Services-
James 'Tiger' Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2009 Org 0511
Unclassified-Total096$1,609,076
180-Family Protection Services Board-
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2009 Org 0511
Unclassified-Total096$838,022
181-Division of Human Services-
West Virginia Works Separate State College Program Fund
(WV Code Chapter 9)
Fund 5467 FY 2009 Org 0511
Unclassified-Total096$1,700,000
182-Division of Human Services-
West Virginia Works Separate State Two-Parent Program Fund
(WV Code Chapter 9)
Fund 5468 FY 2009 Org 0511
Unclassified-Total096$3,300,000
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
183-Department of Military Affairs and Public Safety-
Office of the Secretary-
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2009 Org 0601
Unclassified-Total096$25,000
184-State Armory Board-
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2009 Org 0603
Unclassified-Total096$1,459,901
185-Division of Homeland Security and
Emergency Management-
West Virginia Interoperable Radio Project
(WV Code Chapter 24)
Fund 6295 FY 2009 Org 0606
Unclassified-Total (R)096$2,000,000
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 6295, activity
096) at the close of fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
186-West Virginia Division of Corrections-
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2009 Org 0608
Personal Services001$ 175,493
Annual Increment0042,071
Employee Benefits01069,037
Unclassified099496,204
Total$742,805
187-West Virginia State Police-
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2009 Org 0612
Personal Services001$761,976
Annual Increment00431,880
Employee Benefits010302,258
Unclassified099364,815
BRIM Premium913302,432
Total$1,763,361
The total amount of this appropriation shall be paid from the special revenue fund out of fees
collected for inspection stickers as provided by law.
188-West Virginia State Police-
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2009 Org 0612
Unclassified099$1,327,000
BRIM Premium913154,452
Total$1,481,452
The total amount of this appropriation shall be paid from the special revenue fund out of receipts
collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the code and paid into
a revolving fund account in the state treasury.
189-West Virginia State Police-
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2009 Org 0612
Unclassified099$444,980
BRIM Premium91377,222
Total$522,202
190-West Virginia State Police-
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2009 Org 0612
Unclassified (R)099$312,002
BRIM Premium91354,063
Total$366,065
Any unexpended balance remaining in the appropriation for Unclassified (fund 6519, fiscal year
2008, activity 099) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.
191-West Virginia State Police-
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2009 Org 0612
Unclassified099$240,984
BRIM Premium91318,524
Total$259,508
192-West Virginia State Police-
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2009 Org 0612
Unclassified-Total096$3,308
193-Division of Veterans' Affairs-
Veterans' Facilities Support Fund
(WV Code Chapter 9A)
Fund 6703 FY 2009 Org 0613
Unclassified-Total096$3,000,000
194-Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2009 Org 0615
Personal Services001$1,348,744
Annual Increment00421,860
Employee Benefits010433,097
Debt Service0409,000,000
Unclassified099545,235
Total$11,348,936
195-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 6754 FY 2009 Org 0618
Unclassified-Total096$466,000
196-Fire Commission-
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2009 Org 0619
Personal Services001$1,850,929
Annual Increment00431,024
Employee Benefits010654,695
Unclassified0991,505,575
Total$4,042,223
Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2008 is hereby
available for expenditure as part of the fiscal year 2009 appropriation.
197-Division of Criminal Justice Services-
WV Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2009 Org 0620
Unclassified-Total096$2,010,348
198-Criminal Justice Services-
Court Security Fund
(WV Code Chapter 51)
Fund 6804 FY 2009 Org 0620
Unclassified-Total096$2,544,773
DEPARTMENT OF REVENUE
199-Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2009 Org 0303
Personal Services001$1,751,407
Annual Increment00422,320
Employee Benefits010528,449
Unclassified099692,658
Total$2,994,834
200-Office of the Secretary-
State Debt Reduction Fund
(WV Code Chapter 29)
Fund 7007 FY 2009 Org 0701
Unclassified-Total-Transfer402$13,700,000
The above appropriation for Unclassified-Total-Transfer shall be transferred to the Other Post-
Employment Contribution Accumulation Fund (fund 2541, org 0232).
201-Tax Division-
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2009 Org 0702
Personal Services001$17,274
Annual Increment004310
Employee Benefits0105,845
Unclassified0997,747
Total$31,176
202-Tax Division-
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2009 Org 0702
Personal Services001$895,551
Annual Increment00423,100
Employee Benefits010331,342
Unclassified099229,847
Total$1,479,840
203-Tax Division-
Special District Excise Tax Administration Fund
(WV Code Chapter 11)
Fund 7086 FY 2009 Org 0702
Unclassified-Total096$51,372
204-Tax Division-
Wine Tax Administration Fund
(WV Code Chapter 60)
Fund 7087 FY 2009 Org 0702
Unclassified-Total096$255,734
205-State Budget Office-
Public Employees Insurance Reserve Fund
(WV Code Chapter 11B)
Fund 7400 FY 2009 Org 0703
Public Employees Insurance Reserve
Fund-Transfer903$6,800,000
The above appropriation for Public Employees Insurance Reserve Fund-Transfer shall be
transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
206-Insurance Commissioner-
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2009 Org 0704
Personal Services001$501,944
Annual Increment0045,332
Employee Benefits010143,081
Unclassified099585,917
Total$1,236,274
207-Insurance Commissioner-
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2009 Org 0704
Personal Services001$373,458
Annual Increment0045,220
Employee Benefits010125,186
Unclassified099282,192
Total$786,056
208-Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2009 Org 0704
Personal Services (R)001$16,284,006
Annual Increment (R)004330,596
Employee Benefits (R)0106,513,611
Unclassified (R)09914,320,190
Total$37,448,403
Any unexpended balances remaining in the appropriations at the close of the fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
The total amount of this appropriation shall be paid from a special revenue fund out of collections
of fees and charges as provided by law.
209-Insurance Commissioner-
Workers' Compensation Old Fund
(WV Code Chapter 23)
Fund 7162 FY 2009 Org 0704
Unclassified-Total096$550,000,000
210-Insurance Commissioner-
Workers' Compensation Uninsured Employers' Fund
(WV Code Chapter 23)
Fund 7163 FY 2009 Org 0704
Unclassified-Total096$27,000,000
211-Insurance Commissioner-
Self-Insured Employer Guaranty Risk Pool
(WV Code Chapter 23)
Fund 7164 FY 2009 Org 0704
Unclassified-Total096$5,000,000
212-Insurance Commissioner-
Self-Insured Employer Security Risk Pool
(WV Code Chapter 23)
Fund 7165 FY 2009 Org 0704
Unclassified-Total096$10,000,000
213-Insurance Commissioner-
Private Carrier Guaranty Fund
(WV Code Chapter 23)
Fund 7166 FY 2009 Org 0704
Unclassified-Total096$1,000,000
214-Insurance Commissioner-
Assigned Risk Fund
(WV Code Chapter 23)
Fund 7167 FY 2009 Org 0704
Unclassified-Total096$1,000,000
215-Lottery Commission-
Revenue Center Construction Fund
(WV Code Chapter 29)
Fund 7209 FY 2009 Org 0705
Unclassified-Total096$60,000,000
216-Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2009 Org 0706
Personal Services001$163,463
Annual Increment0045,332
Employee Benefits01067,128
Unclassified09988,089
Total$324,012
217-Racing Commission-
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2009 Org 0707
Medical Expenses-Total245$57,000
The total amount of this appropriation shall be paid from the special revenue fund out of collections
of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care and/or
funeral expenses for persons contributing to this fund.
218-Racing Commission-
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2009 Org 0707
Personal Services001$123,351
Annual Increment0042,170
Employee Benefits01033,056
Unclassified09982,161
Total$240,738
219-Racing Commission-
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2009 Org 0707
Personal Services001$1,822,625
Annual Increment00425,206
Employee Benefits010433,993
Unclassified099755,728
Total$3,037,552
220-Racing Commission-
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2009 Org 0707
Unclassified-Total096$1,500,956
221-Alcohol Beverage Control Administration-
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2009 Org 0708
Personal Services001$112,338
Annual Increment0043,780
Employee Benefits01050,468
Unclassified099140,324
Total$306,910
To the extent permitted by law, four classified exempt positions shall be provided from Personal
Services line item for field auditors.
222-Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2009 Org 0708
Personal Services001$3,867,662
Annual Increment00498,092
Employee Benefits0101,666,014
Unclassified (R)0993,362,948
Total$8,994,716
Any unexpended balance remaining in the appropriation for Unclassified (fund 7352, activity 099)
at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation an amount shall be used for the Tobacco/Alcohol Education Program.
The total amount of this appropriation shall be paid from a special revenue fund out of liquor
revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses and
equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation, the
necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
223-Division of Motor Vehicles-
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2009 Org 0802
Unclassified-Total096$189,000
224-Division of Motor Vehicles-
Motor Vehicle Fees Fund
(WV Code Chapter 17B)
Fund 8223 FY 2009 Org 0802
Unclassified-Total096$3,935,499
225-Division of Highways-
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2009 Org 0803
Unclassified-Total096$3,276,000
226-Public Port Authority-
Special Railroad and Intermodal Enhancement Fund
(WV Code Chapter 17)
Fund 8254 FY 2009 Org 0806
Unclassified-Total096$2,500,000
BUREAU OF SENIOR SERVICES
227-Bureau of Senior Services-
Community Based Service Fund
(WV Code Chapter 22)
Fund 5409 FY 2009 Org 0508
Unclassified-Total096$5,000,000
HIGHER EDUCATION
228-Higher Education Policy Commission-
System-
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2009 Org 0442
Debt Service (R)040$4,822,241
General Capital Expenditures (R)306500,000
Total$5,322,241
Any unexpended balances remaining in the appropriations at the close of fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The total amount of this appropriation shall be paid from the special capital improvements fund
created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis
and made available on July 1 of each year.
The above appropriations, except for debt service, may be transferred to special revenue funds for
capital improvement projects at the institutions.
229-Higher Education Policy Commission-
System-
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2009 Org 0442
Debt Service (R)040$23,470,321
General Capital Expenditures (R)3063,000,000
Facilities Planning
and Administration (R)386412,564
Total$26,882,885
Any unexpended balances remaining in the appropriations at the close of fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The total amount of this appropriation shall be paid from the special capital improvement fund
created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis
and made available on July 1.
The above appropriations, except for debt service, may be transferred to special revenue funds for
capital improvement projects at the institutions.
230-Higher Education Policy Commission-
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2009 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
The appropriation shall be paid from available unexpended cash balances and interest earnings
accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education Policy Commission and the funds may be allocated to any institution within the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of revenue bonds
previously issued pursuant to section eight, article twelve-b, chapter eighteen of the code, which have
since been refunded.
231-Health Sciences-
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2009 Org 0463
Unclassified-Total (R)096$15,812,292
Any unexpended balance remaining in the appropriation at the close of fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
MISCELLANEOUS BOARDS AND COMMISSIONS
232-Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2009 Org 0509
Personal Services001$48,520
Annual Increment0041,116
Employee Benefits01018,567
Unclassified.09930,572
Total$98,775
The total amount of this appropriation shall be paid from the special revenue fund out of fees and
collections as provided by article twenty-nine-a, chapter sixteen of the code.
233-WV State Board of Examiners for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2009 Org 0906
Unclassified-Total096$381,443
234-WV Board of Examiners for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2009 Org 0907
Unclassified-Total096$927,146
235-Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2009 Org 0926
Personal Services001$8,386,495
Annual Increment004161,734
Employee Benefits0102,726,792
Unclassified0992,957,041
PSC Weight Enforcement3454,369,725
Debt Payment/Capital Outlay520350,000
BRIM Premium913114,609
Total$19,066,396
The total amount of this appropriation shall be paid from a special revenue fund out of collection for
special license fees from public service corporations as provided by law.
The Public Service Commission is authorized to spend up to $500,000, from surplus funds in this
account, to meet the expected deficiencies in the Motor Carrier Division (fund 8625, org 0926) due to
the amendment and reenactment of §24A-3-1 by Enrolled House Bill Number 2715, Regular Session,
1997.
236-Public Service Commission-
Gas Pipeline Division-
Public Service Commission Pipeline Safety Fund
(WV Code Chapter 24B)
Fund 8624 FY 2009 Org 0926
Personal Services001$163,509
Annual Increment0046,890
Employee Benefits01054,843
Unclassified09985,966
Total$311,208
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory authority
over pipeline companies as provided by law.
237-Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2009 Org 0926
Personal Services001$1,601,822
Annual Increment00449,647
Employee Benefits010542,177
Unclassified099679,790
Total$2,873,436
The total amount of this appropriation shall be paid from a special revenue fund out of receipts
collected for or by the public service commission pursuant to and in the exercise of regulatory authority
over motor carriers as provided by law.
238-Public Service Commission-
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2009 Org 0926
Personal Services001$533,932
Annual Increment0048,692
Employee Benefits010165,481
Unclassified099339,611
BRIM Premium9133,978
Total$1,051,694
The total amount of this appropriation shall be paid from a special revenue fund out of collections
made by the public service commission.
239-Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2009 Org 0927
Personal Services001$368,686
Annual Increment0048,828
Employee Benefits010121,671
Unclassified099300,622
Total$799,807
The total amount of this appropriation shall be paid out of collections of license fees as provided by
law.
240-WV Board of Examiners for Speech-Language
Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2009 Org 0930
Unclassified-Total096$94,489
241-WV Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2009 Org 0935
Unclassified-Total096$109,877
242-WV Board of Licensed Dietitians
(WV Code Chapter 30)
Fund 8680 FY 2009 Org 0936
Unclassified-Total096$18,996
243-Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2009 Org 0938
Unclassified-Total096$125,578
244-Board of Treasury Investments
(WV Code Chapter 12)
Fund 9152 FY 2009 Org 0950
Unclassified-Total096$1,266,707
There is hereby appropriated from this fund, in addition to the above appropriation, the amount of
funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians, fund
advisors and fund managers for the Consolidated fund of the State as provided in Chapter 12, Article 6C
of the West Virginia Code.
The total amount of the appropriation shall be paid from the special revenue fund out of fees and
collections as provided by law.
Total TITLE II, Section 3-Other Funds$ 1,384,272,607
Sec. 4. Appropriations from lottery net profits.-Net profits of the lottery are to be deposited by
the director of the lottery to the following accounts in the amounts indicated. The director of the lottery
shall prorate each deposit of net profits in the proportion the appropriation for each account bears to the
total of the appropriations for all accounts.
After first satisfying the requirements for Fund 2252, Fund 3963, and Fund 4908 pursuant to section
eighteen, article twenty-two, chapter twenty-nine of the code, the director of the lottery shall make
available from the remaining net profits of the lottery any amounts needed to pay debt service for which
an appropriation is made for Fund 9065, Fund 4297, and Fund 3514 and is authorized to transfer any such amounts to Fund 9065, Fund 4297, and Fund 3514 for that purpose. Upon receipt of reimbursement of
amounts so transferred, the director of the lottery shall deposit the reimbursement amounts to the
following accounts as required by this section.
245-Education, Arts, Sciences and Tourism-
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2009 Org 0211
Lottery
ActivityFunds
Debt Service-Total310$10,000,000
246-West Virginia Development Office-
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2009 Org 0304
Tourism-Telemarketing Center463$90,000
WV Film Office498360,680
Tourism-Advertising (R)6183,151,519
Tourism-Unclassified (R)6624,358,529
Total$7,960,728
Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay (fund
3067, activity 417), Tourism-Advertising (fund 3067, activity 618), Tourism-Unclassified (fund 3067,
activity 662), Tourism-Unclassified-Lottery Surplus (fund 3067, activity 773), and Tourism-Special
Projects (fund 3067, activity 859) at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
247-Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2009 Org 0310
Gypsy Moth Suppression
Program for State Parks (R)017$42,997
Unclassified (R)0992,304,163
Pricketts Fort State Park324120,000
Non-Game Wildlife (R)527435,683
State Parks and
Recreation Advertising (R)619589,402
Total$3,492,245
Any unexpended balances remaining in the appropriations for Gypsy Moth Suppression Program for
State Parks (fund 3267, activity 017), Unclassified (fund 3267, activity 099), Capital Outlay-Parks (fund
3267, activity 288), Non-Game Wildlife (fund 3267, activity 527), State Parks and Recreation Advertising
(fund 3267, activity 619), and State Parks-Special Projects (fund 3267, activity 860) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
248-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2009 Org 0402
Unclassified099$4,200,000
READS Program365300,000
MATH Program3680
FBI Checks372111,546
Vocational Education
Equipment Replacement393819,750
Assessment Program (R)3966,495,906
21st Century Fellows507300,000
SAS in Schools613125,000
21st Century Technology Infrastructure
Network Tools and Support (R)93322,838,746
Total$35,190,948
Any unexpended balances remaining in the appropriations for Unclassified (fund 3951, activity 099),
Technology Infrastructure Network (fund 3951, activity 351), Assessment Program (fund 3951, activity
396), Technology Demonstration Project (fund 3951, activity 639), 21st Century Technology
Infrastructure Network Tools and Support (fund 3951, activity 933), and Computer Study (fund 3951,
activity 998) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the
fiscal year 2009.
The above appropriation for Technology Infrastructure Network shall be expended on the following
programs and technology: Computer Basic Skills, S.U.C.C.E.S.S., WVEIS, Technology Repair and
Modernization, Technology and Telecommunications Initiative and other programs in the field that will
benefit the Counties.
249-State Department of Education-
School Building Authority-
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2009 Org 0402
Debt Service-Total310$18,000,000
250-Department of Education and the Arts-
Office of the Secretary-
Control Account-
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2009 Org 0431
Unclassified (R)099$120,000
WV Humanities Council1680
Commission for National and
Community Service193435,050
Arts Programs (R)50080,000
College Readiness (R)579203,080
Challenger Learning Center862125,000
Statewide STEM 21st Century Academy897150,000
Special Olympic Games9660
Total$1,113,130
Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity 099),
Arts Programs (fund 3508, activity 500), College Readiness (fund 3508, activity 579) and Literacy Project
(fund 3508, activity 899) at the close of fiscal year 2008 are hereby reappropriated for expenditure during
the fiscal year 2009.
251-Division of Culture and History-
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2009 Org 0432
Huntington Symphony027$100,000
Martin Luther King, Jr.
