__________*__________
Sunday, March 16, 2003
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, March 15, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report Availability
At 1:07 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 2050, Budget Bill, making appropriations of public money
out of the treasury in accordance with section fifty-one, article six of the Constitution.
Committee Reports
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 15th
day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2118), Adjusting the retirement benefits for all members of the West Virginia state
police retirement system,
(H. B. 2224), Relating to higher education reorganization,
(H. B. 2878), Allowing certain municipalities providing advanced life support ambulance
services to examine, train and employ fire medics,
(H. B. 2975), Providing a window for persons who were members of PERS and who left
state employment withdrawing their PERS moneys to buy back their time with interest,
(Com. Sub. for H. B. 3046), Facilitating compliance with and enforcement of provisions of
the Tobacco Master Settlement Agreement,
(H. B. 3050), Authorizing the county commission of Jefferson County to convey parcel of
county-owned land to the Jefferson County fairgrounds,
And,
(Com. Sub. for S. B. No. 522), Authorizing county boards of education to lease school
property no longer needed.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 2840.
Enrolled House Bill No. 2840 is a special act of the Legislature relating to the Greater
Huntington Park and Recreation District generally. I must object to this bill because its proposed title does not reflect the amendments it purports to make to the Acts of the Legislature. A reasonable
person would not be able to discern the amendments to the Acts without reading the entire text of
the bill. Accordingly, I find the title inconsistent with the substance of the bill so as to render the
bill constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Varner, 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 Mr. Speaker, Mr. Kiss, Enrolled House Bill 2840 was amended, in an effort
to meet the objections of the Governor, by amending the bill the title of the bill to read as follows:
Enr. H. B. 2840 - "A Bill to amend and reenact sections two, three, four and six-a, chapter
twenty-six, acts of the Legislature, regular session, one thousand nine hundred twenty-five
(municipal charters), as last amended by chapter one hundred ninety-four, acts of the Legislature,
regular session, one thousand nine hundred eighty-three, all relating to the Greater Huntington Park
and Recreation District; increasing the number of members on the board."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 702), 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: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury, Caputo,
Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin,
Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Stalnaker, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson,
Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams,
Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Beane, Cann, Schadler, Spencer and Staton.
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. 2840) 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 and request concurrence therein.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 2953.
The purpose of Enrolled House Bill No. 2953 is to incorporate certain amendments to the
prepaid college tuition program, which I support as necessary to preserve the actuarial integrity of
that program. Nevertheless, I must object to this bill because the description of the bill's contents
in its proposed title does not accurately reflect its contents. Thus, a reasonable person would not be
able to discern the actual amendments to the code without reading the entire text of the bill.
Accordingly, I find the title inconsistent with the substance of the bill so as to render the bill
constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 Mr. Speaker, Mr. Kiss, Enrolled House Bill 2953 was amended, in an effort
to meet the objections of the Governor, by amending the title of the bill to read as follows:
Enrolled H. B. 2953 - "A Bill to amend and reenact section six, article thirty, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section thirteen, article eight, chapter thirty-six of said code, all relating to the
administration of the prepaid tuition plan of the West Virginia college prepaid tuition and savings
program; clarifying how moneys in the prepaid tuition trust fund are processed when the plan is terminated; closing the prepaid tuition plan to new contracts until further legislative authorization;
continuing the plan as to current contract owners; providing for accrual of investment earnings;
continuing annual evaluation of actuarial soundness of the prepaid tuition trust fund; requiring
annual reports by the chairman of the prepaid tuition trust fund; establishing a mechanism to
eliminate any actuarially projected unfunded liability in the prepaid tuition trust fund over a fixed
period with funds from the unclaimed property trust fund in an amount not to exceed five hundred
thousand dollars annually; creating the prepaid tuition trust escrow account and establishing
purposes therefor; providing for the investment and use of the money in the prepaid tuition trust
escrow account; providing for the transfer of funds in the unclaimed property trust fund to the
prepaid tuition trust escrow account and to the general revenue fund; and providing for the
disposition of funds in the prepaid tuition trust escrow account upon closure of the prepaid tuition
trust fund."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 703), and there were--yeas 98, nays
none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
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. 2953) passed, as a result of the objections of
the Governor.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 704), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2953) 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.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 3207.
Enrolled House Bill No. 3207 is a supplementary appropriations bill that was intended to
provide $2,017,000 from the Division of Juvenile Services personal services appropriation to the
Division of Corrections for payments to jails, a budgetary transfer that I support. Nevertheless, I
must object to this bill because its proposed title, and substantive contents, contains several
erroneous organizational designations. For the transfer to be effective, these designations must be
corrected. For these reasons, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 Staton, Enrolled House Bill 3207 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page one, on the fourth line following the enacting clause, following the word
"organization", by striking out the number "0620" and inserting in lieu thereof the number "0621".
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 705), and there were--yeas 98, nays none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3207) passed, as a result of the objections of
the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enrolled H. B. 3207 - "A Bill supplementing, amending, reducing and increasing items of
the existing appropriations from the state fund, general revenue, to the department of military affairs
and public safety-division of juvenile services, fund 0570, fiscal year 2003, organization 0621 and
the department of military affairs and public safety-division of corrections-correctional units,
fund 0450, fiscal year 2003, organization 0608, supplementing and amending the appropriation for
the fiscal year ending the thirtieth day of June, two thousand three."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 706), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3207) 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.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 3217.
Enrolled House Bill No. 3217 is a supplementary appropriations bill that was intended to
create a new fund for the purpose of receiving federal moneys in connection with the Help America
Vote Act. I must object to this bill because in its proposed title it purports to describe a "federal
consolidated fund" which is not otherwise provided for in the substance of the bill. Furthermore,
the bill contains an erroneous fund designation. In order to create this fund, and receive the federal
moneys available under the Act, these designations must be corrected. For these reasons, I must veto
this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 Staton, Enrolled House Bill 3217 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page one, following the enacting clause, by striking out the words "That the total
appropriation for fiscal year ending the thirtieth day of June, two thousand three, to the secretary of
state, fund 8854, fiscal year 2003, organization 1600, be established and supplemented the total
appropriation by nine million dollars in the line item as follows" followed by a colon, and inserting
in lieu thereof the following: "That chapter thirteen, acts of the Legislature, regular session, two
thousand two, known as the budget bill, be amended and supplemented by adding to Title II, section
six thereof a new fund with an appropriation in the line item therein as follows" followed by a colon.
On page two, line six, following the word "fund", by striking out the number "8488" and
inserting in lieu thereof the number "8854".
And,
On page two, line ten, following the words "bill is to", by striking out the remainder of the
bill and inserting in lieu thereof the words "create a new fund in the budget act for the fiscal year
ending the thirtieth day of June, two thousand three, and to provide for an appropriation therein of
federal funds made available under the federal help America vote act in an amount of nine million
dollars for expenditure during fiscal year two thousand three."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 707), and there were--yeas 98, nays
none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3217) passed, as a result of the objections of
the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enrolled H. B. 3217 - "A Bill amending and supplementing chapter thirteen, acts of the
Legislature, regular session, two thousand two, known as the budget bill, by adding thereto a new
fund with an appropriation of federal funds out of the treasury from the balance of federal moneys
remaining unappropriated for fiscal year ending the thirtieth day of June, two thousand three, to the
new fund, designated secretary of state fund 8854, fiscal year 2003, organization 1600, for fiscal year ending the thirtieth day of June, two thousand three."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 708), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3217) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report
Chairman Michael, from the Committee of Conference on matters of disagreement between
the two houses, as to H. B. 2050, Budget Bill, making appropriations of public money out of the
Treasury in accordance with Article VI, Section 51 of the Constitution,
Submitted the following report which was received:
Your Committee on Conference of the disagreeing votes of the two houses as to the
amendment of the House to Committee Substitute for H. B. 2050 having met, after full and free
conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything following the enacting clause and inserting new language, 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 four.
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 four" shall mean the period from the first day of July, two
thousand three, through the thirtieth day of June, two thousand four.
"General revenue fund" shall mean the general operating fund of the state and includes all
moneys received or collected by the state except as provided in section two, article two, chapter
twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which by legislative enactments
are not required to be accounted for as general revenue, including federal funds.
"From collections" shall mean that part of the total appropriation which must be collected
by the spending unit to be available for expenditure. If the authorized amount of collections is not
collected, the total appropriation for the spending unit shall be reduced automatically by the amount
of the deficiency in the collections. If the amount collected exceeds the amount designated "from
collections," the excess shall be set aside in a special surplus fund and may be expended for the
purpose of the spending unit as provided by article two, chapter five-a of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time, part-
time and temporary employees of the spending unit but shall not include fees or contractual
payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal services" shall include salaries of
heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible employees" and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to "personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching, workers' compensation,
unemployment compensation, pension and retirement contributions, public employees insurance
matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such costs, the remainder of such
cost shall be transferred by each spending unit from its "personal services" line item or its
"unclassified" line item or other appropriate line item to its "employee benefits" line item. If there
is no appropriation for "employee benefits," such costs shall be paid by each spending unit from its
"personal services" line item, its "unclassified" line item or other appropriate line item. Each
spending unit is hereby authorized and required to make such payments in accordance with the
provisions of article two, chapter five-a of the code.
"BRIM Premiums" shall mean the amount charged as consideration for insurance protection
and includes the present value of projected losses and administrative expenses. Premiums are
assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia,
general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for "BRIM Premiums" be insufficient to cover such cost, the
remainder of such costs shall be transferred by each spending unit from its "personal services" line
item, its "employee benefit" line item, its "unclassified" line item or any other appropriate line item
to "BRIM Premiums" for payment to the Board of Risk and Insurance Management. Each spending
unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related
to coverage and claims of its employees for unemployment compensation. Such expenditures shall
be considered an employee benefit.
"Current expenses" shall mean operating costs other than personal services and shall not
include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable and calculable period
of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
"Buildings" shall include new construction and major alteration of existing structures and
the improvement of lands and shall include shelter, support, storage, protection or the improvement
of a natural condition.
"Lands" shall mean the purchase of real property or interest in real property.
"Capital outlay" shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be expended only for the
purposes as defined above and only for the spending units herein designated: Provided, That the
secretary of each department and the commissioner of the bureau of commerce shall have the
authority to transfer within the department or bureau those general revenue funds appropriated to the
various agencies of the department or bureau: Provided, however, That no more than five percent
of the general revenue funds appropriated to any one agency or board may be transferred to other
agencies or boards within the department or bureau: Provided further, That the secretary of each
department and the director, commissioner, executive secretary, superintendent, chairman or any
other agency head not governed by a departmental secretary as established by chapter five-f of the
code shall have the authority to transfer funds appropriated to "personal services" and "employee benefits" to other lines within the same account and no funds from other lines shall be transferred
to the "personal services" line: Provided further, That the secretary of each department and the
director, commissioner, executive secretary, superintendent, chairman or any other agency head not
governed by a departmental secretary as established by chapter five-f of the code shall have the
authority to transfer general revenue funds appropriated to "annual increment" to other general
revenue accounts within the same department, bureau or commission for the purpose of providing
an annual increment in accordance with article five, chapter five of the code: And provided further,
That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the
secretary may transfer the funds formerly appropriated to such agency, board or function in order
to implement such consolidation. No funds may be transferred from a special revenue account,
dedicated account, capital expenditure account or any other account or fund specifically exempted
by the Legislature from transfer, except that the use of the appropriations from the state road fund
for the office of the secretary of the department of transportation is not a use other than the purpose
for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it is necessary or
desirable to permit the spending unit the freedom to spend an appropriation for more than one of the
above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise
specifically directed, shall be appropriated and expended according to the provisions of article three,
chapter twelve of the code or according to any law detailing a procedure specifically limiting that
article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted
as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II-APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1. Appropriations from general revenue.
SECTION 2. Appropriations from state road fund.
SECTION 3. Appropriations from other funds.
SECTION 4. Appropriations from lottery net profits.
SECTION 5. Appropriations from state excess lottery revenue.
SECTION 6. Appropriations of federal funds.
SECTION 7. Appropriations from federal block grants.
SECTION 8. Claims against the state.
SECTION 9. Appropriations from surplus accrued.
SECTION 10. Special revenue appropriations.
SECTION 11. State improvement fund appropriations.
SECTION 12. Specific funds and collection accounts.
SECTION 13. Appropriations for refunding erroneous payment.
SECTION 14. Sinking fund deficiencies.
SECTION 15. Appropriations for local governments.
SECTION 16. Total appropriations.
SECTION 17. General school fund.
Section 1. Appropriations from general revenue.-From the state fund, general revenue,
there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article
two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal
year two thousand four.
LEGISLATIVE
- -Senate
Fund 0165 FY 2004 Org 2100
_________________________________________________________General
Revenue
Activity Fund
Compensation of Members (R) 003 $ 1,010,000
Compensation and Per Diem of Officers
and Employees (R) 005 3,003,210
Employee Benefits (R) 010 597,712
Current Expenses and
Contingent Fund (R) 021 700,000
Repairs and Alterations (R) 064 450,000
Computer Supplies (R) 101 40,000
Computer Systems (R) 102 250,000
Printing Blue Book (R) 103 150,000
Expenses of Members (R) 399 700,000
BRIM Premium (R) 913 ________18,877
Total $ 6,919,799
The appropriations for the senate for the fiscal year 2003 are to remain in full force and effect
and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the senate, the auditor shall transfer amounts between
items of the total appropriation in order to protect or increase the efficiency of the service.
The clerk of the senate, with the approval of the president, is authorized to draw his or her
requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the
senate, for any bills for supplies and services that may have been incurred by the senate and not
included in the appropriation bill, for supplies and services incurred in preparation for the opening,
the conduct of the business and after adjournment of any regular or extraordinary session, and for
the necessary operation of the senate offices, the requisitions for which are to be accompanied by
bills to be filed with the auditor.
The clerk of the senate, with the written approval of the president, or the president of the
senate shall have authority to employ such staff personnel during any session of the Legislature as
shall be needed in addition to staff personnel authorized by the senate resolution adopted during any
such session. The clerk of the senate, with the written approval of the president, or the president of
the senate shall have authority to employ such staff personnel between sessions of the Legislature
as shall be needed, the compensation of all staff personnel during and between sessions of the
Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate.
The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of
all such staff personnel for such services, payable out of the appropriation for Compensation and Per
Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly
salary as provided by the senate resolution, unless increased between sessions under the authority
of the president, payable out of the appropriation for Compensation and Per Diem of Officers and
Employees or Current Expenses and Contingent Fund of the senate.
The distribution of the blue book shall be by the office of the clerk of the senate and shall
include seventy-five copies for each member of the Legislature and two copies for each classified and approved high school and junior high school and one copy for each elementary school within
the state.
- -House of Delegates
Fund 0170 FY 2004 Org 2200
Compensation of Members (R) 003 $ 2,200,000
Compensation and Per Diem of Officers
and Employees (R) 005 600,000
Current Expenses and Contingent Fund (R) 021 4,221,162
Expenses of Members (R) 399 1,120,000
BRIM Premium (R) 913 ________20,515
Total $ 8,161,677
The appropriations for the house of delegates for the fiscal year 2003 are to remain in full
force and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated
may be transferred and credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the house of delegates, the auditor shall transfer
amounts between items of the total appropriation in order to protect or increase the efficiency of the
service.
The clerk of the house of delegates, with the approval of the speaker, is authorized to draw
his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund
of the house of delegates, for any bills for supplies and services that may have been incurred by the
house of delegates and not included in the appropriation bill, for bills for services and supplies
incurred in preparation for the opening of the session and after adjournment, and for the necessary
operation of the house of delegates' offices, the requisitions for which are to be accompanied by bills
to be filed with the auditor.
The speaker of the house of delegates, upon approval of the house committee on rules, shall
have authority to employ such staff personnel during and between sessions of the Legislature as shall
be needed, in addition to personnel designated in the house resolution, and the compensation of all
personnel shall be as fixed in such house resolution for the session, or fixed by the speaker, with the
approval of the house committee on rules, during and between sessions of the Legislature,
notwithstanding such house resolution. The clerk of the house is hereby authorized to draw
requisitions upon the auditor for such services, payable out of the appropriation for the
Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.
For duties imposed by law and by the house of delegates, including salary allowed by law
as keeper of the rolls, the clerk of the house of delegates shall be paid a monthly salary as provided
in the house resolution, unless increased between sessions under the authority of the speaker, with
the approval of the house committee on rules, and payable out of the appropriation for Compensation
and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of
delegates.
- -Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2004 Org 2300
Joint Committee on
Government and Finance (R) 104 $ 6,317,298
Legislative Printing (R) 105 940,000
Legislative Rule-Making
Review Committee (R) 106 226,050
Legislative Computer System (R) 107 1,138,121
Joint Standing Committee
on Education (R) 108 74,500
Tax Reduction and Federal Funding
Increased Compliance
(TRAFFIC) (R) 642 3,000,000
BRIM Premium (R) 913 ________14,220
Total $ 11,710,189
The appropriations for the joint expenses for the fiscal year 2003 are to remain in full force
and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be
transferred and credited to the fiscal year 2004 accounts.
Upon the written request of the clerk of the senate, with the approval of the president of the
senate, and the clerk of the house of delegates, with the approval of the speaker of the house of
delegates, and a copy to the legislative auditor, the auditor shall transfer amounts between items of
the total appropriation in order to protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding Increased Compliance
(TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the
offsetting of any reductions in federal funding for state programs. It is not intended as a general
appropriation for expenditure by the Legislature.
JUDICIAL
- -Supreme Court-
General Judicial
Fund 0180 FY 2004 Org 2400
Personal Services (R) 001 $ 45,723,244
Annual Increment (R) 004 630,000
Employee Benefits 010 14,325,916
Unclassified 099 7,422,951
Judges' Retirement System (R) 110 5,329,500
Other Court Costs (R) 111 0
Judicial Training Program (R) 112 469,006
Mental Hygiene Fund (R) 113 0
Guardian Ad Litem (R) 265 0
Guardianship Attorney Fees (R) 588 175,000
BRIM Premium (R) 913 ________50,386
Total $ 74,126,003
The appropriations to the supreme court of appeals for the fiscal years 2000, 2001, 2002 and
2003 are to remain in full force and effect and are hereby reappropriated to June 30, 2004. Any
balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
This appropriation shall be administered by the administrative director of the supreme court
of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making
deductions therefrom as required by law for taxes and other items.
The appropriation for the Judges' Retirement System is to be transferred to the consolidated
public retirement board, in accordance with the law relating thereto, upon requisition of the
administrative director of the supreme court of appeals.
EXECUTIVE
- -Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2004 Org 0100
Personal Services 001 $ 2,371,414
Salary of Governor 002 90,000
Annual Increment 004 19,500
Employee Benefits 010 725,000
Unclassified 099 1,122,591
National Governors' Association 123 77,500
Southern Governors' Association 314 5,740
BRIM Premium 913 ________195,286
Total $ 4,607,031
Any unexpended balances remaining in the appropriations for Publication of Papers and
Transition Expenses (fund 0101, activity 465) and Publication of Papers and Transition
Expenses-Surplus (fund 0101, activity 359) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004.
- -Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2004 Org 0100
Unclassified-Total 096 $ 466,389
To be used for current general expenses, including compensation of employees, household
maintenance, cost of official functions and additional household expenses occasioned by such
official functions.
- -Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 0104 FY 2004 Org 0100
Unclassified 099 $ 308,638
Family Resource Networks (R) 274 1,325,203
Starting Points Centers and
Parent Education Services (R) 316 ________1,048,826
Total $ 2,682,667
Any unexpended balances remaining in the appropriations for Family Resource Networks
(fund 0104, activity 274), Starting Points Centers and Parent Education Services (fund 0104, activity
316), and Educare (fund 0104, activity 895) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0104, fiscal
year 2003, activity 274 ($50,794) and fund 0104, fiscal year 2003, activity 316 ($50,794) which shall
expire on June 30, 2003.
- -Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2004 Org 0100
Civil Contingent Fund (R) 614 $ 3,000,000
Business & Economic Development
Stimulus (R) 586 ________1,500,000
Total $ 4,500,000
Any unexpended balances remaining in the appropriations for Civil Contingent Fund-Total
(fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund (fund 0105, activity 614), and Business and Economic Development Stimulus
(fund 0105, activity 586) at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
From this appropriation there may be expended, at the discretion of the governor, an amount
not to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact
commission.
The above appropriation is intended to provide contingency funding for accidental,
unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to
be expended for the normal day-to-day operations of the governor's office.
- -Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2004 Org 1200
Personal Services 001 $ 2,087,640
Salary of Auditor 002 70,000
Annual Increment 004 54,705
Employee Benefits 010 657,507
Unclassified 099 711,436
Office Automation (R) 117 328,310
BRIM Premium 913 ________2,064
_____________Total $ 3,911,662
Any unexpended balances remaining in the appropriation for Office Automation (fund 0116,
activity 117) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0116, fiscal year 2003, activity 099 ($126,580) which shall expire on June 30, 2003.
- -Treasurer's Office
(WV Code Chapter 12)
Fund 0126 FY 2004 Org 1300
Personal Services 001 $ 1,767,893
Salary of Treasurer 002 70,000
Annual Increment 004 20,450
Employee Benefits 010 548,246
Unclassified (R) 099 1,266,522
Abandoned Property Program 118 282,558
Tuition Trust Fund (R) 692 148,289
School Building Sinking Fund
Debt Service (R) 770 2,124,000
BRIM Premium 913 ________19,434
Total $ 6,247,392
Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity
099), Tuition Trust Fund (fund 0126, activity 692), and School Building Sinking Fund Debt Service
(fund 0126, activity 770) at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
- -Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2004 Org 1400
Personal Services 001 $ 3,596,423
Salary of Commissioner 002 70,000
Annual Increment 004 77,138
Employee Benefits 010 1,295,578
State Farm Museum 055 110,000
Unclassified 099 788,483
Gypsy Moth Program (R). 119 943,067
Huntington Farmers Market 128 50,000
Black Fly Control (R) 137 428,456
Tri-County Fair Association 343 0
Donated Foods Program 363 50,000
Predator Control 470 140,000
Bee Research 691 32,421
Microbiology Program (R) 785 152,680
Moorefield Agriculture Center (R) 786 994,135
WV Food Banks 969 50,000
Seniors' Farmers' Market Nutrition Coupon
Program 970 60,000
BRIM Premium 913 __77,862
_____________Total $ 8,916,243
Any unexpended balances remaining in the appropriations for Gypsy Moth Program (fund 0131,
activity 119), Black Fly Control (fund 0131, activity 137), Mingo County Surface Mine Project
(fund 0131, activity 296), Charleston Farmers Market (fund 0131, activity 476), Capital
Improvements-Total-Surplus (fund 0131, activity 672), Microbiology Program (fund 0131,
activity 785), and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception
of fund 0131, fiscal year 2003, activity 099 ($79,333), fund 0131, fiscal year 2003, activity 119
($12,930), fund 0131, fiscal year 2003, activity 137 ($65,000), fund 0131, fiscal year 2003, activity
296 ($62,000), and fund 0131, fiscal year 2003, activity 785 ($2,308) which shall expire on June 30,
2003.
A portion of the Unclassified appropriation may be transferred to a special revenue fund for the
purpose of matching federal funds for marketing and development activities.
- -Department of Agriculture-
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Personal Services 001 $ 464,113
Annual Increment 004 7,900
Employee Benefits 010 173,425
Unclassified 099 331,252
Soil Conservation Projects (R) 120 2,688,089
BRIM Premium 913 3,444
Maintenance of Flood
Control Projects (R) 522 ________1,778,787
Total $ 5,447,010
Any unexpended balances remaining in the appropriations for Soil Conservation Projects (fund
0132, activity 120), Conservation Reserve Enhancement Program (fund 0132, activity 141), Soil
Conservation Projects-Surplus (fund 0132, activity 269), and Maintenance of Flood Control
Projects (fund 0132, activity 522) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0132, fiscal year 2003, activity
120 ($208,335), which shall expire on June 30, 2003..
- -Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2004 Org 1400
Personal Services 001 $ 388,195
Annual Increment 004 8,241
Employee Benefits 010 146,140
Unclassified 099 ________73,171
Total $ 615,747
Any part or all of this appropriation may be transferred to a special revenue fund for the purpose
of matching federal funds for the above-named program.
- -Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2004 Org 1400
Fairs and Festivals 122 $ 0
Commissioner's Awards and Programs 737 0
Commissioner's Awards and Programs-Total 971 ________43,650
Total $ 43,650
- -Attorney General
(WV Code Chapters 5, 14, 46A and 47)
Fund 0150 FY 2004 Org 1500
Personal Services (R) 001 $ 2,331,889
Salary of Attorney General 002 75,000
Annual Increment (R) 004 41,159
Employee Benefits (R) 010 761,235
Unclassified 099 203,715
Better Government Bureau 740 294,600
BRIM Premium 913 ________82,794
Total $ 3,790,392
Any unexpended balances remaining in the above appropriations for Personal Services (fund
0150, activity 001), Annual Increment (fund 0150, activity 004), and Employee Benefits (fund 0150,
activity 010) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0150, fiscal year 2003, activity 001 ($83,443), fund
0150, fiscal year 2003, activity 010 ($23,332),fund 0150, fiscal year 2003, activity 099 ($19,314),
and fund 0150, fiscal year 2003, activity 740 ($11,560), and fund 0150, fiscal year 2003, activity 913
($2,815) which shall expire on June 30, 2003.
When legal counsel or secretarial help is appointed by the attorney general for any state
spending unit, this account shall be reimbursed from such spending 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 joint committee on
government and finance for final determination.
- -Secretary of State
(WV Code Chapters 3, 5 and 59)
Fund 0155 FY 2004 Org 1600
Personal Services 001 $ 607,425
Salary of Secretary of State 002 65,000
Annual Increment 004 9,800
Employee Benefits 010
191,601
Unclassified (R) 099 268,041
BRIM Premium 913 ________24,031
Total $ 1,165,898
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0155,
activity 097), Unclassified (fund 0155, activity 099), Technology Improvements (fund 0155, activity
599), and Administrative Law Division Improvements (fund 0155, activity 880) at the close of the
fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
- -State Election Commission
(WV Code Chapter 3)
Fund 0160 FY 2004 Org 1601
Unclassified-Total 096 $ 11,291
DEPARTMENT OF ADMINISTRATION
- -Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2004 Org 0201
Unclassified 099 $ 301,877
Pay Equity Reserve 364 250,000
Reorganization Initiative 638 0
Lease Rental Payments 516 11,480,409
BRIM Premium 913 ________7,186
Total $ 12,039,472
The appropriation for Lease Rental Payments shall be disbursed as provided by section six-b,
article fifteen, chapter thirty-one of the code.
- -Consolidated Public Retirement Board
(WV Code Chapter 5)
Fund 0195 FY 2004 Org 0205
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus or divisions operating from special revenue
funds and/or federal funds shall pay their proportionate share of the retirement costs for their
respective divisions. When specific appropriations are not made, such payments may be made from
the balances in the various special revenue funds in excess of specific appropriations.
- -Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2004 Org 0209
Personal Services 001 $ 539,306
Annual Increment 004 11,090
Employee Benefits 010 134,711
Unclassified 099 362,928
GAAP Project (R) 125 743,511
BRIM Premium 913 ________58,889
Total $ 1,850,435
Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity
125) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004 with the exception of fund 0203, fiscal year 2003, activity 125 ($69,897), which shall
expire on June 30, 2003.
- -Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Personal Services 001 $ 576,602
Annual Increment 004 20,300
Employee Benefits 010 235,026
Unclassified 099 600,000
Fire Service Fee 126 ________14,000
Total $ 1,445,928
Any unexpended balances remaining in the appropriations for Capitol Complex-Capital Outlay
(fund 0230, activity 417), Capitol Building Preservation (fund 0230, activity 503), Capitol Building
Preservation-Surplus (fund 0230, activity 675), Capital Improvements-Capitol Complex-Surplus
(fund 0230, activity 676), and Capitol Building Roof-Total-Surplus (fund 0230, activity 820) at the
close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
- -Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2004 Org 0213
Personal Services 001 $ 620,344
Annual Increment 004 9,273
Employee Benefits 010 176,242
Unclassified 099 111,766
BRIM Premium 913 ________2,633
Total $ 920,258
The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity
099) within the division of purchasing for all actual expenses incurred pursuant to the provisions of
section thirteen, article two-a, chapter seventeen of the code.
- -Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2004 Org 0217
Unclassified-Total 096 $ 26,408
To pay expenses for members of the commission on uniform state laws.
- -Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund 0217 FY 2004 Org 0218
Retro Payments-Total 652 $ 2,000,000
These funds may be transferred to a special account for the payment of premiums,
self-insurance losses, loss adjustment expenses and loss prevention engineering fees and may be
transferred to a special account for disbursement for payment of premiums and insurance losses.
- -Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2004 Org 0219
Personal Services 001 $ 574,084
Annual Increment 004 8,200
Employee Benefits 010 166,359
Unclassified 099 137,334
BRIM Premium 913 ________2,116
Total $ 888,093
- -Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2004 Org 0220
Personal Services 001 $ 212,246
Annual Increment 004 1,765
Employee Benefits 010 60,912
Unclassified 099 42,391
BRIM Premium 913 ________2,425
Total $ 319,739
- -Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2004 Org 0221
Personal Services 001 $ 548,011
Annual Increment 004 4,000
Employee Benefits 010 189,671
Unclassified 099 315,074
Appointed Counsel Fees and
Public Defender Corporations (R) 127 0
Public Defender Corporations 352 12,773,436
Appointed Counsel Fees 788 13,061,008
BRIM Premium 913 ________36,785
Total $ 26,927,985
Any unexpended balances remaining in the above appropriation for Appointed Counsel Fees
and Public Defender Corporations (fund 0226, activity 127) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
The director of public defender services may transfer funds from Public Defender Corporations
(fund 0226, activity 352) to Appointed Counsel Fees (fund 0226, activity 788) in the appropriation
above.
- -Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2004 Org 0224
Unclassified-Total 096 $ 3,896
- -Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2004 Org 0225
The division of highways, division of motor vehicles, bureau of employment programs, public
service commission and other departments, bureaus or divisions operating from special revenue
funds and/or federal funds shall pay their proportionate share of the public employees health
insurance cost for their respective divisions.
- -West Virginia Prosecuting Attorneys' Institute
Fund 0557 FY 2004 Org 0228
Forensic Medical Examinations (R) 683 $ 162,033
Federal Funds/Grant Match (R) 749 ________120,505
Total $ 282,538
Any unexpended balances remaining in the appropriations for Forensic Medical Examinations
(fund 0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of
the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the
exception of fund 0557, fiscal year 2003, activity 683 ($8,000), and fund 0557, fiscal year 2003,
activity 749 ($2,794) which shall expire on June 30, 2003.
