sdj-68th day I

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
EXTENDED SESSION, 2003
SIXTY-EIGHTH DAY
____________

Charleston, W. Va., Sunday, March 16, 2003

     The Senate met at 1:30 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Saturday, March 15, 2003,
     On motion of Senator Chafin, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for S. B. No. 522), Authorizing county boards of education to lease school property no longer needed.
     (Com. Sub. for H. B. No. 2118), Adjusting the retirement benefits for all members of the West Virginia state police retirement system.
     (H. B. No. 2224), Relating to higher education reorganization.
     (H. B. No. 2878), Allowing certain municipalities providing advanced life support ambulance services to examine, train and employ fire medics.
     (H. B. No. 2975), Providing a window for persons who were members of PERS and who left state employment withdrawing their PERS moneys to buy back their time with interest.
     (Com. Sub. for H. B. No. 3046), Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement.
     And,
     (H. B. No. 3050), Authorizing the county commission of Jefferson County to convey parcel of county-owned land to the Jefferson County fairgrounds.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                                   Chair, House Committee.
     Without objection, the Senate returned to the third order of business.
Executive Communications
     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 14, 2003

March 15, 2003

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 522.
     Enrolled Committee Substitute for Senate Bill No. 522 relates generally to certain practices of county boards of education. I object to this bill in its present form at the request of the Legislature because of certain procedural errors.
     Notwithstanding this action, and because the Legislature is presently in extended session, I urge it to take up the bill again, correct those errors and then return the bill to my desk for approval.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Senator Chafin moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Com. Sub. for Senate Bill No. 522, Authorizing county boards of education to lease school property no longer needed.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Committee Substitute for Senate Bill No. 522, the same was put and prevailed.
     On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page two, after the enacting section, by inserting the following:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR EDUCATION.

§18-1-1. Definitions.
     The following words used in this chapter and in any proceedings pursuant thereto shall, unless the context clearly indicates a different meaning, be construed as follows:
     (a) "School" means the pupils and teacher or teachers assembled in one or more buildings, organized as a unit;
     (b) "District" means county school district;
     (c) "State board" means the West Virginia board of education;
     (d) ~~"Board"~~ "County board" or "board" means the county board of education;
     (e) "State superintendent" means the state superintendent of free schools;
     (f) ~~"Superintendent"~~ "County superintendent" or "superintendent" means the county superintendent of schools;
     (g) "Teacher" means teacher, supervisor, principal, superintendent or public school librarian; registered professional nurse, licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board of education, who has a baccalaureate degree; or any other person regularly employed for instructional purposes in a public school in this state;
     (h) "Service personnel" means all nonteaching school employees not included in the above definition of "teacher";
     (i) "Social worker" means a nonteaching school employee who, at a minimum, possesses an undergraduate degree in social work from an accredited institution of higher learning and who provides various professional social work services, activities or methods as defined by the state board for the benefit of students;
     (j) "Regular full-time employee" means any person employed by a county board of education who has a regular position or job throughout his or her employment term, without regard to hours or method of pay;
     (k) "Career clusters" means broad groupings of related occupations;
     (l) "Work-based learning" means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity;
     (m) "School-age juvenile" means any individual who is entitled to attend or who, if not placed in a residential facility, would be entitled to attend public schools in accordance with: (1) Section five, article two of this chapter; (2) sections fifteen and eighteen, article five of this chapter; or (3) section one, article twenty of this chapter;
     (n) "Student with a disability" means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter;
     (o) "Low-density county" means a county whose ratio of student population to square miles is less than or equal to the state average ratio as computed by the state department of education;
     (p) "High-density county" means a county whose ratio of student population to square miles is greater than the state average ratio as computed by the state department of education; and
     (q) "Casual deficit" means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year.
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-4. Organization; appointment, compensation and duties of secretary.

     At its first regular meeting in every year the state board shall elect one of its members as president, who ~~shall not succeed himself as president~~ may serve an unlimited number of terms, but no more than two consecutive terms, and one as vice president of the board. The state superintendent shall be the chief executive officer of the state board and, subject to its direction, shall execute its policies.
     The state board shall appoint a secretary and fix ~~his~~ the secretary's salary to be paid out of the general school fund upon warrants drawn by the state superintendent. The secretary shall keep a record of the proceedings of the state board and shall perform such other duties as it may prescribe.

§18-2-5g. Duty to receive and submit summary of policy modifications and annual reports.

In addition to filing each policy as required by section fourteen, article five of this chapter, the state board shall require each county board to provide a summary of any modifications to the policies and copies of annual reports developed pursuant to said section. The state board shall submit copies of these summaries of modifications to the policies and annual reports, together with any comments and recommendations, to the legislative oversight commission on education accountability no later than the thirty-first day of December of each year.

ARTICLE 2E. HIGH-QUALITY EDUCATIONAL PROGRAMS.

§18-2E-7. Providing for high-quality basic skills development and remediation in all public schools.