Holiday Celebration03110,800
Fairs and Festivals1222,990,000
Archeological Curation/Capital
Improvements (R)24652,611
Historic Preservation Grants (R)311553,935
West Virginia Public Theater312200,000
Tri-County Fair Association343125,000
George Tyler Moore Center for the
Study of the Civil War39760,000
Theater Arts of West Virginia464300,000
Greenbrier Valley Theater423150,000
Marshall Artists Series51860,000
Grants for Competitive Arts Program (R)6241,000,000
West Virginia State Fair65750,000
Contemporary American Theater Festival811100,000
Independence Hall81250,000
Mountain State Forest Festival86470,000
WV Symphony907100,000
Wheeling Symphony908100,000
Appalachian Children's Chorus916100,000
Total$6,172,346
Any unexpended balances remaining in the appropriations for Archeological Curation/Capital
Improvements (fund 3534, activity 246), Historic Preservation Grants (fund 3534, activity 311), Capital
Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for Competitive Arts Program (fund
3534, activity 624), and Project ACCESS (fund 3534, activity 865) at the close of the fiscal year 2008
are hereby reappropriated for expenditure during the fiscal year 2009.
Included in the above appropriation for Fairs and Festivals (fund 3534, activity 122) funding shall
be provided to the African-American Cultural Heritage Festival 5,000, African-American Heritage Family
Tree Museum 4,500, African-American Jubilee (Ohio) 5,500, Alderson 4th of July Celebration
(Greenbrier) 5,000, Allegheny Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker)
11,250, American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and Cattle Show (Lewis)
1,500, Annual Labor Day Observance (Randolph) 2,000, Antique Market Fair (Lewis) 2,000, Apollo
Theater-Summer Program (Berkeley) 2,000, Appalachian Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun) 1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan)
50,000, Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day-South Charleston
(Kanawha) 3,000, Arthurdale Heritage New Deal Festival (Preston) 5,000, Arts Monongahela
(Monongalia) 20,000, Athens Town Fair (Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County
Arts & Humanities Council 1,500, Barbour County Fair 25,000, Barboursville Octoberfest (Cabell) 5,000,
Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000, Battle of Dry Creek
(Greenbrier) 1,500, Battle of Lewisburg Civil War Days (Greenbrier) 3,000, Battle of Point Pleasant
Memorial Committee (Mason) 5,000, Beckley Main Street (Raleigh) 5,000, Belington VFD Community
Fair (Barbour) 1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha) 4,500, Bergoo
Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River Days Festival
(Nicholas) 2,000, Black Bear 4K Mountain Bike Race 1,000, Black Heritage Festival (Harrison) 6,000,
Black Walnut Festival (Roane) 10,000, Blue-Gray Reunion (Barbour) 3,500, Boone County Fair 10,000,
Boone County Labor Day Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street
Fair (Mercer) 1,500, Braxton County Fairs and Festivals Association 11,500, Brooke County Fair 3,500,
Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat Festival (Preston) 8,500, Buffalo 4th
of July Celebration (Putnam) 500, Buffalo Creek Memorial (Logan) 5,000, Burlington Apple Harvest
Festival (Mineral) 30,000, Cabell County Fair 10,000, Calhoun County Wood Festival 2,000, Cape
Coalwood Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration (Hampshire)
1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie Hall, Inc. (Greenbrier) 70,000,
Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Gilmer) 1,000, Celebration in the Park
(Wood) 4,000, Celebration of America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000,
Ceredo-Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival (Logan) 1,000,
Chapmanville Fire Department 4th of July 3,000, Charles Town Christmas Festival (Jefferson) 5,000,
Charles Town Heritage Festival (Jefferson) 5,000, Charleston Sternwheel Regatta (Kanawha) 20,000,
Cherry River Festival (Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chester Fourth of July
Festivities (Hancock) 5,000, Chief Logan State Park-Civil War Celebration (Logan) 8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park (Brooke) 5,000, Christmas in the Park (Logan)
25,000, City of Dunbar Critter Dinner (Kanawha) 10,000, City of Pinegrove Centennial Celebration
(Wetzel) 5,000, City of Pleasant Valley Celebration (Marion) 2,500, Civil War Horse Cavalry Race
(Barbour) 1,000, Clay County Golden Delicious Apple Festival 5,000, Coal Field Jamboree (Logan)
35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington Railroad Historical Society 10,000,
Country Roads Festival (Fayette) 2,000, Cowen Railroad Festival (Webster) 3,500, Craigsville Fall
Festival (Nicholas) 3,500, Delbarton Homecoming (Mingo) 3,500, Doddridge County Fair 5,200, Dunlow
Fall Festival (Wayne) 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion Festival
(McDowell) 1,500, Elizabethtown Festival (Marshall) 4,000, Fairview 4th of July Celebration (Marion)
1,000, Farm Safety Day (Preston) 2,000, Fayette American Legion 4th of July 1,000, FestivALL
Charleston (Kanawha) 20,000, First Stage Children's Theater Company (Cabell) 2,000, Flanagan Murrell
House (Summers) 10,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and Festival (Taylor)
3,500, Follansbee Community Days (Brooke) 8,250, Fort Ashby Fort (Mineral) 1,500, Fort Gay Mountain
Heritage Days (Wayne) 5,000, Fort New Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000,
Frankford Autumnfest (Greenbrier) 5,000, Franklin Fishing Derby (Pendleton) 7,500, Freshwater Folk
Festival (Greenbrier) 5,000, Friends Auxiliary of W.R. Sharpe Hospital 5,000, Frontier Days (Harrison)
3,000, Frontier Fest/Canaan Valley (Taylor County) 5,000, Fund for the Arts-Wine & All that Jazz
Festival 2,500, Gassaway Days Celebration (Braxton) 5,000, General Adam Stephen Memorial
Foundation 18,525, Gilbert Kiwanis Harvest Festival (Mingo) 4,000, Gilbert Spring Fling (Mingo) 5,000,
Gilmer County Farm Show 4,000, Grafton Mother's Day Shrine Committee (Taylor) 8,500, Grant County
Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000, Great Greenbrier River Race
(Pocahontas) 50,000, Greater Quinwood Days (Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000,
Guyandotte Civil War Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 5,000, Hampshire
Civil War Celebration Days 1,000, Hampshire County 4th of July Celebration 20,000, Hampshire County
Fair 6,000, Hampshire County French & Indian War Celebration 1,000, Hampshire Heritage Days 3,000,
Hancock County Oldtime Fair 5,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and Crafts Association 20,000, Harts Community Celebration (Lincoln) 1,000, Hatfield McCoy Matewan
Reunion Festival (Mingo) 5,000, Hatfield McCoy Trail National ATV and Dirt Bike Weekend
(Wyoming) 5,000, Heritage Craft Center of the Eastern Panhandle 7,000, Heritage Craft Festival
(Monroe) 1,000, Heritage Days Festival (Roane) 1,500, Heritage Farm Museum & Village (Cabell)
50,000, Hicks Festival (Tucker) 2,000, Hilltop Festival (Huntington) 1,000, Hinton Railroad Days
(Summers) 5,500, Historic Fayette Theater (Fayette) 5,500, Historic Middleway Conservancy (Jefferson)
1,000, Holly River Festival (Webster) 1,500, Hundred 4th of July (Wetzel) 7,250, Hundred American
Legion Earl Kiger Post Bluegrass Festival (Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 2,000,
Hurricane 4th of July Celebration (Putnam) 5,000, Iaeger Lions Club Annual Golf Show (McDowell)
1,500, Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000, International
Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV (Raleigh) 5,000, Irish Spring Festival
(Lewis) 1,000, Italian Heritage Festival-Clarksburg (Harrison) 30,000, Jackson County Fair 5,000,
Jacksonburg Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson Co.
Black History Preservation Society 5,000, Jefferson Co. Historical Landmark Commission 8,000,
Jefferson County African American Heritage Festival 5,000, Jefferson County Fair Association 25,000,
Jersey Mountain Ruritan Pioneer Days (Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000,
Johnnie Johnson Blues and Jazz Festival (Marion) 5,000, Johnstown Community Fair (Harrison) 2,500,
Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest-St. Albans July 5,000, Kay Ford
Reunion (Kanawha) 2,500, Kenova Fall Festival (Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000,
Keyser Old Fashioned 4th of July Celebration (Mineral) 1,000, King Coal Festival (Mingo) 5,000,
Kingwood Downtown Street Fair and Heritage Days (Preston) 2,000, L.Z. Rainelle WV Veterans
Reunion (Greenbrier) 5,000, Lady of Agriculture (Preston) 1,000, Lamb and Steer Show 9,000, Larry Joe
Harless Center Octoberfest Hatfield McCoy Trail (Mingo) 10,000, Last Blast of Summer (McDowell)
5,000, Laurel Mt. Re-enactment Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire)
1,000, Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000, Lincoln County
Fall Festival 8,000, Lincoln County Winterfest 5,000, Lincoln District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days Celebration (Braxton) 500, Little Levels Heritage Festival 2,000,
Logan County Arts and Crafts Fair 4,000, Logan Freedom Festival 15,000, Lost Creek Community
Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair (Marion) 6,000, Maple
Syrup Festival (Randolph) 1,000, Marion County FFA Farm Fest 2,500, Marmet Annual Labor Day
Celebration (Kanawha) 2,000, Marshall County Antique Power Show 2,500, Marshall County Fair 7,500,
Marshall County Historical Society 8,500, Mason County Fair 5,000, Mason Dixon Festival
(Monongalia) 7,000, Matewan Massacre Reenactment (Mingo) 6,000, Matewan-Magnolia Fair (Mingo)
45,000, McARTS-McDowell County 20,000, McCoy Theater (Hardy) 20,000, McDowell County Fair
2,500, McGrew House History Day 2,000, McNeill's Rangers (Mineral) 8,000, Meadow Bridge
Hometown Festival (Fayette) 1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair
2,000, Mercer County Fair 2,000, Mid Ohio Valley Antique Engine Festival (Wood) 3,000, Milton
Christmas in the Park (Cabell) 2,500, Milton Fourth of July Celebration (Cabell) 2,500, Mineral County
Fair 1,750, Mineral County Veterans Day Parade 1,500, Molasses Festival (Calhoun) 2,000, Moncove
Lake Festival (Monroe) 2,000, Monroe County Farmer's Day - Union 2,000, Monroe County Harvest
Festival 2,000, Morgan County Fair-History Wagon 1,500, Morgantown Theater Company 20,000,
Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000, Moundsville July 4th
Celebration (Marshall) 5,000, Mount Liberty Fall Festival (Barbour) 2,500, Mountain Fest (Monongalia)
20,000, Mountain Festival (Mercer) 4,625, Mountain Heritage Arts and Crafts Festival 5,000, Mountain
Music Festival 2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts
Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000, Mountaineer Hot Air
Balloon Festival (Monongalia) 4,000, Mud River Festival (Lincoln) 8,000, Mullens Dogwood Festival
(Wyoming) 6,000, Multi-Cultural Festival of West Virginia 20,000, Museum in the Community (Putnam)
45,000, Music Hall of Fame (Marion) 5,000,New Cumberland Christmas Parade (Hancock) 3,000, New
Cumberland Fourth of July Fireworks (Hancock) 5,000, New River Bridge Day Festival (Fayette) 40,000,
Newburg Volunteer Fireman's Field Day (Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000,
Nicholas County Fair 5,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation (Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston Farmers Club - Civil
War Times 1,000, North River Valley Festival (Hampshire) 1,000, Northern Preston Mule Pull and
Farmers Days 4,000, Oak Leaf Festival (Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000,
Oglebay City Park - Festival of Lights (Ohio) 80,000, Oglebay Festival (Ohio) 10,000, Ohio County Fair
8,500, Ohio Valley Beef Association (Wood) 2,500, Old Central City Fair (Huntington) 5,000, Old Opera
House Theater Company (Jefferson) 15,000, Old Tyme Christmas (Jefferson) 2,400, Paden City Labor
Day Festival (Wetzel) 6,500, Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000,
Patty Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette) 5,000,
Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts 15,000, Pendleton County
Fair 25,000, Pennsboro Country Road Festival (Ritchie) 2,000, Petersburg Fourth of July Celebration
(Grant) 20,000, Petersburg HS Celebration (Grant) 10,000, Peterstown 4th of July Horse Show (Grant)
1,000, Piedmont-Annual Back Street Festival (Mineral) 4,000, Pinch Reunion (Kanawha) 1,500, Pine
Bluff Fall Festival (Harrison) 4,000, Pine Grove 4th of July Festival (Wetzel) 5,000, Pineville Festival
(Wyoming) 6,000, Pleasants County Agriculture Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000,
Pocahontas County Pioneer Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Stern
Wheel Regatta (Mason) 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton Street Fair
(Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade (Hardy) 4,000, Rainelle Fall Festival
(Greenbrier) 3,000, Raleigh County All Wars Museum 10,000, Randolph County Community Arts
Council 3,000, Randolph County Fair 7,000, Ranson Christmas Festival (Jefferson) 5,000, Ranson
Festival (Jefferson) 5,000, Ravenswood Octoberfest (Jackson) 5,000, Ravenswood Ohio River Festival
(Jackson) 3,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival (Greenbrier) 1,000,
Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood (Greenbrier) 3,000, Ripley 4th of July
(Jackson) 15,000, Ritchie County Fair and Exposition 5,000, Ritchie County Pioneer Days 1,000, Ritter
Park Days (Cabell) 3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days
Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth Livestock Program
5,000, Roane County Agriculture Field Day 3,000, Ronceverte River Festival (Greenbrier) 5,000, Rowlesburg Labor Day Festival (Preston) 1,000, Rupert Country Fling (Greenbrier) 3,000, Salem Apple
Butter Festival (Harrison) 4,000, Scottish Heritage Society/N. Central WV Central 5,000, Sistersville 4th
of July Fireworks (Tyler) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the Water (Wetzel)
3,000, Society for the Preservation of McGrew House (Preston) 3,500, Soldiers' Memorial Theater
(Raleigh) 10,000, Southern Wayne County Fall Festival 1,000, Southern WV Veterans' Museum
(Summers) 4,500, Spirit of Grafton Celebration (Taylor) 7,000, Spring Mountain Festival (Grant) 4,000,
Springfield Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, St. Spyridon
Greek Festival (Harrison) 2,500, Stoco Reunion (Raleigh) 2,500, Stonewall Jackson Heritage Arts and
Crafts 11,000, Storytelling Festival (Lewis) 500, Strawberry Festival (Upshur) 30,000, Summers County
Historic Landmark Commission 5,000, Taste of Parkersburg (Wood) 5,000, Taylor County Fair 5,500,
Terra Alta VFD 4th of July Celebration (Preston) 1,000, Those Who Served War Museum (Mercer)
4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750,
Thunder on the Tygart - Mothers' Day Celebration 15,000, Town of Delbarton 4th of July Celebration
3,000, Town of Fayetteville Heritage Festival (Fayette) 7,500, Town of Matoka-annual Hog Roast
(Mercer) 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair (Grant) 15,000, Tucker
County Arts Festival and Celebration 18,000, Tucker County Fair 4,750, Tucker County Health Fair
2,000, Tug Valley Arts Council (Mingo) 5,000, Tug Valley Chamber of Commerce Coal House (Mingo)
2,000, Tunnelton Depot Days (Preston) 1,000, Tunnelton Historical Society (Preston) 2,000, Turkey
Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500, Uniquely West
Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival (Ohio) 7,000, Upper West Fork
Blue Grass Festival (Calhoun) 500, Upshur County Fair 7,000, Valley District Fair- Reedsville (Preston)
3,500, Veterans Welcome Home Celebration (Cabell) 3,000, Volcano Days at Mountwood Park (Wood)
5,000, War Homecoming Fall Festival 1,500, Wardensville Fall Festival (Hardy) 5,000, Wayne County
Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel Cemetery Association Event (Preston)
2,000, Webster County Wood Chopping Festival 15,000, Webster Wild Water Weekend 2,000, Weirton
July 4th Celebration (Hancock) 20,000, Wellsburg 4th of July Celebration (Brooke) 7,500, Wellsburg Apple Festival of Brooke County 5,000, West Virginia Autumn Festival (Braxton) 2,500, West Virginia
Blackberry Festival (Harrison) 5,000, West Virginia Coal Festival (Boone) 10,000, West Virginia Dairy
Cattle Show 10,000, West Virginia Dandelion Festival (Greenbrier) 5,000, West Virginia Fair and
Exposition (Wood) 8,100, West Virginia Fireman's Rodeo (Fayette) 2,500, West Virginia Highland
Games & Celtic Festival 3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of
Glass (Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia Polled Hereford
Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West Virginia Pumpkin Festival (Cabell)
10,000, West Virginia Roundhouse Rail Days (Berkeley) 25,000, West Virginia State Folk Festival
(Gilmer) 5,000, West Virginia Water Festival - City of Hinton (Summers) 16,000, West Virginia Wine
& Jazz Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000, Weston
VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest 5,500, Wetzel County Town
and Country Days 17,000, Wheeling Celtic Festival (Ohio) 2,000, Wheeling City of Lights (Ohio) 8,000,
Wheeling Sternwheel Regatta (Ohio) 10,000, Wheeling Vintage Raceboat Regatta (Ohio) 20,000,
Whipple Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone) 4,000, Widen
Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000, Wine Festival and Mountain
Music Event (Harrison) 5,000, Winter Festival of the Waters (Berkeley) 5,000, Wirt County Fair 2,500,
Wirt County Pioneer Days 2,000, WV Music Hall Fame (Kanawha) 3,000, WV State Monarch Butterfly
Festival (Brooke) 5,000, WV Strawberry Festival (horse pull) 2,500, YMCA Camp Horseshoe (Ohio)
100,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman Beef Expo. (Lewis) 2,000,
Z.D. Ramsdell House (Wayne) 4,500
Any Fairs & Festival awards shall be funded in addition to, and not in lieu of, individual grant
allocations derived from the Arts Council and the Cultural Grant Program allocations.