- -Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2004 Org 0230
Unclassified-Total (R) 096 $ 7,122,654
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0588,
activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
DEPARTMENT OF EDUCATION
- -State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2004 Org 0402
Personal Services 001 $ 213,210
Annual Increment 004 3,302
Employee Benefits 010 77,578
Unclassified 099 __________1,640,000
Total $ 1,934,090
- -State FFA-FHA Camp and Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2004 Org 0402
Personal Services 001 $ 604,970
Annual Increment 004 12,050
Employee Benefits 010 221,763
Unclassified 099 203,561
BRIM Premium 913 ________ 25,949
Total $ 1,068,293
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2004 Org 0402
Personal Services 001 $ 2,809,896
Annual Increment 004 41,611
Employee Benefits 010 883,273
Unclassified (R) 099 2,726,918
WV Education Information
System (WVEIS) 138 3,046,762
34/1000 Waiver 139 400,000
Increased Enrollment 140 0
Teacher Mentor (R) 158 0
National Teacher Certification (R) 161 50,000
Allowance for County Transfers 264 46,890
HVAC Technicians 355 315,192
Early Retirement
Notification Incentive 366 200,000
FBI Checks 372 97,835
Principals Leadership Training 373 24,779
Bridges Program 394 300,000
Governor's Honors Academy 478 0
Foreign Student Education (R) 636 82,786
State Teacher of the Year 640 38,009
Principals Mentorship 649 65,000
Allowance for Work Based Learning 744 120,000
Regional Education Service Agencies 972 4,737,706
Sparse Population Allocation 973 625,000
Enrollment Error Correction 974 296,205
BRIM Premium 913 ________160,292
Total $ 17,068,154
The above appropriation includes the state board of education and their executive office.
Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, activity
099), Increased Enrollment (fund 0313, activity 140), Teacher Mentor (fund 0313, activity 158),
National Teacher Certification (fund 0313, activity 161), and Foreign Student Education (fund 0313,
activity 636) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
- -State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2004 Org 0402
Special Education-Counties 159 $ 7,271,757
Special Education-Institutions 160 3,249,099
Educational Programs at Beckley
Center (R) 192 0
Educational Programs at Beckley and
Burlington Centers (R) 975 467,048
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers 302 572,900
Education of Institutionalized
Juveniles and Adults 472 8,785,481
Potomac Center 810 ________ 808,275
Total $ 21,154,560
Any unexpended balance remaining in the appropriation for Unclassified-Surplus (fund 0314,
activity 097) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
From the above appropriations, the superintendent shall have authority to expend funds for the
costs of special education for those children residing in out-of-state placements.
- -State Department of Education-
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2004 Org 0402
Other Current Expenses 022 $ 128,797,160
Professional Educators 151 733,209,258
Service Personnel 152 243,289,005
Fixed Charges 153 87,201,295
Transportation 154 36,629,741
Administration 155 2,907,884
Improve Instructional Programs 156 ________33,000,000
Basic Foundation Allowances 1,265,034,343
Less Local Share (300,957,610)
Total Basic State Aid 964,076,733
Early Childhood Collaborative 018 34,760,421
Public Employees' Insurance Matching 012 171,889,586
Teachers' Retirement System 019 302,110,205
School Building Authority 453 __22,642,530
Total $ 1,495,479,475
- -State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2004 Org 0402
Personal Services 001 $ 916,403
Annual Increment 004 14,732
Employee Benefits 010 294,435
Unclassified 099 1,110,000
Wood Products-Forestry Vocational Program 146 56,220
Albert Yanni Vocation Program 147 124,263
Vocational Aid 148 14,007,210
Adult Basic Education 149 2,987,191
Partnership Development/Staff 171 259,810
Adult Advisory Council 621 289,025
Aquaculture Support 769 ________ 100,000
Total $ 20,159,289
- -State Board of Education-
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2004 Org 0402
Personal Services 001 $ 0
Annual Increment 004 0
Employee Benefits 010 0
Unclassified - Total 096 500,000
Unclassified 099 ________0
Total $ 500,000
- -West Virginia Schools for the Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2004 Org 0403
Personal Services 001 $ 6,691,692
Annual Increment 004 5,350
Employee Benefits 010 2,434,699
Unclassified 099 1,613,470
BRIM Premium 913 ________47,094
Total $ 10,792,305
Any unexpended balance remaining in the appropriation for Capital Outlay, Repairs and
Equipment-Surplus (fund 0320, activity 677) at the close of the fiscal year 2003 is hereby
reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF EDUCATION AND THE ARTS
- -Department of Education and the Arts
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2004 Org 0431
Unclassified (R) 099 $ 777,135
Center for Professional
Development (R) 115 1,607,423
Center for Professional Development-
Principals' Academy (R) 415 438,180
Energy Express 861 500,000
BRIM Premium 913 ________2,200
Total $ 3,324,938
Any unexpended balances remaining in the appropriations for the Unclassified (fund 0294,
activity 099), Center for Professional Development (fund 0294, activity 115), and Center for
Professional Development-Principals' Academy (fund 0294, activity 415) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception
of fund 0294, fiscal year 2003, activity 415 ($74,644), and fund 0294, fiscal year 2003, activity 099
($27,056) which shall expire on June 30, 2003.
- -Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2004 Org 0432
Personal Services 001 $ 2,144,527
Annual Increment 004 39,855
Employee Benefits 010 790,108
Unclassified 099 470,000
Culture and History Programming 732 275,000
BRIM Premium 913 ________34,436
_____________Total $ 3,753,926
The Unclassified appropriation includes funding for the arts funds, department programming
funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon
authorization of the division of culture and history and in accordance with the provisions of 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.
- -Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2004 Org 0433
Personal Services 001 $ 1,046,426
Annual Increment 004 28,100
Employee Benefits 010 371,503
Unclassified 099 220,331
Services to Blind and Handicapped 181 38,456
BRIM Premium 913 ________22,330
Total $ 1,727,146
- -Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2004 Org 0439
Personal Services 001 $ 3,030,517
Annual Increment 004 61,492
Employee Benefits 010 1,039,610
Unclassified 099 592,586
Lease Revenue Bonds 646 0
BRIM Premium 913 ________38,110
_____________Total $ 4,762,315
These funds may be transferred to special revenue accounts for matching college, university, city, county, federal and/or other generated revenues.
- -State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2004 Org 0932
Personal Services 001 $ 6,488,519
Annual Increment 004 134,049
Independent Living Services 009 24,000
Employee Benefits 010 2,623,325
Unclassified 099 130,000
Workshop Development 163 1,816,149
Supported Employment
Extended Services 206 119,032
Ron Yost Personal Assistance Fund 407 340,000
BRIM Premium 913 ________ 50,010
Total $ 11,725,084
Any unexpended balance remaining in the appropriation for Technology-Related Assistance
Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004 and may be
transferred to a special account for the purpose of disbursement or loan.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Department of Health and Human Resources-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2004 Org 0501
Unclassified-Total 096 $ 137,779
- -Division of Health-
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2004 Org 0506
Personal Services 001 $ 8,279,060
Annual Increment 004 177,256
Employee Benefits 010 3,469,346
Level 1, 2 and 3 Trauma Centers 013 900,000
Unclassified 099 5,604,254
Safe Drinking Water Program 187 506,098
Pet Scan Support 209 100,000
Women, Infants and Children 210 45,000
Basic Public Health Services Support 212 4,323,708
Early Intervention 223 3,307,043
Cancer Registry 225 272,501
CARDIAC Project 375 220,000
State EMS Technical Assistance 379 1,403,674
EMS Program for Children 381 49,710
Statewide EMS Program Support 383 552,970
Primary Care Centers-Mortgage Finance . . 413 550,000
Black Lung Clinics 467 198,646
Center for End of Life 545 200,000
Pediatric Dental Services 550 150,000
Vaccine for Children 551 432,257
Adult Influenza Vaccine 552 65,000
Tuberculosis Control 553 253,908
Maternal and Child Health Clinics,
Clinicians and Medical Contracts
and Fees (R) 575 4,614,188
Epidemiology Support 626 379,516
Primary Care Support 628 7,254,178
Level 1 and 2 Trauma Centers 650 0
Neurological Research and Development 634 0
State Aid to Local Health Departments 702 9,257,684
Health Right Free Clinics 727 2,697,836
Osteoporosis Prevention Fund 729 156,423
Emergency Response Entities -
Special Projects. . . . . . . . . . . 822 500,000
Women's Right to Know 546 200,000
BRIM Premium 913 ________ 161,860
Total $ 56,282,116
Any unexpended balances remaining in the appropriations for Unclassified (fund 0407, activity
099, fiscal year 1997), and Maternal and Child Health Clinics, Clinicians and Medical Contracts and
Fees (fund 0407, activity 575) at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund 0506, fiscal year 2003, activity
575 ($45,000), which shall expire on June 30, 2003.
From the Maternal and Child Health Clinics, Clinicians, and Medical Contracts and Fees line
item, $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
- -Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Personal Services 001 $ 616,833
Annual Increment 004 11,991
Employee Benefits 010 250,602
Special Olympics 208 26,074
Behavioral Health Program-
Unclassified (R) 219 42,690,722
Family Support Act 221 1,092,753
Institutional Facilities Operations 335 44,096,851
Colin Anderson Community
Placement (R) 803 3,264,325
Renaissance Program 804 194,000
BRIM Premium 913 ________875,704
Total $ 93,119,855
Any unexpended balances remaining in the appropriations for Behavioral Health Program-
Unclassified (fund 0525, activity 219), and Colin Anderson Community Placement (fund 0525,
activity 803) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0525, fiscal year 2003, activity 219 ($1,611,765), and
fund 0525, fiscal year 2003, activity 803 ($1,000,000) which shall expire on June 30, 2003.
The secretary of the department of health and human resources, prior to the beginning of the fiscal year, shall file with the legislative auditor and the department of administration an expenditure
schedule for each formerly separate spending unit which has been consolidated into the above
account and which receives a portion of the above appropriation for Institutional Facilities
Operations. The secretary shall also, within fifteen days after the close of the six-month period of
said fiscal year, file with the legislative auditor and the department of administration an itemized
report of expenditures made during the preceding six-month period.
From the Colin Anderson Community Placement (fund 0525, activity 803) funds may be both
expended for the community placement costs of the Colin Anderson clients and transferred to the
Medical Services Program Fund to pay the Medicaid state share of the Medicaid cost of Colin
Anderson clients in the community.
From the above appropriation to Institutional Facilities Operations, together with available
funds from the division of health-hospital services revenue account (fund 5156, activity 335) and
tobacco settlement expenditure fund (fund 5124, activity 335), on July 1, 2003, the sum of two
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.
Additional funds have been appropriated in fund 5124, fiscal year 2004, organization 0506 and
fund 5156, fiscal year 2004, organization 0506, for the operation of the institutional facilities. The
secretary of the department of health and human resources is authorized to utilize up to ten percent
of the funds from the Institutional Facilities Operations line item to facilitate cost effective and cost
saving services at the community level.
- -Division of Health-
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2004 Org 0506
West Virginia Drinking Water Treatment
Revolving Fund-Transfer 689 $ 700,000
The above appropriation for Drinking Water Treatment Revolving Fund-Transfer shall be
transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank
depository and the Drinking Water Treatment Revolving-Administrative Expense Fund as provided
by chapter sixteen of the code.
- -Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2004 Org 0510
Personal Services 001 $ 678,511
Annual Increment 004 14,900
Employee Benefits 010 231,960
Unclassified 099 234,013
BRIM Premium 913 ________17,970
Total $ 1,177,354
- -Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2004 Org 0511
Personal Services 001 $ 22,204,915
Annual Increment 004 648,734
Employee Benefits 010 8,512,817
Unclassified 099 20,305,924
Child Care Development 144 1,446,802
Medical Services Contracts and Office
of Managed Care 183 2,329,730
Medical Services 189 253,453,990
Women's Commission 191 133,271
Social Services 195 60,105,425
Family Preservation Program 196 1,565,000
Domestic Violence Legal Services Fund 384 150,000
James "Tiger" Morton Catastrophic
Illness Fund 455 940,000
Child Protective Services Case Workers 468 8,866,767
Medical Services Trust Fund Transfer 512 5,000,000
OSCAR and RAPIDS 515 3,471,648
WV Teaching Hospitals Tertiary/Safety Net 547 1,750,000
Child Welfare System 603 2,581,948
Commission for the Deaf and
Hard of Hearing 704 263,032
Child Support Enforcement 705 2,758,468
Medicaid Auditing 706 590,841
Temporary Assistance for Needy
Families/Maintenance of Effort 707 22,969,096
Child Care-Maintenance of
Effort and Match 708 4,409,643
Grants for Licensed Domestic Violence
Programs and Statewide Prevention 750 1,000,000
Indigent Burials (R) 851 1,274,000
BRIM Premium 913 ________667,631
Total $ 427,399,682
Any unexpended balance remaining in the appropriation for Indigent Burials (fund 0403,
activity 851) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004.
The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (activity 455)
shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided
by article five-q, chapter sixteen of the code.
The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be
transferred to the Domestic Violence Legal Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this bill, the secretary of the
department of health and human resources shall have the authority to transfer funds within the above
account: Provided, That no more than five percent of the funds appropriated to one line item may
be transferred to other line items: Provided, however, That no funds from other line items shall be
transferred to the personal services line item.
The secretary shall have authority to expend funds for the educational costs of those children
residing in out-of-state placements, excluding the costs of special education programs.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- -Department of Military Affairs and Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2004 Org 0601
Unclassified (R) 099 $ 632,054
BRIM Premium 913 ________4,816
Total $ 636,870
Any unexpended balance remaining in the appropriation for Unclassified (fund 0430, activity
099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
- -Adjutant General-
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2004 Org 0603
Personal Services 001 $ 387,196
Annual Increment 004 9,500
Employee Benefits 010 120,822
Unclassified (R) 099 14,564,338
BRIM Premium 913 ________20,344
Total $ 15,102,200
Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, activity
099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
From the above appropriation an amount approved by the adjutant general and the secretary of
military affairs and public safety may be transferred to the State Armory Board for operation and
maintenance of National Guard Armories.
- -West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2004 Org 0605
Personal Services 001 $ 122,751
Annual Increment 004 1,744
Employee Benefits 010 115,929
Unclassified 099 119,325
Salaries of Members of West Virginia
Parole Board 227 225,000
BRIM Premium 913 ________22,208
Total $ 606,957
- -Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Personal Services 001 $ 222,636
Annual Increment 004 5,300
Employee Benefits 010 83,587
Unclassified 099 110,233
Federal Emergency Management
Agency Match (R) 188 210,937
Early Warning Flood System 877 324,000
Radiological Emergency Preparedness 554 25,600
BRIM Premium 913 ________6,680
Total $ 988,973
Any unexpended balances remaining in the appropriations for Federal Emergency Management
Agency Match (fund 0443, activity 188) and Flood Reparations (fund 0443, activity 400) at the close
of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
- -Division of Corrections-
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2004 Org 0608
Personal Services 001 $ 384,881
Annual Increment 004 5,775
Employee Benefits 010 117,178
Unclassified 099 ________97,594
Total $ 605,428
Any unexpended balance remaining in the appropriation for Management Information System
(fund 0446, activity 398) at the close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
- -Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2004 Org 0608
Employee Benefits 010 $ 347,367
Unclassified 099 729,093
Charleston Work Release 456 842,328
Beckley Correctional Center 490 917,400
Huntington Work Release 495 721,135
Anthony Center 504 4,060,261
Huttonsville Correctional Center 514 13,427,651
Northern Correctional Facility 534 5,956,185
Inmate Medical Expenses 535 11,110,767
Pruntytown Correctional Center 543 5,651,370
Payments to Federal, County and/or
Regional Jails 555 8,303,000
Corrections Academy 569 992,962
Martinsburg Correctional Center 663 0
Parole Services 686 1,997,449
Special Services 687 2,088,914
St. Mary's Correctional Facility 881 11,366,500
Denmar Correctional Facility 882 3,578,058
Ohio County Correctional Facility 883 1,177,177
Mt. Olive Correctional Facility 888 17,537,863
Lakin Correctional Facility 896 7,381,145
BRIM Premium 913 ________560,889
Total $ 98,747,514
Any unexpended balance remaining in the appropriation for Capital Outlay (fund 0450, activity
511) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
The commissioner of corrections shall within fifteen days after the close of each six-month
period of said fiscal year, file with the legislative auditor and the department of administration an
itemized report of expenditures made during the preceding six-month period. Such report shall include the total of expenditures made for personal services, annual increment, current expenses
(inmate medical expenses and other), repairs and alterations and equipment. The commissioner of
corrections shall also have the authority to transfer between line items appropriated to the individual
correctional units above and may transfer funds from the individuals units to Payments to Federal,
County and/or Regional Jails (fund 0450, organization 555) or the Inmate Medical Expenses (fund
0450, organization 535).
From the above appropriation to Unclassified, on July 1, 2003, 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.
- -West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
Personal Services 001 $ 27,917,001
Annual Increment 004 191,550
Employee Benefits 010 5,594,693
Unclassified 099 6,708,423
Vehicle Purchase 451 1,000,000
Barracks Maintenance
and Construction (R) 494 1,719,388
Trooper Class 521 3,755,986
Barracks Lease Payments 556 318,768
Communications and
Other Equipment (R) 558 613,285
Trooper Retirement Fund 605 24,875,529
Handgun Administration Expense 747 70,375
Automated Fingerprint
Identification System 898 495,293
BRIM Premium 913 ________3,351,098
Total $ 76,611,389
Any unexpended balances remaining in the appropriations for Barracks Maintenance and
Construction (fund 0453, activity 494), and Communications and Other Equipment (fund 0453,
activity 558) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004.
- -Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2004 Org 0613
Personal Services 001 $ 872,723
Annual Increment 004 25,480
Employee Benefits 010 380,309
Unclassified 099 50,000
Veterans' Field Offices 228 136,371
Veterans' Toll Free Assistance Line 328 5,000
Veterans' Reeducation Assistance (R) 329 211,604
Veterans' Grant Program (R) 342 150,000
Women's Veterans' Monument (R) 385 0
Memorial Day Patriotic Exercise 697 20,000
BRIM Premium 913 ________23,741
Total $ 1,875,228
Any unexpended balances remaining in the appropriations for Veterans' Reeducation Assistance
(fund 0456, activity 329), Veterans' Field Office Improvements (fund 0456, activity 331), Veterans'
Grant Program (fund 0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385),
and Veterans' Monuments (fund 0456, activity 817) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004.
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2004 Org 0618
Personal Services 001 $ 668,646
Annual Increment 004 14,150
Employee Benefits 010 305,110
Unclassified 099 ________144,763
_____________Total $ 1,132,669
- -Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2004 Org 0619
Personal Services 001 $ 613,761
Annual Increment 004 11,478
Employee Benefits 010 222,360
Unclassified 099 146,248
Safe Schools Hotline 560 250,000
BRIM Premium 913 ________20,940
Total $ 1,264,787
- -Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2004 Org 0620
Personal Services 001 $ 248,802
Annual Increment 004 3,645
Employee Benefits 010 83,776
Unclassified 099 155,775
Statistical Analysis Program 597 52,837
Sentencing Commission 976 123,000
Community Corrections in Mercer,
Harrison, and Ohio Counties 977 300,000
BRIM Premium 913 ________1,000
Total $ 968,835
- -Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2004 Org 0621
Personal Services 001 $ 0
Annual Increment 004 0
Employee Benefits 010 0
Unclassified (R) 099 0
Central Office 701 1,822,092
WV Industrial Home for Youth 979 10,669,115
Davis Center 980 2,113,692
Eastern Regional Juvenile Center 981 1,024,150
Northern Regional Juvenile Center 982 912,807
North Central Regional Juvenile Center 983 1,599,320
Southern Regional Juvenile Center 984 1,701,438
Tiger Morton Center 985 1,810,884
Donald R. Kuhn Juvenile Center 986 3,530,534
J.M. "Chick" Buckbee Juvenile Center 987 1,831,385
Salem Canine 988 87,501
Davis Canine 989 83,536
The Academy 990 128,668
Mt. Hope Juvenile Center 991 417,000
BRIM Premium 913 ________20,930
Total $ 27,753,052
Any unexpended balance remaining in the appropriation for Unclassified (fund 0570, activity
099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
From the above appropriation to Unclassified, on July 1, 2003, the sum of 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.
- -Division of Protective Services
(WV Code Chapter 15)
Fund 0585 FY 2004 Org 0622
Personal Services 001 $ 826,051
Annual Increment 004 4,000
Employee Benefits 010 330,260
Equipment (R) 070 0
Unclassified (R) 099 583,281
BRIM Premium 913 ________3,575
Total $ 1,747,167
Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity
070), Unclassified-Surplus (fund 0585, activity 097), and Unclassified (fund 0585, activity 099) at
the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year
2004.
DEPARTMENT OF TAX AND REVENUE
- -Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2004 Org 0702
Personal Services (R) 001 $ 10,950,709
Annual Increment 004 259,060
Employee Benefits (R) 010 3,561,722
Unclassified (R) 099 5,475,655
Multi State Tax Commission 653 41,238
GIS Development Project 562 150,000
BRIM Premium 913 ________5,058
Total $ 20,443,442
Any unexpended balances remaining in the appropriations for Unclassified-Surplus (fund 0470,
activity 097), Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity
010), and Unclassified (fund 0470, activity 099) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004.
- -West Virginia Office of Tax Appeals
(WV Code Chapter 11)
Fund 0593 FY 2004 Org 0709
Unclassified-Total 096 $ 642,620
- -Division of Professional and Occupational Licenses-
State Athletic Commission
(WV Code Chapter 29)
Fund 0523 FY 2004 Org 0933
Unclassified 099 $ 5,812
BRIM Premium 913 ________1,388
Total $ 7,200
DEPARTMENT OF TRANSPORTATION
- -State Rail Authority
(WV Code Chapter 29)
Fund 0506 FY 2004 Org 0804
Unclassified 099 $ 3,402,793
BRIM Premium 913 ________8,989
Total $ 3,411,782
- -Division of Public Transit
(WV Code Chapter 17)
Fund 0510 FY 2004 Org 0805
Unclassified (R) 099 $ 1,294,162
Federal Funds/Grant Match 749 ________1,000,000
Total $ 2,294,162
Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity
099), and Grant Match (fund 0510, activity 388) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0510, fiscal
year 2003, activity 099 ($44,002), fund 0510, fiscal year 2003, activity 388 ($34,000) which shall
expire on June 30, 2003.
- -Public Port Authority
(WV Code Chapter 17)
Fund 0581 FY 2004 Org 0806
Unclassified-Total (R) 096 $ 725,533
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 0581, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0581, fiscal year 2003, activity 096 ($27,659) which
shall expire on June 30, 2003.
- -Aeronautics Commission
(WV Code Chapter 29)
Fund 0582 FY 2004 Org 0807
Unclassified (R) 099 $ 1,227,801
Civil Air Patrol 234 __________105,257
Total $ 1,333,058
Any unexpended balances remaining in the appropriations for Unclassified (fund 0582, activity
099) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal
year 2004, with the exception of fund 0582, fiscal year 2003, activity 099 ($54,899) which shall
expire on June 30, 2003.
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 0250 FY 2004 Org 0305
Personal Services 001 $ 1,657,488
Annual Increment 004 45,100
Employee Benefits 010 626,439
Unclassified 099 89,630
Aerial Tanker Airplanes 752 200,000
BRIM Premium 913 ________156,271
Total $ 2,774,928
Out of the above appropriation a sum may be used to match federal funds for cooperative
studies or other funds for similar purposes.
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 0253 FY 2004 Org 0306
Personal Services 001 $ 1,243,962
Annual Increment 004 35,138
Employee Benefits 010 411,944
Unclassified 099 201,317
Mineral Mapping System (R) 207 1,349,859
Geographic Information System (R) 214 294,031
BRIM Premium 913 ________16,044
Total $ 3,552,295
Any unexpended balances remaining in the appropriations for Mineral Mapping System (fund
0253, activity 207), Geographic Information System (fund 0253, activity 214), and Computer
Upgrade-Surplus (fund 0253, activity 874), at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0253, fiscal
year 2003, activity 214 ($16,576), and fund 0253, fiscal year 2003, activity 207 ($77,122) which
shall expire on June 30, 2003.
The above Unclassified appropriation includes funding to secure federal and other contracts and
may be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing
advance funding for such contracts.
- -West Virginia Development Office
(WV Code Chapter 5B)
Fund 0256 FY 2004 Org 0307
Personal Services 001 $ 2,359,130
Annual Increment 004 33,034
Employee Benefits 010 709,428
Unclassified 099 3,046,819
Partnership Grants (R) 131 3,000,000
National Youth Science Camp 132 169,362
Local Economic Development
Partnerships (R) 133 1,600,500
ARC Assessment 136 167,308
Institute for Software Research 217 84,681
West Virginia Steel Advisory 230 67,745
Mid-Atlantic Aerospace Complex (R) 231 196,425
Guaranteed Work Force Grant (R) 242 2,702,576
Mingo County Surface Mine Project 296 125,000
Small Business
Financial Assistance (R) 360 404,982
Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and
Advanced Technologies 367 611,100
Advantage Valley 389 87,300
Chemical Alliance Zone 390 45,000
WV High Tech Consortium 391 177,300
Charleston Farmers Market (R) 476 90,000
Industrial Park Assistance (R) 480 500,000
Leverage Technology and Small
Business Development Program (R) 525 718,438
International Offices (R) 593 776,004
Blanchette Rockefeller
Neurological Institute 635 0
Economic Development 655 0
WV Manufacturing
Extension Partnership 731 169,362
Small Business Work Force (R) 735 529,106
Polymer Alliance 754 84,681
National Institute
of Chemical Studies 805 84,681
Local Economic
Development Assistance (R) 819 4,500,000
Community College
Workforce Development (R) 878 722,408
Hardwood Alliance Zone. . . . . . . . . . 992 50,000
BRIM Premium 913 ________1,464
Total $ 23,813,834
Any unexpended balances remaining in the appropriations for Partnership Grants (fund
0256, activity 131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-
Atlantic Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Small Business Financial Assistance (fund 0256, activity 360), Charleston
Farmers Market (fund 0256, activity 476), Industrial Park Assistance (fund 0256, activity 480),
Leverage Technology and Small Business Development Program (fund 0256, activity 525),
International Offices (fund 0256, activity 593), Small Business Work Force (fund 0256, activity
735), Local Economic Development Assistance (fund 0256, activity 819), Community College
Workforce Development (fund 0256, activity 878), Economic Development Assistance (fund
0256, activity 900), and Technology Initiatives (fund 0256, activity 901) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the
exception of fund 0256, fiscal year 2003, activity 131 ($136,000), fund 0256, fiscal year 2003,
activity 231 ($7,421), fund 0256, fiscal year 2003, activity 242 ($423,891), fund 0256, fiscal year
2003, activity 360 ($13,843), fund 0256, fiscal year 2003, activity 480 ($18,872), fund 0256,
fiscal year 2003, activity 525 ($27,141), fund 0256, fiscal year 2003, activity 735 ($24,826), fund
0256, fiscal year 2003, activity 819 ($238,000), and
fund 0256, fiscal year 2003, activity 878 ($27,291) which shall expire on June 30, 2003.
The above appropriation to Local Economic Development Partnerships shall be used by the
West Virginia development office for the award of funding assistance to county and regional
economic development corporations or authorities participating in the certified development
community program developed under the provisions of section three, article two, chapter five-b
of the code. The West Virginia development office shall award the funding assistance through a
matching grant program, based upon a formula whereby funding assistance may not exceed thirty
thousand dollars per county served by an economic development corporation or authority.
- -Division of Labor
(WV Code Chapters 21 and 47)
Fund 0260 FY 2004 Org 0308
Personal Services 001 $ 1,728,316
Annual Increment 004 25,072
Employee Benefits 010 624,700
Unclassified 099 480,538
BRIM Premium 913 ________40,058
Total $ 2,898,684
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 0265 FY 2004 Org 0310
Personal Services 001 $ 6,970,016
Annual Increment 004 226,437
Employee Benefits 010 3,744,817
Gypsy Moth Suppression Program -
Wildlife Management Areas. . . . . . 014 50,000
Unclassified 099 9,633
Litter Control Conservation Officers 564 192,823
Law Enforcement-Federal Audit 563 350,000
Upper Mud River Flood Control 654 171,217
Law Enforcement 806 844,625
BRIM Premium 913 ________251,260
Total $ 12,810,828
Any revenue derived from mineral extraction at any state park shall be deposited in a special
revenue account of the division of natural resources, first for bond debt payment purposes and
with any remainder to be for park operation and improvement purposes.
The above appropriation for Law Enforcement-Federal Audit (fund 0265, activity 563) shall
only be expended after the division of natural resources has executed the Memorandum of
Agreement resolving pending claims of the U.S. Fish and Wildlife Service and upon written
approval of the Commissioner of the Bureau of Commerce.
- -Division of Miners' Health, Safety and Training
(WV Code Chapter 22)
Fund 0277 FY 2004 Org 0314
Personal Services 001 $ 3,648,406
Annual Increment 004 70,950
Employee Benefits 010 1,339,000
Unclassified 099 769,336
BRIM Premium 913 35,421
WV Diesel Equipment Commission 712 ________38,034
Total $ 5,901,147
- -Board of Coal Mine Health and Safety
(WV Code Chapter 22)
Fund 0280 FY 2004 Org 0319
Personal Services 001 $ 110,950
Annual Increment 004 750
Employee Benefits 010 27,270
Unclassified 099 ________30,345
Total $ 169,315
- -Coal Mine Safety and Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2004 Org 0320
Unclassified-Total 096 $ 0
Unclassified 099 63,352
Coal Forum (Coal Miner Statue) . . .. . . 015 25,000
Total. . . . . . . . . . . . . . . . . $ 88,352
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Environmental Quality Board
(WV Code Chapter 20)
Fund 0270 FY 2004 Org 0311
Personal Services 001 $ 98,917
Annual Increment 004 795
Employee Benefits 010 23,256
Unclassified 099 16,121
BRIM Premium 913 ________2,228
Total $ 141,317
- -Interstate Commission on Potomac River Basin
(WV Code Chapter 29)
Fund 0263 FY 2004 Org 0313
West Virginia's Contribution to the Interstate Commission
on Potomac River Basin-Total 134 $ 42,300
- -Ohio River Valley Water Sanitation Commission
(WV Code Chapter 29)
Fund 0264 FY 2004 Org 0313
West Virginia's Contribution to the
Ohio River Valley Water
Sanitation Commission-Total 135 $ 120,870
- -Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2004 Org 0313
Personal Services 001 $ 4,402,434
Annual Increment 004 73,538
Employee Benefits 010 1,435,444
Unclassified 099 876,955
Dam Safety 607 213,639
Office of Water Resources
Non-Enforcement Activity 855 1,154,877
Welch DEP Office Continuing Operation 993
92,000
BRIM Premium 913 ________12,462
Total $ 8,261,349
- -Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2004 Org 0325
Unclassified 099 $ 87,412
BRIM Premium 913 ________2,586
Total $ 89,998
BUREAU OF SENIOR SERVICES
- -Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2004 Org 0508
Personal Services 001 $ 125,099
Annual Increment 004 2,257
Employee Benefits 010 50,805
Unclassified 099 506,331
Silver Haired Legislature 202 15,000
Area Agencies Administration 203 78,685
Alzheimers Respite Care 565 100,000
BRIM Premium 913 ________2,075
_____________Total $ 880,252
HIGHER EDUCATION POLICY COMMISSION
- -Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2004 Org 0441
Unclassified 099 $ 2,098,920
WVNET 169 2,096,505
EPSCOR 571 0
Vice Chancellor for Health Sciences-Rural
Health Initiative Program and Site
Support 595 4,065,467
Vice Chancellor for Health Sciences-Rural
Health Residency Program 601 300,000
West Virginia Council for Community
and Technical Education 392 ________449,141
Total $ 9,010,033
Any unexpended balances remaining in the appropriations for Vice Chancellor for Health
Sciences-Rural Health Initiative Program and Site Support (fund 0589, activity 595), Vice
Chancellor for Health Sciences-Rural Health Residency Program (fund 0589, activity 601), and
West Virginia Council for Community and Technical Education (fund 0589, activity 392) at the
close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year
2004, with the exception of fund 0589, fiscal year 2003, activity 392, organization 0441
($7,739); fund 0589, fiscal year 2003, activity 595, organization 0441 ($70,437); fund 0343,
fiscal year 2003, activity 595, organization 0463 ($55,205); fund 0347, fiscal year 2003, activity
595, organization 0471 ($230,045); and fund 0347, fiscal year 2003, activity 601, organization 0471 ($75,000) which shall expire on June 30, 2003.