     (a) The Legislature finds that teachers must be provided the support, assistance and teaching tools necessary to meet individual student instructional needs on a daily basis in a classroom of students who differ in learning styles, learning rates and in motivation to learn. The Legislature further finds that attaining a solid foundation in the basic skills of reading, composition and arithmetic is essential for advancement in higher education, occupational and avocational pursuits and that computers are an effective tool for the teacher in corrective, remedial and enrichment activities. Therefore, the state board shall develop a plan which specifies the resources to be used to provide services to students in the earliest grade level and moving upward as resources become available based on a plan developed by each individual school team.
     This plan must provide for standardization of computer hardware and software, and for technology upgrade and replacement, for the purposes of achieving economies of scale, facilitating teacher training, permitting the comparison of achievement of students in schools and counties utilizing the hardware and software, and facilitating the repair of equipment and ensuring appropriate utilization of the hardware and software purchased for remediation and basic skills development.
     The state board shall determine the computer hardware and software specifications after input from practicing teachers at the appropriate grade levels and with the assistance of education computer experts and the curriculum technology resource center.
     Computer hardware and software shall be purchased either directly or through a lease-purchase arrangement pursuant to the provisions of article three, chapter five-a of this code in the amount equal to anticipated revenues being appropriated: Provided, That, with the approval of the state board, the revenues appropriated may be expended directly or through contractual agreements with county boards and regional education service agencies for materials and other costs associated with installation, setup, internet hookup and wiring of the computer hardware and software: Provided, however, That nothing in this section shall be construed to require any specific level of funding by the Legislature.
     The state board shall develop and provide through the state curriculum technology resource center a program to ensure adequate teacher training, continuous teacher support and updates.
     To the extent practicable, such technology shall be utilized to enhance student access to learning tools and resources outside of the normal school day, such as: Before and after school; in the evenings, on weekends and during vacations; and for student use for homework, remedial work, independent learning and career planning and adult basic education.
     (b) The Legislature finds that the continued implementation of computer utilization under this section for high-quality basic skills development and remediation in the middle schools, junior high schools and high schools is necessary to meet the goal that high school graduates will be prepared fully for college, other post-secondary education or gainful employment. Further, such implementation should provide a technology infrastructure at the middle schools, junior high schools and high schools that has multiple applications in enabling students to achieve at higher academic levels. The technology infrastructure should facilitate student development in the following areas:
     (1) Attaining basic computer skills such as word processing, spreadsheets, databases, internet usage, telecommunications and graphic presentations;
     (2) Learning critical thinking and decision-making skills;
     (3) Applying academic knowledge in real life situations through simulated workplace programs;
     (4) Understanding the modern workplace environment, particularly in remote areas of the state, by bringing the workplace to the school;
     (5) Making informed career decisions based upon information on labor markets and the skills required for success in various occupations;
     (6) Gaining access to labor markets and job placement;
     (7) Obtaining information and assistance about college and other post-secondary education opportunities and financial aid; and
     (8) Other uses for acquiring the necessary skills and information to make a smooth transition from high school to college, other post-secondary education or gainful employment.
     Therefore, the state board shall extend the plan as set forth in subsection (a) of this section, and consistent with the terms and conditions in said subsection, to address the findings of this subsection regarding the continued implementation of computer hardware and software and technical planning support in the middle schools, junior high schools and high schools of the state.

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence; evaluation.

There shall be appointed by the state board a state superintendent of schools who shall serve at the will and pleasure of the state board. He or she shall be a person of good moral character, of recognized ability as a school administrator, holding at least a master's degree in educational administration, and shall have had not less than five years of experience in public school work. He or she shall receive an annual salary set by the state board to be paid monthly: Provided, That the annual salary may not exceed one hundred forty-six thousand one hundred dollars. The state superintendent ~~shall~~ also shall receive necessary traveling expenses incident to the performance of his or her duties ~~the traveling expenses~~ to be paid out of the general school fund upon warrants of the state auditor. The state superintendent shall have his or her office at the state ~~capital~~ capitol. The state board shall report to the legislative oversight commission on education accountability upon request concerning its progress during any hiring process for a state superintendent.
The state board annually shall evaluate the performance of the state superintendent and publicly announce the results of the evaluation.

ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

§18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be ~~elected~~ appointed by the board upon a majority vote of the members thereof to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have been ~~elected~~ appointed, each county superintendent shall be eligible for ~~reelection~~ reappointment for additional terms of not less than one, nor more than four years: Provided, That at the expiration of his or her term or terms of service, ~~he shall be given the status of teacher in the system~~ the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons. ~~Such election shall be held~~ The appointment of the county superintendent shall be made on or before the first day of ~~May and the persons so elected shall take office~~ June for a term beginning on the first day of July following the appointment.
(b) A county superintendent who fills a vacancy caused by an incomplete term shall be appointed to serve until the following first day of July: Provided, ~~however~~, That the board may appoint an interim county superintendent to serve for a period not to exceed one hundred twenty days from the occurrence of the vacancy. (c) The president of the county board, immediately upon the ~~election~~ appointment of the county superintendent, or the appointment of an interim county superintendent, shall certify the ~~election or~~ appointment to the state superintendent. ~~of schools.~~ (d) During his or her term of appointment, the county superintendent shall be a resident of the county, or of a contiguous county in this state, which he or she serves. The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.

§18-4-2. Qualifications; health certificate; disability; acting superintendent.