252-Library Commission-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2009 Org 0433
Books and Films179$450,000
Services to Libraries180550,000
Grants to Public Libraries1829,348,884
Digital Resources309219,992
Libraries-Special Projects625800,000
Infomine Network8841,184,686
Total$12,553,562
253-Bureau of Senior Services-
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2009 Org 0508
Personal Services001$137,542
Annual Increment0042,600
Employee Benefits01059,675
Unclassified099348,881
Local Programs Service Delivery Costs2002,475,250
Silver Haired Legislature20215,000
Area Agencies Administration 20378,685
Senior Citizen Centers and Programs (R) 4623,100,000
Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens53923,822,578
Roger Tompkins Alzheimers Respite Care6431,795,864
Regional Aged and Disabled
Resource Center7671,000,000
Senior Services Medicaid Transfer87110,300,000
Legislative Initiatives for the Elderly90410,000,000
Long Term Care Ombudsman905321,325
BRIM Premium9137,243
West Virginia Elder Watch934150,000
In-Home Services and Nutrition
for Senior Citizens9175,700,000
WV Senior Corps493250,000
Total$59,564,643
Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs
(fund 5405, activity 462) at the close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
From the above appropriation for Senior Citizen Centers and Programs (fund 5405, activity 462)
$500,000 is for emergency needs as determined by the Commissioner of Senior Services.
The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX
Waiver for Senior Citizens along with the federal moneys generated thereby shall be used for
reimbursement for services provided under the program. Further, the program shall be preserved within
the aggregate of these funds.
254-Community and Technical College
Capital Improvement Fund
(WV Code Chapter 18B)
Fund 4908 FY 2009 Org 0442
Debt Service-Total310$5,000,000
255-Higher Education Policy Commission-
Lottery Education-
Higher Education Policy Commission-
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2009 Org 0441
Marshall Medical School-
RHI Program and Site Support (R)033$464,080
WVU Health Sciences-
RHI Program and Site Support (R)0351,276,388
RHI Program and Site Support-
District Consortia (R)0362,410,172
RHI Program and Site Support-
RHEP Program Administration (R)037183,058
RHI Program and Site Support-
Grad Med Ed and Fiscal Oversight (R)038104,915
Debt Service (R)0400
Higher Education Grant Program (R)1640
Tuition Contract Program (R)1651,020,809
Minority Doctoral Fellowship (R)166150,000
Underwood-Smith Scholarship
Program-Student Awards (R)167141,142
Health Sciences Scholarship (R)176250,787
Vice Chancellor for Health Sciences-
Rural Health Residency Program (R)601271,346
MA Public Health Program and
Health Science Technology (R)62361,786
Marshall University Graduate
College Writing Project (R)80725,000
HEAPS Grant Program (R)8670
WV Engineering, Science, and
Technology Scholarship Program (R)868470,473
Health Sciences Career
Opportunities Program (R)869372,059
HSTA Program (R)8701,521,156
WV Autism Training Center (R)9322,075,739
Center for Excellence in Disabilities (R)967250,000
Total$11,048,910
Any unexpended balances remaining in the appropriations at the close of fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Underwood-Smith Scholarship Program-Student Awards (activity 167)
shall be transferred to the Underwood-Smith Teacher Scholarship Fund (fund 4922, org 0441) established
by chapter eighteen-c, article four, section one.
The above appropriation for WV Engineering, Science, and Technology Scholarship Program
(activity 868) shall be transferred to the West Virginia Engineering, Science and Technology Scholarship
Fund (fund 4928, org 0441) established by chapter eighteen-c, article six, section one.
Total TITLE II, Section 4-Lottery Revenue$170,096,512
Sec. 5. Appropriations from state excess lottery revenue fund.- In accordance with section
eighteen-a, article twenty-two, chapter twenty nine of the code, the following appropriations shall be
deposited and disbursed by the director of the lottery to the following accounts in this section in the
amounts indicated.
256-Lottery Commission-
Refundable Credit
Fund 7207 FY 2009 Org 0705
Lottery
ActivityFunds
Unclassified-Total-Transfer402$10,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
General Revenue Fund to provide reimbursement for the refundable credit allowable under chapter
eleven, article twenty-one, section twenty-one of the code. The amount of the required transfer shall be
determined solely by the state tax commissioner and shall be completed by the director of the lottery upon
the commissioner's request.
257-Lottery Commission-
General Purpose Account
Fund 7206 FY 2009 Org 0705
Unclassified-Total-Transfer402$65,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
General Revenue Fund as determined by the director of the lottery.
258-Education Improvement Fund
Fund 4295 FY 2009 Org 0441
Unclassified-Total-Transfer402$27,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
PROMISE Scholarship Fund (fund 4296, org 0441) established by chapter eighteen-c, article seven,
section seven.
The Legislature has explicitly set a finite amount of available appropriations and directed the
administrators of the Program to provide for the award of scholarships within the limits of available
appropriations.
259-Economic Development Authority-
Economic Development Project Fund
Fund 9065 FY 2009 Org 0944
Debt Service-Total310$19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement of amounts
transferred to the economic development project fund pursuant to section four of this title and subsection
(f), section eighteen, article twenty-two, chapter twenty-nine of the code.
260-School Building Authority
Fund 3514 FY 2009 Org 0402
Unclassified-Total096$19,000,000
Any unexpended balance remaining in the appropriation for Unclassified-Total-Transfer (fund 3514,
activity 402) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
261-West Virginia Infrastructure Council
Fund 3390 FY 2009 Org 0316
Unclassified-Total-Transfer402$40,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred to the
West Virginia Infrastructure Fund (fund 3384, org 0316) created by chapter thirty-one, article fifteen-a,
section nine of the code.
262-Higher Education Improvement Fund
Fund 4297 FY 2009 Org 0441
Unclassified-Total096$10,000,000
263-State Park Improvement Fund
Fund 3277 FY 2009 Org 0310
Unclassified-Total (R)096$5,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
Appropriations to the State Park Improvement Fund are not to be expended on personal services or
employee benefits.
264-Lottery Commission-
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2009 Org 0705
Capital Outlay-Parks288$0
Other Post Employee Benefits-Transfer28946,600,000
Capitol Complex-Capital Outlay41718,200,000
Unclassified-Transfer48262,900,000
School Access Safety9788,000,000
Total$135,700,000
The above appropriation for Unclassified-Transfer (activity 482) shall be transferred to the General
Revenue Fund only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-
a of the code has been satisfied as determined by the director of the lottery.
The above appropriation for School Access Safety (fund 7208, activity 978), shall be transferred to
the School Access Safety Fund (fund 3516) only after all funding required by chapter twenty-nine, article
twenty-two, section eighteen-a of the code and the transfer to the General Revenue Fund (fund 7208, org
0705, activity 482) has been satisfied as determined by the director of the lottery.
The above appropriation for Capitol Complex-Capital Outlay (fund 7208, activity 417), shall be
transferred to the Capitol Dome and Capital Improvements Fund (fund 2257) only after all the
appropriations for activities 482 and 978 have been satisfied.
The above appropriation for Other Post-Employee Benefits-Transfer (fund 7208, activity 289) shall
be transferred to the Other Post-Employment Contribution Accumulation Fund (fund 2541, org 0232)
only after the above appropriations for activities 482, 978, and 417 have been satisfied.
Should the actual revenues accruing to the total Excess Lottery Fund be insufficient to fully fund all
appropriations, the appropriation to the Other Post-Employee Benefits-Transfer (activity 289) shall be
reduced to the extent funds are available and the appropriation made in the reduced amount and thereafter
transferred to the Other Post-Employment Contribution Accumulation Fund (fund 2541).
265-Joint Expenses
(WV Code Chapter 4)
Fund 1736 FY 2009 Org 2300
Any unexpended balance remaining in the appropriation for Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC)-Lottery Surplus (fund 1736, activity 929) at the close of the fiscal year
2008 is hereby reappropriated for expenditure during the fiscal year 2009.
266-Governor's Office
(WV Code Chapter 5)
Fund 1046 FY 2009 Org 0100
Any unexpended balance remaining in the appropriation for Publication of Papers and Transition
Expenses-Lottery Surplus (fund 1046, activity 066) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
267-Office of Technology
(WV Code Chapter 5A)
Fund 2532 FY 2009 Org 0231
Any unexpended balances remaining in the appropriations for Network Monitoring-Lottery Surplus
(fund 2532, activity 919) and Unclassified-Lottery Surplus (fund 2532, activity 928) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
268-West Virginia Development Office
(WV Code Chapter 5B)
Fund 3170 FY 2009 Org 0307
Any unexpended balance remaining in the appropriation for Connectivity Research and
Development-Lottery Surplus (fund 3170, activity 923) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Connectivity Research and Development-Lottery Surplus shall be used
by the West Virginia Development Office for the coordinated development of technical infrastructure in
areas where expanded resources and technical infrastructure may be expected or required pursuant to the provisions of 5A-6-4 of the code.
269-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 5219 FY 2009 Org 0506
Any unexpended balance remaining in the appropriation for Chief Medical Examiner-Capital
Improvements-Lottery Surplus (fund 5219, activity 051) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
270-Tax Division
(WV Code Chapter 11)
Fund 7082 FY 2009 Org 0702
Any unexpended balance remaining in the appropriation for Remittance Processor-Lottery Surplus
(fund 7082, activity 054) at the close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
Total TITLE II, Section 5-Excess Lottery Funds$330,700,000
Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of the code,
from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set
forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the
fiscal year two thousand nine.
LEGISLATIVE
271-Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2009 Org 2300
Federal
ActivityFunds
Unclassified-Total096$1,314,969
JUDICIAL
272-Supreme Court
Fund 8867 FY 2009 Org 2400
Unclassified-Total096$1,500,000
EXECUTIVE
273-Governor's Office-
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2009 Org 0100
Unclassified-Total096$7,272,541
274-Governor's Office-
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2009 Org 0100
Unclassified-Total096$5,668,195
275-Auditor's Office-
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2009 Org 1200
Unclassified-Total096$14,006,826
276-Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2009 Org 1400
Unclassified-Total096$4,303,826
277-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2009 Org 1400
Unclassified-Total096$852,868
278-Department of Agriculture-
State Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2009 Org 1400
Unclassified-Total096$1,814,314
279-Secretary of State-
State Election Fund
(WV Code Chapter 3)
Fund 8854 FY 2009 Org 1600
Unclassified-Total096$832,108
DEPARTMENT OF ADMINISTRATION
280-West Virginia Prosecuting Attorney's Institute
(WV Code Chapter 7)
Fund 8834 FY 2009 Org 0228
Unclassified-Total096$81,343
281-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2009 Org 0230
Unclassified-Total096$37,948,479
DEPARTMENT OF COMMERCE
282-Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2009 Org 0305
Unclassified-Total096$4,162,433
283-Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2009 Org 0306
Unclassified-Total096$486,072
284-West Virginia Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2009 Org 0307
Unclassified-Total096$9,684,681
285-Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2009 Org 0308
Unclassified-Total096$566,143
286-Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2009 Org 0310
Unclassified-Total096$8,568,663
287-Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2009 Org 0314
Unclassified-Total096$784,352
288-Workforce West Virginia
(WV Code Chapter 23)
Fund 8835 FY 2009 Org 0323
Unclassified099$512,657
Reed Act 2002-Unemployment Compensation6222,850,000
Reed Act 2002-Employment Services6301,650,000
Total$5,012,657
Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended,
and the provisions of section nine, article nine, chapter twenty-one-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, the above appropriation to Unclassified shall be used by
the Workforce West Virginia for the specific purpose of administration of the state's unemployment
insurance program or job service activities, subject to each and every restriction, limitation or obligation
imposed on the use of the funds by those federal and state statutes.
289-Division of Energy
(WV Code Chapter 5B)
Fund 8892 FY 2009 Org 0328
Unclassified-Total096$1,505,435
DEPARTMENT OF EDUCATION
290-State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2009 Org 0402
Unclassified-Total096$230,320,468
291-State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2009 Org 0402
Unclassified-Total096$114,028,264
292-State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2009 Org 0402
Unclassified-Total096$16,536,946
293-State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2009 Org 0402
Unclassified-Total096$103,764,986
DEPARTMENT OF EDUCATION AND THE ARTS
294-Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2009 Org 0431
Unclassified-Total096$325,000
295-Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2009 Org 0432
Unclassified-Total096$2,082,724
296-Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2009 Org 0433
Unclassified-Total096$1,950,351
297-Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2009 Org 0439
Unclassified-Total096$1,500,000
298-State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2009 Org 0932
Unclassified-Total096$27,224,316
299-State Board of Rehabilitation-
Division of Rehabilitation Services-
Disability Determination Services
(WV Code Chapter 18)
Fund 8890 FY 2009 Org 0932
Unclassified-Total096$21,731,781
DEPARTMENT OF ENVIRONMENTAL PROTECTION
300-Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2009 Org 0313
Unclassified-Total096$139,010,466
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
301-Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2009 Org 0506
Unclassified-Total096$7,325,557
302-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2009 Org 0506
Unclassified-Total096$86,579,129
303-Division of Health-
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2009 Org 0506
Unclassified-Total096$16,000,000
304-West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2009 Org 0507
Unclassified-Total096$2,577,112
305-Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2009 Org 0510
Unclassified-Total096$438,899
306-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2009 Org 0511
Unclassified099$155,854,516
Medical Services189
1,806,784,280
Medical Services Administrative Costs78953,282,651
Total$
2,015,921,447
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
307-Office of the Secretary
(WV Code Chapter 5F)
Fund 8876 FY 2009 Org 0601
Unclassified-Total096$ 20,002,304
308-Adjutant General-State Militia
(WV Code Chapter 15)
Fund 8726 FY 2009 Org 0603
Unclassified-Total096$ 96,633,010
309-Division of Homeland Security and
Emergency Management
(WV Code Chapter 15)
Fund 8727 FY 2009 Org 0606
Unclassified-Total096$32,060,431
310-Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2009 Org 0608
Unclassified-Total096$650,000
311-West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2009 Org 0612
Unclassified-Total096$1,655,945
312-Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 8858 FY 2009 Org 0613
Unclassified-Total096$2,750,000
313-Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2009 Org 0618
Unclassified-Total096$1,774,230
314-Fire Commission
(WV Code Chapter 29)
Fund 8819 FY 2009 Org 0619
Unclassified-Total099$80,000
315-Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2009 Org 0620
Unclassified-Total096$12,896,131
316-Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2009 Org 0621
Unclassified-Total096$386,875
DEPARTMENT OF REVENUE
317-Insurance Commissioner
(WV Code Chapter 33)
Fund 8883 FY 2009 Org 0704
Unclassified-Total096$ 200,000
DEPARTMENT OF TRANSPORTATION
318-Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2009 Org 0802
Unclassified-Total096$18,167,668
319-Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2009 Org 0805
Unclassified-Total096$16,377,478
320-Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2009 Org 0806
Unclassified-Total096$100,000
BUREAU OF SENIOR SERVICES
321-Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2009 Org 0508
Unclassified-Total096$14,515,250
MISCELLANEOUS BOARDS AND COMMISSIONS
322-Board of Pharmacy
(WV Code Chapter 30)
Fund 8857 FY 2009 Org 0913
Unclassified-Total096$155,122
323-Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2009 Org 0926
Unclassified-Total096$1,562,171
324-Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2009 Org 0926
Unclassified-Total096$282,370
325-WV Statewide Addressing and Mapping Board
(WV Code Chapter 24E)
Fund 8868 FY 2009 Org 0940
Unclassified-Total096$100,000
326-National Coal Heritage Area Authority
(WV Code Chapter 29)
Fund 8869 FY 2009 Org 0941
Unclassified-Total096$600,000
327-Coal Heritage Highway Authority
(WV Code Chapter 29)
Fund 8861 FY 2009 Org 0942
Unclassified-Total096$50,000
Total TITLE II, Section 6-Federal Funds$ 3,114,682,336
Sec. 7. Appropriations from federal block grants.-The following items are hereby appropriated
from federal block grants to be available for expenditure during the fiscal year 2009.
328-Governor's Office-
Office of Economic Opportunity
Community Services
Fund 8799 FY 2009 Org 0100
Unclassified-Total096$9,521,284
329-West Virginia Development Office-
Community Development
Fund 8746 FY 2009 Org 0307
Unclassified-Total096$28,351,067
330-Workforce West Virginia-
Workforce Investment Act
Fund 8749 FY 2009 Org 0323
Unclassified-Total096$25,030,749
331-Division of Health-
Maternal and Child Health
Fund 8750 FY 2009 Org 0506
Unclassified-Total096$10,974,424
332-Division of Health-
Preventive Health
Fund 8753 FY 2009 Org 0506
Unclassified-Total096$2,244,387
333-Division of Health-
Substance Abuse Prevention and Treatment
Fund 8793 FY 2009 Org 0506
Unclassified-Total096$11,586,339
334-Division of Health-
Community Mental Health Services
Fund 8794 FY 2009 Org 0506
Unclassified-Total096$3,345,285
335-Division of Health-
Abstinence Education Program
Fund 8825 FY 2009 Org 0506
Unclassified-Total096$1,691,522
336-Division of Human Services-
Energy Assistance
Fund 8755 FY 2009 Org 0511
Unclassified-Total096$25,000,000
337-Division of Human Services-
Social Services
Fund 8757 FY 2009 Org 0511
Unclassified-Total096$16,007,529
338-Division of Human Services-
Temporary Assistance for Needy Families
Fund 8816 FY 2009 Org 0511
Unclassified-Total096$130,250,890
339-Division of Human Services-
Child Care and Development
Fund 8817 FY 2009 Org 0511
Unclassified-Total096$40,022,445
340-Division of Criminal Justice Services-
Juvenile Accountability Incentive
Fund 8829 FY 2009 Org 0620
Unclassified-Total096$500,395
Total TITLE II, Section 7-Federal Block Grants$304,526,316
Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year 2009, from
the fund as designated, in the amounts as specified, general revenue funds in the amount of $1,886,796,
special revenue funds in the amount of $558,413, and state road funds in the amount of $713,890 for
payment of claims against the state.
Sec. 9. Special revenue appropriations.-There are hereby appropriated for expenditure during the
fiscal year two thousand nine appropriations made by general law from special revenues which are not
paid into the state fund as general revenue under the provisions of section two, article two, chapter twelve
of the code: Provided, That none of the money so appropriated by this section shall be available for
expenditure except in compliance with and in conformity to the provisions of articles two and three,
chapter twelve and article two, chapter eleven-b of the code, unless the spending unit has filed with the director of the budget and the legislative auditor prior to the beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 10. State improvement fund appropriations.-Bequests or donations of nonpublic funds,
received by the governor on behalf of the state during the fiscal year two thousand nine, for the purpose
of making studies and recommendations relative to improvements of the administration and management
of spending units in the executive branch of state government, shall be deposited in the state treasury in
a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the fiscal year two thousand nine to be
expended as authorized by the governor, for such studies and recommendations which may encompass
any problems of organization, procedures, systems, functions, powers or duties of a state spending unit
in the executive branch, or the betterment of the economic, social, educational, health and general welfare
of the state or its citizens.