- -Higher Education Policy Commission-
System-
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2004 Org 0442
Bluefield State College 408 $ 1,812,400
Bluefield State Community and
Technical College 409 5,471,035
Concord College 410 8,567,177
Eastern West Virginia Community and
Technical College 412 2,004,733
Fairmont State College 414 11,691,739
Fairmont State Community and
Technical College 421 7,098,730
Glenville State College 428 5,332,888
Glenville State Community and
Technical College 430 0
Shepherd College 432 8,823,522
Shepherd Community and
Technical College 434 2,162,714
West Liberty State College 439 8,956,727
West Virginia State College 441 9,940,460
West Virginia State Community and
Technical College 445 2,803,931
Southern West Virginia Community and
Technical College 446 7,375,150
West Virginia Northern Community and
Technical College 447 5,728,387
Marshall University 448 40,761,056
Marshall Medical School 173 13,395,900
Marshall University Medical School
BRIM Subsidy 449 564,721
Marshall University Community and
Technical College 487 5,357,306
West Virginia University 459 105,811,878
WVU - School of Health Sciences 174 43,637,011
WVU School of Health Sciences - Charleston
Division 175 3,909,083
West Virginia University School of
Medicine BRIM Subsidy 460 1,115,519
West Virginia University -
Parkersburg 471 8,177,741
Potomac State College of
West Virginia University 475 0
West Virginia University -
Potomac State 994 4,064,886
West Virginia University Institute
for Technology 479 6,413,689
West Virginia University Institute
for Technology Community and
Technical College 486 3,272,796
Primary Health Education Medical School
Program Support 177 2,136,731
FSC and BSC CTC Distribution Reserve 995 ________1,946,115
Total $ 328,334,025
Any unexpended balances remaining in the appropriations for Primary Health Education
Medical School Program Support (fund 0586, activity 177), Jackson's Mill (fund 0586, activity
461), Marshall University Forensic Lab (fund 0586, activity 572), Jackson's Mill-Surplus (fund
0586, activity 842), and WVU College of Engineering and Mineral Resources-Diesel Training -
Transfer (fund 0586, activity 852) at the close of fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004, with the exception of fund 0343, fiscal year 2003,
activity 177, organization 0463 ($60,187) and fund 0347, fiscal year 2003, activity 177,
organization 0471 ($188,220) which shall expire on June 30, 2003.
Included in the appropriation for WVU - School of Health Sciences and Marshall Medical
School are $943,080 and $295,477, respectively, for Graduate Medical Education which may be
transferred to the Department of Health and Human Resources' Medical Service Fund (fund
5084) for the purpose of matching federal or other funds to be used in support of graduate
medical education, subject to the Vice-Chancellor for Health Sciences and the Secretary of the
Department of Health and Human Resources. If approval is denied, the funds may be utilized by
the respective institutions for expenditure on graduate medical education.
Included in the above appropriation for WVU - School of Health Sciences is $511,105 for
the WVU Charleston Division Poison Control Hotline. This amount shall be enhanced by an
allocation for the director's salary as well as in-kind assistance. These amounts shall be allocated
equally among the four quarters of the fiscal year for disbursement to the WVU-Charleston
Division Poison Control Hotline. Also included is $800,000 for the Blanchette Rockefeller
Neurological Institute.
Included in the above appropriation for West Virginia University is $34,500 for the Marshall and WVU Faculty and Course Development International Study Project, $246,429 for the WVU
Law School - Skills Program, $147,857 for the WVU Coal and Energy Research Bureau,
$19,714 for the WVU College of Engineering and Mineral Resources - Diesel Training -
Transfer, $153,000 for the WVU-Sheep Study, and $40,000 for a veterinarian.
Included in the above appropriation for Marshall Medical School is $417,351 for the
Marshall University Forensic Lab and $175,061 for the Marshall University Center for Rural
Health.
Included in the above appropriation for Marshall University is $181,280 for the Marshall
University-Southern WV CTC 2+2 Program and $795,597 for the Marshall University Autism
Training Center.
Included in the above appropriation for Southern West Virginia Community and Technical
College is $373,774 for the Marshall University - Southern WV Community and Technical
College 2+2 Program, $98,912 for delivery of the associate degree nursing program to Eastern
WV Community and Technical College, and $25,000 for the Appleread Program.
Included in the above appropriation for Concord College is $100,000 for the Geographic
Alliance.
Included in the above appropriation for Shepherd College is $100,000 for the Gateway
Program.
The institutions operating from special revenue funds and/or federal funds shall pay their
proportionate share of the Board of Risk and Insurance Management total insurance premium
cost for their respective institutions.
- -Higher Education Policy Commission-
Health Sciences-
Control Account
(WV Code Chapter 18B)
Fund 0590 FY 2004 Org 0477
Any unexpended balances remaining in the appropriations for Primary Health Education
Medical School Program Support (fund 0590, activity 177), Correctional Telemedicine Project
(fund 0590, activity 406), WVU Charleston Division-Poison Control Hot Line (fund 0590,
activity 510), Capital Outlay and Equipment (fund 0590, activity 542), and Rural Health
Initiative Site Support Program (fund 0590, activity 853) at the close of the fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004.
- -Higher Education Policy Commission-
Legislative-
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2004 Org 0441
Internal Peer Equity 961 $ 1,000,000
Research Challenge (R) 502 663,351
Total $ 1,663,351
Any unexpended balances remaining in the appropriations for Independently Accredited
Community and Technical College Development (fund 0591, activity 491), and Research
Challenge (fund 0591, activity 502) at the close of the fiscal year 2003 are hereby reappropriated
for expenditure during the fiscal year 2004, with the exception of fund 0591, fiscal year 2003,
activity 491, organization 0441 ($1,632); fund 0351, fiscal year 2003, activity 491, organization
0464 ($7,950); fund 0355, fiscal year 2003, activity 491, organization 0482 ($7,938); fund 0361,
fiscal year 2003, activity 491, organization 0484 ($62,872); fund 0364, fiscal year 2003, activity 491, organization 0485 ($56,808); fund 0377, fiscal year 2003, activity 491, organization 0491
($15,713); fund 0380, fiscal year 2003, activity 491, organization 0487 ($7,140); fund 0383,
fiscal year 2003, activity 491, organization 0489 ($4,129); fund 0587, fiscal year 2003, activity
491, organization 0492 ($5,436); and fund 0348, fiscal year 2003, activity 502, organization
0348 ($6,344) which shall expire on June 30, 2003.
The above appropriation shall be allocated only to the State's post-secondary institutions
with compacts approved by the Higher Education Policy Commission, as stated in §18B-1A-5.
Total TITLE II, Section 1-General Revenue $ 3,033,963,648
Sec. 2. Appropriations from state road fund.-From the state road fund there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter
five-a of the code the following amounts, as itemized, for expenditure during the fiscal year two
thousand four.
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)
Fund 9007 FY 2004 Org 0802
_______________________________________________________________State
Road
Activity Fund
Personal Services 001 $ 13,022,017
Annual Increment 004 191,750
Employee Benefits 010 5,233,458
Unclassified 099 20,547,069
International Fuel Tax Agreement 536 ________560,644
Total $ 39,554,938
- -Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2004 Org 0803
Debt Service 040 $ 50,000,000
Maintenance 237 243,700,000
Maintenance, Contract Paving and
Secondary Road Maintenance 272 30,000,000
Bridge Repair and Replacement 273 15,000,000
Inventory Revolving 275 2,000,000
Equipment Revolving 276 10,000,000
General Operations 277 38,768,000
Interstate Construction 278 70,000,000
Other Federal Aid Programs 279 340,700,000
Appalachian Programs 280 150,000,000
Nonfederal Aid Construction 281 20,000,000
Highway Litter Control 282 ________1,600,000
Total $ 971,768,000
The above appropriations are to be expended in accordance with the provisions of chapters
seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate revolving funds within
the state road fund for the operation and purchase of various types of equipment used directly
and indirectly in the construction and maintenance of roads and for the purchase of inventories
and materials and supplies.
There is hereby appropriated within the above items sufficient money for the payment of
claims, accrued or arising during this budgetary period, to be paid in accordance with sections
seventeen and eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all federal funds available for
expenditure on the Appalachian highway system at the earliest possible time. Therefore, should
amounts in excess of those appropriated be required for the purposes of Appalachian programs,
funds in excess of the amount appropriated may be made available upon recommendation of the commissioner and approval of the governor. Further, for the purpose of Appalachian programs,
funds appropriated to line items may be transferred to other line items upon recommendation of
the commissioner and approval of the governor.
Total TITLE II, Section 2-State Road Fund $ 1,012,023,195
_____________Sec. 3. Appropriations from other funds.-From the funds designated there are hereby
appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter
five-a of the code the following amounts, as itemized, for expenditure during the fiscal year two
thousand four.
LEGISLATIVE
- -Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 1731 FY 2004 Org 2300
____________ Other
Activity Funds
Personal Services 001 $ 202,800
Annual Increment 004 4,770
Employee Benefits 010 64,134
Unclassified 099 50,000
Economic Loss Claim Payment Fund (R) 334 ________2,441,500
Total $ 2,763,204
Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment
Fund (fund 1731, activity 334) at the close of the fiscal year 2003 is hereby reappropriated for
expenditure during the fiscal year 2004.
EXECUTIVE
- -Chief Technology Officer Administration Fund
(WV Code Chapter 5)
Fund 1028 FY 2004 Org 0100
Unclassified 099 $ 1,872,961
EPSCOR Undergraduate Scientific
Instrumentation Program 829 ________150,000
Total $ 2,022,961
- -Auditor's Office-
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)
Fund 1206 FY 2004 Org 1200
Personal Services 001 $ 209,629
Annual Increment 004 7,500
Employee Benefits 010 67,081
Unclassified 099 ________395,416
Total $ 679,626
There is hereby appropriated from this fund, in addition to the above appropriation, the
necessary amount for the expenditure of funds other than personal services or employee benefits
to enable the division to pay the direct expenses relating to land sales as provided in Chapter
eleven-a of the 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.
- -Auditor's Office-
Securities Regulation Fund
(WV Code Chapter 32)
Fund 1225 FY 2004 Org 1200
Personal Services 001 $ 723,298
Annual Increment 004 8,700
Employee Benefits 010 199,985
Unclassified 099 ________765,873
Total $ 1,697,856
- -Auditor's Office-
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1233 FY 2004 Org 1200
Unclassified-Total 096 $ 747,368
- -Auditor's Office-
Purchasing Card Administration Fund
(WV Code Chapter 12)
Fund 1234 FY 2004 Org 1200
Unclassified-Total 096 $ 600,000
- -Auditor's Office-
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2004 Org 1200
Personal Services 001 $ 1,769,646
Annual Increment 004 30,000
Employee Benefits 010 568,489
Unclassified 099 ________555,261
Total $ 2,923,396
- -Treasurer's Office-
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1329 FY 2004 Org 1300
Unclassified-Total 096 $ 100,000
- -Department of Agriculture
-
Agriculture Fees Fund
(WV Code Chapter 19)
Fund 1401 FY 2004 Org 1400
Personal Services 001 $ 936,844
Annual Increment 004 10,550
Employee Benefits 010 317,340
Unclassified 099 ________1,313,366
Total $ 2,578,100
- -Department of Agriculture-
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)
Fund 1408 FY 2004 Org 1400
Student and Farm Loans-Total 235 $ 541,538
- -Department of Agriculture-
General John McCausland Memorial Farm
(WV Code Chapter 19)
Fund 1409 FY 2004 Org 1400
Unclassified-Total 096 $ 80,133
The above appropriation shall be expended in accordance with article twenty-six, chapter
nineteen of the code.
- -Department of Agriculture-
Farm Operating Fund
(WV Code Chapter 19)
Fund 1412 FY 2004 Org 1400
Unclassified-Total 096 $ 1,028,903
- -Department of Agriculture-
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2004 Org 1400
Unclassified-Total 096 $ 2,200,000
- -Attorney General-
Antitrust Enforcement
(WV Code Chapter 47)
Fund 1507 FY 2004 Org 1500
Personal Services 001 $ 220,551
Annual Increment 004 935
Employee Benefits 010 66,885
Unclassified 099 ________178,285
Total $ 466,656
- -Attorney General-
Preneed Funeral Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2004 Org 1500
Unclassified-Total 096 $ 227,284
- -Attorney General-
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2004 Org 1500
Unclassified-Total 096 $ 775,000
- -Secretary of State-
Service Fees and Collection Account
(WV Code Chapters 3, 5, and 59)
Fund 1612 FY 2004 Org 1600
Personal Services 001 $ 968,032
Annual Increment 004 7,450
Employee Benefits 010 234,869
Unclassified 099 ________1,143,662
Total $ 2,354,013
- -Secretary of State-
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2004 Org 1600
Unclassified-Total 096 $ 800,000
DEPARTMENT OF ADMINISTRATION
- -Office of the Secretary-
Tobacco Settlement Fund
(WV Code Chapter 4)
Fund 2041 FY 2004 Org 0201
Tobacco Settlement Fund-Transfer 902 $ 28,000,000
The above appropriation for Tobacco Settlement Fund-Transfer shall be transferred to the
Division of Health (fund 5124, org 0506) for expenditure.
- -Division of Finance-
Public Employees Insurance Reserve Fund
(WV Code Chapter 5A)
Fund 2207 FY 2004 Org 0209
Public Employees Insurance Reserve
Fund-Transfer 903 $ 6,000,000
The above appropriation for Public Employees Insurance Reserve Fund-Transfer shall be
transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
- -Division of Information Services
and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2004 Org 0210
Personal Services 001 $ 6,511,072
Annual Increment 004 83,915
Employee Benefits 010 1,846,596
Unclassified 099 ________1,754,727
Total $ 10,196,310
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the division of information services and communications as provided by
law.
There is hereby appropriated from this fund, in addition to the above appropriation, the
necessary amount for the expenditure of funds other than personal services or employee benefits
to enable the division to provide information processing services to user agencies. These
services include, but are not limited to, data processing equipment, office automation and
telecommunications.
Each spending unit operating from the general revenue fund, from special revenue funds or
receiving reimbursement for postage from the federal government shall be charged monthly for
all postage meter service and shall reimburse the revolving fund monthly for all such amounts.
- -Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2004 Org 0222
Personal Services 001 $ 2,586,137
Annual Increment 004 54,850
Employee Benefits 010 822,814
Unclassified 099 ________901,244
Total $ 4,365,045
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of personnel.
- -WV Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2004 Org 0228
Unclassified-Total (R) 096 $ 574,113
Any unexpended balances remaining in the appropriations for Unclassified-Total (fund
2521, activity 096) at the close of the fiscal year 2003 are hereby reappropriated for expenditure
during the fiscal year 2004.
DEPARTMENT OF EDUCATION
- -State Board of Education-
Strategic Staff Development
(WV Code Chapter 18)
Fund 3937 FY 2004 Org 0402
Unclassified-Total (R) 096 $ 550,000
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3937,
activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during
the fiscal year 2004.
- -State Department of Education-
School Building Authority
(WV Code Chapter 18)
Fund 3959 FY 2004 Org 0402
Personal Services 001 $ 661,719
Annual Increment 004 6,900
Employee Benefits 010 230,170
Unclassified 099 ________264,549
Total $ 1,163,338
The above appropriation for the administrative expenses of the school building authority
shall be paid from the interest earnings on debt service reserve accounts maintained on behalf of
said authority.
- -State Department of Education-
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)
Fund 3960 FY 2004 Org 0402
Personal Services 001 $ 780,000
Annual Increment 004 11,350
Employee Benefits 010 275,354
Unclassified 099 ________1,033,296
Total $ 2,100,000
DEPARTMENT OF EDUCATION AND THE ARTS
- -Office of the Secretary-
Lottery Education Fund Interest Earnings-
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2004 Org 0431
EPSCOR (R) 571 $ 300,000
Research Challenge (R) 502 325,000
Total $ 625,000
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 3508,
activity 096), Research Challenge (fund 3508, activity 502), and EPSCOR (fund 3508, activity
571) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal
year 2004.
- -Division of Culture and History-
Public Records and Preservation Revenue Fund
(WV Code Chapter 5A)
Fund 3542 FY 2004 Org 0432
Unclassified-Total 096 $ 0
Unclassified 099 922,227
Project ACCESS 865 300,000
Total $ 1,222,227
- -State Board of Rehabilitation-
Division of Rehabilitation Services-
West Virginia Rehabilitation Center-
Special Account
(WV Code Chapter 18)
Fund 8664 FY 2004 Org 0932
Unclassified 099 $ 2,802,182
Workshop Development 163 450,000
Workshop-Supported Employment 484 ________50,000
Total $ 3,302,182
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)
Fund 5425 FY 2004 Org 0505
Personal Services 001 $ 235,246
Annual Increment 004 4,861
Employee Benefits 010 79,353
Unclassified 099 ________124,738
Total $ 444,198
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the board of barbers and cosmetologists as provided by law.
- -WV Board of Medicine
(WV Code Chapter 30)
Fund 5106 FY 2004 Org 0506
Unclassified-Total 096 $ 1,170,080
- -Division of Health-
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2004 Org 0506
ABCA Tobacco Retailer Education
Program-Transfer 239 $ 200,000
Institutional Facilities
Operations (R) 335 22,149,408
Tobacco Education Program (R) 906 ________5,650,592
Total $ 28,000,000
Any unexpended balances remaining in the above appropriations for Institutional Facilities
Operations (fund 5124, activity 335), and Tobacco Education Program (fund 5124, activity 906)
at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal
year 2004.
From the above appropriation for ABCA Tobacco Retailer Education Program-Transfer,
$200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org
0708) for expenditure.
The secretary of the department of health and human resources, prior to the beginning of the
fiscal year, shall file with the legislative auditor and the department of administration an
expenditure schedule for each formerly separate spending unit which has been consolidated into
the above account and which receives a portion of the above appropriation for Institutional
Facilities Operations. The secretary shall also, within fifteen days after the close of the
six-month period of said fiscal year, file with the legislative auditor and the department of
administration an itemized report of expenditures made during the preceding six-month period.
Additional funds have been appropriated in fund 0525, fiscal year 2004, organization 0506,
and fund 5156, fiscal year 2004, organization 0506, for the operation of the institutional facilities. The secretary of the department of health and human resources is authorized to utilize
up to ten percent of the funds from the Institutional Facilities Operations line item to facilitate
cost effective and cost saving services at the community level.
From the above appropriation to Institutional Facilities Operations, together with available
funds from the division of health-hospital services revenue account (fund 5156, activity 335) and
consolidated medical services fund (fund 0525, activity 335), on July 1, 2003, the sum of two
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.
- -Division of Health-
Vital Statistics
(WV Code Chapter 16)
Fund 5144 FY 2004 Org 0506
Personal Services 001 $ 263,211
Annual Increment 004 8,203
Employee Benefits 010 114,073
Unclassified. 099 ________99,950
Total $ 485,437
- -Division of Health-
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)
Fund 5156 FY 2004 Org 0506
Debt Service (R) 040 $ 2,420,000
Institutional Facilities
Operations (R) 335 34,591,434
Medical Services Trust Fund-
Transfer (R) 512 ________23,300,000
Total $ 60,311,434
Any unexpended balance remaining in the appropriation for hospital services revenue
account at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004, except for fund 5156, activity 335 (fiscal years 1998 and 1999) and fund 5156,
activity 040 (fiscal year 2002) which shall expire on June 30, 2003.
The total amount of this appropriation shall be paid from the hospital services revenue
account special fund created by section fifteen-a, article one, chapter sixteen of the code, and
shall be used for operating expenses and for improvements in connection with existing facilities
and bond payments.
The secretary of the department of health and human resources is authorized to utilize up to
ten percent of the funds from the appropriation for Institutional Facilities Operations line to
facilitate cost effective and cost saving services at the community level.
Necessary funds from the above appropriation may be used for medical facilities operations,
either in connection with this account or in connection with the line item designated Institutional
Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2004,
organization 0506) and the tobacco settlement expenditure fund (fund 5124, fiscal year 2004,
organization 0506).
From the above appropriation to Institutional Facilities Operations, together with available
funds from the consolidated medical services fund (fund 0525, activity 335) and the tobacco
settlement expenditure fund (fund 5124, activity 335), on July 1, 2003, the sum of two 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.
- -Division of Health-
Laboratory Services
(WV Code Chapter 16)
Fund 5163 FY 2004 Org 0506
Personal Services 001 $ 502,830
Annual Increment 004 9,450
Employee Benefits 010 183,491
Unclassified 099 ________217,476
Total $ 913,247
- -Division of Health-
Health Facility Licensing
(WV Code Chapter 16)
Fund 5172 FY 2004 Org 0506
Personal Services 001 $ 201,430
Annual Increment 004 2,800
Employee Benefits 010 43,712
Unclassified 099 ________125,070
Total $ 373,012
- -Division of Health-
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2004 Org 0506
Personal Services 001 $ 56,071
Annual Increment 004 1,150
Employee Benefits 010 20,804
Unclassified. 099 ________2,996,821
Total $ 3,074,846
- -Division of Health-
Lead Abatement Fund
(WV Code Chapter 16)
Fund 5204 FY 2004 Org 0506
Unclassified-Total 096 $ 20,000
- -Division of Health-
West Virginia Birth to Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2004 Org 0506
Personal Services 001 $ 500,000
Annual Increment 004 4,000
Employee Benefits 010 192,276
Unclassified 099 ________20,303,724
Total $ 21,000,000
- -West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 5375 FY 2004 Org 0507
Personal Services 001 $ 1,940,548
Annual Increment 004 0
Employee Benefits 010 577,273
Unclassified 099 3,463,470
Hospital Assistance.. . . . . . . . . . . 025 ________500,000
Total $ 6,481,291
The above appropriation is to be expended in accordance with and pursuant to the provisions
of article twenty-nine-b, chapter sixteen of the code and from the special revolving fund
designated health care cost review fund.
- -Division of Human Services-
Health Care Provider Tax
(WV Code Chapter 11)
Fund 5090 FY 2004 Org 0511
Unclassified-Total 096 $ 143,350,133
From the above appropriation, an amount not to exceed two hundred thousand dollars shall
be transferred to a special revenue account in the treasury for use by the department of health and
human resources for administrative purposes. The remainder of all moneys deposited in the fund
shall be transferred to the West Virginia medical services fund.
- -Division of Human Services-
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2004 Org 0511
Unclassified-Total (R) 096 $ 30,781,971
Any unexpended balance remaining in the appropriation for Unclassified-Total (fund 5094,
activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during
the fiscal year 2004.
- -Division of Human Services-
Medical Services Trust Fund
(WV Code Chapter 9)
Fund 5185 FY 2004 Org 0511
Payment to Non-State Hospitals DPSH 492 $ 0
Eligibility Expansion 582 1,958,066
State Institutions DPSH Payments 583 0
Hospice Services 584 0
Public Employees Insurance Reserve Fund-
Transfer 903 6,000,000
Match Drop 585 0
Unclassified. . . . . . . . . . . . . . . 099 27,877,927
Total $ 35,835,993
The above appropriation to Unclassified shall be used to provide state match of Medicaid
expenditures as defined and authorized in subsection (c) 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.
- -Division of Human Services-
James "Tiger" Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2004 Org 0511
Unclassified-Total 096 $ 1,700,000
- -Family Protection Services Board-
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2004 Org 0511
Unclassified-Total 096 $ 372,245
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
- -Department of Military Affairs and Public Safety-
Office of the Secretary-
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2004 Org 0601
Unclassified-Total 096 $ 20,000
- -State Armory Board-
General Armory Fund
(WV Code Chapter 15)
Fund 6057 FY 2004 Org 0603
Unclassified-Total 096 $ 675,067
- -West Virginia Division of Corrections-
Parolee Supervision Fees
(WV Code Chapter 62)
Fund 6362 FY 2004 Org 0608
Personal Services 001 $ 116,774
Annual Increment 004 1,651
Employee Benefits 010 52,130
Unclassified 099 ________234,989
Total $ 405,544
- -West Virginia State Police-
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)
Fund 6501 FY 2004 Org 0612
Personal Services 001 $ 1,141,117
Annual Increment 004 3,600
Employee Benefits 010 346,696
Unclassified 099 562,979
BRIM Premium 913 ________190,683
Total $ 2,245,075
The total amount of this appropriation shall be paid from the special revenue fund out of
fees collected for inspection stickers as provided by law.
- -West Virginia State Police-
Drunk Driving Prevention Fund
(WV Code Chapter 15)
Fund 6513 FY 2004 Org 0612
Unclassified 099 $ 885,531
BRIM Premium 913 ________97,381
Total $ 982,912
The total amount of this appropriation shall be paid from the special revenue fund out of
receipts collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the
code and paid into a revolving fund account in the state treasury.
- -West Virginia State Police-
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)
Fund 6516 FY 2004 Org 0612
Unclassified 099 $ 469,082
BRIM Premium 913 ________48,687
Total $ 517,769
From the cash balance available the amount of $1,200,000 shall be transferred to fund 6519,
fiscal year 2004, organization 0612 as reimbursement for funds transferred by legislative action
during fiscal year 2003.
- -West Virginia State Police-
Surplus Transfer Account
(WV Code Chapter 15)
Fund 6519 FY 2004 Org 0612
Unclassified (R) 099 $ 350,000
BRIM Premium 913 __34,086
Total $ 384,086
Any unexpended balances remaining in the appropriations for Unclassified (fund 6519,
activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during
the fiscal year 2004 with the exception of fund 6519, fiscal year 2002, activity 099 which shall expire on June 30, 2003.
- -West Virginia State Police-
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2004 Org 0612
Unclassified 099 $ 193,884
BRIM Premium 913 ________11,678
Total $ 205,562
- -West Virginia State Police-
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2004 Org 0612
Unclassified-Total 096 $ 20,000
- -Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)
Fund 6675 FY 2004 Org 0615
Personal Services 001 $ 1,215,646
Annual Increment 004 14,750
Employee Benefits 010 406,374
Debt Service 040 9,000,000
Unclassified 099 ________672,230
Total $ 11,309,000
The Legislature reasonably expects the West Virginia Regional Jail and Correctional
Facility Authority to reimburse the West Virginia State Police for the cost of the acquisition of
the approximate 32 acres and three buildings situated along Academy Drive, Institute, West
Virginia, and abutting the West Virginia State Police Academy from proceeds of bonds issued by
the West Virginia Economic Development Authority on behalf of the West Virginia Regional Jail and Correctional Facility Authority, anticipated to be issued on or about September 1, 2003.
The source of original payment for the land acquisition was fund 6516, organization 0612 and
upon issuance of the bonds, proceeds thereof not to exceed the amount of such capital
expenditures will be applied to reimbursement of fund 6516, organization 0612 from the
appropriate account(s) or fund(s) from the West Virginia Regional Jail and Correctional Facility
Authority or its trustee. The maximum amount of such reimbursement is $1,500,000 and the
maximum principal amount of bonds to be issued for design, acquisition, construction, and
equipping of the Regional Jail and Economic Development Authority Projects is $50,000,000.
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 19A)
Fund 6754 FY 2004 Org 0618
Unclassified-Total 096 $ 466,000
- -Fire Commission-
Fire Marshal Fees
(WV Code Chapter 29)
Fund 6152 FY 2004 Org 0619
Personal Services 001 $ 750,985
Annual Increment 004 7,000
Employee Benefits 010 272,000
Unclassified 099 ________289,950
Total $ 1,319,935
Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2003 is
hereby available for expenditure as part of the fiscal year 2004 appropriation.
- -Division of Criminal Justice Services-
WV Community Corrections Fund
(WV Code Chapter 62)
Fund 6386 FY 2004 Org 0620
Unclassified-Total 096 $ 2,000,000
- -Criminal Justice Services-
Court Security Fund
(Executive Order)
Fund 6804 FY 2004 Org 0620
Unclassified-Total 096 $ 1,000,000
DEPARTMENT OF TAX AND REVENUE
- -Division of Banking
(WV Code Chapter 31A)
Fund 3041 FY 2004 Org 0303
Personal Services 001 $ 1,485,680
Annual Increment 004 13,350
Employee Benefits 010 451,851
Unclassified 099 ________643,683
Total $ 2,594,564
- -Tax Division-
Cemetery Company Account
(WV Code Chapter 35)
Fund 7071 FY 2004 Org 0702
Personal Services 001 $ 17,274
Annual Increment 004 125
Employee Benefits 010 5,384
Unclassified 099 ________10,144
Total $ 32,927
- -Tax Division-
Special Audit and Investigative Unit
(WV Code Chapter 11)
Fund 7073 FY 2004 Org 0702
Personal Services 001 $ 830,304
Annual Increment 004 16,000
Employee Benefits 010 270,407
Unclassified 099 ________362,179
Total $ 1,478,890
- -Insurance Commissioner-
Examination Revolving Fund
(WV Code Chapter 33)
Fund 7150 FY 2004 Org 0704
Personal Services 001 $ 556,330
Annual Increment 004 2,500
Employee Benefits 010 143,220
Unclassified 099 ________487,760
Total $ 1,189,810
- -Insurance Commissioner-
Consumer Advocate
(WV Code Chapter 33)
Fund 7151 FY 2004 Org 0704
Personal Services 001 $ 276,028
Annual Increment 004 2,000
Employee Benefits 010 88,390
Unclassified 099 ________104,153
Total $ 470,571
- -Insurance Commissioner
(WV Code Chapter 33)
Fund 7152 FY 2004 Org 0704
Personal Services 001 $ 2,716,953
Annual Increment 004 35,000
Employee Benefits 010 866,220
Unclassified 099 ________949,834
Total $ 4,568,007
The total amount of this appropriation shall be paid from a special revenue fund out of
collections of fees and charges as provided by law.
- -Racing Commission-
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2004 Org 0707
Medical Expenses-Total 245 $ 57,000
The total amount of this appropriation shall be paid from the special revenue fund out of
collections of license fees and fines as provided by law.
No expenditures shall be made from this account except for hospitalization, medical care
and/or funeral expenses for persons contributing to this fund.
- -Racing Commission-
Administration and Promotion
(WV Code Chapter 19)
Fund 7304 FY 2004 Org 0707
Personal Services 001 $ 66,444
Annual Increment 004 1,000
Employee Benefits 010 24,152
Unclassified 099 ________47,358
Total $ 138,954
- -Racing Commission-
General Administration
(WV Code Chapter 19)
Fund 7305 FY 2004 Org 0707
Personal Services 001 $ 1,805,943
Annual Increment 004 20,250
Employee Benefits 010 482,303
Unclassified 099 ________374,550
Total $ 2,683,046
- -Racing Commission
-
Administration, Promotion and Education Fund
(WV Code Chapter 19)
Fund 7307 FY 2004 Org 0707
Unclassified-Total 096 $ 65,000
- -Alcohol Beverage Control Administration
-
Wine License Special Fund
(WV Code Chapter 60)
Fund 7351 FY 2004 Org 0708
Personal Services 001 $ 224,718
Annual Increment 004 3,200
Employee Benefits 010 78,856
Unclassified 099 ________156,016
Total $ 462,790
To the extent permitted by law, four classified exempt positions shall be provided from
Personal Services line item for field auditors.