     (a) Each county superintendent shall hold a professional administrative certificate endorsed for superintendent, or a first- class permit endorsed for superintendent, subject to the following:
_____(1) ~~Provided,~~ ~~That a~~ A superintendent who holds a first-class permit may be appointed for ~~only~~ one year only and may be reappointed two times for an additional year each upon an annual evaluation by the county board and a determination of satisfactory performance and reasonable progress toward completion of the requirements for a professional administrative certificate endorsed for superintendent;
     (2) ~~Provided, however,~~ ~~That any~~ Any candidate for superintendent who possesses an earned doctorate from an accredited institution of higher education and either has completed three successful years of teaching in public education ~~and~~ or has the equivalent of three years of experience in management or supervision ~~upon employment~~ as defined by state board rule, after employment by the county board, ~~of education,~~ shall be granted a permanent administrative certificate and shall be a licensed county superintendent;
     (c) Upon finding that the course work needed by a superintendent who holds a first class permit endorsed for superintendent is not available or is not scheduled in a manner at state institutions of higher education which will enable him or her to complete the normal requirements for a professional administrative certificate endorsed for superintendent within the three-year period allowed for appointment and reappointment under the permit, the state board shall adopt a rule in accordance with article three-b, chapter twenty-nine-a of this code, to enable completion of the requirements, or comparable alternative requirements, for a professional administrative certificate endorsed for superintendent.
      (3) The state board shall promulgate a legislative rule in accordance with article three-b, chapter twenty-nine-a of this code to address those cases where a county board finds that coursework needed by the county superintendent who holds a first-class permit is not available or is not scheduled at state institutions of higher education in a manner which will enable the county superintendent to complete normal requirements for a professional administrative certificate within the three-year period allowed under the permit; and
_____(4) Any person employed as assistant superintendent or educational administrator prior to the twenty-seventh day of June, one thousand nine hundred eighty-eight, and who was previously employed as superintendent is not required to hold the professional administrative certificate endorsed for superintendent.
     (b) ~~before entering upon the discharge of his or her duties the~~ In addition to other requirements set forth in this section, a county superintendent shall meet the following health-related conditions of employment:
_____(1) Before entering upon the discharge of his or her duties, file with the president of the county board a ~~health~~ certificate from a reputable physician, on a form prescribed by the state department of education, certifying that he or she is physically fit for the duties of his or her office and that he or she has no infectious or contagious disease; and if the superintendent, due to accident or illness, becomes incapacitated to an extent that could lead to a prolonged absence, the board, upon unanimous vote, may enter an order declaring the incapacity and it shall appoint an acting superintendent until such time as a majority of the members of the board determine that the incapacity no longer exists. However, an acting superintendent shall not serve as such for more than one year, or later than the expiration date of the superintendent's term, whichever is less, without being reappointed by the board of education licensed physician certifying the following:
_____(A) A tuberculin skin test, of the type Mantoux test (PPD skin test), approved by the director of the department of health, has been made within four months prior to the beginning of the term of the county superintendent; and
_____(B) The county superintendent does not have tuberculosis in a communicable state based upon the test results and any further study;
_____(2) After completion of the initial test, the county superintendent shall have an approved tuberculin skin test once every two years or more frequently if medically indicated. Positive reactors to the skin test are to be referred immediately to a physician for evaluation and indicated treatment or further studies;
_____(3) A county superintendent who is certified by a licensed physician to have tuberculosis in a communicable stage shall have his or her employment discontinued or suspended until the disease has been arrested and is no longer communicable; and
_____(4) A county superintendent who fails to complete required follow-up examinations as set forth in this subsection shall be suspended from employment until a report of examination is confirmed.
§18-4-6. Evaluation of county superintendent.
     (a) At least annually, the county board shall evaluate the performance of the county superintendent. The evaluation process to be used shall be one authorized by the state board. The West Virginia school board association shall maintain a catalog of evaluation instruments which comply with this section and shall make them available to county boards.
     (b) At a minimum, the evaluation process shall require the county superintendent and county board to establish written goals or objectives for the county superintendent to accomplish within a given period of time. Additionally, the county board shall evaluate the county superintendent on his or her success in improving student achievement generally across the county and specifically as it relates to the management and administration of low-performing schools.
     (c) The evaluation also may cover the performance of a county superintendent in the areas of community relations, school finance, personnel relations, curricular standards and programs, and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment.
     (d) The evaluation of a county superintendent shall occur in executive session. At the conclusion of the evaluation, the county board shall make available to the public a general statement about the evaluation process and the overall result. Additional information about the evaluation may be released only by mutual consent of the county superintendent and the county board. The county board may use the evaluation results to determine:
     (1) Whether to extend the contract of the county superintendent;
     (2) Whether to offer the county superintendent a new contract; and
     (3) The level of compensation or benefits to offer the county superintendent in any new or extended contract.

§18-4-10. Duties of county superintendent.

     The county superintendent shall:
     (1) Act as the chief executive officer of the county board as may be delineated in his or her contract or other written agreement with the county board and, ~~execute~~ under the direction of the state board, execute all its ~~educational~~ education policies;
     (2) Nominate all personnel to be employed; in case the county board ~~of education~~ refuses to employ any or all of the persons nominated, the county superintendent shall nominate others and submit the same to the county board ~~of education~~ at ~~such~~ a time as the county board may direct. ~~but no such~~ No person or persons shall be employed except on the nomination of the county superintendent;
     (3) Assign, transfer, suspend or promote teachers and all other school employees of the district, subject only to the approval of the county board, and to recommend to the county board their dismissal pursuant to the provisions of this chapter;
     (4) ~~Organize and attend district institutes; organize and direct reading circles and boys' and girls' clubs~~ Report promptly to the county board in such manner as it directs whenever any school in the district appears to be failing to meet the standards for improving education established pursuant to section five, article two-e of this chapter;
     (5) Close ~~temporarily~~ a school temporarily when conditions are detrimental to the health, safety or welfare of the pupils;
     (6) Certify all expenditures and monthly payrolls of teachers and employees;
     (7) Be Serve as the secretary of the county board and attend all meetings of the county board or its committees, except when ~~his~~ the tenure, salary or administration of the county superintendent is under consideration;
     (8) Administer oaths and examine ~~under oath~~ witnesses under oath in any proceedings pertaining to the schools of the district, and have the testimony reduced to writing;
     (9) Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions;
_____~~(9)~~ (10) Exercise all other authority granted by this chapter or required by the county board or state board; and
     ~~(10)~~ (11) ~~Act in~~ In case of emergency, act as the best interests of the school demand. ~~Provided,~~ ~~That an~~ An emergency, as contemplated in this section, ~~shall be~~ is limited to an unforeseeable, catastrophic event, including natural disaster or act of war, ~~Provided, however,~~ ~~That~~ and nothing in this section ~~shall~~ may be construed as granting the county superintendent authority to override any statutory or constitutional provision in the exercise of ~~said~~ his or her emergency power except where such authority is specifically granted in the particular code section.
§18-4-11. Other powers and duties.
     The county superintendent shall:
     (1) Visit the schools as often as ~~practical~~ practicable; observe and make suggestions concerning the instruction and classroom management of the schools and their sanitary conditions;
     (2) Report to the county board cases of incompetence, neglect of duty, immorality or misconduct in office of any teacher or employee;
     (3) Recommend for condemnation buildings unfit for school use;
     ~~(4) Direct the taking of the school census;~~
     ~~(5)~~ (4) Call, at his or her discretion, conferences of principals and teachers to discuss the work of the schools of the district;
     ~~(6)~~ (5) Report to the county board the progress and general condition of the schools;
     ~~(7)~~ (6) Make ~~such~~ reports as ~~are~~ required by the state superintendent. In case the county superintendent fails to report as required, the state superintendent may direct that the ~~superintendent's~~ salary of the county superintendent be withheld until an acceptable report is received; and
_____~~(8)~~ (7) Perform all other duties prescribed in this chapter or required by the county board or the state board.;
     On page five, after section one-a, by inserting the following:

§18-5-1c. Organization of board; evaluation.

(a) On the first Monday of January, following each biennial primary election, each respective board of education shall organize and elect for a two-year term, a president from its own membership and report same promptly to the state superintendent of schools: ~~Provided,~~ That on the first Monday of January, one thousand nine hundred eighty-one, each respective board of education shall elect a president for a term to expire the thirtieth day of June, one thousand nine hundred eighty-two: ~~Provided, however,~~ ~~That on~~ On the first Monday of July, following ~~the~~ each biennial primary election, ~~in the year one thousand nine hundred eighty-two and each biennial primary election thereafter~~ each respective county board ~~of education~~ shall organize and shall elect a president from its own membership for a two-year term. ~~a president from its own membership and~~ The county board shall report ~~same promptly to the state superintendent of schools~~ promptly to the state superintendent the name of the member elected as county board president.
_____(b) Annually, each county board shall assess its own performance using an instrument approved by the state board. In developing or making determinations on approving evaluation instruments, the state board may consult with the West Virginia school board association or other appropriate organizations. The evaluation instrument selected shall focus on the effectiveness of the county board in the following areas:
_____(1) Dealing with its various constituency groups and with the general public;
_____(2) Providing a proper framework and the governance strategies necessary to monitor and approve student achievement on a continuing basis; and
_____(3) Enhancing the effective utilization of the policy approach to governance.
_____At the conclusion of the evaluation, the county board shall make available to the public a summary of the evaluation, including areas in which the board concludes improvement is warranted.

§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.

     (a) The county board shall meet on the first Monday of July, and upon the dates provided by law for the laying of levies, and at any other times the county board fixes upon its records. Subject to adequate public notice, nothing herein shall prohibit the county board from conducting regular meetings in facilities within the county other than the county board office. At any meeting as authorized in this section and in compliance with the provisions of article four of this chapter, the county board may employ qualified teachers, or those who will qualify by the time ~~of entering~~ they enter upon their duties, necessary to fill existing or anticipated vacancies for the current or next ensuing school year. At a meeting of the county board, on or before the first Monday of May, the county superintendent shall furnish in writing to the county board a list of those teachers to be considered for transfer and subsequent assignment for the next ensuing school year. All other teachers not listed are considered as reassigned to the positions held at the time of this meeting. The list of those recommended for transfer shall be included in the minute record and the teachers listed shall be notified in writing. The notice shall be delivered in writing, by certified mail, return receipt requested, to the teachers' last known addresses within ten days following the board meeting, of their having been recommended for transfer and subsequent assignment.
     (b) Special meetings may be called by the president or any three members, but no business may be transacted other than that designated in the call.
     (c) In addition, a public hearing shall be held concerning the preliminary operating budget for the next fiscal year not ~~less~~ fewer than ten days after the budget has been made available to the public for inspection, and within a reasonable time prior to the submission of the budget to the state board for approval. Reasonable time shall be granted at the hearing to any person who wishes to speak regarding any part of the budget. Notice of the hearing shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code.
     (d) A majority of the members of the county board constitutes the quorum necessary for the transaction of official business.
     (e) Board members may receive compensation at a rate not to exceed one hundred sixty dollars per meeting attended, but they may not receive pay for more than fifty meetings in any one fiscal year: ~~Provided,~~ ~~That board~~ Board members who serve on an administrative council of a multicounty vocational center ~~may~~ also may receive compensation for attending up to twelve meetings of the council at the same rate as for meetings of the county board. Meetings of the council are not counted as board meetings for purposes of determining the limit on compensable board meetings.
     (f) Members ~~shall~~ also shall be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses, including all authorized meetings, incurred on official business, at the order of the county board.
     (g) When, by a majority vote of its members, a county board considers it a matter of public interest, the county board may join the West Virginia school board association and the national school board association, and may pay the dues prescribed by the associations and approved by action of the respective county boards. Membership dues and actual traveling expenses of incurred by board members for attending meetings of the West Virginia school board association may be paid by their respective county boards out of funds available to meet actual expenses of the members, but no allowance may be made except upon sworn itemized statements.;

On page six, after section seven, by adding the following:

§18-5-13. Authority of boards generally.
     ~~The boards~~ Each county board, subject to the provisions of this chapter and the rules of the state board, ~~have~~ has the authority:
     (a) To control and manage all of the schools and school interests for all school activities and upon all school property, whether owned or leased by the county, including the authority to require that records be kept of all receipts and disbursements of all funds collected or received by any principal, teacher, student or other person in connection with the schools and school interests, any programs, activities or other endeavors of any nature operated or carried on by or in the name of the school, or any organization or body directly connected with the school, to audit the records and to conserve the funds, which shall be considered quasi-public moneys, including securing surety bonds by expenditure of board moneys;
     (b) To establish schools, from preschool through high school, inclusive of vocational schools; and to establish schools, ~~and~~ programs or both, for post-high school instruction, subject to approval of the state board ~~of education~~;
     (c) To close any school which is unnecessary and to assign the pupils of the school to other schools: Provided, That the closing shall be officially acted upon, and teachers and service personnel involved notified on or before the first Monday in April, in the same manner as provided in section four of this article, except in an emergency, subject to the approval of the state superintendent, or under subdivision (e) of this section;
     (d) To consolidate schools;
     (e) To close any elementary school whose average daily attendance falls below twenty pupils for two months in succession and send the pupils to other schools in the district or to schools in adjoining districts. If the teachers in the closed school are not transferred or reassigned to other schools, they shall receive one month's salary;
     (f) (1) To provide at public expense adequate means of transportation, including transportation across county lines for students whose transfer from one district to another is agreed to by both county boards as reflected in the minutes of their respective meetings, for all children of school age who live more than two miles distance from school by the nearest available road; to provide at public expense, ~~and~~ according to such rules as the board may establish, adequate means of transportation for school children participating in county board-approved curricular and extracurricular activities; ~~and~~ to provide ~~in addition thereto~~ at public expense, by rules and within the available revenues, transportation for those within two miles distance; and to provide, ~~in addition thereto,~~ at no cost to the county board and according to rules established by the board, transportation for participants in projects operated, financed, sponsored or approved by the commission on aging, all subject to the following:
     (A) ~~Provided, That all~~ All costs and expenses incident in any way to transportation for projects connected with the commission on aging shall be borne by the commission, or the local or county chapter of the commission;
     (B) ~~Provided, however, That in~~ In all cases, the school buses owned by the county board ~~of education~~ shall be driven or operated only by drivers regularly employed by the county board; ~~of education:~~
     (C) ~~Provided further, That the~~ The county board may provide, under rules established by the state board, for the certification of professional employees as drivers of county board-owned vehicles with a seating capacity of less than ten passengers used for the transportation of pupils for school-sponsored activities other than transporting students between school and home. ~~And provided further, That the~~ The use of the vehicles shall be limited to one for each school-sponsored activity; and
_____(D) ~~And provided further, That buses~~ Buses shall be used for extracurricular activities as provided in this section only when the insurance provided for by this section is in effect.
     (2) To enter into agreements with one another as reflected in the minutes of their respective meetings to provide, on a cooperative basis, adequate means of transportation across county lines for children of school age subject to the conditions and restrictions of this ~~subdivision~~ subsection and ~~subdivision~~ subsection (h) of this section;
     (g) (1) To lease school buses operated only by drivers regularly employed by the county board to public and private nonprofit organizations or private corporations to transport school- age children to and from camps or educational activities in accordance with rules established by the county board. All costs and expenses incurred by or incidental to the transportation of the children shall be borne by the lessee;
     (2) To contract with any college or university or officially recognized campus organizations to provide transportation for college or university students, faculty or staff to and from the college or university. ~~Provided, That~~ ~~only~~ Only college and university students, faculty and staff ~~are being~~ may be transported pursuant to this section. The contract shall include consideration and compensation for bus operators, repairs and other costs of service, insurance and any rules concerning student behavior;
     (h) To provide at public expense for insurance against the negligence of the drivers of school buses, trucks or other vehicles operated by the board; and if the transportation of pupils is contracted, then the contract for the transportation shall provide that the contractor shall carry insurance against negligence in an amount specified by the board;
     (i) To provide solely from county board funds for all regular full-time employees of the county board all or any part of the cost of a group plan or plans of insurance coverage not provided or available under the West Virginia public employees insurance act;
     (j) To employ teacher aides, to provide in-service training for teacher aides, the training to be in accordance with rules of the state board and, in the case of service personnel assuming duties as teacher aides in exceptional children programs, to provide a four-clock-hour program of training prior to the assignment which shall, in accordance with rules of the state board, consist of training in areas specifically related to the education of exceptional children;
     (k) To establish and conduct a self-supporting dormitory for the accommodation of the pupils attending a high school or participating in a post-high school program and of persons employed to teach in the high school or post-high school program;
     (l) To At the board's discretion, to employ, contract with or otherwise engage legal counsel in lieu of utilizing the prosecuting attorney to advise, attend to, bring, prosecute or defend, as the case may be, any matters, actions, suits and proceedings in which the board is interested;
     (m) To provide appropriate uniforms for school service personnel;
     (n) To provide at public expense and under rules as established by any county board ~~of education~~ for the payment of traveling expenses incurred by any person invited to appear to be interviewed concerning possible employment by the county board; ~~of education;~~
     (o) To allow or disallow their designated employees to use publicly provided carriage to travel from their residences to their workplace and return: Provided, That the usage is subject to the supervision of the county board and is directly connected with and required by the nature and in the performance of the employee's duties and responsibilities;
     (p) To provide, at public expense, adequate public liability insurance, including professional liability insurance for county board employees;
     (q) To enter into agreements with one another to provide, on a cooperative basis, improvements to the instructional needs of each ~~county~~ district. The cooperative agreements may be used to employ specialists in a field of academic study or support functions or services, for the academic study. The agreements are subject to approval by the state board; ~~of education;~~