Sec. 11. Specific funds and collection accounts.-A fund or collection account which by law is
dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands upon
the fund or collection account and shall be expended according to the provisions of article three, chapter
twelve of the code.
Sec. 12. Appropriations for refunding erroneous payment.-Money that has been erroneously paid
into the state treasury is hereby appropriated out of the fund into which it was paid, for refund to the
proper person.
When the officer authorized by law to collect money for the state finds that a sum has been erroneously
paid, he or she shall issue his or her requisition upon the auditor for the refunding of the proper amount.
The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay the warrant out of the
fund into which the amount was originally paid.
Sec. 13. Sinking fund deficiencies.-There is hereby appropriated to the governor a sufficient amount
to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the West Virginia housing development fund which is under the supervision and control of the municipal bond commission
as provided by section twenty-b, article eighteen, chapter thirty-one of the code, or in the funds of the
municipal bond commission because of the failure of any state agency for either general obligation or
revenue bonds or any local taxing district for general obligation bonds to remit funds necessary for the
payment of interest and sinking fund requirements. The governor is authorized to transfer from time to
time such amounts to the municipal bond commission as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West Virginia through the governor from
the first remittance collected from the West Virginia housing development fund or from any state agency
or local taxing district for which the governor advanced funds, with interest at the rate carried by the
bonds for security or payment of which the advance was made.
Sec. 14. Appropriations for local governments.-There are hereby appropriated for payment to
counties, districts and municipal corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 15. Total appropriations.-Where only a total sum is appropriated to a spending unit, the total
sum shall include personal services, annual increment, employee benefits, current expenses, repairs and
alterations, equipment and capital outlay, where not otherwise specifically provided and except as
otherwise provided in TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 16. General school fund.-The balance of the proceeds of the general school fund remaining
after the payment of the appropriations made by this act is appropriated for expenditure in accordance
with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.
Section 1. Appropriations conditional.-The expenditure of the appropriations made by this act,
except those appropriations made to the legislative and judicial branches of the state government, are conditioned upon the compliance by the spending unit with the requirements of article two, chapter
eleven-b of the code.
Where spending units or parts of spending units have been absorbed by or combined with other
spending units, it is the intent of this act that appropriations and reappropriations shall be to the
succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Constitutionality.-If any part of this act is declared unconstitutional by a court of competent
jurisdiction, its decision shall not affect any portion of this act which remains, but the remaining portion
shall be in full force and effect as if the portion declared unconstitutional had never been a part of the act.
Respectfully submitted,
Walt Helmick,Harry Keith White,
Robert Plymale,Brent Boggs
Roman PreziosoK. Steven Kominar
Edwin BowmanMary Poling
Karen FacemyerDon Perdue
Jesse O. Guills William Anderson
Conferees on the partConferees on the part
of the Senate. of the House of Delegates.
Delegates Perry, Pethtel, Schoen, Varner and White requested to be excused from voting on the
passage of Com. Sub. for S. B. 150 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a
class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct
personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 540), and there were--yeas 89,
nays 5, paired 2, absent and not voting 4, with the nays, paired and absent and not voting being as
follows:
Nays: Andes, Armstead, Lane, J. Miller and Walters.
Paired: Yost (Yea)Schadler (Nay)
Absent And Not Voting: Carmichael, Reynolds, Shook and Webster.
So, a majority of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Com. Sub. for S. B. 150) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 541), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Carmichael, Reynolds, Shook, Webster and Yost.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Com. Sub. for S. B. 150) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendments of the
House of Delegates and again passed, to take effect January 1, 2009, a bill of the House of Delegates,
heretofore disapproved by the Governor, all in an effort to meet the objections of the Governor as follows:
H. B. 4420, Imposing corporate net income tax on certain regulated investment companies and
real estate investment trusts used as tax sheltering vehicles.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had concurred in the amendments of the
House of Delegates and again passed bills of the House of Delegates, heretofore disapproved by the
Governor, to take effect from passage, all in an effort to meet the objections of the Governor as follows:
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used in
West Virginia Personal Income Tax Act,
And,
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in West
Virginia Corporation Net Income Tax Act.
Committee Reports
At the request of Delegate DeLong, and by unanimous consent, permission was granted the Joint
Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His Excellency,
the Governor, for his action, bills passed but not presented to him prior to adjournment of this session of
the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of
this session, and that communications from His Excellency, the Governor, as to his action on bills after
adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Doyle filed reports of the
Joint Committee on Enrolled Bills as follows:
March 17, 2008
(Com. Sub. for H. B. 3056), Authorizing pharmacists to administer immunizations,
(Com. Sub. for H. B. 4010), Removing the limitation on terms for members on the board of
library directors,
(Com. Sub. for H. B. 4036), Granting the board of Respiratory Care Practitioners rulemaking
authority and the issuance of temporary permits to students,
(H. B. 4072), Clarifying that the Board of Registration for Professional Engineers is subject to
a regulatory board review,
(H. B. 4073), Clarifying that the Board of Examinations in Counseling is subject to a regulatory
board review,
(H. B. 4078), Relating to the termination of the Blennerhassett Island Historical State Park
Commission,
(Com. Sub. for H. B. 4079), Relating to Professional Employer Organizations,
(Com. Sub. for H. B. 4082), Relating to the Public Employees Retirement System,
(Com. Sub. for H. B. 4120), Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions,
(Com. Sub. for H. B. 4139), Relating to licensing persons using bioptic telescopic devices to
operate a motor vehicle,
(H. B. 4141), Providing that written status reports on civil actions brought against state
government agencies are required only as requested by the President of the Senate and Speaker of the
House,
(S. B. 101), Exempting nonprofit companies providing electricity from property tax,
(S. B. 236), Eliminating obsolete election language,
(S. B. 237), Repealing county officers' annual report requirement of certain expenditures,
(S. B. 238), Increasing monetary limit to file circuit court suit,
(Com. Sub. for S. B. 242), Allowing point deduction for certain licensees attending defensive
driving class,
(S. B. 270), Eliminating provisions requiring circuit clerks handle and disburse inmate moneys,
(S. B. 271), Establishing grievance procedure for State Police,
(S. B. 272), Clarifying "telemarketing solicitation" definition,
(Com. Sub. for S. B. 305), Clarifying procedures for seizing neglected or abused animals,
(Com. Sub. for S. B. 311), Allowing judges to order jurors from other counties in certain
situations,
(S. B. 337), Eliminating obsolete language concerning Supreme Court clerk,
(Com. Sub. for S. B. 496), Protecting voter registration information,
(Com. Sub. for S. B. 505), Creating Veterans Cemetery Fund from lottery proceeds,
(S. B. 512), Increasing number of Records Management and Preservation Board members,
(Com. Sub. for S. B. 514), Permitting electronic mail absentee voting,
(Com. Sub. for S. B. 519), Extending Hazardous Waste Material Management Fee Fund sunset
provision,
(Com. Sub. for S. B. 552), Relating to prepaid wireless calling taxes, fees and charges,
(Com. Sub. for S. B. 565), Relating to increased real property assessment notice,
(S. B. 570), Allowing county commissions' involvement in joint development efforts,
(Com. Sub. for S. B. 580), Authorizing magistrate courts to accept unsigned citation payments,
(Com. Sub. for S. B. 619), Defining certain external defibrillators' user terms,
(S. B. 654), Finding and declaring certain claims against state,
(S. B. 673), Making supplementary appropriation to Department of Health and Human Resources,
(S. B. 674), Making supplementary appropriation to Department of Administration and
Department of Military Affairs and Public Safety,
And,
(S. B. 775), Relating to state parks and state forests.
March 18, 2008
(Com. Sub. for H. B. 4144), Relating to physician assistants and updating language to conform
to national changes,
(Com. Sub. for H. B. 4156), Permitting a governing body of a municipality to place a lien on
property in an amount equal to the demolition and removal of a hazardous structure,
(Com. Sub. for H. B. 4157), Allowing insurers who have been suspended from writing new
policies to continue to service existing policies,
(Com. Sub. for H. B. 4255), Authorizing the Department of Commerce to promulgate legislative
rules,
(Com. Sub. for H. B. 4304), Revised Anatomical Gift Act,
(Com. Sub. for H. B. 4337), Authorizing the Board of Barbers and Cosmetologists to increase
fees for one year,
(Com. Sub. for H. B. 4344), Relating to the criminal offense of cruelty to animals,
(Com. Sub. for H. B. 4381), Relating to an assigned risk plan and guaranty association account for workers' compensation insurance,
(Com. Sub. for H. B. 4383), Awarding service revolver upon retirement to state fire marshal,
(Com. Sub. for H. B. 4386), Authorizing municipalities to create an annual vacant property
registration,
(Com. Sub. for H. B. 4389), Removing requirement that resident violators of traffic laws be
required to sign citations,
(Com. Sub. for S. B. 227), Relating to State Teachers Retirement System,
(S. B. 297), Authorizing School Building Authority to issue revenue bonds from State Excess
Lottery Fund,
(Com. Sub. for S. B. 340), Requiring consumers' notification of information security breach,
(Com. Sub. for S. B. 349), Authorizing Miscellaneous Boards and Agencies promulgate
legislative rules,
(Com. Sub. for S. B. 417), Authorizing Department of Revenue promulgate legislative rules,
(Com. Sub. for S. B. 476), Creating State Employee Sick Leave Fund,
(Com. Sub. for S. B. 536), Exempting Supreme Court probation officers' vehicles from certain
registration requirements,
(S. B. 574), Increasing State Police compensation,
(Com. Sub. for S. B. 593), Transferring library funding obligation to excess levy,
(Com. Sub. for S. B. 596), Relating to Streamlined Sales and Use Tax Agreement,
(S. B. 606), Requiring hiring preference for summer school program positions,
(Com. Sub. for S. B. 645), Exempting city and county hospitals from certain audit requirements,
(S. B. 659), Increasing certain crime victims' benefits,
(Com. Sub. for S. B. 682), Creating Community and Technical College Capital Improvement
Fund,
(S. B. 696), Providing appraisal methods for certain multifamily rental properties,
(Com. Sub. for S. B. 751), Relating to Surface Coal Mining and Reclamation Act,
And,
(Com. Sub. for S. B. 781), Relating to service of suggestee execution and notice.
March 19, 2008
(H. B. 4394), Restoring the licensure exemption for certain contractors of manufactured housing
installation,
(Com. Sub. for H. B. 4421), Repealing the corporate license tax, and creating corporate license
tax replacement fees,
(Com. Sub. for H. B. 4494), Relating to the regulation of the practice of accountancy,
(Com. Sub. for H. B. 4511), Relating to zoning ordinance adoption by election or otherwise,
(Com. Sub. for H. B. 4570), Authorizing regional jail employees to carry a firearm after receiving
appropriate certification,
(Com. Sub. for H. B. 4607), Relating to special district excise tax authorization,
(Com. Sub. for H. B. 4613), Increasing protection to beneficiaries of structured settlements as
they relate to settlement transfers,
(Com. Sub. for H. B. 4624), Providing per diem pay for volunteers who drive veterans to
hospitals,
(H. B. 4644), Relating to the forfeiture of bail,
(Com. Sub. for H. B. 4664), Clarifying the purpose of the Purchasing Division,
And,
(Com. Sub. for H. B. 4692), Permitting depositories of state, county, municipal and other public
moneys to pool securities.
March 20, 2008
(Com. Sub. for H. B. 2967), Creating the "West Virginia Remembers Program",
(H. B. 3201), Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a
business in certain situations,
(Com. Sub. for H. B. 3215), Removing the administrative link between Shepherd University and
Blue Ridge Community and Technical College,
(Com. Sub. for H. B. 4021), Revising mining safety equipment requirements and enhancing
penalties for crimes against mining property,
(Com. Sub. for H. B. 4022), Relating to compensation and expenses of panel attorneys providing
public defender services,
(H. B. 4038), Allowing the Division of Labor to promulgate Rules to license elevator workers.
(Com. Sub. for H. B. 4041), Relating to the regulation and treatment of the production of natural
gas and coalbed methane,
(Com. Sub. for H. B. 4059), Relating to medical qualifications for school bus operators,
(Com. Sub. for H. B. 4088), Allowing farm equipment dealers to calculate their inventory based
on an average of their yearly sales,
(Com. Sub. for H. B. 4117), Expanding eligibility for state minimum salary supplements for
classroom teachers achieving certain national certification,
(Com. Sub. for H. B. 4150), Requiring the purchasing of American-made flags with state funds.
(Com. Sub. for H. B. 4209), Authorizing the Department of Administration to promulgate
legislative rules,
(Com. Sub. for H. B. 4287), Clarifying that certain funds are authorized investments for funds
of political subdivisions,
(Com. Sub. for H. B. 4307), Relating to bona fide residents wholly or solely owning greyhounds,
(Com. Sub. for H. B. 4357), Extending the Neighborhood Investment Program Act and eligibility
for tax credits under the act,
And,
(Com. Sub. for S. B. 150), Budget bill.
March 21, 2008
(Com. Sub. for S. B. 201), Providing terms for certain public retirement benefits disqualification,
(Com. Sub. for S. B. 207), Relating to Deputy Sheriff Retirement System Act,
(Com. Sub. for S. B. 208), Clarifying all Consolidated Public Retirement Board systems are
included in employer pick-up provisions,
(Com. Sub. 253), Defining "survey foot",
(Com. Sub. for S. B. 265), Creating Special Aircraft Property Valuation Act,
(Com. Sub. for S. B. 291), Appointing additional circuit court judge to Pendleton, Hardy,
Hampshire, Mercer and Wayne counties,
(Com. Sub. for S. B. 292), Allowing Commissioner of Banking issue bond claims to collect
certain unpaid penalties and invoices,
(Com. Sub. for S. B. 373), Authorizing Department of Environmental Protection promulgate
legislative rules,
(Com. Sub. for S. B. 398), Authorizing Department of Health and Human Resources promulgate
legislative rules,
(S. B. 466), Authorizing Water Development Authority to administer Dam Safety Rehabilitation
Revolving Fund Loan Program,
(S. B. 541), Continuing personal income tax adjustment to certain retirees' gross income,
(S. B. 653), Permitting internet sales of life, accident and sickness insurance,
(S. B. 671), Increasing presiding Court of Claims' judge compensation,
(Com. Sub. for S. B. 712), Authorizing Coalbed Methane Review Board to propose legislative
rules,
(Com. Sub. for S. B. 740), Reforming Berkeley County commission,
And,
(Com. Sub. for S. B. 778), Relating to veterans' benefits.
March 24, 2008
(Com. Sub. for S. B. 9), Permitting hunter safety program in public schools,
(Com. Sub. for S. B. 504), Relating to child support enforcement,
(Com. Sub. for S. B. 535), Modifying certain penalties for DUI,
(S. B. 595), Establishing education goals and objectives for 2020,
(Com. Sub. for S. B. 638), Requiring information collection from catalytic converter purchasers,
(Com. Sub. for S. B. 657), Creating Alcohol and Drug-Free Workplace Act,
(Com. Sub. for S. B. 680), Relating to corporate net income tax and business franchise tax,
(Com. Sub. for S. B. 706), Providing for liner placement through mined-out coal horizons,
(Com. Sub. for S. B. 715), Defining certain Public Employees Insurance Agency eligibility,
(S. B. 780), Relating to Public Employees Grievance Procedure,
And,
(S. B. 784), Relating to reforming, altering or modifying county government.
March 25, 2008
(Com. Sub. for H. B. 4019), Relating to civil actions filed in the courts of the state,
(Com. Sub. for H. B. 4023), Provide for the denial or suspension of a driver's license for any
student who withdraws from school or fails to receive passing grades,
(Com. Sub. for H. B. 4032), Relating to payment of wages through a direct deposit system,
(H. B. No. 4075), Providing for a video recording device monitoring system during Amber Alert
periods,
(Com. Sub. for H. B. 4094), Relating to reimbursement of compensation paid to certain state
employees for job-related training, education or professional development,
(Com. Sub. for H. B. 4121), Authorizing the participation of local governments in a purchasing
card program to be administered by the Auditor,
(Com. Sub. for H. B. 4129), Revising licensing requirements for professional licensing boards,
including authorizing a special volunteer license for health care professionals,
(Com. Sub. for H. B. 4290), Relating to electronic commerce,
(Com. Sub. for H. B. 4296), Relating to the rights of crime victims,
(Com Sub. for H. B. 4331), Eliminating the requirement to send surrendered driver's licenses
back to the original state of licensure,
(H. B. 4348), Adding language to the code for fees for tests and certificates that were already
imposed,
(Com. Sub. for H. B. 4364), Amending various requirements for motor vehicle dealers,
(H. B. 4388), Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic
violence database,
(Com. Sub. for H. B. 4402), Relating to compulsive gambling,
(Com. Sub. for H. B. 4404), Discount Medical Plan Organizations and Discount Prescription
Drug Plan Organizations Act,
(H. B. 4406), Relating to state board standards for the recommended duration of school bus
transportation times for students to and from school,
(Com. Sub. for H. B. 4407), Requiring automatic tire chains as standard equipment on all new
school buses,
(Com. Sub. for H. B. 4433), Increasing the maximum amount of a medical student loan that may
be cancelled,
(Com. Sub. for H. B. 4434), Establishing a higher education energy and water savings revolving
loan fund,
(Com. Sub. for H. B. 4438), Relating to air pollution control,
(H. B. 4449), Allowing the Higher Education Policy Commission and WV Council for
Community and Technical College Education to enter into lease-purchase agreements,
(H. B. 4465), Relating to fees charged by the Secretary of State,
(H. B. 4476), Public-Private Transportation Facilities Act,
(H. B. 4477), Relating to payment of GED exam fees,
(Com. Sub. for H. B. 4495), Limiting the use of the titles "registered nurse", "nurse practitioner",
and "nurse" to certain qualified individuals,
(Com. Sub. for H. B. 4515), Relating to reports by health care providers of persons incompetent
to drive an automobile,
(H. B. No. 4557), Relating to continuing education for insurance producers,
(Com. Sub. for H. B. 4588), Relating to public school support,
(Com. Sub. for H. B. 4619), Collaborative Family Law Proceedings.