- -Alcohol Beverage Control Administration
(WV Code Chapter 60)
Fund 7352 FY 2004 Org 0708
Personal Services 001 $ 3,585,014
Annual Increment 004 76,000
Employee Benefits 010 1,281,893
Unclassified (R) 099 ________1,918,070
Total $ 6,860,977
Any unexpended balance remaining in Unclassified (fund 7352, activity 099) at the close of
the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
From the above appropriation an amount of $500,000 shall be used for the Tobacco/Alcohol
Education Program. To the extent permitted by law, classified exempt positions shall be
provided from Personal Services line item for the educator-inspector positions to be used in the
education and enforcement activities relating to underage tobacco and alcohol use and sales.
The total amount of this appropriation shall be paid from a special revenue fund out of
liquor revenues.
The above appropriation includes the salary of the commissioner and the salaries, expenses
and equipment of administrative offices, warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to the above appropriation,
the necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
-
Driver's License Reinstatement Fund
(WV Code Chapter 17B)
Fund 8213 FY 2004 Org 0802
Personal Services 001 $ 394,810
Annual Increment 004 5,650
Employee Benefits 010 165,707
Unclassified 099 ________277,355
Total $ 843,522
- -Division of Motor Vehicles
-
Driver Rehabilitation
(WV Code Chapter 17C)
Fund 8214 FY 2004 Org 0802
Unclassified-Total 096 $ 182,194
- -Division of Motor Vehicles
-
Insurance Certificate Fees
(WV Code Chapter 20)
Fund 8215 FY 2004 Org 0802
Personal Services 001 $ 621,000
Annual Increment 004 15,750
Employee Benefits 010 258,546
Unclassified 099 ________48,165
Total $ 943,461
- -Division of Motor Vehicles
-
Motorboat Licenses
(WV Code Chapter 20)
Fund 8216 FY 2004 Org 0802
Unclassified-Total 096 $ 247,704
- -Division of Motor Vehicles
-
Returned Check Fees
(WV Code Chapter 17)
Fund 8217 FY 2004 Org 0802
Unclassified-Total 096 $ 16,000
- -Division of Motor Vehicles
-
Dealer Recovery Fund
(WV Code Chapter 17)
Fund 8220 FY 2004 Org 0802
Unclassified-Total 096 $ 200,000
- -Division of Highways-
A. James Manchin Fund
(WV Code Chapter 17)
Fund 8319 FY 2004 Org 0803
Unclassified-Total 096 $ 3,625,000
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 3081 FY 2004 Org 0305
Personal Services 001 $ 368,845
Annual Increment 004 7,200
Employee Benefits 010 136,784
Unclassified 099 ________262,771
Total $ 775,600
- -Division of Forestry
-
Timberland Enforcement Operations
(WV Code Chapter 19)
Fund 3082 FY 2004 Org 0305
Unclassified-Total 096 $ 150,000
- -Division of Forestry
-
Severance Tax Operations
(WV Code Chapter 11)
Fund 3084 FY 2004 Org 0305
Unclassified-Total 096 $ 3,722,575
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 3100 FY 2004 Org 0306
Personal Services 001 $ 42,818
Annual Increment 004 709
Employee Benefits 010 10,873
Unclassified 099 ________173,756
Total $ 228,156
The above appropriation shall be used in accordance with section four, article two, chapter
twenty-nine of the code.
- -West Virginia Development Office-
Energy Assistance
(WV Code Chapter 5B)
Fund 3144 FY 2004 Org 0307
Energy Assistance-Total (R) 647 $ 300,000
Any unexpended balance remaining in the appropriation for Energy Assistance-Total (fund
3144, activity 647) at the close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
- -West Virginia Development Office-
Office of Coal Field Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2004 Org 0307
Unclassified-Total (R) 096 $ 478,943
Any unexpended balance remaining in the above appropriation for Unclassified-Total (fund
3162, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
- -Division of Labor
-
Contractor Licensing Board Fund
(WV Code Chapter 21)
Fund 3187 FY 2004 Org 0308
Personal Services 001 $ 940,540
Annual Increment 004 13,160
Employee Benefits 010 377,410
Unclassified 099 ________560,576
Total $ 1,891,686
- -Division of Labor
-
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2004 Org 0308
Personal Services 001 $ 162,700
Annual Increment 004 1,813
Employee Benefits 010 65,027
Unclassified 099 ________86,521
Total $ 316,061
- -Division of Labor-
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2004 Org 0308
Unclassified-Total 096 $ 115,031
- -Division of Labor-
Amusement Rides/Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2004 Org 0308
Unclassified-Total 096 $ 101,135
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2004 Org 0310
Personal Services 001 $ 0
Annual Increment 004 0
Employee Benefits 010 0
Unclassified 099 0
Capital Improvements and
Land Purchase (R) 248 1,260,000
Administration. . . . . . . . . . . . . . 155 1,656,690
Wildlife Resources. . . . . . . . . . . . 023 6,074,534
Law Enforcement.. . . . . . . . . . . . . 806 6,074,534
Radio System . . . . . . . . . . . . . 024 2,000,000
Total $ 17,065,758
The total amount of this appropriation shall be paid from a special revenue fund out of fees
collected by the division of natural resources.
Any unexpended balance remaining in the appropriation for Capital Improvements and Land
Purchase (fund 3200, activity 248) at the close of the fiscal year 2003 is hereby reappropriated
for expenditure during the fiscal year 2004.
- -Division of Natural Resources
-
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2004 Org 0310
Unclassified-Total 096 $ 20,000
- -Division of Natural Resources-
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2004 Org 0310
Personal Services 001 $ 192,000
Annual Increment 004 1,400
Employee Benefits 010 79,324
Unclassified 099 ________88,356
Total $ 361,080
- -Division of Natural Resources
-
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2004 Org 0310
Personal Services 001 $ 234,568
Annual Increment 004 6,400
Employee Benefits 010 98,304
Unclassified 099 ________146,355
Total $ 485,627
- -Division of Natural Resources
-
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2004 Org 0310
Unclassified-Total 096 $ 185,000
- -Division of Natural Resources
-
Recycling Assistance Fund
(WV Code Chapter 20)
Fund 3254 FY 2004 Org 0310
Personal Services 001 $ 226,917
Annual Increment 004 3,200
Employee Benefits 010 99,416
Unclassified (R) 099 ________2,414,467
Total $ 2,744,000
Any unexpended balance remaining in the appropriation for Unclassified (fund 3254,
activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during
the fiscal year 2004.
- -Division of Natural Resources
-
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)
Fund 3256 FY 2004 Org 0310
Unclassified-Total 096 $ 20,000
- -Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3351 FY 2004 Org 0314
Personal Services. . . . . . . . . . . . . 001 $ 400,300
Employee Benefits. . . . . . . . . . . . . 010 143,750
Unclassified . . . . . . . . . . . . . . . 099 845,950
WV Mining Extension Service. . . . . . . . 026 150,000
Total. . . . . . . . . . . . . . . . . . $ 1,540,000
BUREAU OF EMPLOYMENT PROGRAMS
- -Bureau of Employment Programs
-
Workers' Compensation Fund
(WV Code Chapter 23)
Fund 3440 FY 2004 Org 0322
Personal Services 001 $ 29,400,673
Annual Increment 004 443,253
Employee Benefits 010 11,114,158
Unclassified (R) 099 28,301,647
Technology Improvements (R) 599 2,000,000
Employer Excess Liability Fund 226 ________117,197
Total $ 71,376,928
Any unexpended balance remaining in the appropriations for Unclassified (fund 3440,
activity 099), and Technology Improvements (fund 3440, activity 599) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Solid Waste Management Board
(WV Code Chapter 20)
Fund 3288 FY 2004 Org 0312
Personal Services 001 $ 631,065
Annual Increment 004 3,700
Employee Benefits 010 190,621
Unclassified 099 ________1,894,662
Total $ 2,720,048
- -Division of Environmental Protection
-
Special Reclamation Trust Fund
(WV Code Chapter 22A)
Fund 3321 FY 2004 Org 0313
Personal Services 001 $ 827,610
Annual Increment 004 7,850
Employee Benefits 010 346,868
Unclassified 099 ________17,643,140
Total $ 18,825,468
- -Division of Environmental Protection
-
Oil and Gas Reclamation Trust
(WV Code Chapter 22B)
Fund 3322 FY 2004 Org 0313
Unclassified-Total 096 $ 150,000
- -Division of Environmental Protection-
Oil and Gas Operating Permits
(WV Code Chapter 22B)
Fund 3323 FY 2004 Org 0313
Personal Services 001 $ 264,368
Annual Increment 004 3,400
Employee Benefits 010 89,686
Unclassified 099 ________503,448
Total $ 860,902
- -Division of Environmental Protection-
Mining and Reclamation Operations Fund
(WV Code Chapter 22)
Fund 3324 FY 2004 Org 0313
Personal Services 001 $ 5,108,765
Annual Increment 004 53,503
Employee Benefits 010 1,927,506
Unclassified 099 ________3,356,496
Total $ 10,446,270
- -Division of Environmental Protection-
Underground Storage Tanks-
Administrative Fund
(WV Code Chapter 20)
Fund 3325 FY 2004 Org 0313
Personal Services 001 $ 300,313
Annual Increment 004 3,200
Employee Benefits 010 103,371
Unclassified 099 ________124,523
Total $ 531,407
- -Division of Environmental Protection
-
Hazardous Waste Emergency and Response Fund
(WV Code Chapter 20)
Fund 3331 FY 2004 Org 0313
Personal Services 001 $ 525,160
Annual Increment 004 6,680
Employee Benefits 010 163,706
Unclassified 099 ________928,550
Total $ 1,624,096
- -Division of Environmental Protection-
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 20)
Fund 3332 FY 2004 Org 0313
Personal Services 001 $ 238,196
Annual Increment 004 1,900
Employee Benefits 010 73,084
Unclassified 099 __1,008,156
Total $ 1,321,336
- -Division of Environmental Protection
-
Solid Waste Enforcement Fund
(WV Code Chapter 20)
Fund 3333 FY 2004 Org 0313
Personal Services 001 $ 1,608,921
Annual Increment 004 26,850
Employee Benefits 010 545,959
Unclassified 099 ________729,391
Total $ 2,911,121
- -Division of Environmental Protection
-
Fees and Operating Expenses
(WV Code Chapter 16)
Fund 3336 FY 2004 Org 0313
Personal Services 001 $ 3,725,624
Annual Increment 004 32,650
Employee Benefits 010 1,169,957
Unclassified 099 ________2,226,479
Total $ 7,154,710
- -Division of Environmental Protection-
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)
Fund 3340 FY 2004 Org 0313
Personal Services 001 $ 133,798
Annual Increment 004 2,050
Employee Benefits 010 50,672
Unclassified 099 ________185,322
Total $ 371,842
- -Division of Environmental Protection-
Stream Restoration Fund
Fund 3349 FY 2004 Org 0313
Unclassified-Total 096 $ 2,000,000
- -Division of Environmental Protection-
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2004 Org 0313
Unclassified-Total 096 $ 1,415,856
- -Oil and Gas Conservation Commission
(WV Code Chapter 22)
Fund 3371 FY 2004 Org 0315
Personal Services 001 $ 154,969
Annual Increment 004 1,900
Employee Benefits 010 30,726
Unclassified 099 ________47,362
Total $ 234,957
HIGHER EDUCATION POLICY COMMISSION
- -Health Sciences-
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)
Fund 4179 FY 2004 Org 0463
Unclassified-Total (R) 096 $ 15,359,467
Any unexpended balance remaining in the appropriation for the West Virginia University
Health Sciences Center is hereby reappropriated for expenditure during the fiscal year 2004.
- -Higher Education Policy Commission-
System-
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4902 FY 2004 Org 0442
Debt Service (R) 040 $ 5,622,243
General Capital Expenditures (R) 306 ________500,000
Total $ 6,122,243
Any unexpended balances remaining in the appropriations are hereby reappropriated for
expenditure during the fiscal year 2004 with the exception of fund 4902, fiscal year 2000,
activity 251, fund 4902, fiscal year 2000, activity 438, and fund 4902, fiscal year 2002, activity
306 ($7,000,000) which shall expire on June 30, 2003.
The total amount of this appropriation shall be paid from the special capital improvement
fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid
on a cash basis and made available from the date of passage.
The above appropriations, except for debt service, may be transferred to special revenue
funds for capital improvement projects at the institutions.
- -Higher Education Policy Commission-
System-
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)
Fund 4903 FY 2004 Org 0442
Debt Service (R) 040 $ 14,965,858
General Capital Expenditures (R) 306 500,000
Facilities Planning
and Administration (R) 386 ________387,975
Total $ 15,853,833
Any unexpended balances remaining in the appropriations are hereby reappropriated for
expenditure during the fiscal year 2004 with the exception of fund 4903, fiscal year 1999 and
fiscal year 2000, activity 040, fund 4903, fiscal year 2000, activity 258, fund 4903, fiscal year
2000, activity 438, fund 4903, fiscal year 1996, activity 458, and fund 4903, fiscal year 2002,
activity 306 ($22,800,000) which shall expire on June 30, 2003.
The total amount of this appropriation shall be paid from the special capital improvement
fund created in article twelve-b, chapter eighteen of the code. Projects are to be paid on a cash
basis and made available from the date of passage.
The above appropriations, except for debt service, may be transferred to special revenue
funds for capital improvement projects at the institutions.
- -Higher Education Policy Commission-
1977 State System Registration Fee Refund Revenue Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
The appropriation shall be paid from available unexpended cash balances and interest
earnings accruing to the fund. The appropriation shall be expended at the discretion of the
Higher Education Policy Commission and the funds may be allocated to any institution within
the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of
revenue bonds previously issued pursuant to section eight, article ten, chapter eighteen-b of the
code, which have since been refunded.
- -Higher Education Policy Commission-
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
The appropriation shall be paid from available unexpended cash balances and interest
earnings accruing to the fund. The appropriation shall be expended at the discretion of the
Higher Education Policy Commission and the funds may be allocated to any institution within
the system.
The total amount of this appropriation shall be paid from the unexpended proceeds of
revenue bonds previously issued pursuant to section eight, article twelve-b, chapter eighteen of
the code, which have since been refunded.
- -Higher Education Policy Commission-
State University System Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4907 FY 2004 Org 0442
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
- -Higher Education Policy Commission-
Fairmont State College
(WV Code Chapters 18 and 18B)
Fund 4457 FY 2004 Org 0484
Capital Improvements - Total (R) 958 $ 235,000
The total amount of this appropriation is from the sale of the Shaw House and shall be used
for the additional purchase of real property or technology, or for capital improvements at
Fairmont State College. The above appropriation shall be available from the date of passage.
MISCELLANEOUS BOARDS AND COMMISSIONS
- -Hospital Finance Authority
(WV Code Chapter 16)
Fund 5475 FY 2004 Org 0509
Personal Services 001 $ 46,074
Annual Increment 004 650
Employee Benefits 010 15,753
Unclassified. 099 ________88,687
Total $ 151,164
The total amount of this appropriation shall be paid from the special revenue fund out of
fees and collections as provided by article twenty-nine-a, chapter sixteen of the code.
- -Municipal Bond Commission
(WV Code Chapter 13)
Fund 7253 FY 2004 Org 0706
Personal Services 001 $ 161,262
Annual Increment 004 4,100
Employee Benefits 010 58,913
Unclassified 099 ________81,890
Total $ 306,165
- -WV State Board of Examiners for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2004 Org 0906
Unclassified-Total 096 $ 348,090
- -WV Board of Examiners for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2004 Org 0907
Unclassified-Total 096 $ 882,136
- -Public Service Commission
(WV Code Chapter 24)
Fund 8623 FY 2004 Org 0926
Personal Services 001 $ 7,916,582
Annual Increment 004 130,000
Employee Benefits 010 2,535,487
Unclassified 099 2,449,324
Debt Payment/Capital Outlay 520 350,000
BRIM Premium 913 ________139,752
Total $ 13,521,145
The total amount of this appropriation shall be paid from a special revenue fund out of
collections for special license fees from public service corporations as provided by law.
The Public Service Commission is authorized to spend up to $250,000, from surplus funds
in this account, to meet the expected deficiencies in the Motor Carrier Division account due to
passage of enrolled house bill no. 2715, regular session, 1997.
- -Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8624 FY 2004 Org 0926
Personal Services 001 $ 146,426
Annual Increment 004 5,556
Employee Benefits 010 50,587
Unclassified 099 ________87,053
Total $ 289,622
The total amount of this appropriation shall be paid from a special revenue fund out of
receipts collected for or by the public service commission pursuant to and in the exercise of
regulatory authority over pipeline companies as provided by law.
- -Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8625 FY 2004 Org 0926
Personal Services 001 $ 1,582,433
Annual Increment 004 40,000
Employee Benefits 010 548,205
Unclassified 099 ________574,469
Total $ 2,745,107
The total amount of this appropriation shall be paid from a special revenue fund out of
receipts collected for or by the public service commission pursuant to and in the exercise of
regulatory authority over motor carriers as provided by law.
- -Public Service Commission-
Consumer Advocate
(WV Code Chapter 24)
Fund 8627 FY 2004 Org 0926
Personal Services 001 $ 480,577
Annual Increment 004 5,900
Employee Benefits 010 135,446
Unclassified 099 284,633
BRIM Premium 913 ________2,453
Total $ 909,009
The total amount of this appropriation shall be paid from a special revenue fund out of
collections made by the public service commission.
- -Real Estate Commission
(WV Code Chapter 30)
Fund 8635 FY 2004 Org 0927
Personal Services 001 $ 360,695
Annual Increment 004 5,900
Employee Benefits 010 115,491
Unclassified 099 ________237,335
Total $ 719,421
The total amount of this appropriation shall be paid out of collections of license fees as
provided by law.
- -WV Board of Examiners for Speech-Language Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2004 Org 0930
Unclassified-Total 096 $ 54,945
- -WV Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2004 Org 0935
Unclassified-Total 096 $ 115,000
- -WV Board of Licensed Dietitians
Fund 8680 FY 2004 Org 0936
Unclassified-Total 096 $ 20,000
- -Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2004 Org 0938
Unclassified-Total 096 $ 80,000
Total TITLE II, Section 3-
Other Funds $ __674,270,312
_____________Sec. 4. Appropriations from lottery net profits.-Net profits of the lottery are to be
deposited by the director of the lottery to the following accounts in the amounts indicated. The
director of the lottery shall prorate each deposit of net profits in the proportion the appropriation
for each account bears to the total of the appropriations for all accounts.
After first satisfying the requirements for Fund 2252 and Fund 3963 pursuant to section
eighteen, article twenty-two, chapter twenty-nine of the code, the director of the lottery shall
make available from the remaining net profits of the lottery any amounts needed to pay debt service for which the appropriation is made for Fund 3167, and is authorized to transfer any such
amounts to Fund 3167 for that purpose. Upon receipt of reimbursement of amounts so
transferred, the director of the lottery shall deposit the reimbursement amounts to the following
accounts as required by this section.
- -Education, Arts, Sciences and Tourism-
Debt Service Fund
(WV Code Chapter 5)
Fund 2252 FY 2004 Org 0211
_______________________________________________________________Lottery
Activity Funds
Debt Service-Total 310 $ 10,000,000
- -West Virginia Development Office-
Division of Tourism
(WV Code Chapter 5B)
Fund 3067 FY 2004 Org 0304
Tourism-Telemarketing Center 463 $ 90,000
Tourism-Advertising (R) 618 3,597,930
State Parks and Recreation
Advertising (R) 619 684,000
Capitol Complex-Capital Outlay (R) 417 2,000,000
WV Film Development Office 498 102,139
Motor Sports Council 513 90,000
Tourism-Special Projects (R) 859 1,000,000
Tourism-Unclassified (R) 662 ________4,185,765
Total $ 11,749,834
Any unexpended balances remaining in the appropriations for Tourism-Advertising (fund
3067, activity 618), State Parks and Recreation Advertising (fund 3067, activity 619), Capitol Complex-Capital Outlay (fund 3067, activity 417), Tourism-Special Projects (fund 3067, activity
859), Tourism-Unclassified (fund 3067, activity 662), and Tourism-Unclassified-Lottery Surplus
(fund 3067, activity 773) at the close of the fiscal year 2003 are hereby reappropriated for
expenditure during the fiscal year 2004.
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 3267 FY 2004 Org 0310
Unclassified (R) 099 $ 2,437,952
Pricketts Fort State Park 324 108,000
Non-Game Wildlife 527 488,938
West Virginia Stream Partners Program 637 90,000
Gypsy Moth Suppression
Program for State Parks. . . . . . . . . 017 50,000
Total $ 3,174,890
Any unexpended balances remaining in the appropriations for Unclassified (fund 3267,
activity 099), State Recreation Area Improvements (fund 3267, activity 307), Capital Outlay-
Parks (fund 3267, activity 288), Flood Reparations (fund 3267, activity 400), Parks Operations-
Unclassified (fund 3267, activity 645), State Parks-Special Projects (fund 3267, activity 860),
Computerized Lodging Reservation System (fund 3267, activity 910), and State Parks Repairs,
Renovations, Maintenance and Life Safety Repairs (fund 3267, activity 911) at the close of the
fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 3951 FY 2004 Org 0402
Teachers' Retirement System 019 $ 6,494,130
Educational Program Allowance 996 250,000
Traditional Student Increased
Enrollment-5 years through 12th grade 997 2,000,000
Safe Schools 143 1,000,000
Computer Basic Skills (R) 145 4,000,000
S.U.C.C.E.S.S (R) 255 4,000,000
Computer Study 998 100,000
Technology Repair and Modernization (R) 298 1,000,000
Program Modernization 305 725,000
READS Program 365 300,000
MATH Program 368 300,000
Vocational Education
Equipment Replacement 393 819,750
Assessment Program 396 6,629,697
Employment Programs Rate Relief 401 878,189
Adverse Impact on Counties 968 600,000
Three Tier Funding 411 1,000,000
Technology and Telecommunications
Initiative (R) 596 807,806
Virtual Schools on the Internet 178 445,668
Teacher Reimbursement 573 150,000
Teacher Relocation 574 50,000
National Science Foundation Match/WV
Science 578 300,000
Statewide Assistance 656 0
Educational Enhancements 695 2,427,000
Educational Development 823 1,500,000
Total $ 35,777,240
Any unexpended balances remaining in the appropriations for Computer Basic Skills (fund 3951, activity 145), S.U.C.C.E.S.S. (fund 3951, activity 255), Technology Repair and
Modernization (fund 3951, activity 298), Computer Basic Skills-Total (fund 3951, activity 567),
Technology and Telecommunications Initiative (fund 3951, activity 596), Technology
Demonstration Project (fund 3951, activity 639), and Educational Development (fund 3951,
activity 823) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during
the fiscal year 2004.
- -State Department of Education-
School Building Authority-
Debt Service Fund
(WV Code Chapter 18)
Fund 3963 FY 2004 Org 0402
Debt Service-Total 310 $ 18,000,000
- -Department of Education and the Arts-
Office of the Secretary-
Control Account-
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2004 Org 0431
WVU Center for Excellence
in Disabilities 658 $ 0
Center for Excellence in Disabilities 967 100,000
Special Olympic Games 966 25,000
Commission for National
Community Service 193 160,050
Technical Prep Program 440 500,000
Arts Programs (R) 500 40,000
Hospitality Training 600 533,500
Energy Express 861 0
Teacher Education Partnerships (R) 576 0
College Readiness (R) 579 200,000
LATA Access (R) 580 725,000
Neurological Research and Development 634 0
Challenger Learning Center 862 60,000
WV Humanities Council 168 ________350,000
Total $ 2,693,550
Any unexpended balances remaining in the appropriations for Unclassified (fund 3508,
activity 099), Arts Programs (fund 3508, activity 500), Teacher Education Partnerships (fund
3508, activity 576), College Readiness (fund 3508, activity 579), LATA Access (fund 3508,
activity 580), and WV2001 Project (fund 3508, activity 836) at the close of fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004.
- -Division of Culture and History-
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2004 Org 0432
Huntington Symphony 027 $ 75,000
Martin Luther King, Jr.
Holiday Celebration 031 12,000
Fairs and Festivals 122 2,000,000
Archeological Curation/Capital
Improvements (R) 246 422,715
Historic Preservation Grants (R) 311 449,388
West Virginia Public Theater 312 240,000
Tri-County Fair Association 343 125,000
George Tyler Moore Center for the
Study of the Civil War 397 50,000
Theater Arts of West Virginia 464 350,000
Grants for Competitive Arts Program (R) 624 810,000
Contemporary American
Theater Festival 811 90,000
Independence Hall (R) 812 50,000
Mountain State Forest Festival 864 50,000
Project ACCESS (R) 865 ________0
Total $ 4,724,103
Any unexpended balances remaining in the appropriations for Archeological
Curation/Capital Improvements (fund 3534, activity 246), Historic Preservation Grants (fund
3534, activity 311), Capital Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for
Competitive Arts Program (fund 3534, activity 624), Independence Hall (fund 3534, activity
812), and Project ACCESS (fund 3534, activity 865) at the close of the fiscal year 2003 are
hereby reappropriated for expenditure during the fiscal year 2004.
- -Library Commission-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2004 Org 0433
Books and Films 179 $ 150,000
Grants to Public Libraries 182 7,348,884
Libraries-Special Projects 625 990,000
Infomine Network 884 ________900,091
Total $ 9,388,975
- -Educational Broadcasting Authority-
Lottery Education Fund
(WV Code Chapter 10)
Fund 3587 FY 2004 Org 0439
Star Schools 509 $ 242,500
Mountain Stage 249 ________180,000
Total $ 422,500
Any unexpended balance remaining in the above appropriation for Digital Conversion (fund
3587, activity 247) at the close of the fiscal year 2003 is hereby reappropriated for expenditure
during the fiscal year 2004.
- -Bureau of Senior Services-
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2004 Org 0508
Local Programs Service Delivery Costs 200 $ 2,475,250
In-Home Services for Senior Citizens 224 1,000,000
Nutrition Services for the Elderly 337 1,000,000
Senior Citizen Centers and Programs (R) 462 3,900,000
Direct Services 481 2,800,000
Transfer to Division of Human Services
for Health Care and Title XIX Waiver
for Senior Citizens 539 13,000,000
Senior Services Medicaid Transfer 871 10,300,000
Legislative Initiatives
for the Elderly 904 3,700,000
Long Term Care Ombudsmen 905 ________96,000
Total $ 38,271,250
Any unexpended balances remaining in the appropriations for Senior Citizen Centers and
Programs (fund 5405, activity 462), and Holly Grove Mansion Restoration (fund 5405, activity
685) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Transfer to Division of Human Services for Health Care and
Title XIX Waiver for Senior Citizens along with the federal moneys generated thereby shall be
used for reimbursement for services provided under the program. Further, the program shall be
preserved within the aggregate of these funds.
- -Higher Education Policy Commission-
Lottery Education-
Higher Education Policy Commission-
Control Account
(WV Code Chapters 18B and 18C)
Fund 4925 FY 2004 Org 0441
Unclassified (R) 099 $ 3,000,000
Higher Education Grant Program (R) 164 18,000,000
Tuition Contract Program (R) 165 749,561
Minority Doctoral Fellowship (R) 166 150,000
Underwood - Smith Scholarship
Program-Student Awards (R) 167 150,000
School of Osteopathic Medicine (R) 172 6,618,138
School of Osteopathic Medicine BRIM
Subsidy (R) 403 90,249
Rural Health Initiative - Medical Schools
Support (R) 581 522,923
Vice Chancellor for Health Sciences -
Rural Health Initiative Program and
Site Support (R) 595 868,000
Health Sciences Scholarship (R) 176 148,500
Higher Education-Special Projects (R) 488 1,901,808
MA Public Health Program and
Health Science Technology (R) 623 65,379
HEAPS Grant Program (R) 867 3,000,000
WV Engineering, Science, and
Technology Scholarship Program (R) 868 500,000
Health Sciences Career
Opportunities Program (R) 869 65,898
HSTA Program (R) 870 ________1,017,341
Total $_________36,847,797
Any unexpended balances remaining in the appropriations at the close of fiscal year 2003
are hereby reappropriated for expenditure during the fiscal year 2004.
Included in the appropriation for Higher Education - Special Projects is $1,400,000 for the
WVU-Health Sciences Eastern Rural Health Initiative and $561,808 for the Fairmont State
College E-Learning Clusters and Services.
Total TITLE II, Section 4-
Lottery Revenue $ _______171,050,139
_____________Sec. 5. Appropriations from state excess lottery revenue fund.- In accordance with
section eighteen-a, article twenty-two, chapter twenty nine of the code, the following
appropriations shall be deposited and disbursed by the director of the lottery to the following
accounts in this section in the amounts indicated.
- -Lottery Commission-
General Purpose Account
Fund 7206 FY 2004 Org 0705
____________________________________________________Activity Funds
Unclassified-Total-Transfer 402 $ 65,000,000
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to
the General Revenue Fund as determined by the director of the lottery.
- -Economic Development Authority-
Economic Development Project Fund
Fund 3167 FY 2004 Org 0307
Debt Service-Total 310 $ 19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two, chapter twenty-nine of the
code, excess lottery revenues are authorized to be transferred to the lottery fund as
reimbursement of amounts transferred to the economic development project fund pursuant to
section four of this title and subsection (f), section eighteen, article twenty-two, chapter twenty-
nine of the code.
- -Education Improvement Fund
Fund 4295 FY 2004 Org 0441________________________
Unclassified-Total-Transfer (R) 402 $ 17,000,000
Any unexpended balance remaining in the appropriation at the close of fiscal year 2003 is
hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred
to the PROMISE Scholarship Fund (fund 4296, org 0441) established by section seven, article
seven, chapter eighteen-c of the code.
- -School Building Authority
Fund 3514 FY 2004 Org 0402_______________________________________________
Unclassified-Total-Transfer (R) 402 $ 20,000,000
Any unexpended balance remaining in the appropriation at the close of fiscal year 2003 is
hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to
the School Building Debt Service Fund (fund 3515, org 0402) established by section six, article
nine-d, chapter eighteen of the code.
- -West Virginia Infrastructure Council
Fund 3390 FY 2004 Org 0316
Unclassified-Total-Transfer (R) 402 $ 40,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Unclassified-Total-Transfer(activity 402) shall be transferred to
the West Virginia Infrastructure Fund (fund 3384, org 0316) created by section nine, article
fifteen-a, chapter thirty-one of the code.
- -Higher Education Improvement Fund
Fund 4297 FY 2004 Org 0441
Unclassified-Total (R) 096 $ 10,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
- -State Park Improvement Fund
Fund 3277 FY 2004 Org 0310
Unclassified-Total (R) 096 $ 5,000,000
Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003
is hereby reappropriated for expenditure during the fiscal year 2004.
- -Lottery Commission-
Refundable Credit
Fund 7207 FY 2004 Org 0705
Unclassified-Total-Transfer 402 $ 10,000,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred
to the General Revenue Fund to provide reimbursement for the refundable credit allowable under
chapter eleven, article twenty-two, 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 commissioners request.
- -Lottery Commission-
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2004 Org 0705
Unclassified-Total-Transfer 402 $ ________61,800,000
The above appropriation for Unclassified-Total-Transfer (activity 402) shall be transferred
to the General Revenue Fund only after all funding required by chapter twenty-nine, article
twenty-two, section eighteen-a of the code has been satisfied as determined by the director of the
lottery.