     (r) To provide information about vocational or higher education opportunities to students with handicapping conditions. The county board shall provide in writing to the students and their parents or guardians information relating to programs of vocational education and to programs available at state-funded institutions of higher education. The information may include sources of available funding, including grants, mentorships and loans for students who wish to attend classes at institutions of higher education;
     (s) To enter into agreements with one another, with the approval of the state board, for the transfer and receipt of any and all funds determined to be fair when students are permitted or required to attend school in a ~~county~~ district other than the ~~county~~ district of their residence; and
     (t) To enter into job-sharing arrangements, as defined in section one, article one, chapter eighteen-a of this code, with its ~~professional~~ employees, subject to the following provisions:
_____(1) ~~Provided,~~ ~~That a~~ A job-sharing arrangement shall meet all the requirements relating to posting, qualifications and seniority, as provided for in article four, chapter eighteen-a of this code;
     (2) ~~Provided, however,~~ ~~That notwithstanding~~ Notwithstanding any provisions of this code or legislative rule and specifically the provisions of article ~~fifteen~~ sixteen, chapter five of this code to the contrary, a county board which enters into a job-sharing arrangement ~~wherein~~ in which two or more ~~professional~~ employees voluntarily share an authorized full-time position shall provide the mutually agreed upon employee coverage but shall not offer insurance coverage to more than one of the job-sharing employees, including any group plan or group plans available under the state public employees insurance act;
     (3) Each job-sharing agreement shall be in writing on a form prescribed and furnished by the county board. The agreement shall designate specifically one employee only who is entitled to the insurance coverage. Any employee who is not so designated is not eligible for state public employees insurance coverage regardless of the number of hours he or she works;
_____(4) ~~provided further, That~~ ~~all~~ All employees involved in the job-sharing agreement meet the requirements of subdivision ~~(4)~~ (3), section two, article sixteen, chapter five of this code; and
_____(5) When entering into a job-sharing agreement, the county board and the employees involved in the job-sharing agreement shall consider issues such as retirement benefits, termination of the job- sharing agreement and any other issue the parties to the agreement consider appropriate. Any provision in the agreement relating to retirement benefits shall not cause any cost to be incurred by the retirement system that is more than the cost that would be incurred if a single employee were filling the position.
     "Quasi-public funds" as used in this section means any money received by any principal, teacher, student or other person for the benefit of the school system as a result of curricular or noncurricular activities.
     ~~The board of each county~~ Each county board shall expend under rules it establishes for each child an amount not to exceed the proportion of all school funds of the district that each child would be entitled to receive if all the funds were distributed equally among all the children of school age in the district upon a per capita basis.
§18-5-14. Policies to promote school board effectiveness.
     (a) ~~Prior to~~ No later than the first day of August, ~~one thousand nine hundred ninety-four~~ two thousand three, each county board ~~in this state~~ shall adopt ~~and may modify thereafter as necessary~~ and file with the state board copies of policies and summaries of policies that promote school board effectiveness. These policies may be modified by the county board as necessary, but shall be refiled with the state board following each modification. The policies shall address the following objectives:
_____~~(a)~~ (1) ~~Establish~~ Establishing direct links between the county board and its local school improvement councils, and between the county board and its faculty senates, for the purpose of enabling the county board to receive information, comments and suggestions directly from the councils and faculty senates regarding the broad guidelines for oversight procedures, standards of accountability and planning for future needs as required by this section. ~~and~~ To further development of these linkages, ~~boards~~ each county board shall ~~meet~~:
     (A) Meet at least annually with ~~the full membership~~ a quorum of members from each ~~of their schools'~~ local school improvement ~~councils~~ council in the district, at a time and in a manner to be determined by the county board, except, ~~For purposes of this provision, full membership is defined as at least a quorum of the members of each of the school improvement councils~~ in order to facilitate scheduling, the county board may adopt an alternate procedure allowing it to conduct the required annual meeting with each council in the absence of a quorum of council members if the alternate procedure has received prior approval from the state board and if the school district serves more than twenty thousand students or has more than twelve public schools.
     Nothing ~~herein shall prohibit boards~~ in this section prohibits a county board from meeting with representatives of a local school improvement ~~councils:~~ ~~Provided,~~ ~~That~~ council, but at least one annual meeting is shall be held, as specified ~~herein~~ in this section.
_____At any time and with reasonable advance notice, county boards may schedule additional meetings with the council for any low- performing school in the district;
_____(B) At least thirty days before an annual meeting with each local school improvement council, develop and submit to the council an agenda for the annual meeting which requires the council chair or a member designated by the chair to address items designated by the county board from the report created pursuant to this section and one or more of the following issues:
_____(i) School performance;
_____(ii) Curriculum;
_____(iii) Status of the school in meeting the unified school improvement plan established pursuant to section five, article two-e of this chapter; and
_____(iv) Status of the school in meeting the county plan established pursuant to section five, article two-e of this chapter;
_____(C) Make written requests for information from the local school improvement council throughout the year or hold community forums to receive input from the affected community as the county board considers necessary; and
_____(D) Report details to the state board ~~details~~ concerning ~~such~~ the meeting or meetings held with ~~local school improvement~~ councils, as specified ~~herein, and~~ ~~such~~ in this section. The information shall be provided to the state board at the conclusion of the school year, but no later than the first day of September of each year, and shall become an indicator in the performance accreditation process for each county. In order to facilitate development of this report, a county board may consult with and request assistance from members of the councils.
_____~~Nothing herein shall prohibit boards from meeting with representatives of local school improvement councils:~~ ~~Provided,~~ ~~That at least one annual meeting is held, as specified herein.~~
     ~~(b)~~ (2) ~~Provide~~ Providing for the development of direct links between the county board and the community at large ~~allow~~ allowing for community involvement at regular county board meetings and ~~specify~~ specifying how the county board will ~~regularly~~ communicate regularly with the public regarding important issues;
     ~~(c)~~ (3) ~~Provide~~ Providing for the periodic review of personnel policies of the district in order to determine their effectiveness;
     ~~(d)~~ (4) ~~Set~~ Setting broad guidelines for the school district, including the establishment of specific oversight procedures, development and implementation of standards of accountability, and ~~the~~ development of long-range plans to meet future needs as required by this section; and
     ~~(e)~~ (5) ~~Use~~ Using school-based accreditation and performance data provided by the state board and other available data in county board decisionmaking to meet the education goals of the state and ~~such~~ other goals as the county board may establish.
     (b) On or before the first day of August of each year, county school boards shall review the policies listed in subsection (a) of this section and may modify these policies as necessary.