(Com. Sub. for S. B. 142), Relating to limited expungement of certain criminal records,
(Com. Sub. for S. B. 224), Creating Joint Emergency Services Act of 2008,
(Com. Sub. for S. B. 280), Relating to Municipal Economic Opportunity Development District
Act,
(Com. Sub. for S. B. 309), Increasing Secretary of Transportation and Commissioner of
Highways salary when one person serves as both,
(Com. Sub. for S. B. 474), Creating limited sales tax holiday for certain Energy Star appliance
purchases,
(Com. Sub. for S. B. 492), Eliminating part-time prosecutors,
(S. B. 503), Requiring solid waste facility permit applicants furnish fingerprints for criminal
background checks,
(Com. Sub. for S. B. 553), Creating Permitting and Licensing Information Act,
(Com. Sub. for S. B. 564), Relating to higher education tuition and fee waivers,
(Com. Sub. for S. B. 571), Relating to certain firefighters' workers' compensation benefits,
(Com. Sub. for S. B. 573), Increasing public school teachers' and service personnel annual
salaries,
And,
(Com. Sub. for S. B. 590), Protecting health care workers.
March 26, 2008
(H. B. 4016), Updating meaning of federal adjusted gross income and certain other terms used
in West Virginia Personal Income Tax Act,
(H. B. 4017), Updating meaning of federal taxable income and certain other terms used in West
Virginia Corporation Net Income Tax Act,
(Com. Sub. for H. B. 4420), Imposing corporate net income tax on certain regulated investment
companies and real estate investment trusts used as tax sheltering vehicles,
(Com. Sub. for H. B. 4471), Making certain changes to the West Virginia State Police Retirement
System,
(Com. Sub. for H. B. 4472), Requiring a board of education to wait ten days before posting a new
job opening following the death of an employee,
(Com. Sub. for H. B. 4474), Relating to registered nurses required in operating rooms,
(Com. Sub. for H. B. 4484), Relating to the criminal offense of stalking,
(H. B. 4513), Relating to the reimbursement of costs for newborn screenings.
(Com. Sub. for H. B. 4524), Relating generally to the ethical standards of public officers,
employees and lobbyists,
(Com. Sub. for H. B. 4527), Allowing county commissions to regulate subdivisions and land
development without adopting a plan,
(Com. Sub. for H. B. 4554), Testing school bus operators every other year,
(H. B. 4567), Attracting private investment for the financing, construction and operation of
additional lodging units at Stonewall Jackson Lake State Park,
(Com. Sub. for H. B. 4617), Allowing e-notification by using e-certified cards for verification
of certified mail acceptance to the court of origin for service of process,
(H. B. 4623), Relating to establishing minimum deductions,
(Com. Sub. for H. B. 4636), Making changes to workers' compensation insurance,
(Com. Sub. for H. B. 4637), Relating to the deployment of broadband to the remaining unserved
areas of the state,
(H. B. 4670), Authorizing the Public Employees Insurance Agency to charge interest to employers
on amounts not paid on time,
And,
(H. B. 4684), Amending the West Virginia Film Industry Investment Act.
(Com. Sub. for S. B. 239), Creating Senior Citizen Property Tax Payment Deferment Act,
(Com. Sub. for S. B. 287), Establishing West Virginia Research Trust Fund,
(Com. Sub. for S. B. 467), Reauthorizing Dam Safety Rehabilitation Revolving Fund,
(Com. Sub. for S. B. 481), Authorizing physician assistants to conduct mental health hygiene
process examinations,
(S. B. 493), Granting emergency election powers to Secretary of State,
(S. B. No. 494), Providing voter verification through electronic poll book,
And,
(S. B. 495), Requiring certain poll worker training,
(S. B. 507), Clarifying voting procedures,
(Com. Sub. for S. B. 545), Relating to tax administration efficiency,
(Com. Sub. for S. B. 622), Creating Voluntary Rural and Outdoor Heritage Conservation Act,
(S. B. 641), Creating Water Resources Protection and Management Act,
(Com. Sub. for S. B. 650), Relating to Emergency Medical Services Retirement System,
(S. B. 722), Granting regulatory power to certain Board of Pharmacy facilities,
(Com. Sub. for S. B. 736), Relating to real property sales for persons with legal disabilities,
And,
(Com. Sub. for S. B. 746), Establishing takeback program for certain electronics.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were
granted Delegates Reynolds, Shook, Webster and Yost.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three to
notify the Senate that the House of Delegates had completed the business of the Second Regular Session
of the Seventy-eighth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Fleischauer, Ennis and J. Miller.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three on
the part of the House of Delegates, to join with a similar committee of the Senate, to inform His
Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Guthrie, Swartzmiller and C. Miller.
Messages from the Senate
A message from the Senate, by
Senators White, Foster and Yoder, announced that the Senate had completed the business of this
Second Regular Session and was ready to adjourn sine die.
Delegate Fleischauer, from the committee to notify the Senate of impending sine die adjournment,
announced that the committee had performed that duty.
Delegate Guthrie, from the committee to inform His Excellency, the Governor, that the
Legislature had completed the business of this Second Regular Session and was ready to adjourn sine die, announced the performance of that duty.
Messages from the Executive
Subsequent to the adjournment of the sessions, communications were received from His
Excellency, the Governor, advising that on March 14, 2008, he approved H. B. 4715; on March 15, 2008,
he approved Com. Sub. for H. B. 3065, Com. Sub. for H. B. 4018, H. B. 4080, H. B. 4085, Com. Sub.
for H. B. 4244, Com. Sub. for H. B. 4328, Com. Sub. for H. B. 4423, H. B. 4628; on March 17, 2008,
he approved Com. Sub. for S. B. 323 and Com. Sub. for H. B. 4368; on March 20, 2008, he approved
Com. Sub. for S. B. 13, Com. Sub. for S. B. 88, S. B. 101, Com. Sub. for S. B. 185, S. B. 217, Com. Sub.
for S. B. 234, S. B. 236, S. B. 238, S. B. 263, S. B. 270, S. B. 271, S. B. 272, Com. Sub. for S. B. 286,
Com. Sub. for S. B. 311, Com. Sub. for S. B. 496, Com. Sub. for S. B. 501, Com. Sub. for S. B. 505,
Com. Sub. for S. B. 514, Com. Sub. for S. B. 519, Com. Sub. for S. B. 565, S. B. 570, Com. Sub. for S.
B. 580, Com. Sub. for S. B. 619, Com. Sub. for S. B. 634 and S. B. 654; and on March 21, 2008, he
approved S. B. 673 and S. B. 674; on March 27, 2008, he approved Com. Sub. for S. B. 208, S. B. 237,
S. B. 253, Com. Sub. for S. B. 292, S. B. 297, S. B. 305, Com. Sub. for S. B. 325, S. B. 340, Com. Sub.
for S. B. 349, Com. Sub. for S. B. 398, Com. Sub. for S. B. 417, S. B. 466, S. B. 512, Com. Sub. for S.
B. 536, S. B. 541, Com. Sub. for S. B. 552, S. B. 574, Com. Sub. for S. B. 593, Com. Sub. for S. B. 596,
Com. Sub. for S. B. 622, Com. Sub. for S. B. 650, S. B. 653, S. B. 659, S. B. 671, Com. Sub. for S. B.
682, S. B. 706, Com. Sub. for S. B. 712, Com. Sub. for S. B. 751, S. B. 775, Com. Sub. for S. B. 778,
Com. Sub. for S. B. 781, S. B. 784, Com. Sub. for H. B. 2967, Com. Sub. for H. B. 4021, H. B. 4038, H.
B. 4072, H. B. 4073, H. B. 4078, Com. Sub. for H. B. 4079, Com. Sub. for H. B. 4082, Com. Sub. for
H. B. 4120, Com. Sub. for H. B. 4139, H. B. 4141, Com. Sub. for H. B. 4144, Com. Sub. for H. B. 4156,
Com. Sub. for H. B. 4157, Com. Sub. for H. B. 4209, Com. Sub. for H. B. 4255, Com. Sub. for H. B.
4304, Com. Sub. for H. B. 4337, Com. Sub. for H. B. 4344, Com. Sub. for H. B. 4381, Com. Sub. for H.
B. 4386, Com. Sub. for H. B. 4389, Com. Sub. for H. B. 4421, Com. Sub. for H. B. 4524 and Com. Sub.
for H. B. 4664; on March 28, 2008, he approved Com. Sub. for S. B. 201, Com. Sub. for S. B. 265, Com.
Sub. for S. B. 309, S. B. 317, Com. Sub. for S. B. 373, Com. Sub. for S. B. 476, Com. Sub. for S. B. 553, S. B. 595, Com. Sub. for S. B. 645, Com. Sub. for S. B. 657, Com. Sub. for S. B. 715, S. B. 780, Com.
Sub. for S. B. 740, Com. Sub. for H. B. 3215, Com. Sub. for H. B. 4036, Com. Sub. for H. B. 4041, Com.
Sub. for H. B. 4059, Com. Sub. for H. B. 4088, Com. Sub. for H. B. 4117, Com. Sub. for H. B. 4150,
Com. Sub. for H. B. 4287, Com. Sub. for H. B. 4402, H. B. 4406, Enr. Com. Sub. for H. B. 4420, Com.
Sub. for H. B. 4433, Com. Sub. for H. B. 4434, Com. Sub. for H. B. 4438, H. B. 4449, Com. Sub. for H.
B. 4494, Com. Sub. for H. B. 4511, Com. Sub. for H. B. 4527, H. B. 4557, Com. Sub. for H. B. 4570,
Com. Sub. for H. B. 4607, Com. Sub. for H. B. 4624, H. B. 4644, Com. Sub. for H. B. 4692; and on
March 31, 2008, he approved Com. Sub. for S. B. 680, Com. Sub. for H. B. 3056, Enr. H. B. 4016, Enr.
H. B. 4017, Com. Sub. for H. B. 4019, Com. Sub. for H. B. 4022, Com. Sub. for H. B. 4032, H. B. 4075,
Com. Sub. for H. B. 4094, Com. Sub. for H. B. 4129, Com. Sub. for H. B. 4290, Com. Sub. for H. B.
4296, H. B. 4348, Com. Sub. for H. B. 4357, Com. Sub. for H. B. 4383, H. B. 4465, H. B. 4477, Com.
Sub. for H. B. 4495, H. B. 4513, Com. Sub. for H. B. 4515, H. B. 4567, Com. Sub. for H. B. 4588, Com.
Sub. for H. B. 4613, Com. Sub. for H. B. 4617, Com. Sub. for H. B. 4619, H. B. 4623, Com. Sub. for H.
B. 4637, H. B. 4670 and H. B. 4684; on April 1, 2008, he approved Com. Sub. for S. B. 9, Com. Sub. for
S. B. 142, Com. Sub. for S. B. 224, Com. Sub. for S. B. 239, Com. Sub. for S. B. 280, Com. Sub. for S.
B. 287, Com. Sub. for S. B. 291, Com. Sub. for S. B. 467, Com. Sub. for S. B. 474, Com. Sub. for S. B.
481, Com. Sub. for S. B. 492, Com. Sub. for S. B. 493, Com. Sub. for S. B. 494, Com. Sub. for S. B. 495,
S. B. 503, Com. Sub. for S. B. 504, Com. Sub. for S. B. 507, Com. Sub. for S. B. 535, Com. Sub. for S.
B. 545, Com. Sub. for S. B. 564, Com. Sub. for S. B. 571, Com. Sub. for S. B. 573, Com. Sub. for S. B.
590, S. B. 641, S. B. 722, Com. Sub. for S. B. 736, Com. Sub. for S. B. 746, H. B. 3201, Com. Sub. for
H. B. 4023, Com. Sub. for H. B. 4121, Com. Sub. for H. B. 4331, Com. Sub. for H. B. 4364, H. B. 4388,
H. B. 4394, Com. Sub. for H. B. 4404, Com. Sub. for H. B. 4471, Com. Sub. for H. B. 4472, Com. Sub.
for H. B. 4474, H. B. 4476, Com. Sub. for H. B. 4484 and Com. Sub. for H. B. 4636.
Subsequent to the adjournment of session, the following communications were received from His
Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses as
follows:
March 20, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Senate Bill No. 477.
Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477 relates to the
compensation of Conservation Officers. Specifically, the Bill provides for a base pay increase, a hiring
bonus, and an increase in incremental pay. Although I support the intent of the Bill, I must object to this
legislation.
At the outset, I acknowledge the hard work and dedication of this State's Conservation Officers.
Conservation Officers are the backbone of the Division of Natural Resources, and their contributions to
the public welfare cannot be overstated. Nevertheless, I cannot approve this Bill at this time. I have
repeatedly stated that public salaries must be evaluated on a comprehensive basis within the context of
all public employees. Addressing public salaries in this manner offers a deeper perspective of the State's
financial standing and ensures that public employees are treated fairly. To that end, I requested - and the
Legislature approved - a three percent salary increase for all state employees, Conservation Officers
included, in the State Budget for the fiscal year 2009.
For this reason, I must veto Enrolled Committee Substitute for Committee Substitute for Senate
Bill No. 477.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 21, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Senate Bill No. 337.
Unfortunately, I must object to this Bill because its proposed title does not reflect the amendments
it purports to make to the Code of West Virginia. According to the title, Enrolled Senate bill No. 337
relates to "the removal of obsolete language concerning the Clerk of the Supreme Court of Appeals."
However, the Bill's proposed amendments to the Code are somewhat more substantive in nature and
would modify the Court's statutory authority to appoint employees in the Clerk's office. As a result, a
reasonable person would not be able to discern the proposed changes in the Code without reading the
entire text of the Enrolled Senate Bill No. 337. Accordingly, I find the title inconsistent with the
substance of the Bill so as to render the Bill constitutionally defective. For this reason, I must veto this
legislation.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
March 21, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State of West Virginia
State Capitol
Charleston, West Virginia 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I hereby
return Enrolled Committee Substitute for Senate Bill No. 150 approved with the following objections.
My first objection to the Bill is contained in the language found on page 6 through page 7, line
85 through 131, which states:
"Appropriations classified in any of the above categories shall be expended only for
the purposes as defined above and only for the spending units herein designated:
Provided, That the secretary of each department shall have the authority to transfer
within the department those general revenue funds appropriated to the various
agencies of the department: Provided, however, That no more than five percent of
the general revenue funds appropriated to any one agency or board may be
transferred to other agencies or boards within the department and no funds so
transferred may be transferred to a "personal services" line: Provided further, That
the secretary of each department and the director, commissioner, executive
secretary, superintendent, chairman or any other agency head not governed by a
departmental secretary as established by chapter five-f of the code shall have the
authority to transfer funds appropriated to "personal services" and "employee
benefits" to other lines within the same account and no funds from other lines shall
be transferred to the "personal services" line: And provided further, That the
secretary of each department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a departmental
secretary as established by chapter five-f of the code shall have the authority to
transfer general revenue funds appropriated to "annual increment" to other general
revenue accounts within the same department, bureau or commission for the
purpose of providing an annual increment in accordance with article five, chapter
five of the code: And provided further, That no authority exists hereunder to transfer
funds into line-items to which no funds are legislatively appropriated: And provided
further, That if the Legislature by subsequent enactment consolidates agencies,
boards or functions, the secretary or other appropriate agency head may transfer
the funds formerly appropriated to such agency, board or function in order to
implement such consolidation. No funds may be transferred from a Special Revenue
Account, dedicated account, capital expenditure account or any other account or
fund specifically exempted by the Legislature from transfer, except that the use of
the appropriations from the State Road Fund for the office of the Secretary of the
Department of Transportation is not a use other than the purpose for which such
funds were dedicated and is permitted."
The phrase contained in lines ninety-five and ninety-six "and no funds so transferred may be
transferred to a 'personal services' line" is new language that would eliminate a department secretary's
ability to transfer personnel within his/her department to achieve needed efficiencies. Therefore, I am
deleting this restrictive language.
My second objection to the Bill is contained in Item 10, page 20, line 18, which states:
"4-H Camp Improvements941990,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. In addition, there is already sufficient funding for these types of expenditures within State
government which allows for more transparency, accountability, and efficiency. Therefore, I am reducing
the appropriation in the amount of $990,000 to $0.
My third objection to the Bill is contained in the language found in Item No. 18, page 25, line 26
through line 32, which states:
"From the above appropriation for Financial Advisor (activity 304) amounts may be expended for financial consulting services, conditioned upon the provider of the
services monthly reports to the Joint Committee on Government and Finance on all
aspects of its work, including all findings, reports, recommendations, projects and
tasks."
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. Requiring the service providers to make monthly reports and provide the specified copies
to the Joint Committee on Government and Finance is cost-prohibitive inasmuch as the State would be
required to compensate each provider for its time and reimburse expenses associated with the preparation
of such monthly reports. Therefore, I am deleting the phrase contained in lines 28 through 32 which reads
", conditioned upon the provider of the services monthly reports to the Joint Committee on Government
and Finance on all aspects of its work, including all findings, reports, recommendations, projects and
tasks".
My fourth objection to the Bill is contained in the language found in Item No. 21, page 27, line
11 through line 25, which states:
"From the above appropriation for Preservation and Maintenance of Statues and
Monuments on Capitol Grounds (activity 371), the Division shall first restore The
Union Soldiers, Sailors and Marines Monument, then consider the suggestions of the
National Park Service resulting from its ongoing informal assessment of the
condition of these statues and memorials in setting further priorities for preservation
and maintenance. The Division shall report on its progress in these efforts at each
meeting of the Council of Finance and Administration, along with its priorities for
this and future funding. The Division shall also consult the Division of Culture and
History and Capitol Building Commission in all aspects of planning, assessment,
maintenance and restoration."
I am deleting the phrase contained in lines 13 through 22 which reads "first restore The Union
Soldiers, Sailors and Marines Monument, then consider the suggestions of the National Park Service
resulting from its ongoing informal assessment of the condition of these statues and memorials in setting
further priorities for preservation and maintenance. The Division shall report on its progress in these
efforts at each meeting of the Council of Finance and Administration, along with its priorities for this and
future funding. The Division shall also" because this language is overly restrictive and could cause
inefficiencies in restoration work.
My fifth objection to the Bill is contained in Item 35, page 34, line 7, which states:
"Unclassified0993,169,569"
Included in the above appropriation for "Unclassified" is $50,000 for a new highway authority.