- -Joint Expenses
(WV Code Chapter 4)
Fund 1735 FY 2004 Org 2300
Any unexpended balance remaining in the appropriation at the close of fiscal year 2003 is
hereby reappropriated for expenditure during the fiscal year 2004.
The above appropriation for Tax Reduction and Federal Funding Increased Compliance
(TRAFFIC)-Total (fund 0175, activity 620) is intended for possible general state tax reductions
or the offsetting of any reductions in federal funding for state programs. It is not intended as a
general appropriation for expenditure by the Legislature.
Total TITLE II, Section 5-Excess
Lottery Funds $ ________247,800,000
_____________Sec. 6. Appropriations of federal funds.-In accordance with article eleven, chapter four of
the code, from federal funds there are hereby appropriated conditionally upon the fulfillment of
the provisions set forth in article two, chapter five-a of the code the following amounts, as
itemized, for expenditure during the fiscal year two thousand four.
LEGISLATIVE
- -Crime Victims Compensation Fund
(WV Code Chapter 14)
Fund 8738 FY 2004 Org 2300
_______________________________________________________________ Federal
Activity Funds
Unclassified-Total 096 $ 1,200,715
EXECUTIVE
- -Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 8792 FY 2004 Org 0100
Unclassified-Total 096 $ 450,000
- -Governor's Office-
Office of Economic Opportunity
(WV Code Chapter 5)
Fund 8797 FY 2004 Org 0100
Unclassified-Total 096 $ 4,811,976
- -Governor's Office-
Commission for National and Community Service
(WV Code Chapter 5)
Fund 8800 FY 2004 Org 0100
Unclassified-Total 096 $ 5,431,517
- -Auditor's Office
-
National White Collar Crime Center
(WV Code Chapter 12)
Fund 8807 FY 2004 Org 1200
Unclassified-Total 096 $ 14,000,942
- -Department of Agriculture
(WV Code Chapter 19)
Fund 8736 FY 2004 Org 1400
Unclassified-Total 096 $ 4,246,459
- -Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 8737 FY 2004 Org 1400
Unclassified-Total 096 $ 818,829
- -Department of Agriculture-
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2004 Org 1400
Unclassified-Total 096 $ 341,174
- -Secretary of State-
(WV Code Chapter 3)
Fund 8854 FY 2004 Org 1600
Unclassified-Total 096 $ 19,500,000
DEPARTMENT OF ADMINISTRATION
- -West Virginia Prosecuting Attorney's Institute
(WV Code Chapter 7)
Fund 8834 FY 2004 Org 0228
Unclassified-Total 096 $ 199,468
-Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2004 Org 0230
Unclassified-Total 096 $ 33,648,118
DEPARTMENT OF EDUCATION
- -State Department of Education
(WV Code Chapters 18 and 18A)
Fund 8712 FY 2004 Org 0402
Unclassified-Total 096 $ 40,000,000
- -State Department of Education-
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 8713 FY 2004 Org 0402
Unclassified-Total 096 $ 85,000,000
- -State Board of Education-
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 8714 FY 2004 Org 0402
Unclassified-Total 096 $ 21,000,000
- -State Department of Education-
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 8715 FY 2004 Org 0402
Unclassified-Total 096 $ 75,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
- -Department of Education and the Arts-
Office of the Secretary
(WV Code Chapter 5F)
Fund 8841 FY 2004 Org 0431
Unclassified-Total 096 $ 7,402,293
- -Division of Culture and History
(WV Code Chapter 29)
Fund 8718 FY 2004 Org 0432
Unclassified-Total 096 $ 2,065,200
- -Library Commission
(WV Code Chapter 10)
Fund 8720 FY 2004 Org 0433
Unclassified-Total 096 $ 1,932,637
- -Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2004 Org 0439
Unclassified-Total 096 $ 1,000,000
- -State Board of Rehabilitation-
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 8734 FY 2004 Org 0932
Unclassified-Total 096 $ 46,323,075
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
- -Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2004 Org 0506
Unclassified-Total 096 $ 7,308,797
- -Division of Health-
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2004 Org 0506
Unclassified-Total 096 $ 63,692,425
- -Division of Health-
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2004 Org 0506
Unclassified-Total 096 $ 16,000,000
- -West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2004 Org 0507
Unclassified-Total 096 $ 450,000
- -Human Rights Commission
(WV Code Chapter 5)
Fund 8725 FY 2004 Org 0510
Unclassified-Total 096 $ 510,467
- -Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 8722 FY 2004 Org 0511
Unclassified-Total 096 $ 1,771,108,058
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
- -Adjutant General-State Militia
(WV Code Chapter 15)
Fund 8726 FY 2004 Org 0603
Unclassified-Total 096 $ 57,396,445
- -Office of Emergency Services
(WV Code Chapter 15)
Fund 8727 FY 2004 Org 0606
Unclassified-Total 096 $ 8,693,164
- -Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2004 Org 0608
Unclassified-Total 096 $ 650,000
- -West Virginia State Police
(WV Code Chapter 15)
Fund 8741 FY 2004 Org 0612
Unclassified-Total 096 $ 1,070,309
- -Division of Veterans' Affairs-
Veterans' Home
(WV Code Chapter 9A)
Fund 8728 FY 2004 Org 0618
Unclassified-Total 096 $ 1,203,780
- -Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 8803 FY 2004 Org 0620
Unclassified-Total 096 $ 12,147,834
- -Division of Juvenile Services
(WV Code Chapter 49)
Fund 8855 FY 2004 Org 0621
Unclassified-Total 096 $ 331,000
DEPARTMENT OF TAX AND REVENUE
- -Tax Division
(WV Code Chapter 11)
Fund 7069 FY 2004 Org 0702
Unclassified-Total 096 $ 25,000
DEPARTMENT OF TRANSPORTATION
- -Division of Motor Vehicles
(WV Code Chapter 17B)
Fund 8787 FY 2004 Org 0802
Unclassified-Total 096 $ 9,819,900
- -Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2004 Org 0805
Unclassified-Total 096 $ 11,602,638
- -Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2004 Org 0806
Unclassified-Total 096 $ 2,395,000
- -Aeronautics Commission
(WV Code Chapter 29)
Fund 8831 FY 2004 Org 0807
Unclassified-Total 096 $ 196,875
BUREAU OF COMMERCE
- -Division of Forestry
(WV Code Chapter 19)
Fund 8703 FY 2004 Org 0305
Unclassified-Total 096 $ 1,507,485
- -Geological and Economic Survey
(WV Code Chapter 29)
Fund 8704 FY 2004 Org 0306
Unclassified-Total 096 $ 386,000
- -West Virginia
Development Office
(WV Code Chapter 5B)
Fund 8705 FY 2004 Org 0307
Unclassified-Total 096 $ 9,595,134
- -Division of Labor
(WV Code Chapters 21 and 47)
Fund 8706 FY 2004 Org 0308
Unclassified-Total 096 $ 540,822
- -Division of Natural Resources
(WV Code Chapter 20)
Fund 8707 FY 2004 Org 0310
Unclassified-Total 096 $ 8,629,568
- -Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)
Fund 8709 FY 2004 Org 0314
Unclassified-Total 096 $ 590,765
BUREAU OF EMPLOYMENT PROGRAMS
- -Bureau of Employment Programs
(WV Code Chapter 21A)
Fund 8835 FY 2004 Org 0323
Unclassified 099 $ 512,657
Reed Act 2002 - Unemployment Compensation. 622 2,374,000
Reed Act 2002 - Employment Services. . . . 630 1,371,000
Total. . . . . . . . . . . . . . . . . $ 4,257,657
Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as
amended, and the provisions of section nine, article nine, chapter twenty-one-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, the above appropriation to
Unclassified shall be used by the bureau of employment programs for the specific purpose of
administration of the state's unemployment insurance program or job service activities, subject to
each and every restriction, limitation or obligation imposed on the use of the funds by those
federal and state statutes.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
- -Division of Environmental Protection
(WV Code Chapter 22)
Fund 8708 FY 2004 Org 0313
Unclassified-Total 096 $ 98,015,470
BUREAU OF SENIOR SERVICES
- -Bureau of Senior Services
(WV Code Chapter 29)
Fund 8724 FY 2004 Org 0508
Unclassified-Total 096 $ 14,249,100
MISCELLANEOUS BOARDS AND COMMISSIONS
- -Public Service Commission-
Motor Carrier Division
(WV Code Chapter 24A)
Fund 8743 FY 2004 Org 0926
Unclassified-Total 096 $ 1,514,718
- -Public Service Commission-
Gas Pipeline Division
(WV Code Chapter 24B)
Fund 8744 FY 2004 Org 0926
Unclassified-Total 096 $ ________270,918
Total TITLE II, Section 6-
Federal Funds $ ________2,468,535,879
Sec. 7. Appropriations from federal block grants.-The following items are hereby appropriated
from federal block grants to be available for expenditure during the fiscal year 2004.
- -Governor's Office-
Office of Economic Opportunity
Fund 8799 FY 2004 Org 0100
Unclassified-Total 096 $ 12,734,724
- -West Virginia Development Office-
Community Development
Fund 8746 FY 2004 Org 0307
Unclassified-Total 096 $ 28,330,852
- -West Virginia Development Office-
Workforce Investment Act
Fund 8848 FY 2004 Org 0307
Unclassified-Total 096 $ 55,369,286
- -State Department of Education-
Education Grant
Fund 8748 FY 2004 Org 0402
Unclassified-Total 096 $ 130,000,000
- -Division of Health-
Maternal and Child Health
Fund 8750 FY 2004 Org 0506
Unclassified-Total 096 $ 10,878,891
- -Division of Health-
Preventive Health
Fund 8753 FY 2004 Org 0506
Unclassified-Total 096 $ 2,237,034
- -Division of Health-
Substance Abuse Prevention and Treatment
Fund 8793 FY 2004 Org 0506
Unclassified-Total 096 $ 11,557,304
- -Division of Health-
Community Mental Health Services
Fund 8794 FY 2004 Org 0506
Unclassified-Total 096 $ 3,314,733
- -Division of Health-
Abstinence Education Program
Fund 8825 FY 2004 Org 0506
Unclassified-Total 096 $ 976,837
- -Division of Human Services-
Energy Assistance
Fund 8755 FY 2004 Org 0511
Unclassified-Total 096 $ 21,100,942
- -Division of Human Services-
Social Services
Fund 8757 FY 2004 Org 0511
Unclassified-Total 096 $ 15,346,237
- -Division of Human Services-
Temporary Assistance Needy Families
Fund 8816 FY 2004 Org 0511
Unclassified-Total 096 $ 175,000,000
- -Division of Human Services-
Child Care and Development
Fund 8817 FY 2004 Org 0511
Unclassified-Total 096 $ 38,080,000
- -Division of Criminal Justice Services-
Juvenile Accountability Incentive
Fund 8829 FY 2004 Org 0620
Unclassified-Total 096 $ 1,800,000
- -Division of Criminal Justice Services-
Local Law Enforcement
Fund 8833 FY 2004 Org 0620
Unclassified-Total 096 $ ________621,280
Total TITLE II, Section 7-
Federal Block Grants $ ________507,348,120
Sec. 8. Awards for claims against the state.-There are hereby appropriated for fiscal year
2004, from the fund as designated, in the amounts as specified, general revenue funds in the amount
of $7,095,097, special revenue fund in the amount of $902,865, state road funds in the amount of
$700,257, and federal funds in the amount of $4,148 for payment of claims against the state.
The total general revenue funds above do not include payment for claims in the amount of
$937.34 from the supreme court - general judicial, fund 0180, specifically made payable from the
appropriation for the current fiscal year 2003.
Sec. 9. Appropriations from surplus accrued. - The following items are hereby appropriated
from the state fund, general revenue, and are to be available for expenditure during the fiscal year
2004 out of surplus funds only, accrued from the fiscal year ending the thirtieth day of June, two
thousand three, subject to the terms and conditions set forth in this section.
It is the intent and mandate of the Legislature that the following appropriations be payable only
from surplus accrued as of the thirty-first day of July, two thousand three from the fiscal year ending
the thirtieth day of June two thousand three.
In the event that surplus revenues available on the thirty-first day of July, two thousand three,
are not sufficient to meet all the appropriations made pursuant to this section, then the appropriations
shall be made to the extent that surplus funds are available as of the date mandated and shall be
allocated first to provide the necessary funds to meet the first appropriation of this section; next, to
provide the funds necessary for the second appropriation of this section.
- -Consolidated Medical Services Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Institutional Facilities
Operations-Surplus 632 $ 0
The above appropriation for Institutional Facilities Operations-Surplus shall be expended only to the extent necessary to offset any shortfall in the Department of Health and Human Resources-
Division of Health-Tobacco Settlement Expenditure Fund (fund 5124, fiscal year 2004, org 0506)
as determined by the Secretary of the Department of Administration.
- -Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Capitol Complex-Capital Outlay-Surplus 526 $ 0
309-Department of Agriculture-
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Soil Conservation Projects-Surplus 269 $ 500,000
310-Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Homeland Security Grant Match-Surplus 957 $ 250,000
Total TITLE II, Section 9-Surplus Accrued $
________750,000
Sec. 10. Special revenue appropriations.-There are hereby appropriated for expenditure during
the fiscal year two thousand four appropriations made by general law from special revenue which
are not paid into the state fund as general revenue under the provisions of section two, article two,
chapter twelve of the code: Provided, That none of the money so appropriated by this section shall
be available for expenditure except in compliance with and in conformity to the provisions of articles
two and three, chapter twelve and article two, chapter five-a of the code, with due consideration to
the digest of legislative intent of the budget bill prepared pursuant to article one, chapter four, unless
the spending unit has filed with the director of the budget and the legislative auditor prior to the
beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues accruing to such fund;
(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
Sec. 11. State improvement fund appropriations.-Bequests or donations of nonpublic funds,
received by the governor on behalf of the state during the fiscal year two thousand four, 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 four
to be expended as authorized by the governor, for such studies and recommendations which may
encompass any problems of organization, procedures, systems, functions, powers or duties of a state
spending unit in the executive branch, or the betterment of the economic, social, educational, health
and general welfare of the state or its citizens.
Sec. 12. Specific funds and collection accounts.-A fund or collection account which by law
is dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to the provisions of article
three, chapter twelve of the code.
Sec. 13. Appropriations for refunding erroneous payment.-Money that has been erroneously
paid into the state treasury is hereby appropriated out of the fund into which it was paid, for refund
to the proper person.
When the officer authorized by law to collect money for the state finds that a sum has been
erroneously paid, he or she shall issue his or her requisition upon the auditor for the refunding of the
proper amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay
the warrant out of the fund into which the amount was originally paid.
Sec. 14. Sinking fund deficiencies.-There is hereby appropriated to the governor a sufficient
amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the
West Virginia housing development fund which is under the supervision and control of the
municipal bond commission as provided by section twenty-b, article eighteen, chapter thirty-one of
the code, or in the funds of the municipal bond commission because of the failure of any state agency
for either general obligation or revenue bonds or any local taxing district for general obligation bonds to remit funds necessary for the payment of interest and sinking fund requirements. The
governor is authorized to transfer from time to time such amounts to the municipal bond commission
as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West Virginia through the
governor from the first remittance collected from the West Virginia housing development fund or
from any state agency or local taxing district for which the governor advanced funds, with interest
at the rate carried by the bonds for security or payment of which the advance was made.
Sec. 15. Appropriations for local governments.-There are hereby appropriated for payment
to counties, districts and municipal corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.
Sec. 16. Total appropriations.-Where only a total sum is appropriated to a spending unit, the
total sum shall include personal services, annual increment, employee benefits, current expenses,
repairs and alterations, equipment and capital outlay, where not otherwise specifically provided and
except as otherwise provided in TITLE I-GENERAL PROVISIONS, Sec. 3.
Sec. 17. General school fund.-The balance of the proceeds of the general school fund
remaining after the payment of the appropriations made by this act is appropriated for expenditure
in accordance with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III-ADMINISTRATION.
Section 1. Appropriations conditional.-The expenditure of the appropriations made by this
act, except those appropriations made to the legislative and judicial branches of the state
government, are conditioned upon the compliance by the spending unit with the requirements of
article two, chapter five-a of the code.
Where spending units or parts of spending units have been absorbed by or combined with other
spending units, it is the intent of this act that reappropriations shall be to the succeeding or later spending unit created, unless otherwise indicated.
Sec. 2. Legislative intent.-It is the intent of the Legislature that the duly appointed members
of the conference committee on this bill may formulate and set forth in a budget digest
recommendations for the expenditure of money appropriated by this bill after its enactment. It is the
further intent of the Legislature that the recommendations set forth in the budget digest are an
expression of legislative intent, do not have the force and effect of law, and may not be construed
to alter the lawful enactment of this bill.
Sec. 3. Constitutionality.-If any part of this act is declared unconstitutional by a court of
competent jurisdiction, its decision shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion declared unconstitutional had
never been a part of the act.
Respectfully submitted by,
Harold K. Michael, Walt Helmick,
John Doyle, William R. Sharpe, jr.,
Jerry Mezzatesta, Robert H. Plymale,
Margaret Leach, Roman Prezioso,
Barbara Warner, Sarah Minear,
Mike Hall. Karen L. Facemyer.
Conferees on the part of the House Conferees on the part of the Senate.
of Delegates.
On motion of Delegate Michael, the report of the Committee of Conference on Com. Sub.
for H. B. 2050 was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 709), and there were--yeas
92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Louisos, Overington and Walters.
Absent And Not Voting: Cann, Coleman and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2050) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 710), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman and Schadler.
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. 2050) 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.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that, upon reconsideration, the Senate had amended and
again passed, in an effort to meet the objections of the Governor, and requested the concurrence of
the House of Delegates in the same, as to
Enrolled Com. Sub. for S. B. 178, Relating to subject matter jurisdiction in family courts.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 178.
The purpose of Enrolled Committee Substitute for Senate Bill No. 178 is to clarify the
process relating to name change process in the family court system. Regrettably, I must object to
this bill in its present form because its proposed enacting section does not reflect the amendments
made to section one hundred one, article twenty-five, chapter forty-eight of the code. A reasonable
person would not be able to discern the amendments to that section without reading the entire text
of the bill. Accordingly, as the enacting section is inconsistent with the substance of the bill, I find
the bill to be constitutionally defective. For this reason alone, I must veto this legislation.
Notwithstanding this action, and because the Legislature is presently in extended session, I
urge it to take up the bill again, amend its enacting section and then return the bill to my desk for
approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 amendment was then reported by the Clerk:
On page one, by amending the enacting section to read as follows:
"That section one hundred one, article twenty-five, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that
section two, article two-a, chapter fifty-one of said code be amended and reenacted, all to read as
follows" followed by a colon.
On motion of Delegate Staton, the House of Delegates then concurred in the Senate
amendment.
The Speaker propounded, "Shall the bill now pass, as amended, in an effort to meet the
objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 711), and there were--yeas 97, nays
none, absent and not voting 3, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin,
Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann, Coleman and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 178) 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 that, upon reconsideration, the Senate had amended and
again passed, in an effort to meet the objections of the Governor, and requested the concurrence of
the House of Delegates in the same, as to
Enrolled S. B. 352, Relating to jobs act.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Senate Bill No. 352, commonly known as the West Virginia
Jobs Act.
The purpose of Enrolled Senate Bill No. 352 is to extend the applicability of the Jobs Act for
an additional three years, a goal I strongly support. Regrettably, I must object to this bill in its
present form because its proposed title does not reflect the amendments made to article one-c,
chapter twenty-one of the code. A reasonable person would not be able to discern the amendments
to that article without reading the entire text of the bill. Accordingly, I find the title inconsistent with
the substance of the bill so as to render the bill constitutionally defective. For this reason alone, I
must veto this legislation.
Notwithstanding this action, and because the Legislature is presently in extended session, I
urge it to take up the bill again, amend its title and then return the bill to my desk for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 amendment was then reported by the Clerk:
On page one, by amending the title of the bill to read as follows:
Enrolled S. B. 352 - "An Act to amend and reenact sections two, three, four, five and seven,
article one-c, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to the West Virginia jobs act; defining terms; revising legislative findings;
removing six-month residency requirement; requiring reporting to the joint committee on
government and finance; changing reporting dates; and changing the effective date."
On motion of Delegate Staton, the House of Delegates then concurred in the Senate
amendment.
The Speaker propounded, "Shall the bill now pass, as amended, in an effort to meet the
objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 712), and there were--yeas 94, nays
2, absent and not voting 4, with the nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury, Caputo,
Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell,
Fleischauer, Foster, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay,
Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin,
Mezzatesta, Michael, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot,
Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple,
Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker,
Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright, Yeager
and Yost.
Nays: Frederick and Overington.
Absent And Not Voting: Beach, Cann, Coleman and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. S. B. 352) passed, as a result of the objections of the
Governor.
Delegate Staton moved that the bill take effect March 16, 2003.
On this question, the yeas and nays were taken (Roll No. 713), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Coleman and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. S. B. 352) takes effect March 16, 2003.
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, upon reconsideration, the Senate had amended and
again passed, in an effort to meet the objections of the Governor, and requested the concurrence of
the House of Delegates in the same, as to
Enrolled Com. Sub. for S. B. 522, Relating to public education generally; improving
governance; faculty senate meetings; other provisions.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 15, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 522.
Enrolled Committee Substitute for Senate Bill No. 522 relates generally to certain practices
of county boards of education. I object to this bill in its present form at the request of the Legislature
because of certain procedural errors.
Notwithstanding this action, and because the Legislature is presently in extended session, I
urge it to take up the bill again, correct those errors and then return the bill to my desk for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 two, following the enacting section, by inserting the following:
"ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR EDUCATION.
§18-1-1. Definitions.
The following words used in this chapter and in any proceedings pursuant thereto shall,
unless the context clearly indicates a different meaning, be construed as follows:
(a) 'School' means the pupils and teacher or teachers assembled in one or more buildings,
organized as a unit;
(b) 'District' means county school district;
(c) 'State board' means the West Virginia board of education;
(d) 'Board' 'County board' or 'board' means the county board of education;
(e) 'State superintendent' means the state superintendent of free schools;
(f) 'Superintendent' 'County superintendent' or 'superintendent' means the county
superintendent of schools;
(g) 'Teacher' means teacher, supervisor, principal, superintendent or public school librarian;
registered professional nurse, licensed by the West Virginia board of examiners for registered
professional nurses and employed by a county board of education, who has a baccalaureate degree;
or any other person regularly employed for instructional purposes in a public school in this state;
(h) 'Service personnel' means all nonteaching school employees not included in the above
definition of 'teacher';
(i) 'Social worker' means a nonteaching school employee who, at a minimum, possesses an
undergraduate degree in social work from an accredited institution of higher learning and who
provides various professional social work services, activities or methods as defined by the state
board for the benefit of students;
(j) 'Regular full-time employee' means any person employed by a county board of education
who has a regular position or job throughout his or her employment term, without regard to hours
or method of pay;
(k) 'Career clusters' means broad groupings of related occupations;
(l) 'Work-based learning' means a structured activity that correlates with and is mutually
supportive of the school-based learning of the student and includes specific objectives to be learned
by the student as a result of the activity;
(m) 'School-age juvenile' means any individual who is entitled to attend or who, if not placed
in a residential facility, would be entitled to attend public schools in accordance with: (1) Section
five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3)
section one, article twenty of this chapter;
(n) 'Student with a disability' means an exceptional child, other than gifted, pursuant to
section one, article twenty of this chapter;
(o) 'Low density county' means a county whose ratio of student population to square miles
is less than or equal to the state average ratio as computed by the state department of education;
(p) 'High density county' means a county whose ratio of student population to square miles
is greater than the state average ratio as computed by the state department of education; and
(q) 'Casual deficit' means a deficit of not more than three percent of the approved levy
estimate or a deficit that is nonrecurring from year to year.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-4. Organization; appointment, compensation and duties of secretary.
At its first regular meeting in every year the state board shall elect one of its members as
president, who shall not succeed himself as president may serve an unlimited number of terms, but
no more than two consecutive terms, and one as vice president of the board. The state
superintendent shall be the chief executive officer of the state board and, subject to its direction, shall
execute its policies.
The state board shall appoint a secretary and fix his the secretary's salary to be paid out of
the general school fund upon warrants drawn by the state superintendent. The secretary shall keep
a record of the proceedings of the state board and shall perform such other duties as it may prescribe.
§18-2-5g. Duty to receive and submit summary of policy modifications and annual reports.
In addition to filing each policy as required by section fourteen, article five of this chapter,
the state board shall require each county board to provide a summary of any modifications to the
policies and copies of annual reports developed pursuant to section fourteen, article five of this
chapter. The state board shall submit copies of these summaries of modifications to the policies and
annual reports, together with any comments and recommendations, to the legislative oversight
commission on education accountability, no later than the thirty-first day of December of each year.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for high quality basic skills development and remediation in all public
schools.
(a) The Legislature finds that teachers must be provided the support, assistance and teaching tools necessary to meet individual student instructional needs on a daily basis in a classroom of
students who differ in learning styles, learning rates and in motivation to learn. The Legislature
further finds that attaining a solid foundation in the basic skills of reading, composition and
arithmetic is essential for advancement in higher education, occupational and avocational pursuits
and that computers are an effective tool for the teacher in corrective, remedial and enrichment
activities. Therefore, the state board shall develop a plan which specifies the resources to be used
to provide services to students in the earliest grade level and moving upward as resources become
available based on a plan developed by each individual school team.
This plan must provide for standardization of computer hardware and software, and for
technology upgrade and replacement, for the purposes of achieving economies of scale, facilitating
teacher training, permitting the comparison of achievement of students in schools and counties
utilizing the hardware and software, and facilitating the repair of equipment and ensuring appropriate
utilization of the hardware and software purchased for remediation and basic skills development.
The state board shall determine the computer hardware and software specifications after input
from practicing teachers at the appropriate grade levels and with the assistance of education
computer experts and the curriculum technology resource center.
Computer hardware and software shall be purchased either directly or through a lease-
purchase arrangement pursuant to the provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated: Provided, That, with the approval of the
state board, the revenues appropriated may be expended directly or through contractual agreements
with county boards and regional education service agencies for materials and other costs associated
with installation, set-up, internet hook-up and wiring of the computer hardware and software:
Provided, however, That nothing in this section shall be construed to require any specific level of
funding by the Legislature.
The state board shall develop and provide through the state curriculum technology resource
center a program to ensure adequate teacher training, continuous teacher support and updates.
To the extent practicable, such technology shall be utilized to enhance student access to learning tools and resources outside of the normal school day, such as: Before and after school; in
the evenings, on weekends and during vacations; and for student use for homework, remedial work,
independent learning and career planning and adult basic education.
(b) The Legislature finds that the continued implementation of computer utilization under
this section for high quality basic skills development and remediation in the middle schools, junior
high schools and high schools is necessary to meet the goal that high school graduates will be
prepared fully for college, other post-secondary education or gainful employment. Further, such
implementation should provide a technology infrastructure at the middle schools, junior high schools
and high schools that has multiple applications in enabling students to achieve at higher academic
levels. The technology infrastructure should facilitate student development in the following areas:
(1) Attaining basic computer skills such as word processing, spreadsheets, data bases, internet
usage, telecommunications and graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations through simulated workplace
programs;
(4) Understanding the modern workplace environment, particularly in remote areas of the
state, by bringing the workplace to the school;
(5) Making informed career decisions based upon information on labor markets and the skills
required for success in various occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and other post-secondary education
opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and information to make a smooth transition
from high school to college, other post-secondary education or gainful employment.
Therefore, the state board shall extend the plan as set forth in subsection (a) of this section,
and consistent with the terms and conditions in said subsection, to address the findings of this
subsection regarding the continued implementation of computer hardware and software, and technical planning support in the middle schools, junior high schools and high schools of the state.
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence;
evaluation.
There shall be appointed by the state board a state superintendent of schools who shall serve
at the will and pleasure of the state board. He or she shall be a person of good moral character, of
recognized ability as a school administrator, holding at least a master's degree in educational
administration, and shall have had not less than five years of experience in public school work. He
or she shall receive an annual salary set by the state board, to be paid monthly: Provided, That the
annual salary may not exceed one hundred forty-six thousand one hundred dollars. The state
superintendent shall also shall receive necessary traveling expenses incident to the performance of
his or her duties the traveling expenses to be paid out of the general school fund upon warrants of
the state auditor. The state superintendent shall have his or her office at the state capital capitol. The
state board shall report to the legislative oversight commission on education accountability upon
request concerning its progress during any hiring process for a state superintendent.
The state board annually shall evaluate the performance of the state superintendent and
publicly announce the results of the evaluation.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be elected appointed by the board upon a majority vote
of the members thereof to serve for a term of not less than one, nor more than four years. At the
expiration of the term or terms for which he or she shall have been elected appointed, each county
superintendent shall be eligible for reelection reappointment for additional terms of not less than one,
nor more than four years: Provided, That at the expiration of his or her term or terms of service he
the county superintendent may transfer to any teaching position in the county for which he or she
is qualified and has seniority, shall be given the status of teacher in the system unless dismissed for
statutory reasons. The appointment of the county superintendent shall be made Such election shall be held on or before the first day of May and the persons so elected shall take office June for a term
beginning on the first day of July following the appointment.
(b) A county superintendent who fills a vacancy caused by an incomplete term shall be
appointed to serve until the following first day of July: Provided, however, That the board may
appoint an interim county superintendent to serve for a period not to exceed one hundred twenty
days from the occurrence of the vacancy.
(c) The president of the county board, immediately upon the election appointment of the
county superintendent, or the appointment of an interim county superintendent, shall certify the
election or appointment to the state superintendent. of schools.
(d) During his or her term of appointment, the county superintendent shall be a resident of
the county, or of a contiguous county in this state, which he or she serves. The county superintendent
in office on the effective date of this section shall continue in office until the expiration of his or her
term.
§18-4-2. Qualifications; health certificate; disability; acting superintendent.
(a) Each county superintendent shall hold a professional administrative certificate endorsed
for superintendent, or a first class permit endorsed for superintendent, subject to the following:
__(1) Provided, That A superintendent who holds a first class permit may be appointed for only
one year only, and may be reappointed two times for an additional year each upon an annual
evaluation by the county board and a determination of satisfactory performance and reasonable
progress toward completion of the requirements for a professional administrative certificate endorsed
for superintendent;
(2) Provided, however, That Any candidate for superintendent who possesses an earned
doctorate from an accredited institution of higher education and either has completed three
successful years of teaching in public education and or has the equivalent of three years of
experience in management or supervision as defined by state board rule, upon employment after
employment by the county board of education, shall be granted a permanent administrative
certificate and shall be a licensed county superintendent;
(c) Upon finding that the course work needed by a superintendent who holds a first class
permit endorsed for superintendent is not available or is not scheduled in a manner at state
institutions of higher education which will enable him or her to complete the normal requirements
for a professional administrative certificate endorsed for superintendent within the three-year period
allowed for appointment and reappointment under the permit, the state board shall adopt a rule in
accordance with article three-b, chapter twenty-nine-a of this code, to enable completion of the
requirements, or comparable alternative requirements, for a professional administrative certificate
endorsed for superintendent.
(3) The state board shall promulgate a legislative rule in accordance with article three-b,
chapter twenty-nine-a of this code, to address those cases where a county board finds that course
work needed by the county superintendent who holds a first class permit is not available or is not
scheduled at state institutions of higher education in a manner which will enable the county
superintendent to complete normal requirements for a professional administrative certificate within
the three-year period allowed under the permit; and
__(4) Any person employed as assistant superintendent or educational administrator prior to
the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously
employed as superintendent is not required to hold the professional administrative certificate
endorsed for superintendent.