§18-5-25. Duties of superintendent as secretary of board.

     The county superintendent as secretary of the board shall:
     (1) Take the oath prescribed in the constitution before performing any of the duties of his office;
     (2) Attend all board meetings and record its official proceedings in a book kept for that purpose;
     (3) Record the number of each order issued, the name of the payee, the purpose for which the order was issued and the amount thereof. Every order shall be signed by the secretary and the president of the board;
     (4) Care for and keep all papers belonging to the board, including evidences of title, contracts and obligations. They shall be kept in the secretary's office, accessibly arranged for reference;
     (5) Record and keep on file all papers and documents pertaining to the business of the board;
     (6) Make a tabular report to the board on or before the twentieth day of July, annually, showing all the statistics and facts required by the blanks furnished by the state superintendent. He may collect his material from the annual report of the sheriff, the teachers' register and such other sources as he thinks desirable, and he may accompany his report with such explanation and comment as he deems pertinent;
     ~~(7)~~ (6) Keep the accounts and certify the reports required by law or requested by the board;
     ~~(8)~~ (7) Administer oaths to school officers, teachers and others making reports;
     ~~(9)~~ (8) Deliver in proper condition to his successor all records and property pertaining to his office; and
_____~~(10)~~ (9) Exercise such other duties as are prescribed by law.
§18-5-45. School calendar.
     (a) As used in this section, the following terms have the following meanings:
     (1) Instructional day means a day within the instructional term which meets the following criteria:
     (A) Instruction is offered to students for the amounts of time provided by state board rule;
     ~~(B) A minimum percentage of students, as defined by state board rule, is present in the county schools;~~
     ~~(C)~~ (B) Instructional time is used for instruction, cocurricular activities and approved extracurricular activities and, pursuant to the provisions of subdivision (12), subsection (b), section five, article five-a of this chapter, faculty senates; and
_____~~(D)~~ (C) Such other criteria as the state board determines appropriate.
     (2) Bank time means time added beyond the required instructional day which may be accumulated and used in larger blocks of time during the school year for instructional or noninstructional activities, as further defined by the state board.
     (3) Extracurricular activities are activities under the supervision of the school such as athletics, noninstructional assemblies, social programs, entertainment and other similar activities, as further defined by the state board.
     (4) Cocurricular activities are activities that are closely related to identifiable academic programs or areas of study that serve to complement academic curricula as further defined by the state board.
     (b) Findings. --
     (1) The primary purpose of the school system is to provide instruction for students.
     (2) The school calendar, as defined in this section, is designed to define the school term both for employees and for instruction.
     (3) The school calendar traditionally has provided for one hundred eighty actual days of instruction but numerous circumstances have combined to cause the actual number of instructional days to be less than one hundred eighty.
     (4) The quality and amount of instruction offered during the instructional term is affected by the extracurricular and cocurricular activities allowed to occur during scheduled instructional time.
     (5) Within reasonable guidelines, the school calendar should be designed at least to guarantee that one hundred eighty actual days of instruction are possible.
     (c) The county board shall provide a school term for its schools that contains the following:
     (1) An employment term for teachers of no less than two hundred days, exclusive of Saturdays and Sundays; and
     (2) Within the employment term, an instructional term for students of no less than one hundred eighty separate instructional days.
     (d) The instructional term for students shall include one instructional day in each of the months of October, December, February, April and June which is an instructional support and enhancement day scheduled by the board to include both instructional activities for students and professional activities for teachers to improve student instruction. The instructional activities for students may include, but are not limited to, both in-school and outside-of-school activities such as student mentoring, tutoring, counseling, student research and other projects or activities of an instructional nature, community service, career exploration, parent and teacher conferences, visits to the homes of students, college and financial aid workshops and college visits. The instructional activities for students shall be determined and scheduled at the local school level. The first two hours of the instructional day shall be used for instructional activities for students which require the direct supervision or involvement by teachers, and such activities shall be limited to two hours. To ensure that the students who attend are properly supervised, the instructional activities for students shall be arranged by appointment with the individual school through the principal, a teacher or other professional personnel at the school. The school shall establish a policy relating to the use of the two-hour block scheduled for instructional activities for students. The professional activities for teachers shall include a two-hour block of time immediately following the first two hours of instructional activities for students during which the faculty senate shall have the opportunity to meet. Any time not used by the faculty senate and the remainder of the school day, not including the duty-free lunch period, shall be used for other professional activities for teachers to improve student instruction which may include, but are not limited to, professional staff development, curriculum team meetings, individualized education plan meetings and other meetings between teachers, principals, aides and paraprofessionals to improve student instruction as determined and scheduled at the local school level. Notwithstanding any other provision of law or policy to the contrary, the presence of any specific number of students in attendance at the school for any specific period of time shall not be required on instructional support and enhancement days and the transportation of students to the school shall not be required. Instructional support and enhancement days are also a scheduled work day for all service personnel and shall be used for training or other tasks related to their job classification if their normal duties are not required.
_____~~(d)~~ (e) The instructional term shall commence no earlier than the twenty-sixth day of August and terminate no later than the eighth day of June.
     ~~(e)~~ (f) Noninstructional days shall total twenty and shall be comprised of the following:
     (1) Seven holidays as specified in section two, article five, chapter eighteen-a of this code;
     (2) Election day as specified in section two, article five, chapter eighteen-a of this code;
     (3) Six days to be designated by the county board to be used by the employees outside the school environment; and
     (4) Six days to be designated by the county board for any of the following purposes:
     (A) Curriculum development;
     (B) Preparation for opening and closing school;