In consideration of current national economic conditions and the hardships faced by many other states,
it is prudent at this time to work toward the completion of existing projects rather than spreading already
thin resources to new projects that would require ongoing funding in future years. The above
"Unclassified" appropriation also includes new funding of $80,000 for the National Railway Historical
Society New River Excursion, however, I believe it is important to be financially cautious and take a
more conservative approach by reducing the $80,000 to $40,000. Therefore, I am cumulatively reducing
the appropriation by the amount of $90,000, to $3,079,569.
My sixth objection to the Bill is contained in Item 35, page 35, line 41, which states:
"I-79 Development Council82480,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The above appropriation of $80,000 is $30,000 above the 2008 level appropriation.
Therefore, I am reducing the appropriation by the amount of $30,000, to $50,000.
My seventh objection to the Bill is contained in the language found in Item No. 35, page 36, line
86 through line 96, which states:
"From the above appropriation for the Unclassified (fund 0256, activity 099),
$125,000 is for King Coal Highway Authority; $125,000 is for Coal Field Expressway
Authority; $100,000 is for Coal Heritage Highway Authority; $100,000 is for Coal
Heritage Area Authority; $50,000 is for Little Kanawha River Parkway; $90,000 is
for Midland Trail Scenic Highway Association; $57,000 is for Shawnee Parkway
Authority; $100,000 is for Corridor G Highway Authority; $75,000 is for Corridor
H Authority; and $50,000 is for Route 2 I68 Highway Authority."
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The Route 2 I68 Highway Authority has not received funding in prior years. In
consideration of current economic conditions nationally and in surrounding states, it is prudent at this
time to work toward the completion of existing projects rather than spreading already thin resources to
new projects that would require ongoing funding in future years. Therefore, I am deleting line 95 through
line 96 which states "; and $50,000 is for Route 2 I68 Highway Authority".
My eighth objection to the Bill is contained in the language in Item 35, page 36, line 97 through
line 100, which states:
"From the above appropriation for the Unclassified (fund 0256, activity 099) $250,000 is for
Hatfield McCoy Recreational Trail; and $80,000 is for the National Railway Historical
Society New River Excursion."
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken in building the State's budget.
Therefore, I am reducing the amount on line 99 which reads "$80,000" to "$40,000".
My ninth objection to the Bill is contained in Item No. 37, page 37, line 11, which states:
"Law Enforcement806$4,061,725"
Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 477 relates to the
compensation of Conservation Officers. Specifically, the Bill provides for a base pay increase, a hiring
bonus, and an increase in incremental pay. Although I supported the intent of the Bill, I vetoed this
legislation.
At the outset, I acknowledge the hard work and dedication of this State's Conservation Officers.
Conservation Officers are the backbone of the Division of Natural Resources, and their contributions to
the public welfare cannot be overstated. Nevertheless, I did not approve this Bill at this time. I have
repeatedly stated that public salaries must be evaluated on a comprehensive basis within the context of all public employees. Addressing public salaries in this manner offers a deeper perspective of the State's
financial standing and ensures that public employees are treated fairly. To that end, I requested - and the
Legislature approved - a three percent salary increase for all state employees, Conservation Officers
included, in the State Budget for the fiscal year 2009. Therefore, I am reducing the appropriation by the
amount of $1,132,380, to $2,929,345.
My tenth objection to the Bill is contained in the language found in Item No. 38, page 38, line 4,
which states:
"Unclassified (R)0992,197,375"
The "(R)" following the name of an appropriation denotes the unexpended amounts at the end of
the year are reappropriated to the next fiscal year. There will be no reappropriation language for this
activity. Therefore, I have deleted the "(R)" contained on line 4.
My eleventh objection to the Bill is contained in the language found in Item No. 38, page 38, line
9 through line 15, which states:
"The appropriation above for Unclassified (fund 0277, fiscal year 2006, activity 099)
shall be used in developing, procuring and/or deploying, technologies to assist in
locating and communicating with trapped miners, supporting life, transporting
rescue personnel and rescued individuals through underground mines and otherwise
assist with mine rescue operations."
The funding from this activity and fiscal year is nearly exhausted, and because no provision for
reappropriation in fiscal year 2009 has been made, the directive language is unnecessary. Therefore, I
am deleting in its entirety line 9 through line 15.
My twelfth objection to the Bill is contained in Item 45, page 41, line 4, which states:
"Unclassified (R)0993,915,000"
Included within this funding is $515,000 which would offset the unreserved fund balance at June
30, 2007 of four county boards of education. However, changes in the school aid formula made in
Enrolled Committee Substitute for House Bill No. 4588, passed during the 2008 Regular Legislative
Session, help address the funding needs of those counties. The new funding formula, which includes
enhanced funding for smaller counties, will add over $34,000,000 to the School Aid Formula over the
next five years and provide for a more fair distribution of the funds. Therefore, I am reducing the
appropriation by the amount of $515,000, to $3,400,000.
My thirteenth objection to the Bill is contained in Item 45, page 41, line 8, which states:
"Teacher Mentor (R)1581,000,000"
With the pending Teacher Retirement merger outcome bringing uncertainty as to how many new
teachers will require a mentor teacher next school year, due to the possibility of increased retirements,
I believe the current level funding of $850,000 is sufficient for the Teacher Mentor Program until we have
more information. After the Teacher Retirement Merger is finalized the funding needs of the Teacher
Mentor Program will be reassessed. Therefore, I am reducing the appropriation by the amount of
$150,000, to $850,000.
My fourteenth objection to the Bill is contained in Item 45, page 42, line 37 through line 38,
which states:
"WV Commission on Holocaust
Education93515,000"
Funding for this most worthy project will be provided through the State Department of
Education's Unclassified line item. Therefore, I am reducing the appropriation in the amount of $15,000,
to $0.
My fifteenth objection to the Bill is contained in the language found in Item 45, page 43 through
page 44, line 86 through 92, which states:
"From the above appropriation for Unclassified (activity 099) $150,000 is for
Hancock County Board of Education, $120,000 is for Hardy County Board of
Education, $225,000 is for Pendleton County Board of Education and $20,000 is for
Taylor County Board of Education. This funding is needed to offset the deficits at
these County Boards of Education."
Changes in the school aid formula made in Enrolled Committee Substitute for House Bill No.
4588, passed during the 2008 Regular Legislative Session, help address the funding needs of these
counties. The new funding formula, which includes enhanced funding for smaller counties, will add over
$34,000,000 to the School Aid Formula over the next five years and provide for a more fair distribution
of the funds. For those reasons, I am eliminating the funding of $515,000. Therefore, I am deleting, in
its entirety, line 86 through line 92.
My sixteenth objection to the Bill is contained in Item No. 60, page 55, line 39 through line 40,
which states:
"Emergency Response Entities -
Special Projects8221,000,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The above appropriation of $1,000,000 is $200,000 above the 2008 level appropriation.
Therefore, I am reducing the appropriation by the amount of $200,000, to $800,000.
My seventeenth objection to the Bill is contained in Item No. 61, page 58, line 5 through line 6,
which states:
"Behavioral Health Program-
Unclassified (R)219$52,829,562"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The above appropriation of $52,829,562 is $50,000 above the 2008 level appropriation with
respect to the Four Angels program. Keeping the amount at the FY 2008 level, $100,000, and knowing
that other grant opportunities are available from various sources such as the Purdue Pharma/OxyContin
settlement funds, I am reducing the appropriation in the amount of $50,000, to $52,779,562.
My eighteenth objection to the Bill is contained in the language found in Item No. 61, page 59, line 32 through line 35, which states:
"Included in the above appropriation for Behavioral Health Program Unclassified
(fund 0525, activity 219) is $150,000 for the Four Angels Substance Abuse Treatment
Project development."
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The FY 2008 funding level of $100,000, together with funding that may be received from
other sources, such as applying for a grant from the Purdue Pharma/OxyContin settlement funds, which
have set aside $1,000,000 for statewide prevention programs would provide this program with adequate
funding. Since additional opportunities for the Four Angels Substance Abuse program are available, I
am reducing the amount on line 34 which reads "$150,000" to "$100,000" to maintain the fiscal year
2008 level of funding.
My nineteenth objection to the Bill is contained in Item 64, page 61, line 21 through line 22,
which states:
"WV Teaching Hospitals
Tertiary/Safety Net5476,356,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The above appropriation of $6,356,000 is $1,500,000 above the 2008 level appropriation.
In addition, funding for this program increased by $1,500,000 from FY 2007 to FY 2008. Therefore, I
am reducing the appropriation by the amount of $1,500,000, to $4,856,000.
My twentieth objection to the Bill is contained in Item No. 64, page 62, line 24, which states:
"In-Home Family Education688$1,000,000"
In consideration of current economic conditions nationally and in surrounding states, I believe a
smaller appropriation increase to this worthy program will be sufficient to deliver necessary services.
Therefore, I am reducing the appropriation in the amount of $250,000, to $750,000, which nevertheless
yields an increase of $145,000 over the prior budget year.
My twenty-first objection to the Bill is contained in the language found in Item No. 64, page 64,
line 97 through line 100, which states:
"From the above appropriation for Medical Services (activity 189), the division shall
expend any funds necessary to comply with the Court Order dated March 15, 2000
in the Benjamin H. Et. Al. Joan Ohl case."
The proposed language does not provide guidance beyond that provided by the Court Order in the
cited case. The Department of Health and Human Resources is already taking adequate steps to comply
with the Court Order. Therefore, I am deleting in its entirety line 97 through line 100.
My twenty-second objection to the Bill is contained in Item 66, page 65, line 4, which states:
"Unclassified (R)09920,054,605"
Included in the "Unclassified" line is $100,000 of funding for the former Oak Hill Armory. The
property has been sold and the transfer has been completed. Therefore, I am reducing the appropriation
in the amount of $100,000, to $19,954,605.
My twenty-third objection to the Bill is contained in the language found in Item No. 66, page 66,
line 20 through line 23, which states:
"From the above appropriation for Unclassified (fund 0433, activity 099) $100,000
is for the Oak Hill Armory and an amount not less than $1,200,000 is for the
Mountaineer ChalleNGe Academy."
The Oak Hill Armory has been sold and the property transfer is complete. Therefore, I am
deleting the language contained in line 21 and line 22 "$100,000 is for the Oak Hill Armory and".
My twenty-fourth objection to the Bill is contained in Item 90, page 85, line 2 and line 3, which
states:
"Higher Education Grant
Program16434,084,576"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. The amount of $33,660,000 included in the FY 2009 Executive Budget already addressed
the requirements of W.Va. Code §18C-5-3 by providing a 2% increase over the previous fiscal year
appropriation to the grant program. Therefore, I am reducing the appropriation in the amount of
$424,576, to $33,660,000.
My twenty-fifth objection to the Bill is contained in Item 91, page 87, line 23, which states:
"West Virginia University459115,512,018"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. Included in the above appropriation for West Virginia University is $260,000 of new funds
for the Alzheimer's Disease Registry. However, funding relating to Alzheimer's Disease of $800,000
is currently provided in the FY 2009 base budget at the WVU-School of Health Sciences, and $1,000,000
was provided to the Blanchette Rockefeller Neurosciences Institute in a March 2007 Special Session.
Therefore, I am reducing the $260,000 to $0. Also included in the above appropriation is an additional
$10,000 for the rifle team, over and above the $100,000 FY 2008 appropriation level. Therefore, I am
reducing the amount by $10,000 to maintain the FY 2008 appropriation level. Additionally, the above
appropriation includes new funding of $100,000 for Turkey Research at Raymann Memorial Farms. In
an effort to avoid building the base budget with funding for new projects, I am reducing the $100,000 to
$0. Therefore, I am cumulatively reducing the above appropriation by the amount of $370,000, to
$115,142,018.
My twenty-sixth objection to the Bill is contained in Item 91, page 87, line 28 through line 29,
which states:
"State Priorities-Brownfield/
Professional Development (R)531902,830"
A portion of the funding provided by this appropriation is dedicated to funding demographers at
both Marshall University and West Virginia University to obtain information similar to that which will
be provided by the Regional Economic Models Incorporated (REMI) project. Funding for the operation
of REMI is provided in other budgetary lines, thus this appropriation is duplicative. Therefore, I am
reducing the appropriation by the amount of $100,000, to $802,830.
My twenty-seventh objection to the Bill is contained in the language found in Item 91, page 88
through 89, line 70 through line 92, which states:
"Included in the above appropriation for West Virginia University is $34,500 for the
Marshall and WVU Faculty and Course Development International Study Project,
$246,429 for the WVU Law School-Skills Program, $147,857 for the WVU Coal and
Energy Research Bureau, $19,714 for the WVU College of Engineering and Mineral
Resources-Diesel Training-Transfer, $82,500 for the WVU-Sheep Study, $500,000
for the Mining Engineering Program, $500,000 for the Center for Multiple Sclerosis
Program, $550,000 for the Davis College of Forestry Agriculture and Consumer
Sciences various improvements, $200,000 for Reedsville Arena, Meat Labs, and
outreach activities, $80,000 for a Landscape Architect at Davis College of Forestry
Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing Program,
$100,000 for a veterinarian, 50,000 for the WVU Cancer Study, 220,000 for the
WVU Petroleum Engineering Program, $260,000 for the Alzheimer's Disease
Registry, $110,000 for the rifle team, $250,000 for the Jackson's Mill Arena building,
$500,000 for the Jackson's Mill Infrastructure electricity and water, and $100,000
for Turkey Research at Raymann Memorial Farms."
As fully set forth in my twenty-fifth objection herein, due to other funding that has been provided,
I am deleting the language on line 87 through line 88 that reads "$260,000 for the Alzheimer's Disease
Registry,". Additionally, I am reducing the amount in the language on line 88 through line 89 that directs
"$110,000" for the rifle team, to "$100,000" to maintain funding at the FY 2008 level. Finally, I am
deleting the language on line 91 through line 92 that reads ", and $100,000 for Turkey Research at
Raymann Memorial Farms" to avoid building the base budget with the addition of a new project at a time
when it is important to practice fiscal restraint.
My twenty-eighth objection to the Bill is contained in the language found in Item 91, page 89
through page 90, line 104 through line 108, which states:
"From the above appropriation for State Priorities-Brownfield Professional
Development (fund 0586, activity 591) $50,000 shall be made payable to both
Marshall University and West Virginia University for a demographer."
Funding for the operation of REMI, which provides information similar to that which a
demographer may provide, is included in other budgetary lines, thus this appropriation is duplicative.
I am eliminating the funding of $100,000 for a demographer at both Marshall University and West
Virginia University. Therefore, I am deleting in its entirety line 104 through line 108.
My twenty-ninth objection to the Bill is contained in Item 251, page 158, line 4, which states:
"Fairs and Festivals1222,990,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's base budget. The above appropriation of $2,990,000 is $304,000 above the 2008 level appropriation. I
believe that the Legislature can fairly fund Fairs and Festivals with the balance from the current year
appropriation and with minor adjustments to the funding levels. Therefore, I am reducing the
appropriation in the amount of $304,000, to $2,686,000.
My thirtieth objection to the Bill is contained in Item 251, page 158, line 9, which states:
"Tri-County Fair Association343125,000"
In addition to the appropriation above, Tri-County Fair receives a $15,000 grant in the FY 2009
Fairs and Festivals appropriation. The $125,000 appropriation greatly exceeds the amount provided for
similar fairs and festivals. Therefore, I am reducing the above Tri-County Fair Association appropriation
in the amount of $100,000, to $25,000. With this reduction, Tri-County Fair will still receive a total of
$40,000 from both sources of funding.