(b) In addition to other requirements set forth in this section, before entering upon the
discharge of his or her duties the a county superintendent shall meet the following health-related
conditions of employment:
__(1) Before entering upon the discharge of his or her duties, file with the president of the
county board a health certificate from a reputable physician, on a form prescribed by the state
department of education, certifying that he or she is physically fit for the duties of his or her office
and that he or she has no infectious or contagious disease; and if the superintendent, due to accident
or illness, becomes incapacitated to an extent that could lead to a prolonged absence, the board, upon
unanimous vote, may enter an order declaring the incapacity and it shall appoint an acting superintendent until such time as a majority of the members of the board determine that the
incapacity no longer exists. However, an acting superintendent shall not serve as such for more than
one year, or later than the expiration date of the superintendent's term, whichever is less, without
being reappointed by the board of education licensed physician certifying the following:
__(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the director
of the department of health, has been made within four months prior to the beginning of the term of
the county superintendent; and
__(B) The county superintendent does not have tuberculosis in a communicable state based
upon the test results and any further study;
__(2) After completion of the initial test, the county superintendent shall have an approved
tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors
to the skin test are to be referred immediately to a physician for evaluation and indicated treatment
or further studies;
__(3) A county superintendent who is certified by a licensed physician to have tuberculosis in
a communicable stage shall have his or her employment discontinued or suspended until the disease
has been arrested and is no longer communicable; and
__(4) A county superintendent who fails to complete required follow-up examinations as set
forth in this subsection shall be suspended from employment until a report of examination is
confirmed.
§18-4-6. Evaluation of county superintendent.
(a) At least annually, the county board shall evaluate the performance of the county
superintendent. The evaluation process to be used shall be one authorized by the state board. The
West Virginia school board association shall maintain a catalog of evaluation instruments which
comply with this section and shall make them available to county boards.
(b) At a minimum, the evaluation process shall require the county superintendent and county
board to establish written goals or objectives for the county superintendent to accomplish within a
given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it
relates to the management and administration of low performing schools.
(c) The evaluation also may cover the performance of a county superintendent in the areas
of community relations, school finance, personnel relations, curricular standards and programs, and
overall leadership of the school district as indicated primarily by improvements in student
achievement, testing and assessment.
(d) The evaluation of a county superintendent shall occur in executive session. At the
conclusion of the evaluation, the county board shall make available to the public a general statement
about the evaluation process and the overall result. Additional information about the evaluation may
be released only by mutual consent of the county superintendent and the county board. The county
board may use the evaluation results to determine:
(1) Whether to extend the contract of the county superintendent;
(2) Whether to offer the county superintendent a new contract; and
(3) The level of compensation or benefits to offer the county superintendent in any new or
extended contract.
§18-4-10. Duties of county superintendent.
The county superintendent shall:
(1) Act as the chief executive officer of the county board as may be delineated in his or her
contract or other written agreement with the county board, and, execute under the direction of the
state board, execute all its educational education policies;
(2) Nominate all personnel to be employed; in case the county board of education refuses to
employ any or all of the persons nominated, the county superintendent shall nominate others and
submit the same to the county board of education at such a time as the county board may direct. but
No such person or persons shall be employed except on the nomination of the county superintendent;
(3) Assign, transfer, suspend or promote teachers and all other school employees of the
district, subject only to the approval of the county board, and to recommend to the county board their
dismissal pursuant to the provisions of this chapter;
(4) Organize and attend district institutes; organize and direct reading circles and boys' and
girls' clubs Report promptly to the county board in such manner as it directs whenever any school
in the district appears to be failing to meet the standards for improving education established
pursuant to section five, article two-e of this chapter;
(5) Close temporarily a school temporarily when conditions are detrimental to the health,
safety or welfare of the pupils;
(6) Certify all expenditures and monthly payrolls of teachers and employees;
(7) Be Serve as the secretary of the county board and attend all meetings of the county board
or its committees, except when his the tenure, salary or administration of the county superintendent
is under consideration;
(8) Administer oaths and examine under oath witnesses under oath in any proceedings
pertaining to the schools of the district, and have the testimony reduced to writing;
(9) Keep the county board apprized continuously of any issues that affect the county board
or its schools, programs and initiatives. The county superintendent shall report to the county board
on these issues using any appropriate means agreeable to both parties. When practicable, the reports
shall be fashioned to include a broad array of data and information that the county board may consult
to aid in making decisions;
__(9) (10) Exercise all other authority granted by this chapter or required by the county board
or state board; and
(10) (11) Act In case of emergency, act as the best interests of the school demand. Provided,
That An emergency, as contemplated in this section, shall be is limited to an unforeseeable,
catastrophic event including natural disaster or act of war Provided, however, That and nothing in
this section shall may be construed as granting the county superintendent authority to override any
statutory or constitutional provision in the exercise of said his or her emergency power except where
such authority is specifically granted in the particular code section.
§18-4-11. Other powers and duties.
The county superintendent shall:
(1) Visit the schools as often as practical practicable; observe and make suggestions
concerning the instruction and classroom management of the schools and their sanitary conditions;
(2) Report to the county board cases of incompetence, neglect of duty, immorality or
misconduct in office of any teacher or employee;
(3) Recommend for condemnation buildings unfit for school use;
(4) Direct the taking of the school census;
(5) (4) Call, at his or her discretion, conferences of principals and teachers to discuss the
work of the schools of the district;
(6) (5) Report to the county board the progress and general condition of the schools;
(7) (6) Make such reports as are required by the state superintendent. In case the county
superintendent fails to report as required, the state superintendent may direct that the salary of the
county superintendent superintendent's salary be withheld until an acceptable report is received; and
__(8) (7) Perform all other duties prescribed in this chapter or required by the county board or
the state board.;
On page five, after section one-a, by inserting the following:
§18-5-1c. Organization of board; evaluation.
(a) On the first Monday of January, following each biennial primary election, each respective
board of education shall organize and elect for a two-year term, a president from its own membership
and report same promptly to the state superintendent of schools: Provided, That on the first Monday
of January, one thousand nine hundred eighty-one, each respective board of education shall elect a
president for a term to expire the thirtieth day of June, one thousand nine hundred eighty-two:
Provided, however, That On the first Monday of July, following the each biennial primary election,
in the year one thousand nine hundred eighty-two and each biennial primary election thereafter each
respective county board of education shall organize and shall elect a president from its own
membership for a two-year term. a president from its own membership and The county board shall
report promptly to the state superintendent the name of the member elected as county board president.
same promptly to the state superintendent of schools.
(b) Annually, each county board shall assess its own performance using an instrument
approved by the state board. In developing or making determinations on approving evaluation
instruments, the state board may consult with the West Virginia school board association or other
appropriate organizations. The evaluation instrument selected shall focus on the effectiveness of the
county board in the following areas:
__(1) Dealing with its various constituency groups and with the general public;
__(2) Providing a proper framework and the governance strategies necessary to monitor and
approve student achievement on a continuing basis; and
__(3) Enhancing the effective utilization of the policy approach to governance.
__At the conclusion of the evaluation, the county board shall make available to the public a
summary of the evaluation, including areas in which the board concludes improvement is warranted.
§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of
members; affiliation with state and national associations.
(a) The county board shall meet on the first Monday of July, and upon the dates provided by
law for the laying of levies, and at any other times the county board fixes upon its records. Subject
to adequate public notice, nothing herein shall prohibit the county board from conducting regular
meetings in facilities within the county other than the county board office. At any meeting as
authorized in this section and in compliance with the provisions of article four of this chapter, the
county board may employ qualified teachers, or those who will qualify by the time of entering they
enter upon their duties, necessary to fill existing or anticipated vacancies for the current or next
ensuing school year. At a meeting of the county board, on or before the first Monday of May, the
county superintendent shall furnish in writing to the county board a list of those teachers to be
considered for transfer and subsequent assignment for the next ensuing school year. All other teachers
not listed are considered as reassigned to the positions held at the time of this meeting. The list of
those recommended for transfer shall be included in the minute record and the teachers listed shall
be notified in writing. The notice shall be delivered in writing, by certified mail, return receipt
requested, to the teachers' last-known addresses within ten days following the board meeting, of their having been recommended for transfer and subsequent assignment.
(b) Special meetings may be called by the president or any three members, but no business
may be transacted other than that designated in the call.
(c) In addition, a public hearing shall be held concerning the preliminary operating budget for
the next fiscal year not less fewer than ten days after the budget has been made available to the public
for inspection, and within a reasonable time prior to the submission of the budget to the state board
for approval. Reasonable time shall be granted at the hearing to any person who wishes to speak
regarding any part of the budget. Notice of the hearing shall be published as a Class I legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this code.
(d) A majority of the members of the county board constitutes the quorum necessary for the
transaction of official business.
(e) Board members may receive compensation at a rate not to exceed one hundred sixty
dollars per meeting attended, but they may not receive pay for more than fifty meetings in any one
fiscal year: Provided, That Board members who serve on an administrative council of a multi-county
vocational center may also may receive compensation for attending up to twelve meetings of the
council at the same rate as for meetings of the county board. Meetings of the council are not counted
as board meetings for purposes of determining the limit on compensable board meetings.
(f) Members shall also shall be paid, upon the presentation of an itemized sworn statement,
for all necessary traveling expenses, including all authorized meetings, incurred on official business,
at the order of the county board.
(g) When, by a majority vote of its members, a county board considers it a matter of public
interest, the county board may join the West Virginia school board association and the national school
board association, and may pay the dues prescribed by the associations and approved by action of the
respective county boards. Membership dues and actual traveling expenses of incurred by board
members for attending meetings of the West Virginia school board association may be paid by their
respective county boards out of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
On page six, following section seven, by adding the following:
§18-5-13. Authority of boards generally.
The boards Each county board, subject to the provisions of this chapter and the rules of the
state board, have has the authority:
(a) To control and manage all of the schools and school interests for all school activities and
upon all school property, whether owned or leased by the county, including the authority to require
that records be kept of all receipts and disbursements of all funds collected or received by any
principal, teacher, student or other person in connection with the schools and school interests, any
programs, activities or other endeavors of any nature operated or carried on by or in the name of the
school, or any organization or body directly connected with the school, to audit the records and to
conserve the funds, which shall be considered quasi-public moneys, including securing surety bonds
by expenditure of board moneys;
(b) To establish schools, from preschool through high school, inclusive of vocational schools;
and to establish schools, and programs or both, for post high school instruction, subject to approval
of the state board of education;
(c) To close any school which is unnecessary and to assign the pupils of the school to other
schools: Provided, That the closing shall be officially acted upon, and teachers and service personnel
involved notified on or before the first Monday in April, in the same manner as provided in section
four of this article, except in an emergency, subject to the approval of the state superintendent, or
under subdivision (e) of this section;
(d) To consolidate schools;
(e) To close any elementary school whose average daily attendance falls below twenty pupils
for two months in succession and send the pupils to other schools in the district or to schools in
adjoining districts. If the teachers in the closed school are not transferred or reassigned to other
schools, they shall receive one month's salary;
(f) (1) To provide at public expense adequate means of transportation, including transportation
across county lines for students whose transfer from one district to another is agreed to by both county boards as reflected in the minutes of their respective meetings, for all children of school age who live
more than two miles distance from school by the nearest available road; to provide at public expense,
and according to such rules as the board may establish, adequate means of transportation for school
children participating in county board-approved curricular and extracurricular activities; and to
provide in addition thereto at public expense, by rules and within the available revenues,
transportation for those within two miles distance; and to provide, in addition thereto, at no cost to
the county board and according to rules established by the board, transportation for participants in
projects operated, financed, sponsored or approved by the commission on aging, all subject to the
following:
(A) Provided, That all All costs and expenses incident in any way to transportation for
projects connected with the commission on aging shall be borne by the commission, or the local or
county chapter of the commission;
(B) Provided, however, That in In all cases, the school buses owned by the county board of
education shall be driven or operated only by drivers regularly employed by the county board; of
education:
(C) Provided further, That the The county board may provide, under rules established by the
state board, for the certification of professional employees as drivers of county board-owned vehicles
with a seating capacity of less than ten passengers used for the transportation of pupils for school-
sponsored activities other than transporting students between school and home. And provided further,
That the The use of the vehicles shall be limited to one for each school-sponsored activity; and
__(D) And provided further, That buses Buses shall be used for extracurricular activities as
provided in this section only when the insurance provided for by this section is in effect.
(2) To enter into agreements with one another as reflected in the minutes of their respective
meetings to provide, on a cooperative basis, adequate means of transportation across county lines for
children of school age subject to the conditions and restrictions of this subdivision subsection and
subdivision subsection (h) of this section;
(g) (1) To lease school buses operated only by drivers regularly employed by the county board to public and private nonprofit organizations or private corporations to transport school-age children
to and from camps or educational activities in accordance with rules established by the county board.
All costs and expenses incurred by or incidental to the transportation of the children shall be borne
by the lessee;
(2) To contract with any college or university or officially recognized campus organizations
to provide transportation for college or university students, faculty or staff to and from the college
or university. Provided, That only Only college and university students, faculty and staff are being
may be transported pursuant to this section. The contract shall include consideration and
compensation for bus operators, repairs and other costs of service, insurance and any rules concerning
student behavior;
(h) To provide at public expense for insurance against the negligence of the drivers of school
buses, trucks or other vehicles operated by the board; and if the transportation of pupils is contracted,
then the contract for the transportation shall provide that the contractor shall carry insurance against
negligence in an amount specified by the board;
(i) To provide solely from county board funds for all regular full-time employees of the county
board all or any part of the cost of a group plan or plans of insurance coverage not provided or
available under the West Virginia public employees insurance act;
(j) To employ teacher aides, to provide in-service training for teacher aides, the training to be
in accordance with rules of the state board and, in the case of service personnel assuming duties as
teacher aides in exceptional children programs, to provide a four-clock-hour program of training prior
to the assignment which shall, in accordance with rules of the state board, consist of training in areas
specifically related to the education of exceptional children;
(k) To establish and conduct a self-supporting dormitory for the accommodation of the pupils
attending a high school or participating in a post high school program and of persons employed to
teach in the high school or post high school program;
(l) At the board's discretion, To to employ, contract with or otherwise engage legal counsel
in lieu of utilizing the prosecuting attorney to advise, attend to, bring, prosecute or defend, as the case may be, any matters, actions, suits and proceedings in which the board is interested;
(m) To provide appropriate uniforms for school service personnel;
(n) To provide at public expense and under rules as established by any county board of
education for the payment of traveling expenses incurred by any person invited to appear to be
interviewed concerning possible employment by the county board; of education;
(o) To allow or disallow their designated employees to use publicly provided carriage to travel
from their residences to their workplace and return: Provided, That the usage is subject to the
supervision of the county board and is directly connected with and required by the nature and in the
performance of the employee's duties and responsibilities;
(p) To provide, at public expense, adequate public liability insurance, including professional
liability insurance for county board employees;
(q) To enter into agreements with one another to provide, on a cooperative basis,
improvements to the instructional needs of each county district. The cooperative agreements may be
used to employ specialists in a field of academic study or support functions or services, for the
academic study. The agreements are subject to approval by the state board; of education;
(r) To provide information about vocational or higher education opportunities to students with
handicapping conditions. The county board shall provide in writing to the students and their parents
or guardians information relating to programs of vocational education and to programs available at
state funded institutions of higher education. The information may include sources of available
funding, including grants, mentorships and loans for students who wish to attend classes at
institutions of higher education;
(s) To enter into agreements with one another, with the approval of the state board, for the
transfer and receipt of any and all funds determined to be fair when students are permitted or required
to attend school in a county district other than the county district of their residence; and
(t) To enter into job-sharing arrangements, as defined in section one, article one, chapter
eighteen-a of this code, with its professional employees, subject to the following provisions:
__(1) Provided, That a A job-sharing arrangement shall meet all the requirements relating to posting, qualifications and seniority, as provided for in article four, chapter eighteen-a of this code;
(2) Provided, however, That notwithstanding Notwithstanding any provisions of this code or
legislative rule and specifically the provisions of article fifteen sixteen, chapter five of this code to
the contrary, a county board which enters into a job-sharing arrangement wherein in which two or
more professional employees voluntarily share an authorized full-time position shall provide the
mutually agreed upon employee coverage but shall not offer insurance coverage to more than one of
the job-sharing employees, including any group plan or group plans available under the state public
employees insurance act;
(3) Each job-sharing agreement shall be in writing on a form prescribed and furnished by the
county board. The agreement shall designate specifically one employee only who is entitled to the
insurance coverage. Any employee who is not so designated is not eligible for state public employees
insurance coverage regardless of the number of hours he or she works;
__(4) provided further, That all All employees involved in the job-sharing agreement meet the
requirements of subdivision (4) (3), section two, article sixteen, chapter five of this code; and
__(5) When entering into a job-sharing agreement, the county board and the employees involved
in the job-sharing agreement shall consider issues such as retirement benefits, termination of the job-
sharing agreement and any other issue the parties to the agreement consider appropriate. Any
provision in the agreement relating to retirement benefits shall not cause any cost to be incurred by
the retirement system that is more than the cost that would be incurred if a single employee were
filling the position.
'Quasi-public funds' as used in this section means any money received by any principal,
teacher, student or other person for the benefit of the school system as a result of curricular or
noncurricular activities.
The board of each county Each county board shall expend under rules it establishes for each
child an amount not to exceed the proportion of all school funds of the district that each child would
be entitled to receive if all the funds were distributed equally among all the children of school age in
the district upon a per capita basis.
§18-5-14. Policies to promote school board effectiveness.
(a) No later than Prior to the first day of August, one thousand nine hundred ninety-four two
thousand three, each county board in this state shall adopt and may modify thereafter as necessary
and file with the state board copies of policies and summaries of policies that promote school board
effectiveness. These policies may be modified by the county board as necessary, but shall be refiled
with the state board following each modification. The policies shall address the following objectives:
__(a) (1) Establish Establishing direct links between the county board and its local school
improvement councils, and between the county board and its faculty senates, for the purpose of
enabling the county board to receive information, comments and suggestions directly from the
councils and faculty senates regarding the broad guidelines for oversight procedures, standards of
accountability and planning for future needs as required by this section. and To further development
of these linkages, each county boards board shall:
(A) Meet at least annually with the full membership a quorum of members from each of their
schools' local school improvement councils council in the district, at a time and in a manner to be
determined by the county board, except, For purposes of this provision, full membership is defined
as at least a quorum of the members of each of the school improvement councils in order to facilitate
scheduling, the county board may adopt an alternate procedure allowing it to conduct the required
annual meeting with each council in the absence of a quorum of council members if the alternate
procedure has received prior approval from the state board and if the school district serves more than
twenty thousand students or has more than twelve public schools.
Nothing herein in this section shall prohibit prohibits a county boards board from meeting
with representatives of local school improvement councils: Provided, That a local school
improvement council, but at least one annual meeting is shall be held, as specified herein in this
section.
__At any time and with reasonable advance notice, county boards may schedule additional
meetings with the council for any low performing school in the district;
__(B) At least thirty days before an annual meeting with each local school improvement council, develop and submit to the council an agenda for the annual meeting which requires the council chair
or a member designated by the chair, to address items designated by the county board from the report
created pursuant to this section, and one or more of the following issues:
__(i) School performance;
__(ii) Curriculum;
__(iii) Status of the school in meeting the unified school improvement plan established pursuant
to section five, article two-e of this chapter; and
__(iv) Status of the school in meeting the county plan established pursuant to section five, article
two-e of this chapter;
__(C) Make written requests for information from the local school improvement council
throughout the year or hold community forums to receive input from the affected community as the
county board considers necessary; and
__(D) Report details to the state board details concerning such the meeting or meetings held with
councils, as specified herein, and in this section. such The information shall be provided to the state
board at the conclusion of the school year, but no later than the first day of September of each year,
and shall become an indicator in the performance accreditation process for each county. In order to
facilitate development of this report, a county board may consult with and request assistance from
members of the councils.
__(b) (2) Provide Providing for the development of direct links between the county board and
the community at large allow allowing for community involvement at regular county board meetings
and specify specifying how the county board will regularly communicate regularly with the public
regarding important issues;
(c) (3) Provide Providing for the periodic review of personnel policies of the district in order
to determine their effectiveness;
(d) (4) Set Setting broad guidelines for the school district, including the establishment of
specific oversight procedures, development and implementation of standards of accountability, and
the development of long-range plans to meet future needs as required by this section; and
(e) (5) Use Using school-based accreditation and performance data provided by the state board
and other available data in county board decision making to meet the education goals of the state and
such other goals as the county board may establish.
(b) On or before the first day of August of each year, county school boards shall review the
policies listed in subsection (a) of this section and may modify these policies as necessary.
§18-5-25. Duties of superintendent as secretary of board.
The county superintendent as secretary of the board shall:
(1) Take the oath prescribed in the constitution before performing any of the duties of his
office;
(2) Attend all board meetings and record its official proceedings in a book kept for that
purpose;
(3) Record the number of each order issued, the name of the payee, the purpose for which the
order was issued, and the amount thereof. Every order shall be signed by the secretary and the
president of the board;
(4) Care for and keep all papers belonging to the board, including evidences of title, contracts
and obligations. They shall be kept in the secretary's office, accessibly arranged for reference;
(5) Record and keep on file all papers and documents pertaining to the business of the board;
(6) Make a tabular report to the board on or before the twentieth day of July, annually,
showing all the statistics and facts required by the blanks furnished by the state superintendent. He
may collect his material from the annual report of the sheriff, the teachers' register and such other
sources as he thinks desirable, and he may accompany his report with such explanation and comment
as he deems pertinent;
(7) (6) Keep the accounts and certify the reports required by law or requested by the board;
(8) (7) Administer oaths to school officers, teachers, and others making reports;
(9) (8) Deliver in proper condition to his successor all records and property pertaining to his
office; and
__(10) (9) Exercise such other duties as are prescribed by law.
§18-5-45. School calendar.
(a) As used in this section, the following terms have the following meanings:
(1) Instructional day means a day within the instructional term which meets the following
criteria:
(A) Instruction is offered to students for the amounts of time provided by state board rule;
(B) A minimum percentage of students, as defined by state board rule, is present in the county
schools;
(C) (B) Instructional time is used for instruction, cocurricular activities and approved
extracurricular activities, and pursuant to the provisions of subdivision (12), subsection (b), section
five, article five-a of this chapter, faculty senates; and
__(D) (C) Such other criteria as the state board determines appropriate.
(2) Bank time means time added beyond the required instructional day which may be
accumulated and used in larger blocks of time during the school year for instructional or
noninstructional activities, as further defined by the state board.
(3) Extracurricular activities are activities under the supervision of the school such as athletics,
noninstructional assemblies, social programs, entertainment and other similar activities, as further
defined by the state board.
(4) Cocurricular activities are activities that are closely related to identifiable academic
programs or areas of study that serve to complement academic curricula as further defined by the state
board.
(b) Findings. --
(1) The primary purpose of the school system is to provide instruction for students.
(2) The school calendar, as defined in this section, is designed to define the school term both
for employees and for instruction.
(3) The school calendar traditionally has provided for one hundred eighty actual days of
instruction but numerous circumstances have combined to cause the actual number of instructional
days to be less than one hundred eighty.
(4) The quality and amount of instruction offered during the instructional term is affected by
the extracurricular and cocurricular activities allowed to occur during scheduled instructional time.
(5) Within reasonable guidelines, the school calendar should be designed at least to guarantee
that one hundred eighty actual days of instruction are possible.
(c) The county board shall provide a school term for its schools that contains the following:
(1) An employment term for teachers of no less than two hundred days, exclusive of Saturdays
and Sundays; and
(2) Within the employment term, an instructional term for students of no less than one
hundred eighty separate instructional days.
(d) The instructional term for students shall include, one instructional day in each of the
months of October, December, February, April and June which is an instructional support and
enhancement day scheduled by the board to include both instructional activities for students and
professional activities for teachers to improve student instruction. The instructional activities for
students may include, but are not limited to, both in school and outside of school activities such as
student mentoring, tutoring, counseling, student research and other projects or activities of an
instructional nature, community service, career exploration, parent and teacher conferences, visits to
the homes of students, college and financial aid workshops and college visits. The instructional
activities for students shall be determined and scheduled at the local school level. The first two hours
of the instructional day shall be used for instructional activities for students which require the direct
supervision or involvement by teachers, and such activities shall be limited to two hours. To ensure
that the students who attend are properly supervised, the instructional activities for students shall be
arranged by appointment with the individual school through the principal, a teacher or other
professional personnel at the school. The school shall establish a policy relating to the use of the two
hour block scheduled for instructional activities for students. The professional activities for teachers
shall include a two hour block of time immediately following the first two hours of instructional
activities for students during which the faculty senate shall have the opportunity to meet. Any time
not used by the faculty senate and the remainder of the school day, not including the duty free lunch period, shall be used for other professional activities for teachers to improve student instruction which
may include, but are not limited to, professional staff development, curriculum team meetings,
individualized education plan meetings and other meetings between teachers, principals, aides and
paraprofessionals to improve student instruction as determined and scheduled at the local school
level. Notwithstanding any other provision of law or policy to the contrary, the presence of any
specific number of students in attendance at the school for any specific period of time shall not be
required on instructional support and enhancement days and the transportation of students to the
school shall not be required. Instructional support and enhancement days are also a scheduled work
day for all service personnel and shall be used for training or other tasks related to their job
classification if their normal duties are not required.
__(d) (e) The instructional term shall commence no earlier than the twenty-sixth day of August
and terminate no later than the eighth day of June.
(e) (f) Noninstructional days shall total twenty and shall be comprised of the following:
(1) Seven holidays as specified in section two, article five, chapter eighteen-a of this code;
(2) Election day as specified in section two, article five, chapter eighteen-a of this code;
(3) Six days to be designated by the county board to be used by the employees outside the
school environment; and
(4) Six days to be designated by the county board for any of the following purposes:
(A) Curriculum development;
(B) Preparation for opening and closing school;
(C) Professional development;
(D) Teacher-pupil-parent conferences;
(E) Professional meetings; and
(F) Making up days when instruction was scheduled but not conducted.
(f) (g) Three of the days described in subdivision (4), subsection (e) (f) of this section shall
be scheduled prior to the twenty-sixth day of August for the purposes of preparing for the opening
of school and staff development.
(g) (h) At least one of the days described in subdivision (4), subsection (e) (f) of this section
shall be scheduled after the eighth day of June for the purpose of preparing for the closing of school.
If one hundred eighty separate instruction days occur prior to the eighth day of June, this day may be
scheduled on or before the eighth day of June.
(h) (i) At least four of the days described in subdivision (3), subsection (e) (f) of this section
shall be scheduled after the first day of March.
(i) (j) At least two of the days described in subdivision (4), subsection (e) (f) of this section,
will be scheduled for professional development. The professional development conducted on these
days will be consistent with the goals established by the state board pursuant to the provisions of
section twenty-three-a, article two, chapter eighteen of this code.
(j) (k) Subject to the provisions of subsection (g) (h) of this section, all noninstructional days
will be scheduled prior to the eighth day of June.
(k) (l) The Except as otherwise provided in this subsection, the state board may not schedule
the primary statewide assessment program prior to the fifteenth day of May of the instructional year,
unless the state board determines that the nature of the test mandates an earlier testing date. For the
school year beginning two thousand-three only, the state board may not schedule the primary
statewide assessment program prior to the fifteenth day of April of the instructional year.
__(l) (m) If, on or after the first day of March, the county board determines that it is not possible
to complete one hundred eighty separate days of instruction, the county board shall schedule
instruction on any available noninstructional day, regardless of the purpose for which the day
originally was scheduled, and the day will be used for instruction: Provided, That the noninstructional
days scheduled for professional development shall be the last available noninstructional days to be
rescheduled as instructional days: Provided, however, That on or after the first day of March, the
county board also may require additional minutes of instruction in the school day to make up for lost
instructional days in excess of the days available through rescheduling and, if in its judgment it is
reasonable and necessary to improve student performance, to avoid scheduling instruction on
noninstructional days previously scheduled for professional development. The provisions of this subsection do not apply to: (1) Holidays; and (2) election day.
(m) (n) The following applies to bank time:
(1) Except as provided in subsection (m) of this section, Bank bank time may not be used to
avoid one hundred eighty separate days of instruction;
(2) Bank time may not be used to lengthen the time provided in law for faculty senates;
(3) The use of bank time for extracurricular activities will be limited by the state board; and
(4) Such other requirements or restrictions as the state board may provide in the rule required
to be promulgated by this section.
(n) (o) The following applies to cocurricular activities:
(1) The state board shall determine what activities may be considered cocurricular;
(2) The state board shall determine the amount of instructional time that may be consumed
by cocurricular activities; and
(3) Such other requirements or restrictions as the state board may provide in the rule required
to be promulgated by this section.
(o) (p) The following applies to extracurricular activities:
(1) Except as provided by subdivision (3) of this subsection, extracurricular activities may not
be scheduled during instructional time;
(2) The use of bank time for extracurricular activities will be limited by the state board; and
(3) The state board shall provide for the attendance by students of certain activities sanctioned
by the secondary schools activities commission when those activities are related to statewide
tournaments or playoffs or are programs required for secondary schools activities commission
approval.
(p) (q) Noninstructional interruptions to the instructional day shall be minimized to allow the
classroom teacher to teach.
(q) (r) Nothing in this section prohibits establishing year-round schools in accordance with
rules to be established by the state board.
(r) (s) Prior to implementing the school calendar, the county board shall secure approval of its proposed calendar from the state board or, if so designated by the state board, from the state
superintendent.
(s) (t) The county board may contract with all or part of the personnel for a longer term.
(t) (u) The minimum instructional term may be decreased by order of the state superintendent
in any county declared a federal disaster area and where the event causing the declaration is
substantially related to a reduction of instructional days.
(u) (v) Where the employment term overlaps a teacher's or service personnel's participation
in a summer institute or institution of higher education for the purpose of advancement or
professional growth, the teacher or service personnel may substitute, with the approval of the county
superintendent, the participation for up to five of the noninstructional days of the employment term.
(v) (w) The state board shall promulgate a rule in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code for the purpose of implementing the provisions of this
section.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-2. Local school improvement councils; election.
(a) A local school improvement council shall be established at every school consisting of the
following:
(1) The principal, who shall serve as an ex officio member of the council and be entitled to
vote;
(2) Three teachers elected by the faculty senate of the school;
(3) Two school service personnel elected by the school service personnel employed at the
school;
(4) Three parent(s), guardian(s) or custodian(s) of students enrolled at the school elected by
the parent(s), guardian(s) or custodian(s) members of the school's parent teacher organization:
Provided, That if there is no parent teacher organization, the parent(s), guardian(s) or custodian(s)
members shall be elected by the parent(s), guardian(s) or custodian(s) of students enrolled at the
school in such manner as may be determined by the principal;
(5) Two at-large members appointed by the principal, one of whom resides in the school's
attendance area and one of whom represents business or industry, neither of whom is eligible for
membership under any of the other elected classes of members;
(6) In the case of vocational-technical schools, the vocational director: Provided, That if there
is no vocational director, then the principal may appoint no more than two additional representatives,
one of whom represents business and one of whom represents industry;
(7) In the case of a school with students in grade seven or higher, the student body president
or other student in grade seven or higher elected by the student body in those grades.
(b) Under no circumstances may more than one parent member of the council be then
employed at that school in any capacity.
__(b) (c) The principal shall arrange for such elections to be held prior to the fifteenth day of
September of each school year to elect a council and shall give notice of the elections at least one
week prior to the elections being held. To the extent practicable, all elections to select council
members shall be held within the same week.
(d) Parent(s), guardian(s) or custodian(s), teachers and service personnel elected to the council
shall serve a two-year term, and elections shall be arranged in such a manner that no more than two
teachers, no more than two parent(s), guardian(s) or custodian(s), and no more than one service
person are elected in a given year. All other non-exofficio members shall serve one-year terms.
(e) Council members may only be replaced upon death, resignation, failure to appear at three
consecutive meetings of the council for which notice was given, or a change in personal
circumstances so that the person is no longer representative of the class of members from which
appointed. In the case of replacement, an election shall be held to elect a vacancy in an elected
membership, the chair of the council shall appoint another qualified person to serve the unexpired
term of the person being replaced, or in the case of an appointed member of the council, the principal
shall appoint a replacement as soon as practicable.
(c) (f) As soon as practicable after the election of council members, and no later than the first
day of October of each school year, the principal shall convene an organizational meeting of the school improvement council. The principal shall notify each member in writing at least two
employment days in advance of the organizational meeting. At this meeting, the principal shall
provide each member with the following:
__(1) A copy of the current applicable section sections of this code; and
(2) Any state board rule or regulation promulgated pursuant to the operation of these councils;
and
__(3) Any information as may be developed by the department of education on the operation and
powers of local school improvement councils and their important role in improving student and
school performance and progress.
(g) The council shall elect from its membership a chair and two members to assist the chair
in setting the agenda for each council meeting. The chair shall serve a term of one year and no person
may serve as chair for more than two consecutive terms. If the chair's position becomes vacant for
any reason, the principal shall call a meeting of the council to elect another qualified person to serve
the unexpired term. (d) Once elected, the chair is responsible for notifying each member of the school
improvement council in writing two employment days in advance of any council meeting.
(h) School improvement councils shall meet at least once every nine weeks or equivalent
grading period at the call of the chair or by three fourths of its members.
(i) The local school improvement council shall meet at least annually with the county board,
in accordance with the provisions in section fourteen, article five of this chapter. At this annual
meeting, the local school improvement council chair, or another member designated by the chair,
shall be prepared to address any matters as may be requested by the county board as specified in the
meeting agenda provided to the council and may further provide any other information, comments
or suggestions the local school improvement council wishes to bring to the county board's attention.
Anything presented under this subsection shall be submitted to the county board in writing.
__(e) (j) School improvement councils shall be considered for the receipt of school of excellence
awards under section three of this article and competitive grant awards under section twenty-nine,
article two of this chapter, and may receive and expend such grants for the purposes provided in such section. In any and all matters which may fall within the scope of both the school improvement
councils and the school curriculum teams authorized in section five of this article, the school
curriculum teams shall be deemed to have jurisdiction. In order to promote innovations and
improvements in the environment for teaching and learning at the school, a school improvement
council shall receive cooperation from the school in implementing policies and programs it may adopt
to:
(1) Encourage the involvement of parent(s), guardian(s) or custodian(s) in their child's
educational process and in the school;
(2) Encourage businesses to provide time for their employees who are parent(s), guardian(s)
or custodian(s) to meet with teachers concerning their child's education;
(3) Encourage advice and suggestions from the business community;
(4) Encourage school volunteer programs and mentorship programs; and
(5) Foster utilization of the school facilities and grounds for public community activities.
(f) (k) On or before the eighth day of June, one thousand nine hundred ninety-five, each local
school improvement council shall develop and deliver a report to the county-wide council on
productive and safe schools. The report shall include guidelines for the instruction and rehabilitation
of pupils who have been excluded from the classroom, suspended from the school, or expelled from
the school, the description and recommendation of in-school suspension programs, a description of
possible alternative settings, schedules for instruction, and alternative education programs and an
implementation schedule for such guidelines. The guidelines shall include the following:
(1) A system to provide for effective communication and coordination between school and
local emergency services agencies;
(2) A preventive discipline program which may include the responsible students program
devised by the West Virginia board of education as adopted by the county board of education,
pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a of this code;
and
(3) A student involvement program, which may include the peer mediation program or programs devised by the West Virginia board of education as adopted by the county board of
education, pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a
of this code.
(g) (l) The council may include in its report to the county-wide council on productive and safe
schools provisions of the state board of education policy 4373, Student Code of Conduct, or any
expansion of such policy which increases the safety of students in schools in this state and is
consistent with the policies and other laws of this state.
(h) (m) Councils may adopt their own guidelines established under this section. In addition,
the councils may adopt all or any part of the guidelines proposed by other local school improvement
councils, as developed under this section, which are not inconsistent with the laws of this state, the
policies of West Virginia board of education or the policies of the county board of education.
(n) The state board of education shall provide assistance to a local school improvement
council upon receipt of a reasonable request for that assistance. The state board also may solicit
proposals from other parties or entities to provide orientation training for local school improvement
council members and may enter into contracts or agreements for that purpose. Any training for
members shall meet the guidelines established by the state board.
§18-5A-5. Public school faculty senates established; election of officers; powers and duties.
(a) There is established at every public school in this state a faculty senate which is comprised
of all permanent, full-time professional educators employed at the school who shall all be voting
members. Professional educators, as used in this section, means professional educators as defined
in chapter eighteen-a of this code. A quorum of more than one half of the voting members of the
faculty shall be present at any meeting of the faculty senate at which official business is conducted.
Prior to the beginning of the instructional term each year, but within the employment term, the
principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and
discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings
when the chair is absent. Meetings of the faculty senate shall be held on a regular basis as determined
by a schedule approved by the faculty senate and amended periodically if needed during the times provided in accordance with subdivision (12), subsection (b) of this section as determined by the
faculty senate. Emergency meetings may be held during noninstructional time at the call of the chair
or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of
matters to be considered at a scheduled meeting of the faculty senate shall be available to the
members at least two employment days prior to the meeting. For emergency meetings the agenda
shall be available as soon as possible prior to the meeting. The chair of the faculty senate may
appoint such committees as may be desirable to study and submit recommendations to the full faculty
senate, but the acts of the faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by law, or authorized by policies
adopted by the state or county board of education or bylaws which may be adopted by the faculty
senate not inconsistent with law, the powers and duties listed in this subsection are specifically
reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the
activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty
senate shall organize its activities as it deems most effective and efficient based on school size,
departmental structure and other relevant factors.
(1) Each faculty senate shall control funds allocated to the school from legislative
appropriations pursuant to section nine, article nine-a of this chapter. From such funds, each
classroom teacher and librarian shall be allotted fifty dollars for expenditure during the instructional
year for academic materials, supplies or equipment which, in the judgment of the teacher or librarian,
will assist him or her in providing instruction in his or her assigned academic subjects or shall be
returned to the faculty senate: Provided, That nothing contained herein prohibits the funds from
being used for programs and materials that, in the opinion of the teacher, enhance student behavior,
increase academic achievement, improve self-esteem and address the problems of students at-risk.
The remainder of funds shall be expended for academic materials, supplies or equipment in
accordance with a budget approved by the faculty senate. Notwithstanding any other provisions of
the law to the contrary, funds not expended in one school year are available for expenditure in the
next school year: Provided, however, That the amount of county funds budgeted in a fiscal year may not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for
such materials, supplies and equipment. Accounts shall be maintained of the allocations and
expenditures of such funds for the purpose of financial audit. Academic materials, supplies or
equipment shall be interpreted broadly, but does not include materials, supplies or equipment which
will be used in or connected with interscholastic athletic events.
(2) A faculty senate may establish a process for faculty members to interview new prospective
professional educators and paraprofessional employees at the school and submit recommendations
regarding employment to the principal, who may also make independent recommendations, for
submission to the county superintendent: Provided, That such process shall be chaired by the school
principal and must permit the timely employment of persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as outstanding teachers under state
and local teacher recognition programs and other personnel at the school, including parents, for
recognition under other appropriate recognition programs and may establish such programs for
operation at the school.
(4) A faculty senate may submit recommendations to the principal regarding the assignment
scheduling of secretaries, clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the principal regarding establishment
of the master curriculum schedule for the next ensuing school year.
(6) A faculty senate may establish a process for the review and comment on sabbatical leave
requests submitted by employees at the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty representatives to the local school
improvement council established pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to the county staff development
council pursuant to section eight, article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make recommendations on the selection
of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at
the school.
(10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and
any other funds made available to the faculty senate: Provided, That the faculty senate shall select
a member who has the duty of maintaining a record of all funds received and expended by the faculty
senate, which record shall be kept in the school office and is subject to normal auditing procedures.
(11) Any faculty senate may review the evaluation procedure as conducted in their school to
ascertain whether the evaluations were conducted in accordance with the written system required
pursuant to section twelve, article two, chapter eighteen-a of this code and the general intent of this
Legislature regarding meaningful performance evaluations of school personnel. If a majority of
members of the faculty senate determine that such evaluations were not so conducted, they shall
submit a report in writing to the state board of education: Provided, That nothing herein creates any
new right of access to or review of any individual's evaluations.
(12) A local board shall provide to each faculty senate either: (A) A two-hour per month
block of instructional time within the instructional day; or (B) a two hour block of time for a faculty
senate meeting on a day scheduled for the opening of school prior to the beginning of the instructional
term, and a two hour block of time on each instructional support and enhancement day scheduled by
the board for instructional activities for students and professional activities for teachers pursuant to
section forty-five, article five of this chapter. A faculty senate may meet for an unlimited block of
time per month during noninstructional days to discuss and plan strategies to improve student
instruction and to conduct other faculty senate business. A faculty senate meeting scheduled on a
noninstructional day shall be considered as part of the purpose for which the noninstructional day is
scheduled. This time may be utilized and determined at the local school level and includes, but is not
limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to manage the integration of special
needs students into the regular classroom at their respective schools and submit the strategic plan to
the superintendent of the county board of education periodically pursuant to guidelines developed by
the state department of education. Each faculty senate shall encourage the participation of local
school improvement councils, parents and the community at large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall include at least: (A) A mission
statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal;
(E) work in progress to implement the strategic plan; (F) guidelines for placing additional staff into
integrated classrooms to meet the needs of exceptional needs students without diminishing the
services rendered to the other students in integrated classrooms; (G) guidelines for implementation
of collaborative planning and instruction; and (H) training for all regular classroom teachers who
serve students with exceptional needs in integrated classrooms.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and
hearings.
(a) The county attendance director and the assistants shall diligently promote regular school
attendance. They shall ascertain reasons for inexcusable absences from school of pupils of
compulsory school age and students who remain enrolled beyond the sixteenth birthday as defined
under this article and shall take such steps as are, in their discretion, best calculated to correct
attitudes of parents and pupils which results in absences from school even though not clearly in
violation of law.
(b) In the case of five consecutive or ten total unexcused absences of a child during a school
year, the attendance director or assistant shall serve written notice to the parent, guardian or custodian
of such child that the attendance of such child at school is required and that within ten days of receipt
of the notice the parent, guardian or custodian, accompanied by the child, shall report in person to the
school the child attends for a conference with the principal or other designated representative of the
school in order to discuss and correct the circumstances causing the inexcusable absences of the child;
and if the parent, guardian or custodian does not comply with the provisions of this article, then the
attendance director or assistant shall make complaint against the parent, guardian or custodian before
a magistrate of the county. If it appears from the complaint that there is probable cause to believe that
an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest
persons charged with offenses against the state. More than one summons or warrant may be issued
on the same complaint. The summons or warrant shall be executed within ten days of its issuance.
(c) The magistrate court clerk, or the clerk of the circuit court performing the duties of the
magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the
case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be
held within twenty days of the assignment to the magistrate, subject to lawful continuance. The
magistrate shall provide to the accused at least ten days' advance notice of the date, time and place
of the hearing.
(d) When any doubt exists as to the age of a child absent from school, the attendance director
shall have authority to require a properly attested birth certificate or an affidavit from the parent,
guardian or custodian of such child, stating age of the child. The county attendance director or
assistant shall, in the performance of his or her duties, have authority to take without warrant any
child absent from school in violation of the provisions of this article and to place such child in the
school in which such child is or should be enrolled.
(e) The county attendance director shall devote such time as is required by section three of this
article to the duties of attendance director in accordance with this section during the instructional term
and at such other times as the duties of an attendance director are required. All attendance directors
hired for more than two hundred days may be assigned other duties determined by the superintendent
during the period in excess of two hundred days. The county attendance director shall be responsible
under direction of the county superintendent for the efficient administration of school attendance in
the county.
(f) In addition to those duties directly relating to the administration of attendance, the county
attendance director and assistant directors shall also perform the following duties:
(a) (1) Assist in directing the taking of the school census to see that it is taken at the time and
in the manner provided by law;
(b) (2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
(c) (3) Cooperate with existing state and federal agencies charged with enforcement of child
labor laws;
(d) (4) Prepare a report for submission by the county superintendent to the state superintendent
of schools on school attendance, at such times and in such detail as may be required. The state board
shall promulgate a legislative rule pursuant to article three-b, chapter twenty-nine-a of this code that
sets forth student absences that shall be excluded for accountability purposes. The absences that shall
be excluded by the rule shall include, but not be limited to, excused student absences, students not
in attendance due to disciplinary measures and absent students for whom the attendance director has
pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance
director shall also, file with the county superintendent and county board of education at the close of
each month a report showing activities of the school attendance office and the status of attendance
in the county at the time;
(e) (5) Promote attendance in the county by the compilation of data for schools and by
furnishing suggestions and recommendations for publication through school bulletins and the press,
or in such manner as the county superintendent may direct;
(f) (6) Participate in school teachers' conferences with parents and students;
(g) (7) Assist in such other ways as the county superintendent may direct for improving school
attendance;
(h) (8) Make home visits of students who have excessive unexcused absences, as provided
above, or if requested by the chief administrator, principal or assistant principal; and
__(i) The attendance director shall (9) Serve as the liaison for homeless children and youth."
On page one, by amending the enacting section to read as follows:
"That section one, article one, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted; that section four, article two of said
chapter be amended and reenacted; that said article be further amended by adding thereto a new
section, designated section five-g; that section seven, article two-e of said chapter be amended and reenacted; that section one, article three of said chapter be amended and reenacted; that sections one
and two, article four of said chapter be amended and reenacted; that said article be further amended
by adding thereto a new section, designated section six; that sections ten and eleven of said article
be amended and reenacted; that sections one-a, one-c, four, seven, thirteen, fourteen, twenty-five and
forty-five, article five of said chapter be amended and reenacted; that sections two and five, article
five-a of said chapter be amended and reenacted; and that section four, article eight of said chapter
be amended and reenacted, all to read as follows" followed by a colon.
And,
By amending the title of the bill to read as follows:
Enrolled Com. Sub. for S. B. 522 - "An Act to amend and reenact section one, article one,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended;
to amend and reenact section four, article two of said chapter; to further amend said article by adding
thereto a new section, designated section five-g; to amend and reenact section seven, article two-e of
said chapter; to amend and reenact section one, article three of said chapter; to amend and reenact
sections one and two, article four of said chapter; to further amend said article by adding thereto a
new section, designated section six; to amend and reenact sections ten and eleven of said article; to
amend and reenact sections one-a, one-c, four, seven, thirteen, fourteen, twenty-five and forty-five,
article five of said chapter; to amend and reenact sections two and five, article five-a of said chapter;
and to amend and reenact section four, article eight of said chapter, all relating to public education
generally; definitions; allowing state board president to serve an unlimited number of terms, but no
more than two consecutive terms; requiring county boards to provide certain policies, summaries of
any modifications to those policies and copies of annual reports to state board; requiring state board
to submit copies of summaries and annual reports to the legislative oversight commission on
education accountability; allowing, with state board approval, certain appropriations to be expended
directly or through contractual agreements with county boards and regional education service
agencies for materials and other costs associated with installation, set-up, internet hook-up and wiring
of the computer hardware and software; clarifying that state superintendent serves at the will and pleasure of the state board; requiring the state board to annually evaluate the performance of the state
superintendent and publicly announce the results of the evaluation; clarifying appointment of county
superintendents; modifying authorization for county superintendent to transfer to a teaching position
at the end of his or her term; extending the date before which the county superintendent is required
to be appointed; requiring county superintendent to be a resident of the county, or of a contiguous
county in this state, in which he or she serves; modifying requirements for permanent administrative
certificate and county superintendent license; requiring state board to define three years of experience
in management or supervision in rule; modifying health related conditions of employment for county
superintendents; providing for discontinuing or suspending employment of county superintendent
under certain circumstances; requiring that county superintendents be evaluated at least annually;
providing criteria for evaluation; providing for evaluation to take place in executive session; directing
county board to release general statement to the public and provide additional information only by
mutual consent of county board and county superintendent; delineating authorized uses of evaluation
results; allowing contract or written agreement to delineate a county superintendent's acting as chief
executive officer; removing county superintendent duty to organize and attend district institutes, and
organize and direct reading circles and boys' and girls' clubs; requiring county superintendent to
report promptly to the county board whenever any school in the district appears to be failing to meet
the standards for improving education; requiring county superintendent to keep county board apprized
of certain issues in the district; removing requirement for county superintendent to direct the taking
of school census; allowing county board members to serve on certain boards; allowing request of
ethics commission for an advisory opinion; requiring ethics commission to issue advisory opinion
within thirty days; entitling county board member who relies on opinion to reimbursement for
attorney's fees and court costs incurred in certain proceedings; prohibiting vote cast from being
invalidated due to subsequent finding that holding particular office or committee is a bar to
membership on the board; providing that good faith reliance on a written advisory opinion is an
absolute defense to certain civil suits or criminal prosecutions; requiring county board member
training to include school performance issues; allowing feasible and practicable extension of training time; requiring annual county board self assessment; specifying focus of evaluation instrument;
requiring summary of evaluation to be made public; allowing county boards to meet in facilities
within the county other than the county board office; authorizing lease of school property subject to
certain requirements; clarifying county board authority to employ, contract with or otherwise engage
legal counsel; including service personnel in job-sharing arrangements; adding requirements for job
sharing; limiting cost to retirement system; requiring filing of policies and summaries of policies that
promote school board effectiveness; requiring annual meeting with a quorum of members from each
local school improvement council; providing for meeting with less than a quorum under certain
circumstances; allowing county board to schedule additional meeting for any low performing school
in the district; requiring county board to develop agenda for required annual meeting with local school
improvement council; requiring certain items to be addressed; requiring county boards to make
written requests for information from local school improvement councils throughout the year or hold
community forums to receive input from the affected community as the county board considers
necessary; modifying time requirements for reporting to state board on meetings with local school
improvement councils; authorizing county board to request assistance from local school improvement
council members to facilitate development of report; requiring county boards to review the policies
to promote school board effectiveness each year; eliminating duty of county superintendent to make
a tabular report to the county board annually; eliminating requirement that certain percentage of
students be in attendance for a day to be considered instructional; including five instructional support
and enhancement days within the instructional term that include instructional activities, professional
activities and time for faculty senate meetings; requiring instructional activities for students to be
scheduled by appointment; requiring school policy relating to use of time designated for instructional
activities; providing that the presence of any certain number of students and the transportation of
students is not required on instructional support and enhancement days; declaring instructional
support and enhancement days a regular work day for all service personnel; providing that for one
school year only, statewide assessment may not be prior to the fifteenth day of April; requiring
professional development days to be used last when making up instructional days; allowing use of additional minutes of instruction each day for making up lost instructional days under certain
circumstances; prohibiting more than one parent member of a local school improvement council from
being employed at the school; requiring chair to appoint replacement of elected member of local
school improvement council if position becomes vacant; requiring principal to appoint replacement
if appointed position becomes vacant; requiring principal to provide certain information at the
organizational meeting of the local school improvement council; requiring local school improvement
council chair, or designee, to be prepared to address certain matters at annual meeting and in writing;
allowing state board to enter into contracts to provide orientation training for local school
improvement council members; requiring that any training meet guidelines established by the state
board; requiring emergency meetings of faculty senates to be held during noninstructional time;
requiring a two hour block of time be scheduled for a faculty senate meeting on a day scheduled for
the opening of school prior to the beginning of the instructional term; requiring that a two hour block
of time be scheduled for a faculty senate meeting on each instructional support and enhancement day;
and requiring state board rule excluding certain absences for accountability purposes."
On motion of Delegate Staton, the House of Delegates then concurred in the Senate
amendments.
The Speaker propounded, "Shall the bill now pass, as amended, in an effort to meet the
objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 714), and there were--yeas 97, nays
none, absent and not voting 3, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin,
Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel,
Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M.
Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White,
Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann, Coleman and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 522) passed, as a result of the
objections of the Governor.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 715), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 522) takes effect July 1, 2003.
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, upon reconsideration, the Senate had amended and
again passed, in an effort to meet the objections of the Governor, and requested the concurrence of
the House of Delegates in the same, as to
Enrolled S. B. 646, Establishing centers for economic development and technology
advancement at higher education institutions.
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
OFFICE OF THE GOVERNOR
CHARLESTON
March 13, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I
hereby disapprove and return Enrolled Senate Bill No. 646.
Enrolled Senate Bill No. 646 relates generally to the establishment of centers for economic
development and technology advancements at institutions of higher education, a goal that I have
always supported. Nevertheless, I must object to this bill because its proposed title does not reflect
the amendments made to chapter eighteen-c of the code. A reasonable person would not be able to
discern the amendments to that chapter without reading the entire text of the bill. Accordingly, I find
the title inconsistent with the substance of the bill so as to render the bill constitutionally defective.
For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and return the bill for
approval.
Finally, while not a reason for vetoing the bill, I must point out that the reference in §18C-5-
2(a)(1) to Salem-Teikyo as an approved institution of higher education is no longer correct because
that institution ended its relationship with Teikyo University Foundation in 2001. The correct
designation is now Salem International University.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, 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 nine, section two, line five, by striking out the words "the college of West Virginia"
and inserting in lieu thereof the words "Mountain State university".
On page nine, section two, line six, by striking out the words "Salem-Teikyo college" and
inserting in lieu thereof the words "Salem international university".
On page nine, section two, lines fifteen and sixteen, by striking out the words "of this chapter
and section four, article one-b of this chapter" and inserting in lieu thereof a comma and the words
"chapter eighteen-b of this code and section four, article one-b of said chapter".
On page two, by amending the enacting section to read as follows:
"That chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended by adding thereto a new article, designated article twelve-a; and that section
two, article five, chapter eighteen-c of said code be amended and reenacted, all to read as follows"
followed by a colon.
And,
By amending the title of the bill to read as follows:
Enrolled S. B. 646 - "An Act to amend chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
twelve-a; and to amend and reenact section two, article five, chapter eighteen-c of said code, all
relating to higher education; centers for economic development and technology advancement
generally; findings and purpose; definitions; authorizing doctoral institutions to enter into agreements
with centers; setting forth requirements for governing bodies; powers and duties of governing bodies;
providing for appointment of president; qualifications; powers and duties of president; authorizing
agreements; terms and conditions; authorizing audit of center operations; clarifying issues of conflicts
of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations of centers;
student financial aid; and expanding definition of 'eligible institution' for purposes of higher education grant program."
On motion of Delegate Staton, the House of Delegates then concurred in the Senate
amendments.
The Speaker propounded, "Shall the bill now pass, as amended, in an effort to meet the
objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 716), and there were--yeas 97, nays
none, absent and not voting 3, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin,
Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel,
Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer,
Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M.
Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White,
Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann, Coleman and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. S. B. 646) passed, as a result of the objections of the
Governor.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 717), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. S. B. 646) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At the request of Delegate Spencer, 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 bill after adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Spencer filed reports
of the Joint Committee on Enrolled Bills as follows:
March 17, 2003
(S. B. 336), Relating to uniform application forms for credentialing, re-credentialing and
updating information for health care practitioners,
(Com. Sub. for S. B. 354), Relating to operating or attempting to operate clandestine drug
laboratory; penalty,
(Com. Sub. for S. B. 364), Strengthening multi-disciplinary treatment team process for
children involved in court system,
(Com. Sub. for S. B. 383), Allowing alcohol beverage control commissioner, with approval
of governor and board of public works, to sell warehouse and purchase replacement,
(Com. Sub. for S. B. 387), Increasing time to perfect liens for certain debts,
(Com. Sub. for S.B. 424), Authorizing commissioner of corrections to consent to transfer of
convicted offenders under federal treaty; informed consent,
(S. B. 428), Directing auditor to issue warrants for payment of certain claims against state,
(S. B. 634), Defining crow as game-bird; hunting season,
(S. B. 635), Clarifying foster care services in relation to behavioral health,
And,
(S. B. 636), Exempting competitive bidding requirement for commodities and services by
nonprofit workshops.
March 19, 2003
(Com. Sub. for S. B. 39), Making false alarm felony in certain cases,
(Com. Sub. for S. B. 56), Prohibiting certain insurers to require persons under contract to use
mail-order pharmacy,
(S. B. 95), Increasing length and width for certain vehicles,
(S. B. 105), Increasing tax on cigarettes,
(S. B. 107), Creating sales tax holiday for back-to-school purchases,
(Com. Sub. for S. B. 162), Expunging certain motor vehicle license information for
nineteen-year-olds,
(S. B. 189), Relating to approval of out-of-state bank applications to establish bank branches,
(S. B. 190), Relating to bank examination schedule for certain banking institutions,
(Com. Sub. for S. B. 191), Relating to state-chartered credit union converting to federal or
another state charter,
(Com. Sub. for S. B. 213), Restricting actions brought by nonresidents in state courts,
(S. B. 337), Simplifying process for adoption of children from foreign countries,
(S. B. 342), Limiting time driver's license may be issued to certain non-citizens,
(S. B. 356), Relating to insurance company holding systems and federal Gramm-Leach-Bliley
Act,
(S. B. 358), Relating to re-domestication of domestic insurance companies,
(S. B. 381), Adding professional surveyors to professional limited liability companies,
(Com. Sub. for S. B. 404), Establishing blue and gray inter-modal highway authority,
(S. B. 637), Supplementing, amending, reducing and increasing items from state road fund
to department of transportation, division of motor vehicles,
(S. B. 638), Making supplementary appropriation to department of military affairs and public
safety, division of corrections, parolee supervision fees,
(S. B. 639), Making supplementary appropriation to department of transportation, division
of motor vehicles, driver's license reinstatement fund,
(S. B. 640), Making supplementary appropriation of federal funds to department of military
affairs and public safety, division of veterans' affairs,
(S. B. 641), Making supplementary appropriation of federal funds to department of
administration, children's health insurance agency,
(S. B. 642), Making supplementary appropriation to department of health and human
resources, division of human services, child support enforcement,
(S. B. 643), Making supplementary appropriation to bureau of commerce, division of natural
resources,
(S. B. 644), Making supplementary appropriation of federal funds to department of military
affairs and public safety, division of corrections,
(S. B. 645), Making supplementary appropriation of federal funds to public service
commission, motor carrier division,
(S. B. 658), Making supplementary appropriation to department of health and human
resources, division of human services, James "Tiger" Morton Catastrophic Illness Fund,
(S. B. 659), Making supplementary appropriation to state board of examiners for licensed
practical nurses,
(S. B. 660), Supplementing, amending, reducing and increasing items from state road fund
to department of transportation, division of highways,
(S. B. 661), Making supplementary appropriation of federal funds to department of health and
human resources, division of health, maternal and child health,
And,
(S. B. 662), Expiring funds to unappropriated surplus balance in general revenue and
appropriating to tax division.
March 20, 2003
(Com. Sub. for H. B. 2050), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,
(H. B. 3062), Authorizing stockholders of closely held corporations to file suit for partition
of real estate owned by the corporation when the real estate is the only substantial asset of the
corporation,
(H. B. 3084), Restructuring the support enforcement commission in the areas of membership,
duties and powers,
(H. B. 3204), Expiring funds from the insurance commissioner - insurance commission fund,
(H. B. 3205), Expiring funds from the public service commission,
(H. B. 3206), Supplemental appropriation to the department of tax and revenue - tax division,
(Second Enr. H. B. 3207), Supplemental appropriation to the department of military affairs
and public safety - division of juvenile services,
(H. B. 3208), Supplemental appropriation to the department of military affairs and public
safety - division of corrections - correctional units,
(H. B. 3209), Supplemental appropriation to the department of military affairs and public
safety - West Virginia parole board,
(H. B. 3210), Supplemental appropriation to the department of military affairs and public
safety - division of protective services,
(H. B. 3211), Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
(H. B. 3212), Expiring funds to the department of military affairs and public safety - West
Virginia state police - surplus real property process fund,
(H. B. 3214), Expiring funds to the secretary of state - state election fund,
(H. B. 3215), Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
(H. B. 3216), Supplementing, amending, reducing and increasing items of the existing
appropriations from the state fund, general revenue, to the secretary of state,
(Second Enr. H. B. 3217), Establishing a fund and making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated,
(H. B. 3218), Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
(S. B. No. 52), Eliminating certain bond on out-of-state defendants in automobile accident
cases,
(S. B. 400), Allowing insurance commissioner to disclose confidential information in certain
cases,
(Com. Sub. for S. B. 405), Changing personal care homes to assisted living residences;
extending board,
(Com. Sub. for S. B. 412), Eliminating certain landlord liability for tenant's delinquent utility
accounts; other provisions,
(S. B. 430), Providing additional restrictions on outdoor advertising,
(Com. Sub. for S. B. 432), Deleting provision requiring magistrates to set payment plans in
certain cases,
(S. B. 436), Directing public service commission implement 211 information and referral
system,
(S. B. 443), Establishing economic and infrastructure projects under development office
guidelines,
(Com. Sub. for S. B. 453), Establishing domestic violence fatality review team,
(Com. Sub. for S. B. 455), Authorizing retirement credit for public employment in another
state,
(S. B. 486), Requiring certified public accountant to notify insurer's board or audit committee
of adverse financial condition,
(S. B. 488), Relating to contingent liability of members of farmers' mutual fire insurance
companies; risk limit,
(S. B. 493), Eliminating certain administrative duties of commissioner of agriculture,
(Com. Sub. for S. B. 505), Providing municipal fire chiefs retain rank in certain cases,
(Com. Sub. for S. B. 510), Relating to commission on holocaust education,
(Com. Sub. for S. B. 535), Relating to sale of alcohol, wine and beer to minors; mandatory
carding,
(Com. Sub. for S. B. 583), Regulating commercial transportation of coal,
(S. B. 589), Relating to common interest communities and condominiums; restrictive
covenants,
(S. B. 608), Allowing continuance of summary certificate of need reviews for proposed
behavioral health services,
(S. B. 627), Renaming Guthrie Center Gus R. Douglass Agricultural Center at Guthrie,
(S. B. 649), Relating to use of waste tire remediation funds,
And,
(S. B. 655), Creating public utilities tax loss restoration fund.