My thirty-first objection to the Bill is contained in Item 251, page 159 through page 169, line 36
through line 383, which states:
"Included in the above appropriation for Fairs and Festivals (fund 3534, activity
122) funding shall be provided to the African-American Cultural Heritage Festival
5,000, African-American Heritage Family Tree Museum 4,500, African-American
Jubilee (Ohio) 5,500, Alderson 4th of July Celebration (Greenbrier) 5,000, Allegheny
Echo (Pocahontas) 7,500, Alpine Festival/Leaf Peepers Festival (Tucker) 11,250,
American Legion Post 8, Veterans Day Parade 2,000, Angus Beef and Cattle Show
(Lewis) 1,500, Annual Labor Day Observance (Randolph) 2,000, Antique Market
Fair (Lewis) 2,000, Apollo Theater-Summer Program (Berkeley) 2,000, Appalachian
Autumn Festival (Braxton) 3,500, Appalachian Mountain Bike Race (Calhoun)
1,500, Apple Butter Festival (Morgan) 6,000, Aracoma Story (Logan) 50,000,
Arkansaw Homemaker's Heritage Weekend (Hardy) 3,500, Armed Forces Day-
South Charleston (Kanawha) 3,000, Arthurdale Heritage New Deal Festival
(Preston) 5,000, Arts Monongahela (Monongalia) 20,000, Athens Town Fair
(Mercer) 2,000, Augusta Fair (Randolph) 5,000, Barbour County Arts & Humanities
Council 1,500, Barbour County Fair 25,000, Barboursville Octoberfest (Cabell)
5,000, Bass Festival (Pleasants) 1,850, Battelle District Fair (Monongalia) 5,000,
Battle of Dry Creek (Greenbrier) 1,500, Battle of Lewisburg Civil War Days
(Greenbrier) 3,000, Battle of Point Pleasant Memorial Committee (Mason) 5,000,
Beckley Main Street (Raleigh) 5,000, Belington VFD Community Fair (Barbour)
1,750, Belle Boyd House (Berkeley) 2,000, Belle Town Fair (Kanawha) 4,500, Bergoo
Down Home Days (Webster) 2,500, Berkeley County Youth Fair 3,500, Birch River
Days Festival (Nicholas) 2,000, Black Bear 4K Mountain Bike Race 1,000, Black
Heritage Festival (Harrison) 6,000, Black Walnut Festival (Roane) 10,000, Blue-Gray
Reunion (Barbour) 3,500, Boone County Fair 10,000, Boone County Labor Day
Celebration 4,000, Bradshaw Fall Festival (McDowell) 2,000, Bramwell Street Fair
(Mercer) 1,500, Braxton County Fairs and Festivals Association 11,500, Brooke
County Fair 3,500, Bruceton Mills Good Neighbor Days (Preston) 2,000, Buckwheat
Festival (Preston) 8,500, Buffalo 4th of July Celebration (Putnam) 500, Buffalo
Creek Memorial (Logan) 5,000, Burlington Apple Harvest Festival (Mineral) 30,000,
Cabell County Fair 10,000, Calhoun County Wood Festival 2,000, Cape Coalwood
Festival Association (McDowell) 2,500, Capon Bridge Annual VFD Celebration
(Hampshire) 1,000, Capon Springs Ruritan 4th of July (Hampshire) 1,000, Carnegie
Hall, Inc. (Greenbrier) 70,000, Cass Homecoming (Pocahontas) 2,000, Cedarville Town Festival (Gilmer) 1,000, Celebration in the Park (Wood) 4,000, Celebration of
America (Monongalia) 6,000, Ceredo Historical Society (Wayne) 2,000, Ceredo-
Kenova Railroad Museum (Wayne) 2,000, Chapmanville Apple Butter Festival
(Logan) 1,000, Chapmanville Fire Department 4th of July 3,000, Charles Town
Christmas Festival (Jefferson) 5,000, Charles Town Heritage Festival (Jefferson)
5,000, Charleston Sternwheel Regatta (Kanawha) 20,000, Cherry River Festival
(Nicholas) 6,500, Chester Fireworks (Hancock) 1,500, Chester Fourth of July
Festivities (Hancock) 5,000, Chief Logan State Park-Civil War Celebration (Logan)
8,000, Christmas in Shepherdstown (Jefferson) 4,000, Christmas in the Park
(Brooke) 5,000, Christmas in the Park (Logan) 25,000, City of Dunbar Critter
Dinner (Kanawha) 10,000, City of Pinegrove Centennial Celebration (Wetzel) 5,000,
City of Pleasant Valley Celebration (Marion) 2,500, Civil War Horse Cavalry Race
(Barbour) 1,000, Clay County Golden Delicious Apple Festival 5,000, Coal Field
Jamboree (Logan) 35,000, Coalton Days Fair (Randolph) 7,000, Collis P. Huntington
Railroad Historical Society 10,000, Country Roads Festival (Fayette) 2,000, Cowen
Railroad Festival (Webster) 3,500, Craigsville Fall Festival (Nicholas) 3,500,
Delbarton Homecoming (Mingo) 3,500, Doddridge County Fair 5,200, Dunlow Fall
Festival (Wayne) 2,000, Durbin Days (Pocahontas) 5,000, Elbert/Filbert Reunion
Festival (McDowell) 1,500, Elizabethtown Festival (Marshall) 4,000, Fairview 4th of
July Celebration (Marion) 1,000, Farm Safety Day (Preston) 2,000, Fayette
American Legion 4th of July 1,000, FestivALL Charleston (Kanawha) 20,000, First
Stage Children's Theater Company (Cabell) 2,000, Flanagan Murrell House
(Summers) 10,000, Flatwood Days (Braxton) 1,000, Flemington Day Fair and
Festival (Taylor) 3,500, Follansbee Community Days (Brooke) 8,250, Fort Ashby
Fort (Mineral) 1,500, Fort Gay Mountain Heritage Days (Wayne) 5,000, Fort New
Salem (Harrison) 3,700, Fort Randolph (Mason) 5,000, Frankford Autumnfest
(Greenbrier) 5,000, Franklin Fishing Derby (Pendleton) 7,500, Freshwater Folk
Festival (Greenbrier) 5,000, Friends Auxiliary of W.R. Sharpe Hospital 5,000,
Frontier Days (Harrison) 3,000, Frontier Fest/Canaan Valley (Taylor County) 5,000,
Fund for the Arts-Wine & All that Jazz Festival 2,500, Gassaway Days Celebration
(Braxton) 5,000, General Adam Stephen Memorial Foundation 18,525, Gilbert
Kiwanis Harvest Festival (Mingo) 4,000, Gilbert Spring Fling (Mingo) 5,000, Gilmer
County Farm Show 4,000, Grafton Mother's Day Shrine Committee (Taylor) 8,500,
Grant County Arts Council 2,000, Grape Stomping Wine Festival (Nicholas) 2,000,
Great Greenbrier River Race (Greenbrier) 50,000, Greater Quinwood Days
(Greenbrier) 2,000, Green Spring Days (Hampshire) 1,000, Guyandotte Civil War
Days (Cabell) 10,000, Hamlin 4th of July Celebration (Lincoln) 5,000, Hampshire
Civil War Celebration Days 1,000, Hampshire County 4th of July Celebration
20,000, Hampshire County Fair 6,000, Hampshire County French & Indian War
Celebration 1,000, Hampshire Heritage Days 3,000, Hancock County Oldtime Fair
5,000, Hardy County Commission - 4th of July 10,000, Hardy County Tour and
Crafts Association 20,000, Harts Community Celebration (Lincoln) 1,000, Hatfield
McCoy Matewan Reunion Festival (Mingo) 5,000, Hatfield McCoy Trail National
ATV and Dirt Bike Weekend (Wyoming) 5,000, Heritage Craft Center of the
Eastern Panhandle 7,000, Heritage Craft Festival (Monroe) 1,000, Heritage Days
Festival (Roane) 1,500, Heritage Farm Museum & Village (Cabell) 50,000, Hicks
Festival (Tucker) 2,000, Hilltop Festival (Huntington) 1,000, Hinton Railroad Days
(Summers) 5,500, Historic Fayette Theater (Fayette) 5,500, Historic Middleway
Conservancy (Jefferson) 1,000, Holly River Festival (Webster) 1,500, Hundred 4th
of July (Wetzel) 7,250, Hundred American Legion Earl Kiger Post Bluegrass Festival
(Wetzel) 2,000, Huntington Outdoor Theater (Cabell) 2,000, Hurricane 4th of July Celebration (Putnam) 5,000, Iaeger Lions Club Annual Golf Show (McDowell) 1,500,
Iaeger Town Fair (McDowell) 1,500, Indian Mound Cemetery (Hampshire) 2,000,
International Ramp Cook-Off (Randolph) 2,000, Irish Heritage Festival of WV
(Raleigh) 5,000, Irish Spring Festival (Lewis) 1,000, Italian Heritage Festival-
Clarksburg (Harrison) 30,000, Jackson County Fair 5,000, Jacksonburg
Homecoming (Wetzel) 1,000, Jane Lew Arts and Crafts Fair (Lewis) 1,000, Jefferson
Co. Black History Preservation Society 5,000, Jefferson Co. Historical Landmark
Commission 8,000, Jefferson County African American Heritage Festival 5,000,
Jefferson County Fair Association 25,000, Jersey Mountain Ruritan Pioneer Days
(Hampshire) 1,000, John Henry Days Festival (Monroe) 5,000, Johnnie Johnson
Blues and Jazz Festival (Marion) 5,000, Johnstown Community Fair (Harrison)
2,500, Junior Heifer Preview Show (Lewis) 2,000, Kanawha Coal Riverfest-St.
Albans July 5,000, Kay Ford Reunion (Kanawha) 2,500, Kenova Fall Festival
(Wayne) 5,000, Kermit Fall Festival (Mingo) 3,000, Keyser Old Fashioned 4th of July
Celebration (Mineral) 1,000, King Coal Festival (Mingo) 5,000, Kingwood
Downtown Street Fair and Heritage Days (Preston) 2,000, L.Z. Rainelle WV
Veterans Reunion (Greenbrier) 5,000, Lady of Agriculture (Preston) 1,000, Lamb
and Steer Show 9,000, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail
(Mingo) 10,000, Last Blast of Summer (McDowell) 5,000, Laurel Mt. Re-enactment
Committee (Barbour) 3,250, Levels VFD Lawn Association (Hampshire) 1,000,
Lewis County Fair Association 3,500, Lewisburg Shanghai (Greenbrier) 2,000,
Lincoln County Fall Festival 8,000, Lincoln County Winterfest 5,000, Lincoln
District Fair (Marion) 2,500, Lindside 4th of July (Monroe) 500, Little Birch Days
Celebration (Braxton) 500, Little Levels Heritage Festival 2,000, Logan County Arts
and Crafts Fair 4,000, Logan Freedom Festival 15,000, Lost Creek Community
Festival 6,000, Maddie Carroll House (Cabell) 7,500, Mannington District Fair
(Marion) 6,000, Maple Syrup Festival (Randolph) 1,000, Marion County FFA Farm
Fest 2,500, Marmet Annual Labor Day Celebration (Kanawha) 2,000, Marshall
County Antique Power Show 2,500, Marshall County Fair 7,500, Marshall County
Historical Society 8,500, Mason County Fair 5,000, Mason Dixon Festival
(Monongalia) 7,000, Matewan Massacre Reenactment (Mingo) 6,000, Matewan-
Magnolia Fair (Mingo) 45,000, McARTS-McDowell County 20,000, McCoy Theater
(Hardy) 20,000, McDowell County Fair 2,500, McGrew House History Day 2,000,
McNeill's Rangers (Mineral) 8,000, Meadow Bridge Hometown Festival (Fayette)
1,250, Meadow River Days Festival 3,000, Mercer Bluestone Valley Fair 2,000,
Mercer County Fair 2,000, Mid Ohio Valley Antique Engine Festival (Wood) 3,000,
Milton Christmas in the Park (Cabell) 2,500, Milton Fourth of July Celebration
(Cabell) 2,500, Mineral County Fair 1,750, Mineral County Veterans Day Parade
1,500, Molasses Festival (Calhoun) 2,000, Moncove Lake Festival (Monroe) 2,000,
Monroe County Farmer's Day - Union 2,000, Monroe County Harvest Festival 2,000,
Morgan County Fair-History Wagon 1,500, Morgantown Theater Company 20,000,
Mothers' Day Festival (Randolph) 2,500, Moundsville Bass Festival 4,000,
Moundsville July 4th Celebration (Marshall) 5,000, Mount Liberty Fall Festival
(Barbour) 2,500, Mountain Fest (Monongalia) 20,000, Mountain Festival (Mercer)
4,625, Mountain Heritage Arts and Crafts Festival 5,000, Mountain Music Festival
2,500, Mountain State Apple Harvest Festival (Berkeley) 7,500, Mountain State Arts
Crafts Fair Cedar Lakes (Jackson) 5,000, Mountaineer Boys' State (Lewis) 10,000,
Mountaineer Hot Air Balloon Festival (Monongalia) 4,000, Mud River Festival
(Lincoln) 8,000, Mullens Dogwood Festival (Wyoming) 6,000, Multi-Cultural
Festival of West Virginia 20,000, Museum in the Community (Putnam) 45,000,
Music Hall of Fame (Marion) 5,000,New Cumberland Christmas Parade (Hancock) 3,000, New Cumberland Fourth of July Fireworks (Hancock) 5,000, New River
Bridge Day Festival (Fayette) 40,000, Newburg Volunteer Fireman's Field Day
(Preston) 1,000, Newell Annual Clay Festival (Hancock) 3,000, Nicholas County Fair
5,000, Nicholas County Potato Festival 3,500, Nicholas Old Main Foundation
(Nicholas) 2,000, Norman Dillon Farm Museum (Berkeley) 10,000, North Preston
Farmers Club - Civil War Times 1,000, North River Valley Festival (Hampshire)
1,000, Northern Preston Mule Pull and Farmers Days 4,000, Oak Leaf Festival
(Fayette) 4,000, Oceana Heritage Festival (Wyoming) 6,000, Oglebay City Park -
Festival of Lights (Ohio) 80,000, Oglebay Festival (Ohio) 10,000, Ohio County Fair
8,500, Ohio Valley Beef Association (Wood) 2,500, Old Central City Fair
(Huntington) 5,000, Old Opera House Theater Company (Jefferson) 15,000, Old
Tyme Christmas (Jefferson) 2,400, Paden City Labor Day Festival (Wetzel) 6,500,
Parkersburg Arts Center 20,000, Parkersburg Homecoming (Wood) 12,000, Patty
Fest 2,000, Paw Paw District Fair (Marion) 3,500, Pax Reunion Committee (Fayette)
5,000, Pendleton County 4-H Weekend 2,000, Pendleton County Committee for Arts
15,000, Pendleton County Fair 25,000, Pennsboro Country Road Festival (Ritchie)
2,000, Petersburg Fourth of July Celebration (Grant) 20,000, Petersburg HS
Celebration (Grant) 10,000, Peterstown 4th of July Horse Show (Grant) 1,000,
Piedmont-Annual Back Street Festival (Mineral) 4,000, Pinch Reunion (Kanawha)
1,500, Pine Bluff Fall Festival (Harrison) 4,000, Pine Grove 4th of July Festival
(Wetzel) 5,000, Pineville Festival (Wyoming) 6,000, Pleasants County Agriculture
Youth Fair 5,000, Poca Heritage Days (Putnam) 3,000, Pocahontas County Pioneer
Days 7,000, Pocahontas Historic Opera House 6,000, Point Pleasant Stern Wheel
Regatta (Mason) 5,000, Potomac Highlands Maple Festival (Grant) 6,000, Princeton
Street Fair (Mercer) 5,000, Putnam County Fair 5,000, Quartets on Parade (Hardy)
4,000, Rainelle Fall Festival (Greenbrier) 3,000, Raleigh County All Wars Museum
10,000, Randolph County Community Arts Council 3,000, Randolph County Fair
7,000, Ranson Christmas Festival (Jefferson) 5,000, Ranson Festival (Jefferson)
5,000, Ravenswood Octoberfest (Jackson) 5,000, Ravenswood Ohio River Festival
(Jackson) 3,000, Reedsville VFD Fair (Preston) 2,000, Renick Liberty Festival
(Greenbrier) 1,000, Rhododendron Girls' State (Ohio) 10,000, Riders of the Flood
(Greenbrier) 3,000, Ripley 4th of July (Jackson) 15,000, Ritchie County Fair and
Exposition 5,000, Ritchie County Pioneer Days 1,000, Ritter Park Days (Cabell)
3,000, River Heritage Days - Speed Boat Race (Wetzel) 5,000, River Heritage Days
Festival (Wetzel) 6,000, Riverfest (Marion) 2,000, Roane Co. 4-H and FFA Youth
Livestock Program 5,000, Roane County Agriculture Field Day 3,000, Ronceverte
River Festival (Greenbrier) 5,000, Rowlesburg Labor Day Festival (Preston) 1,000,
Rupert Country Fling (Greenbrier) 3,000, Salem Apple Butter Festival (Harrison)
4,000, Scottish Heritage Society/N. Central WV Central 5,000, Sistersville 4th of July
Fireworks (Wetzel) 5,500, Smoke on the Water (Kanawha) 2,000, Smoke on the
Water (Wetzel) 3,000, Society for the Preservation of McGrew House (Preston)
3,500, Soldiers' Memorial Theater (Raleigh) 10,000, Southern Wayne County Fall
Festival 1,000, Southern WV Veterans' Museum (Summers) 4,500, Spirit of Grafton
Celebration (Taylor) 7,000, Spring Mountain Festival (Grant) 4,000, Springfield
Peach Festival (Hampshire) 1,200, St. Albans City of Lights - December 5,000, St.
Spyridon Greek Festival (Harrison) 2,500, Stoco Reunion (Raleigh) 2,500, Stonewall
Jackson Heritage Arts and Crafts 11,000, Storytelling Festival (Lewis) 500,
Strawberry Festival (Upshur) 30,000, Summers County Historic Landmark
Commission 5,000, Taste of Parkersburg (Wood) 5,000, Taylor County Fair 5,500,
Terra Alta VFD 4th of July Celebration (Preston) 1,000, Those Who Served War
Museum (Mercer) 4,000, Three Rivers Avian Center (Summers) 15,000, Three Rivers Coal Festival (Marion) 7,750, Thunder on the Tygart - Mothers' Day
Celebration 15,000, Town of Delbarton 4th of July Celebration 3,000, Town of
Fayetteville Heritage Festival (Fayette) 7,500, Town of Matoka-annual Hog Roast
(Mercer) 1,000, Treasure Mountain Festival (Pendleton) 25,000, Tri-County Fair
(Grant) 15,000, Tucker County Arts Festival and Celebration 18,000, Tucker County
Fair 4,750, Tucker County Health Fair 2,000, Tug Valley Arts Council (Mingo)
5,000, Tug Valley Chamber of Commerce Coal House (Mingo) 2,000, Tunnelton
Depot Days (Preston) 1,000, Tunnelton Historical Society (Preston) 2,000, Turkey
Festival (Hardy) 3,000, Tyler County Fair 5,200, Tyler County Fourth of July 500,
Uniquely West Virginia Festival (Morgan) 2,000, Upper Ohio Valley Italian Festival
(Ohio) 7,000, Upper West Fork Blue Grass Festival (Calhoun) 500, Upshur County
Fair 7,000, Valley District Fair- Reedsville (Preston) 3,500, Veterans Welcome Home
Celebration (Cabell) 3,000, Volcano Days at Mountwood Park (Wood) 5,000, War
Homecoming Fall Festival 1,500, Wardensville Fall Festival (Hardy) 5,000, Wayne
County Fair 5,000, Wayne County Fall Festival 5,000, Webb Chapel Cemetery
Association Event (Preston) 2,000, Webster County Wood Chopping Festival 15,000,
Webster Wild Water Weekend 2,000, Weirton July 4th Celebration (Hancock)
20,000, Wellsburg 4th of July Celebration (Brooke) 7,500, Wellsburg Apple Festival
of Brooke County 5,000, West Virginia Autumn Festival (Braxton) 2,500, West
Virginia Blackberry Festival (Harrison) 5,000, West Virginia Coal Festival (Boone)
10,000, West Virginia Dairy Cattle Show 10,000, West Virginia Dandelion Festival
(Greenbrier) 5,000, West Virginia Fair and Exposition (Wood) 8,100, West Virginia
Fireman's Rodeo (Fayette) 2,500, West Virginia Highland Games & Celtic Festival
3,000, West Virginia Honey Festival (Wood) 2,000, West Virginia Museum of Glass
(Lewis) 5,000, West Virginia Oil and Gas Festival (Tyler) 11,000, West Virginia
Polled Hereford Assoc. 1,500, West Virginia Poultry Festival (Hardy) 5,000, West
Virginia Pumpkin Festival (Cabell) 10,000, West Virginia Roundhouse Rail Days
(Berkeley) 25,000, West Virginia State Folk Festival (Gilmer) 5,000, West Virginia
Water Festival - City of Hinton (Summers) 16,000, West Virginia Wine & Jazz
Festival (Monongalia) 9,000, West Virginia Wine and Arts Festival (Berkeley) 5,000,
Weston VFD 4th of July Firemen Festival (Lewis) 2,000, Wetzel County Autumnfest
5,500, Wetzel County Town and Country Days 17,000, Wheeling Celtic Festival
(Ohio) 2,000, Wheeling City of Lights (Ohio) 8,000, Wheeling Sternwheel Regatta
(Ohio) 10,000, Wheeling Vintage Raceboat Regatta (Ohio) 20,000, Whipple
Community Action (Fayette) 2,500, Whitesville - Big Coal River Festival (Boone)
4,000, Widen Days Festival (Calhoun) 2,000, Wileyville Homecoming (Wetzel) 4,000,
Wine Festival and Mountain Music Event (Harrison) 5,000, Winter Festival of the
Waters (Berkeley) 5,000, Wirt County Fair 2,500, Wirt County Pioneer Days 2,000,
WV Music Hall Fame (Kanawha) 3,000, WV State Monarch Butterfly Festival
(Brooke) 5,000, WV Strawberry Festival (horse pull) 2,500, YMCA Camp Horseshoe
(Ohio) 100,000, Youth Museum of Southern WV (Raleigh) 12,000, Youth Stockman
Beef Expo. (Lewis) 2,000, Z.D. Ramsdell House (Wayne) 4,500"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. I believe that the Legislature can fairly fund Fairs and Festivals with the balance from the
current year appropriation and with minor adjustments to the funding levels. Therefore, I am deleting any
new items in the FY 2009 Budget and reducing any increases to the FY 2008 level of funding, as follows:
I am reducing the amount in the language on line 41 that directs "5,000" to the Alderson 4th of July
Celebration (Greenbrier) to "3,000". I am deleting the language on line 61 through line 62 that reads "Battle of Lewisburg Civil War Days (Greenbrier) 3,000". I am reducing the amount in the language on
line 71 that directs "10,000" to the Boone County Fair to "6,500". I am reducing the amount in the
language on line 75 that directs "3,500" to the Brooke County Fair to "2,500". I am reducing the amount
in the language on line 86 that directs "1,000" to the Cedarville Town Festival (Gilmer) to "500". I am
deleting the language on line 96 through line 97 that reads "Chester Fourth of July Festivities (Hancock)
5,000". I am deleting the language on line 99 through line 100 that reads "Christmas in the Park (Brooke)
5,000". I am deleting the language on line 101 through line 102 that reads "City of Pinegrove Centennial
Celebration (Wetzel) 5,000". I am reducing the amount in the language on line 111 that directs "3,500"
to the Delbarton Homecoming (Mingo) to "2,000". I am reducing the amount in the language on line 122
that directs "8,250" to the Follansbee Community Days (Brooke) to "7,250". I am reducing the amount
in the language on line 125 that directs "5,000" to the Frankford Autumnfest (Greenbrier) to "3,000".