March 24, 2003
(Com. Sub. for H. B. 2003), Allowing municipalities to self-insure together and promulgation
of rules by the Commissioner of Insurance,
(Com. Sub. for H. B. 2092), Creating a sentencing commission and providing for the
appointment, terms and qualifications of members,
(Com. Sub. for H. B. 2239), Requiring foreign collection agencies to obtain a certificate of
authority from the secretary of state,
(Com. Sub. for H. B. 2240), Allowing persons purchasing or renewing hunting or fishing
licenses to donate to the "hunters helping the hungry program",
(H. B. 2750), Continuing the office of health facility licensure and certification,
(H. B. 2751), Continuing the department of health and human resources,
(H. B. 2752), Continuing the bureau for senior services,
(H. B. 2779), Continuing the personal assistance services program,
(H. B. 2797), Authorizing the DMV to reimburse members of the motor vehicle dealer
advisory board and the motorcycle safety awareness board for necessary expenses,
(H. B. 2802), Providing for a legal description in deeds creating an easement right-of-way,
(Com. Sub. for H. B. 2814), Increasing the misdemeanor penalties for failure to yield the
right-of-way,
(H. B. 2829), Continuing the division of culture and history,
(H. B. 2831), Continuing the records management and preservation board,
(H. B. 2847), Making the law-enforcement agency that places a person under arrest
responsible for that person's initial transportation to a regional or county jail,
(H. B. 2864), Continuing the office of explosives and blasting,
(Com. Sub. for H. B. 2865), Upgrading the criminal offense of damaging or destroying real
or personal property owned by a railroad company or public utility,
(H. B. 2879), Continuing the West Virginia commission on holocaust education,
(H. B. 2888), Continuing the board of osteopathy,
(H. B. 2916), Continuing the state geological and economic survey,
(H. B. 2984), Increasing the amount of service credit a teacher off work due to a compensable
injury may purchase,
(H. B. 3009), Excluding certain records from the freedom of information act that are collected
in the interest of homeland security by governmental bodies,
(H. B. 3019), Finding and declaring certain claims against the state and its agencies to be
moral obligations of the state,
(Com. Sub. for H. B. 3051), Altering the certain reportable threshold dollar amounts on
legislative member financial disclosure statements and lobbyist reports,
(Com. Sub. for H. B. 3056), Providing for the regulation of intrastate driving hours of
for-hire carriers,
(H. B. 3089), Modifying various requirements of financial institutions notifying the real estate
commission in certain circumstances,
And,
(Com. Sub. for H. B. 3155), Maintaining the security and confidentiality of business processes.
March 25, 2003
(Com. Sub. for H. B. 2051), Expanding the eligibility of part-time students for higher
education adult part-time student grants,
(Com. Sub. for H. B. 2083), Expanding personnel covered by job sharing in the school
system,
(H. B. 2285), Requiring hunting and fishing licensees to carry proof of identity and other
applicable documents,
(Com. Sub. for H. B. 2477), Permitting residents of nursing homes and similar facilities to
retain the homestead exemption and Class II property designation,
(Com. Sub. for H. B. 2480), Increasing the amount of penalties the commissioner of banking
may obtain and allowing the commissioner to expend funds to promote consumer awareness of issues
related to residential mortgage lending,
(H. B. 2486), Continuing the public employees insurance agency,
(Com. Sub. for H. B. 2511), Authorizing the issuance of a special motor vehicle license plate
for "Nemesis Shrine" members,
(Com. Sub. for H. B. 2512), Relating to competitive bidding and notice requirements for the
development of natural resources in which the public land corporation has an interest,
(H. B. 2554), Continuing the marketing and development division of the department of
agriculture,
(H. B. 2555), Continuing the West Virginia's membership in the southern regional education
compact,
(Com. Sub. for H. B. 2702), Eliminating the examination assessment fee on risk retention
groups,
(Com. Sub. for H. B. 2715), Modernizing the regulation of surplus lines insurers by
enactment of the NAIC non-admitted insurance model act,
(Com. Sub. for H. B. 2753), Prohibiting participation in animal fighting ventures and making violations a felony,
(H. B. 2764), Defining the content of subpoenas that may be issued by the insurance
commissioner,
(Com. Sub. for H. B. 2799), Relating to the West Virginia state police and the re-employment
of recently retired troopers,
(H. B. 3011), Relating to authority of the state fire commission to promulgate legislative and
emergency rules,
(H. B. 3027), Authorizing the tax commissioner to waive tax, interest and penalties in
specified circumstances which are otherwise imposed on uncompensated members of the governing
board or board of directors of certain tax exempt organizations,
And,
(H. B. 3203), Relating to amusement ride safety.
March 26, 2003
(Com. Sub. for H. B. 2414), Relating to thoroughbred breeders association,
(H. B. 2670), Continuing the office of judges until July 1, 2009,
(Com. Sub. for H. B. 2675), Mandating insurance coverage for certain clinical trials for
ordinary costs of covered services,
(Com. Sub. for H. B. 2705), Relating to the supervision of adult offenders and authorizing
a compact for the supervision of adult offenders,
(H. B. 2748), Preventing mail order or internet sales of tobacco products to persons under
eighteen years of age,
(Com. Sub. for H. B. 2818), Authorizing the county commissions of growth counties to
include the transfer of development rights as part of a zoning ordinance,
(H. B. 2830), Continuing the division of natural resources,
(Com. Sub. for H. B. 2835), Creating a special revenue fund for receipt of gifts, donations,
etc. to support the operation of veterans facilities created by statute,
(Second Enr. H. B. 2840), Increasing the number of members on the Greater Huntington Park and making other changes in the act,
(Com. Sub. for H. B. 2881), Striking the provision requiring that post mining water
discharges have to be better to or equal to pre-mining water discharge,
(H. B. 2882), Limiting requirements for stays for appeals under the surface coal mining and
reclamation act for unjust hardship,
(H. B. 2889), Continuing the board of examiners of psychologists,
(Second Enr. H. B. 2953), Establishing a mechanism to eliminate any actuarially projected
unfunded liability in the Prepaid Tuition Trust Fund,
(H. B. 2961), Limiting idling of school bus engines for more than five minutes except for
certain reasons,
(Com. Sub. for H. B. 2972), Improving the actuarial soundness of municipal police and fire
pensions,
(H. B. 2983), Relating to the teachers' retirement system,
(Com. Sub. for H. B. 3070), Providing that a mass convention of a political party, to elect
delegates to the state convention, be held in the county instead of the various magisterial districts,
(H. B. 3093), Requiring county commissions to follow geographic physical features
recognized by the United States Census Bureau when determining precinct boundaries,
(Com. Sub. for H. B. 3109), Bringing the provisions of the teachers defined contribution
retirement system in conformity with those of the teachers retirement system,
And,
(H. B. 3195), Changing agency termination dates pursuant to West Virginia sunset law.
March 27, 2003
(Com. Sub. for S. B. 178), Relating to subject matter jurisdiction in family courts,
(Com. Sub. for S. B. 180), Relating generally to school building authority and middle grade
vocational technical courses,
(S. B. 192), Relating to notice from certain bank holding companies,
(Com. Sub. for S. B. 204), Relating to involuntary commitment generally,
(Com. Sub. for S. B. 206), Relating to compulsory school attendance; supervision of certain
students,
(Com. Sub. for S. B. 287), Authorizing various agencies within department of tax and
revenue to promulgate legislative rules,
(Com. Sub. for S. B. 316), Authorizing various agencies within bureau of commerce to
promulgate legislative rules,
(Com. Sub. for S. B. 329), Authorizing miscellaneous agencies and boards to promulgate
legislative rules,
(Com. Sub. for S. B.338), Establishing medicaid buy-in program for certain individuals with
disabilities,
(S. B. 352), Relating to jobs act,
(S. B. 357), Relating to standard non-forfeiture law for individual deferred annuities,
(S. B. 375), Allowing transfer of contractor's license to new business entity in certain cases,
(S. B. 384), Repealing section relating to location of offices of alcohol beverage control
administration,
(S. B. 388), Modifying requirements for titling and registration of imported vehicles,
(Com. Sub. for S. B. 422), Allowing public service commission to change certain rates for
municipalities or cooperative utilities,
(Com. Sub. for S. B. 437), Requiring joint committee on government and finance approve
certain acquisitions, construction and long-term agreements,
(Com. Sub. for S. B. 440), Establishing Contractors Notice and Opportunity to Cure Act,
(S. B. 485), Authorizing insurance commissioner to enter into certain agreements and
compromises,
(Com. Sub. for S. B. 494), Regulating fees between cemeteries, certain companies and
veterans for setting grave markers,
(Com. Sub. for S. B. 496), Creating Motor Fuels Excise Tax Act,
(Com. Sub. for S. B. 522), Relating to public education generally; improving governance; faculty senate meetings; other provisions,
(S. B. 531), Relating to consumers sales and service tax; exemptions,
(Com. Sub. for S. B. 534), Creating Third-Party Administrator Act,
(Com. Sub. for S. B. 558), Establishing County and Municipal Economic Opportunity
Development District Acts,
(Com. Sub. for S. B. 611), Defining podiatric medical assistants; other provisions,
(S. B. 626), Revising works act,
(S. B. 646), Establishing centers for economic development and technology advancement at
higher education institutions,
(S. B. 648), Relating to election laws generally,
(Com. Sub. for S. B. 651), Creating academy of science and technology,
(S. B. 652), Renaming Marion health care hospital John Manchin, Sr., health care center,
(S. B. 654), Extending supervision for certain sex offenders,
And,
(S. B. 657), Relating to capital company act.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2003
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Mr. Speaker:
Pursuant to the provisions of Section 51, Article VI of the Constitution of West Virginia, I
hereby return Enrolled Committee Substitute for House Bill No. 2050 approved with objections.
My first objection to the bill is contained in the language found in Item No. 9, page 17, lines
9 through 14, which states:
"Any unexpended balances remaining in the appropriation for Office Automation (fund 0116,
activity 117) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0116, fiscal year 2003, activity 099 ($126,580) which
shall expire on June 30, 2003."
Fund 0116, fiscal year 2003, activity 099, referred to in the language above, is not
reappropriated. Therefore, I am deleting the phrase "with the exception of fund 0116, fiscal year
2003, activity 099 ($126,580) which shall expire on June 30, 2003" on page 17, lines 12 through 14,
because funds cannot be expired from an account which is not initially reappropriated, making this
language unnecessary.
My second objection to the bill is contained in the language found in Item No. 11, pages 18
and 19, lines 21 through 35, which states:
"Any unexpended balances remaining in the appropriations for Gypsy Moth Program (fund
0131, activity 119), Black Fly Control (fund 0131, activity 137), Mingo County Surface Mine Project
(fund 0131, activity 296), Charleston Farmers Market (fund 0131, activity 476), Capital
Improvements-Total-Surplus (fund 0131, activity 672), Microbiology Program (fund 0131,
activity 785) and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal
year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception
of fund 0131, fiscal year 2003, activity 099 ($79,333), fund 0131, fiscal year 2003, activity 119
($12,930), fund 0131, fiscal year 2003, activity 137 ($65,000), fund 0131, fiscal year 2003, activity
296 ($62,000) and fund 0131, fiscal year 2003, activity 785 ($2,308) which shall expire on June 30,
2003."
Fund 0131, fiscal year 2003, activity 099, referred to in the language above, is not
reappropriated. Therefore, I am deleting the phrase "fund 0131, fiscal year 2003, activity 099 ($79,333)," on page 19, lines 30 and 31, because funds cannot be expired from an account which is
not initially reappropriated, making this language unnecessary.
My third objection to the bill is contained in the language found in Item No. 12, page 19,
which states:
"12-Department of Agriculture-
State Soil Conservation Committee"
Enrolled Senate Bill No. 417, passed March 7, 2002, changed the name to State Conservation
Committee. Therefore, I am deleting the word "Soil" from this item.
My fourth objection to the bill is contained in the language found in Item No. 15, page 21,
lines 9 through 19, which states:
"Any unexpended balances remaining in the above appropriations for Personal Services (fund
0150, activity 001), Annual Increment (fund 0150, activity 004) and Employee Benefits (fund 0150,
activity 010) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the
fiscal year 2004, with the exception of fund 0150, fiscal year 2003, activity 001 ($83,443), fund 0150,
fiscal year 2003, activity 010 ($23,332), fund 0150, fiscal year 2003, activity 099 ($19,314), fund
0150, fiscal year 2003, activity 740 ($11,560) and fund 0150, fiscal year 2003, activity 913 ($2,815)
which shall expire on June 30, 2003."
Fund 0150, fiscal year 2003, activity 099, fund 0150, fiscal year 2003, activity 740, and fund
0150, fiscal year 2003, activity 913, referred to in the language above, are not reappropriated.
Therefore, I am deleting the phrase "fund 0150, fiscal year 2003, activity 099 ($19,314), fund 0150,
fiscal year 2003, activity 740 ($11,560) and fund 0150, fiscal year 2003, activity 913 ($2,815)" on
page 21, lines 16 through 18, because funds cannot be expired from an account which is not initially
reappropriated, making this language unnecessary.
My fifth objection to the bill is contained in the language found in Item No. 35, page 31, lines
3 through 6, which states:
"3 Educational Programs at Beckley
4 Center (R) 192 -0-
5 Educational Programs at Beckley
6 and Burlington Centers (R) 975 467,048"
The (R) referred to in the language above is intended to denote items that are reappropriated.
Fund 0314, fiscal year 2003, activity 192, and fund 0314, fiscal year 2003, activity 975 are not
reappropriated. Therefore, I am deleting the "(R)" in lines 4 and 6 since these activities are not
reappropriated, making this language unnecessary.
My sixth objection to the bill is contained in the language found in Item No. 62, page 51, lines
25 through 30, which states:
"From the above appropriation to Unclassified, on July 1, 2003, the sum of $50,000 shall be
transferred to the department of agriculture--land division as advance payment for the purchase of
food products; actual payments for such purchases shall not be required until such credits have been
completely expended."
The budget bill for FY 2004 does not contain an appropriation for Unclassified within this
fund. The appropriations for paying this transfer have been distributed to the various
institutions/activities within this fund. Therefore, I am deleting the phrase "to Unclassified" on page
51, line 25, thereby allowing the referenced transfer to be made from the appropriate
institutions/activities.
My seventh objection to the bill is contained in the language found in Item No. 88, pages 68
and 69, lines 4 through 21, which states:
"Any unexpended balances remaining in the appropriations for Independently Accredited
Community and Technical College Development (fund 0591, activity 491) and Research Challenge
(fund 0591, activity 502) at the close of the fiscal year 2003 are hereby reappropriated for expenditure
during the fiscal year 2004, with the exception of fund 0591, fiscal year 2003, activity 491,
organization 0441 ($1,632), fund 0351, fiscal year 2003, activity 491, organization 0464 ($7,950),
fund 0355, fiscal year 2003, activity 491, organization 0482 ($7,938), fund 0361, fiscal year 2003,
activity 491, organization 0484 ($62,872), fund 0364, fiscal year 2003, activity 491, organization
0485 ($56,808), fund 0377, fiscal year 2003, activity 491, organization 0491 ($15,713), fund 0380, fiscal year 2003, activity 491, organization 0487 ($7,140), fund 0383, fiscal year 2003, activity 491,
organization 0489 ($4,129), fund 0587, fiscal year 2003, activity 491, organization 0492 ($5,436) and
fund 0348, fiscal year 2003, activity 502, organization 0348 ($6,344) which shall expire on June 30,
2003."
I am deleting the phrase "organization 0348" on page 69, lines 20 and 21, because this is an
incorrect organization number and does not relate to the fund number listed, which is correct.
My eighth objection to the bill is contained in the language found in Item No. 232, page 133,
lines 30 through 33, which states:
"Included in the appropriation for Higher Education--Special Projects is $1,400,000 for the
WVU--Health Sciences Eastern Rural Health Initiative and $561,808 for the Fairmont State College
E-Learning Clusters and Services."
The total of the two items listed above for WVU--Health Sciences Eastern Rural Health
Initiative and Fairmont State College E-Learning Clusters and Services is $1,961,808. This amount
exceeds the actual appropriation of $1,906,808 for Higher Education--Special Projects by $60,000.
Therefore, in order to ensure the amounts for the above-designated items are in agreement
with the appropriation, I have reduced the amount on page 133, line 32, for Fairmont State College
E-Learning Clusters and Services by $60,000 and entered a new total of $501,808.
My ninth objection to the bill is contained in the language found in Item No. 250, page 139,
which states:
"250--Department of Agriculture--
State Soil Conservation Committee"
Enrolled Senate Bill No. 417, passed March 7, 2002, changed the name to State Conservation
Committee. Therefore, I am deleting the word "Soil" from this item.
Very truly yours,
Bob Wise,
Governor.
At 2:05 p.m., on motion of Delegate Staton, the House of Delegates recessed until 2:20 p.m., and reconvened at that time.
Action of His Excellency, the Governor, on other bills following adjournment of the session,
is indicated in communications, addressed to the Secretary of State, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, 25305
April 2, 2003
Veto Message
The Honorable Joe Manchin, III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled House Bill No. 2414.
House Bill No. 2414 amends certain provisions of the West Virginia Code relating to horse
and dog racing. For instance, its proposed amendments increases from ten to thirteen the number of
racing performances during a calendar day by associations qualifying for alternative tax credits,
provides specific requirements to establish bona fide residents in this State to qualify for distributions
from the West Virginia Greyhound Breeding Development Fund, and, under certain circumstances,
increases the number of restricted races available at pari-mutuel thoroughbred horse tracks. I support
each of these proposed amendments to present law.
Nevertheless, I must object to the proposed amendments deleting those provisions in West
Virginia Code §19-23-13 establishing a special account consisting of unredeemed pari-mutuel tickets
for the purpose of providing health and disability benefits to eligible active and disabled West
Virginia jockeys and their dependents. This proposed amendment does not seek to eliminate a long-
standing health and disability benefit fund. Instead, the proposed amendment seeks to eliminate a fund that was only recently established by Senate Bill No. 1006, enacted by the Legislature in the
2001 First Extraordinary Session.
Very truly yours,
Bob Wise
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 2, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss,
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove Enrolled House Bill No. 2670.
The purpose of House Bill No. 2670 is to continue the Workers' Compensation Office of
Judges. Though continuing the Office of Judges is an action I support, on March 27, 2003, I signed
legislation that has achieved this end, Enrolled House Bill No. 3195. For this reason, I must veto
House Bill No. 2670.
Very truly yours,
Bob Wise
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, 25305
April 2, 2003
Veto Message
The Honorable Joe Manchin, III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled House Bill No. 3051.
The purpose of the West Virginia Governmental Ethics Act is to increase the public's
confidence in the political process, an objective I heartily support. Regrettably, despite its good
intentions, I do not believe this Bill fully satisfies that objective.
The purpose of House Bill No. 3051 is to amend the Financial Disclosure Statement rules, so
as to reduce the $100 gift-reporting threshold for legislative members and other elected and appointed
public officials to a $50 threshold, and increase the reporting threshold amount when lobbyists must
report expenditures on behalf of a legislator from $25 to $50 per reporting period. During a regular
year, there are three reporting periods and each extraordinary session adds another reporting period.
Thus given the frequency of special sessions, there may be as many as six or seven reporting periods
in any given year.
Though it would not be unreasonable, due to inflation, to increase the amount a lobbyist may
spend on a legislator from $25 to $50 per reporting period, I must object to this Bill because the
wording of the Bill would allow a lobbyist to spend large amounts of money on a legislator without
ever requiring that the legislator be identified. Indeed, this is so because in any given year, due to the
number of special sessions, the amount of money anonymously spent on one legislator may be
excessive. This would transform the report from an open to a closed reporting system, in effect
denying the expenditure information which has heretofore been public information.
Finally, the provisions of this Bill lowering the reporting threshold for legislators and public servants to report gifts from $100 annually to $50 annually could ensnare the unwitting public servant
in a technical violation of the rules. With the existing $25 lobbyist reporting threshold, legislators
rarely need to worry about keeping track of the value of meals accepted from lobbyists. With a $50
per reporting period threshold, entertainment can be expected to increase, and with it the need for
careful records to ensure that the legislators identify and report on their Financial Disclosure
Statements those lobbyists from whom they have accepted more than $50 in meals and beverages.
This legislation may inadvertently imperil legislators who innocently and unintentionally fail to report
those gifts.
For the reasons outlined above, I must veto this legislation.
Very truly yours,
Bob Wise
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston
April 2, 2003
Veto Message
The Honorable Joe Manchin, III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I must reluctantly disapprove and return Enrolled Senate Bill No. 329.
The purpose of Senate Bill No. 329 is to promulgate or continue rules for various executive
and administrative agencies. Such agencies include the Department of Agriculture, the Contractor
Licensing Board, the Board of Dental Examiners, the Governor's Committee on Crime, Delinquency and Correction, and the Secretary of State, to name a few. Senate Bill No. 329, as an omnibus rules
bill, fails to meet the single-object rule as required by the Supreme Court of Appeals of West Virginia
decision in Kincaid v. Mangum. Kincaid serves to prevent logrolling and other deceiving tactics by
requiring that each bill embrace a single subject, or at least a reasonable relationship uniting various
subjects. Logrolling is defined as the practice of several minorities combining their several proposals
as different provisions of a single bill, thus consolidating their votes to obtain a majority for passage.
During the past three regular legislative session, I have approved rules bills, and all
substantially comported with the single-object rule. Unfortunately, in Senate Bill No. 329 there is no
single reasonable basis for grouping these miscellaneous boards, agencies and departments into one
omnibus bill, thus missing the spectre of logrolling. Therefore, I must veto this legislation.
This veto message should not be interpreted to mean that I consider all omnibus rules bills
unconstitutional. It is clear from Kincaid that an omnibus bill is constitutional if a reasonable basis
for grouping of various matters in a bill exists, and if the use of an omnibus bill will not lead to
deception. The subjects contained within this Bill simply did not have the necessary nexus to be
grouped into a single bill. Therefore, that many of the subjects within this Bill failed to fit under any
specific agency or department is not a commonality for which a reasonable grouping may be justified.
In this case, Senate Bill No. 329 dealt with eighteen subjects. Though I am vetoing this legislation
for violating the single-object rule, rather than suggesting that the Legislature should pass eighteen
separate bills, it would have been more advisable to group the subjects in such a way as to enact
perhaps no more than eight separate bills in compliance with the single-object rule.
For these reasons, I must veto Enrolled Senate Bill No. 329. I urge the Legislature to take up
these rules bill at its earliest opportunity and return them to my office for approval.
Very truly yours,
Bob Wise
Governor.
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston, 25305
April 2, 2003
Veto Message
The Honorable Joe Manchin, III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section Fourteen, Article Seven of the Constitution of West
Virginia, I hereby disapprove and return Enrolled Senate Bill No. 437.
Senate Bill 437 amends the powers of the State Building Commission and the law of the state
Purchasing Division by providing for certain procedures encouraging the Department of
Administration to use lease-purchase arrangements for the construction or acquisition of buildings
or office space for state agencies. I believe that alternative methods for financing the construction or
acquisition of state buildings should be explored given limited state resources and the urgent need to
modernize many of this State's facilities. Nevertheless, I must object to this Bill in its present form
because it requires the Executive Branch t submit to a reporting process that upsets the balance struck
by the constitutional doctrine of the separation of powers.
More specifically, the provision I object to in the Bill requires the Department of
Administration to submit to the Joint Committee on Government and Finance for prior review
complete copies of any purchase or lease-purchase agreement, or other agreement for the acquisition
of buildings or office space for a state agency where the aggregate cost is equal to or greater than one
million dollars. While I accept and agree that in the normal course of preparing the budget for each
fiscal year, Executive Branch agencies must explain and justify to the Legislature the amounts
requested in their individual budgets, and the purposes for which such moneys are to be spent. I
further accept and agree that Executive Branch agencies should be required to submit to audits by the
Legislature of moneys spent in preceding fiscal years. I do not agree, however, that these agencies should be required to submit entire contractual agreements for prior review by a joint committee of
the Legislature.
Requiring the Executive Branch to submit virtually every contractual agreement to purchase
a building to a committee of the Legislature for prior review undercuts the constitutional and statutory
authority of the Executive Branch to execute faithfully the laws of this State. Once the budget has
been approved, authorizing the construction of a state building, and appropriating the moneys to do
so, then the Executive Branch must be left to execute the law as it sees fit within the parameters of
that authority. It should not be required to return to a committee of the Legislature in order to present
the details of its contractual agreements for prior review. While the Bill does not go so far as to
require prior approval of the Legislature of those contractual agreements, such a future amendment
could be logically implied by that first requirement. Finally, as a practical matter, the prior review
requirement may have a chilling effect on the consummation of such agreements because private
business parties would neither expect nor want public debate over the terms of their real estate
agreements with state agencies.
Notwithstanding this action, I must underscore my continued support for the adoption of
alternative financing arrangements for the construction or acquisition of state buildings and office
space.
Very truly yours,
Bob Wise
Governor.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had completed the business of the First Regular
Session of the Seventy-sixth Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Varner, Pino and Trump.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His
Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Varner, Pino and Trump.
Messages from the Senate
A message from the Senate, by
Senators White, Rowe and Smith, announced that the Senate had completed the business of
this First Regular Session and was ready to adjourn sine die.
Delegate Varner, from the committee to notify the Senate of impending sine die adjournment,
announced that the committee had performed that duty.
Delegate Varner, from the committee to inform His Excellency, the Governor, that the
Legislature had completed the business of this First Regular Session and was ready to adjourn sine
die, announced the performance of that duty.
Messages from the Executive
Subsequent to the adjournment of the session, communications were received from His
Excellency, the Governor, advising that on March 17, 2003, he approved Com. Sub. for H. B. 2406,
H. B. 2441, H. B. 2514, Com. Sub. for H. B. 2556, Com. Sub. for H. B. 2599, Com. Sub. for H. B.
2603, Com. Sub. for H. B. 2648, H. B. 2794, H. B. 3037, Com. Sub. for H. B. 3068, H. B. 3095 and
S. B. 112; and on March 18, 2003, he approved Com. Sub. for H. B. 2001, Com. Sub. for H. B. 2190,
H. B. 2224, Com. Sub. for H. B. 2357, Com. Sub. for H. B. 2443, Com. Sub. for H. B. 2500, Com.
Sub. for H. B. 2529, Com. Sub. for H. B. 2615, Com. Sub. for H. B. 2625, H. B. 2669, Com. Sub.
for H. B. 2714, Com. Sub. for H. B. 2868, H. B. 2870, Com. Sub. for H. B. 2910, Com. Sub. for H.
B. 2965, H. B. 3077, H. B. 3104, H. B. 3108, Com. Sub. for H. B. 3117 and H. B. 3199; and on
March 20, 2003, he approved H. B. 2110, H. B. 2534, Com. Sub. for H. B. 2592, Com. Sub. for H.
B. 2694, H. B. 2700, Com. Sub. for H. B. 2902, Com. Sub. for H. B. 2948, H. B. 3016, H. B. 3018,
H. B. 3045, Com. Sub. for S. B. 354. Com. Sub. for S. B. 364, Com. Sub. for S. B. 387, S. B. 428, Com. Sub. for S. B. 583, S. B. 634 and S. B. 635; and on March 21, 2003, he approved H. B. 2118,
H. B. 2878, H. B. 2975, Com. Sub. for H. B. 3046, H. B. 3050, H. B. 3204, H. B. 3205, H. B. 3206,
Enr. H. B. 3207, H. B. 3208, H. B. 3209, H. B. 3210, H. B. 3211, H. B. 3212, H. B. 3214, H. B. 3215,
H. B. 3216, H. B> 3217, H. B. 3218, S. B. 336, Com. Sub. for S. B. 383, Com. Sub. for S. B. 424,
S. B. 636, S. B. 637, S. B. 638, S. B. 639, S. B. 640, S. B. 641, S. B. 642, S. B. 643, S. B. 644, S. B.
645, S. B. 658, S. B. 659, S. B. 660, S. B. 661 and S. B. 662; and on March 27, 2003, he approved
Com. Sub. for H. B. 2003, Com. Sub. for H. B. 2051, Com. Sub. for H. B. 2239, Com. Sub. for H.
B. 2240, H. B. 2285, Com. Sub. for H. B. 2480, H. B. 2486, Com. Sub. for H. B. 2512, H. B. 2554,
Com. Sub. for H. B. 2702, Com. Sub. for H. B. 2705, Com. Sub. for H. B. 2715, H. B. 2750, Com.
Sub. for H. B. 2753, H. B. 2764, Com. Sub. for H. B. 2818, H. B. 2831, H. B. 2840, H. B. 2847,
Com. Sub. for H. B. 2865, H. B. 2879, H. B. 2916, Com. Sub. for H. B. 2972, H. B. 2984, H. B.
3009, H. B. 3019, H. B. 3062, Com. Sub. for H. B. 3070, H. B. 3084, H. B. 3093, Com. Sub. for H.
B. 3109, H. B. 3195, H. B. 3203, Com. Sub. for S. B. 39, S. B. 52, S. B. 95, Com. Sub. for S. B. 162,
S. B. 189, S. B. 190, S. B. 337, S. B. 342, S. B. 356, S. B. 358, S. B. 381, Com. Sub. for S. B. 405,
Com. Sub. for S. B. 412, Com. Sub. for S. B. 432, S. B. 436, Com. Sub. for S. B. 453, S. B. 486, S.
B. 589, S. B. 608 and S. B. 655; and on March 31, 2003, he approved Com. Sub. for S. B. 287; and
on April 1, 2003, he approved Com. Sub. for H. B. 2092, Com. Sub. for H. B. 2477, H. B. 2555, H.
B. 2748, H. B. 2752, H. B. 2779, H. B. 2797, Com. Sub. for H. B. 2814, H. B. 2829, H. B. 2830,
Com. Sub. for H. B. 2881, H. B. 2882, H. B. 2888, H. B. 2889, H. B. 2961, H. B. 2983, H. B. 3011,
H. B. 3027, H. B. 3089, Com. Sub. for H. B. 3155, S. B. 107, Com. Sub. for S. B. 178, Com. Sub.
for S. B. 191, S. B. 192, Com. Sub. for S. B. 204, Com. Sub. for S. B. 316, Com. Sub. for 338, S. B.
357, S. B. 375, S. B. 384, S. B. 400, Com. Sub. for S. B. 422, S. B. 443, Com. Sub. for S. B. 455, S.
B. 485, S. B. 488, S. B. 493, Com. Sub. for S. B. 505, Com. Sub. for S. B. 510, Com. Sub. for S. B.
534, Com. Sub. for S. B. 611, S. B. 626, S. B. 646, S. B. 648, Com. Sub. for S. B. 651; and on April
2, 2003, he approved Com. Sub. for H. B. 2083, Com. Sub. for H. B. 2511, Com. Sub. for H. B. 2675,
H. B. 2751, Com. Sub. for H. B. 2799, H. B. 2802, Com. Sub. for H. B. 2835, H. B. 2864, H. B.
2953, Com. Sub. for H. B. 3056, S. B. 105, Com. Sub. for S. B. 180, Com. Sub. for S. B. 206, Com. Sub. for S. B. 213, S. B. 352, S. B. 388, Com. Sub. for S. B. 404, S. B. 430, Com. Sub. for S. B. 440,
Com. Sub. for S. B. 494, Com. Sub. for S. B. 496, Com. Sub. for S. B. 522, S. B. 531, Com. Sub. for
S. B. 535, Com. Sub. for S. B. 558, S. B. 627, S. B. 649, S. B. 652, S. B. 654 and S. B. 657.
There being no further business to come before the House, at 2:55 p.m., on motion of Delegate
Staton, the House of Delegates adjourned sine die.
__________*__________
We hereby certify that the forgoing record of the proceedings of the House of Delegates, First
Regular Session, 2003, is the official Journal of the House of Delegates for said session.
Robert S. Kiss
Speaker of the House of Delegates
Gregory M. Gray
Clerk of the House of Delegates