I am deleting the language on line 126 through line 127 that reads "Freshwater Folk Festival (Greenbrier)
5,000". I am deleting the language on line 128 that reads "Frontier Days (Harrison) 3,000". I am
reducing the amount in the language on line 133 that directs "4,000" to the Gilbert Kiwanis Harvest
Festival (Mingo) to "3,000". I am reducing the amount in the language on line 134 that directs "4,000"
to the Gilmer County Farm Show to "3,500". I am deleting the language on line 137 through line 138
that reads "Great Greenbrier River Race (Pocahontas) 50,000". I am deleting the language on line 143
that reads "Hampshire County 4th of July Celebration 20,000". I am deleting the language on line 149
through line 150 that reads "Hatfield McCoy Matewan Reunion Festival (Mingo) 5,000". I am deleting
the language on line 153 through line 154 that reads "Heritage Craft Festival (Monroe) 1,000". I am
deleting the language on line 163 through line 164 that reads "Hurricane 4th of July Celebration (Putnam)
5,000". I am reducing the amount in the language on line 170 that directs "30,000" to the Italian Heritage
Festival-Clarksburg (Harrison) to "25,000". I am reducing the amount in the language on line 186 that
directs "5,000" to the King Coal Festival (Mingo) to "4,000". I am deleting the language on line 187
through line 188 that reads "L.Z. Rainelle WV Veterans Reunion (Greenbrier) 5,000". I am reducing the
amount in the language on line 191 that directs "10,000" to the Larry Joe Harless Center Octoberfest
Hatfield McCoy Trail (Mingo) to "5,000". I am reducing the amount in the language on line 201 that
directs "15,000" to the Logan Freedom Festival to "10,000". I am reducing the amount in the language
on line 210 that directs "6,000" to the Matewan Massacre Reenactment (Mingo) to "5,000". I am
reducing the amount in the language on line 211 that directs "45,000" to the Matewan-Magnolia Fair
(Mingo) to "20,000". I am deleting the language on line 224 through line 225 that reads "Monroe County
Harvest Festival 2,000, Morgan County Fair History Wagon 1,500". I am deleting the language on line
240 through line 241 that reads "New Cumberland Christmas Parade (Hancock) 3,000". I am reducing
the amount in the language on line 243 that directs "40,000" to the New River Bridge Day Festival
(Fayette) to "35,000". I am deleting the language on line 245 that reads "Nicholas County Fair 5,000".
I am reducing the amount in the language on line 253 that directs "80,000" to the Olgebay City Park -
Festival of Lights (Ohio) to "75,000". I am reducing the amount in the language in line 254 that directs
"10,000" to the Oglebay Festival (Ohio) to "5,000". I am reducing the amount in the language in line 290
that directs "5,000" to the Ritchie County Fair and Exposition to "2,000". I am reducing the amount in
the language in line 296 that directs "5,000" to the Ronceverte River Festival (Greenbrier) to "3,000".
I am deleting the language on line 302 through line 303 that reads "Society for the Preservation of
McGrew House (Preston) 3,500". I am deleting the language on line 309 through line 310 that reads "St.
Spyridon Greek Festival (Harrison) 2,500". I am reducing the amount in the language on line 313 that
directs "30,000" to the Strawberry Festival (Upshur) to "20,000". I am deleting the language on line 314
through line 315 that reads "Taste of Parkersburg (Wood) 5,000". I am reducing the amount in the
language on line 320 that directs "15,000" to the Thunder on the Tygart - Mothers' Day Celebration to
"5,000". I am deleting the language on line 321 through line 322 that reads "Town of Fayetteville
Heritage Festival (Fayette) 7,500". I am deleting the language on line 337 that reads "Veterans Welcome
Home Celebration (Cabell) 3,000". I am reducing the amount in the language on line 343 that directs
"15,000" to the Webster County Wood Chopping Festival to "4,500". I am reducing the amount in the
language on line 345 that directs "20,000" to the Weirton July 4th Celebration (Hancock) to "3,000". I am reducing the amount in the language on line 346 that directs "7,500" to the Wellsburg 4th of July
Celebration (Brooke) to "6,500". I am reducing the amount in the language on line 349 that directs
"10,000" to the West Virginia Coal Festival (Boone) to "7,000". I am deleting the language on line 350
through line 351 that reads "West Virginia Dandelion Festival (Greenbrier) 5,000". I am reducing the
amount in the language on line 359 that directs "10,000" to the West Virginia Pumpkin Festival (Cabell)
to "7,500". I am reducing the amount in the language on line 361 that directs "5,000" to the West
Virginia State Folk Festival (Gilmer) to "4,500".
My thirty-second objection to the Bill is contained in Item 252, page 169, line 3, which states:
"Grants to Public Libraries1829,348,884"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. Due to this concern, no more than a conservative increase to this line item is appropriate
at this time. Therefore, I am reducing the appropriation by the amount of $1,000,000, to $8,348,884,
which nevertheless yields an increase of $1,000,000 over the prior budget year.
My thirty-third objection to the Bill is contained in Item 253, page 170, line 9 and line 10, which
states:
"Senior Citizen Centers and
Programs (R)4623,100,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. In recent years, the total funding for the Bureau of Senior Services has grown substantially.
The Lottery Act mandates that Lottery Fund profits be allocated only for seniors, education and tourism.
With my budgetary recommendations for this year, seniors will receive in excess of one-third of the
Lottery Fund projected profits. In addition, table game licensing revenue is projected to be $6,500,000
in FY 2009, an increase of $3,500,000, all of which will be utilized to fund senior programs. While
remaining committed to funding senior citizen programs, I am reducing the above appropriation by the
amount of $500,000, to $2,600,000 to maintain the FY 2008 funding level for this appropriation.
My thirty-fourth objection to the Bill is contained in Item 253, page 170, line 27, which states:
"WV Senior Corps493250,000"
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. In recent years, the total funding for the Bureau of Senior Services has grown substantially,
however, it is not prudent to institute a new program at this time. While I remain sincerely committed
to senior programs, I am reducing the appropriation in the amount of $250,000, to $0.
My thirty-fifth objection to the Bill is contained in the language found in Item 253, page 170
through page 171, line 34 through line 37, which states:
"From the above appropriation for Senior Citizen Centers and Programs (fund
5405, activity 462) $500,000 is for emergency needs as determined by the
Commissioner of Senior Services."
Being acutely aware of the national economy and of the budget deficits currently facing many
other states, it is imperative that a cautious and prudent approach is taken to avoid building the State's
base budget. With minor adjustments to the funding requests, adequate funding for these types of needs
is available in the prior year balance and at the current level budget. While remaining committed to
senior programs, I am eliminating the additional funding of $500,000 for the Senior Citizen Centers and
Programs. Therefore, I am deleting in its entirety line 34 through line 37.
For the reasons stated herein, I have approved, with the above objections, Enrolled Committee
Substitute for Senate Bill 150.
Sincerely,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and veto Enrolled Committee Substitute for House Bill No. 4010.
Enrolled Committee Substitute for House Bill No. 4010 relates to term limits for public library
board members. Current law limits board members to two consecutive fire-year terms. Enorlled
Committee Substitute for House Bill No. 4010 would eliminate term limits and permit board members
to serve indefinitely. Although I recognize the challenge of finding qualified persons to serve on boards
and commissions, I cannot approve this legislation. Term limits for members of public boards and
commissions encourages involvement by a greater number of citizens, thereby enhancing responsiveness
to the needs of West Virginians.
For this reason, I must veto Enrolled Committee Substitute for House Bill No. 4010.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4554.
The Bill establishes a schedule for the administration of competency tests for school bus
operators. If approved, regular school bus operators would take the test every other year. Substitute school
bus operators or regular school bus operators working on a probationary contract would take the test
annually. Unfortunately, I must object to this Bill because its enacting clause does not list a section
reference to a section purportedly amended by the Bill. Accordingly, I find the enacting clause
inconsistent with the title and the substance of the Bill so as to render the Bill constitutionally defective.
For the reasons stated herein, I must veto Enrolled Committee Substitute for House Bill No. 4554.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 207.
Enrolled Committee Substitute for Senate Bill No. 207 makes largely technical amendments to
various statutory provisions dealing with the Deputy Sheriff Retirement System. Unfortunately, in
making these amendments the Bill amended a version of W. Veterans Affairs and Homeland Security.
Code §7-14D-14 that did not reflect certain substantive amendments that were adopted with the passage
of Enrolled House Bill No. 2130 during the 2007 Regular Session. Accordingly, my approval of this bill
would effectively undo substantive amendments made to W. Va. Code §7-14D-14 by the Legislature just
past year.
For this reason, I must veto Enrolled Committee Substitute for Senate Bill No. 207.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 227.
Enrolled Committee Substitute for Senate Bill No. 227 makes largely technical amendments to
various statutory provisions dealing with the State Teachers Retirement System. Unfortunately, this Bill,
passed by the Legislature on March 8, 2008, conflicts with the provisions of Enrolled House Bill No. 101,
which the Legislature passed during the First Extraordinary Session on March 16, 2008. Both Bills
amend W. Va. Code §18-7A-14; however, the amendments of Enrolled Committee Substitute for Senate
Bill No. 227 are not reflected in Enrolled House Bill No. 101.
Although I support the intent of Enrolled Committee Substitute for Senate Bill No. 227, the
provisions of Enrolled House Bill No. 101, having been passed after this Bill, would control, thereby
making my approval of this Bill fruitless. For this reason, I must veto Enrolled Committee Substitute for
Senate Bill No. 227. However, I would encourage the Legislature to promptly consider this measure
again in the near future.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and veto Enrolled Committee Substitute for Senate Bill No. 242.
Enrolled Committee Substitute for Senate Bill No. 242 will permit a person who completes a
defensive driving course to deduct three points from his or her license. The Bill, passed by the
Legislature on March 5, 2008, will conflict with Enrolled Committee Substitute for House Bill No. 4023,
a Bill passed by the Legislature on March 10, 2008. Both Bills amend W. Va. Code §17B-3-6; however,
the amendments of Enrolled Committee Substitute for Senate Bill No. 242 are not reflected in Enrolled
Committee Substitute for House Bill No. 4023.
Accordingly, the provisions of Enrolled Committee Substitute for House Bill No. 4023, having
been passed after this Bill, would control, thereby making my approval of this Bill fruitless. For this
reason, I must veto Enrolled Committee Substitute for Senate Bill No. 242.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 28, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 606.
This Bill relates to a hiring preference that county boards of education extend to certain
professional educators when filling summer school teaching positions. Under current law, an educator
who is currently employed by the county board is given an employment preference over other applicants.
Given the compelling need to fill teaching positions during the long summer months, the public policy
rationale underlying the Code in its current form is well-founded, giving county boards the ability to draw
from a broad pool of full-time and substitute educators to fill these critical positions.
Insofar as this Bill would modify this existing hiring preference - and potentially hamstring local
boards in filling its teaching positions - I must object. For this reason, I must veto this legislation.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 31, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 638 ("SB638").
SB638 would amend the Code of West Virginia by adding thereto a new section §61-3-59, which
would impose various record-keeping requirements on purchasers of catalytic converters and impose
criminal penalties for violations of these new requirements. Unfortunately, SB638 makes additional amendments that would impermissibly infringe on the civil liberties of such purchasers under the
Constitutions of the State of West Virginia and of the United States.
Specifically, SB638 provides that :[a]ny law enforcement officers investigating the theft of
catalytic converters . . . shall be permitted to inspect the purchased catalytic converter . . . that is in the
possession of the buyer or person trading for a catalytic converter for the purpose of detecting and
identifying stolen property." The Fourth Amendment of the U.S. Constitution and Article III, Section 6
of the West Virginia Constitution, however, give citizens the right "to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures . . . and no warrants shall issue, but upon
probable cause . . ." Absent special circumstances not applicable in this context, the courts have applied
this language to require that the state may search a citizen's person, home or business only when it has
probable cause to believe the search will uncover criminal activity or contraband. The aforementioned
provision of SB638 would violate this protection against unreasonable searches by permitting law
enforcement to demand entry to a purchaser's premises even without probable cause having been
established.
For the foregoing reason, I must veto this legislation. However, I would encourage the Legislature
to consider the measure again in the near future. Indeed, one potential approach would be to follow the
example in a similar piece of legislation imposing nearly identical record-keeping requirements on scrap
metal dealers. Following the 2007 Regular Session, I vetoed Enrolled Committee Substitute for House
Bill No. 2748 on similar constitutional concerns. During a subsequent legislative session, however, the
Legislature passed a revised version of the scrap metal bill that adequately addressed these constitutional
issues. I would urge the Legislature to revise Enrolled Committee Substitute for Senate Bill No. 638 to
similarly comply with applicable search and seizure constitutional safeguards.
With warmest regards,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
March 31, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 696.
Enrolled Senate Bill No. 696 requires that "affordable rental housing," as defined by applicable federal regulations, be appraised using the "income method" of property appraisal for purposes of
calculating ad valorem property taxes. Currently, county assessors consider income potential as part of
the valuation process, but also consider the replacement cost of the property and the market price for
similar properties.
Unfortunately, the Bill fails to adequately detail several important concepts and to define several
important terms. Most notably, the Bill does not explicitly address how a property for which only a
portion of which is dedicated to "affordable rental housing" is to be valued. Although the Bill suggests
that only those portions of the property so dedicated should be valued under the "income method," the
Bill fails to provide sufficient guidance to assessors in applying this new rule - particularly in light of the
turnover in rental housing units, which could alter the makeup of an individual piece of property several
times over the course of a single tax year. As a result, these new provisions would be exceedingly
difficult fo county assessors to administer and enforce on a consistent basis.
For these reasons, I must veto this legislation.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
April 1, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4307.
Enrolled Committee Substitute for House Bill No. 4307 proposes various amendments relating
to the use of moneys in the West Virginia Greyhound Breeding Development Fund. Among other
dedicated uses, moneys in the Fund are used to fund supplemental owners' awards for owners of West
Virginia whelped greyhounds. One of the Bill's proposed amendments would alter the way owners'
awards are distributed from the Fund. Unfortunately, a lawsuit is currently pending in the Circuit Court
of Kanawha County that raises legal issues regarding the distribution of moneys from the Fund. Ee
Burdette v. Sidiroplois, Civil Action No. 06-C-2368. Given the uncertainty surrounding the Fund, it
would be unwarranted to approve the additional modifications proposed by this Bill until the litigation
is resolved.
For these reasons, I must veto Enrolled Committee Substitute for House Bill No. 4307.
Very truly yours,
Joe Manchin III
Governor.
State of West Virginia
Joe Manchin III
Governor
April 1, 2008
VETO MESSAGE
The Honorable Betty Ireland
Secretary of State
State Capitol
Charleston, WV 25305
Dear Secretary Ireland:
Pursuant to the provisions of Section Fourteen, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for House Bill No. 4407.
Enrolled Committee Substitute for House Bill No. 4407 would require that all new school buses
purchased after July 1, 2009, be equipped with automatic tire chain installers for use on the bus tires
during inclement weather. Although I have no specific objection to the use of automatic tire chain
installers, I cannot approve this Bill. Certain matters are best left to the discretion of local policy makers.
Accordingly, school bus equipment policy should be decided at the local level with input from local
school bus drivers.
For these reasons, I must veto this legislation.
Very truly yours,
Joe Manchin III
Governor.
At 3:32 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 4:30 p.m., and
reconvened at that time.
There being no further business to come before the House, at 4:42 p.m., on motion of Delegate
DeLong, the House of Delegates adjourned sine die.
__________*__________
We hereby certify that the forgoing record of the proceedings of the House of Delegates, Second
Regular Session, 2008, is the official Journal of the House of Delegates for said session.
Richard Thompson
Speaker of the House of Delegates
Gregory M. Gray
Clerk of the House of Delegates