     (C) Professional development;
     (D) Teacher-pupil-parent conferences;
     (E) Professional meetings; and
     (F) Making up days when instruction was scheduled but not conducted.
     ~~(f)~~ (g) Three of the days described in subdivision (4), subsection ~~(e)~~ (f) of this section shall be scheduled prior to the twenty-sixth day of August for the purposes of preparing for the opening of school and staff development.
     ~~(g)~~ (h) At least one of the days described in subdivision (4), subsection ~~(e)~~ (f) of this section shall be scheduled after the eighth day of June for the purpose of preparing for the closing of school. If one hundred eighty separate instruction days occur prior to the eighth day of June, this day may be scheduled on or before the eighth day of June.
     ~~(h)~~ (i) At least four of the days described in subdivision (3), subsection ~~(e)~~ (f) of this section shall be scheduled after the first day of March.
     ~~(i)~~ (j) At least two of the days described in subdivision (4), subsection ~~(e)~~ (f) of this section, will be scheduled for professional development. The professional development conducted on these days will be consistent with the goals established by the state board pursuant to the provisions of section twenty-three-a, article two, chapter eighteen of this code.
     ~~(j)~~ (k) Subject to the provisions of subsection ~~(g)~~ (h) of this section, all noninstructional days will be scheduled prior to the eighth day of June.
     ~~(k)~~ (l) ~~The~~ Except as otherwise provided in this subsection, the state board may not schedule the primary statewide assessment program prior to the fifteenth day of May of the instructional year, unless the state board determines that the nature of the test mandates an earlier testing date. For the school year beginning two thousand three only, the state board may not schedule the primary statewide assessment program prior to the fifteenth day of April of the instructional year.
_____~~(l)~~ (m) If, on or after the first day of March, the county board determines that it is not possible to complete one hundred eighty separate days of instruction, the county board shall schedule instruction on any available noninstructional day, regardless of the purpose for which the day originally was scheduled, and the day will be used for instruction: Provided, That the noninstructional days scheduled for professional development shall be the last available noninstructional days to be rescheduled as instructional days: Provided, however, That on or after the first day of March, the county board also may require additional minutes of instruction in the school day to make up for lost instructional days in excess of the days available through rescheduling and, if in its judgment it is reasonable and necessary to improve student performance, to avoid scheduling instruction on noninstructional days previously scheduled for professional development. The provisions of this subsection do not apply to: (1) Holidays; and (2) election day.
     ~~(m)~~ (n) The following applies to bank time:
     (1) ~~Bank~~ Except as provided in subsection (m) of this section, bank time may not be used to avoid one hundred eighty separate days of instruction;
     (2) Bank time may not be used to lengthen the time provided in law for faculty senates;
     (3) The use of bank time for extracurricular activities will be limited by the state board; and
     (4) Such other requirements or restrictions as the state board may provide in the rule required to be promulgated by this section.
     ~~(n)~~ (o) The following applies to cocurricular activities:
     (1) The state board shall determine what activities may be considered cocurricular;
     (2) The state board shall determine the amount of instructional time that may be consumed by cocurricular activities; and
     (3) Such other requirements or restrictions as the state board may provide in the rule required to be promulgated by this section.
     ~~(o)~~ (p) The following applies to extracurricular activities:
     (1) Except as provided by subdivision (3) of this subsection, extracurricular activities may not be scheduled during instructional time;
     (2) The use of bank time for extracurricular activities will be limited by the state board; and
     (3) The state board shall provide for the attendance by students of certain activities sanctioned by the secondary schools activities commission when those activities are related to statewide tournaments or playoffs or are programs required for secondary schools activities commission approval.
     ~~(p)~~ (q) Noninstructional interruptions to the instructional day shall be minimized to allow the classroom teacher to teach.
     ~~(q)~~ (r) Nothing in this section prohibits establishing year- round schools in accordance with rules to be established by the state board.
     ~~(r)~~ (s) Prior to implementing the school calendar, the county board shall secure approval of its proposed calendar from the state board or, if so designated by the state board, from the state superintendent.
     ~~(s)~~ (t) The county board may contract with all or part of the personnel for a longer term.
     ~~(t)~~ (u) The minimum instructional term may be decreased by order of the state superintendent in any county declared a federal disaster area and where the event causing the declaration is substantially related to a reduction of instructional days.
     ~~(u)~~ (v) Where the employment term overlaps a teacher's or service personnel's participation in a summer institute or institution of higher education for the purpose of advancement or professional growth, the teacher or service personnel may substitute, with the approval of the county superintendent, the participation for up to five of the noninstructional days of the employment term.
     ~~(v)~~ (w) The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the purpose of implementing the provisions of this section.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-2. Local school improvement councils; election.
     (a) A local school improvement council shall be established at every school consisting of the following:
     (1) The principal, who shall serve as an ex officio member of the council and be entitled to vote;
     (2) Three teachers elected by the faculty senate of the school;
     (3) Two school service personnel elected by the school service personnel employed at the school;
     (4) Three parent(s), guardian(s) or custodian(s) of students enrolled at the school elected by the parent(s), guardian(s) or custodian(s) members of the school's parent teacher organization: Provided, That if there is no parent teacher organization, the parent(s), guardian(s) or custodian(s) members shall be elected by the parent(s), guardian(s) or custodian(s) of students enrolled at the school in such manner as may be determined by the principal;
     (5) Two at-large members appointed by the principal, one of whom resides in the school's attendance area and one of whom represents business or industry, neither of whom is eligible for membership under any of the other elected classes of members;
     (6) In the case of vocational-technical schools, the vocational director: Provided, That if there is no vocational director, then the principal may appoint no more than two additional representatives, one of whom represents business and one of whom represents industry;
     (7) In the case of a school with students in grade seven or higher, the student body president or other student in grade seven or higher elected by the student body in those grades.
     (b) Under no circumstances may more than one parent member of the council be then employed at that school in any capacity.
_____~~(b)~~ (c) The principal shall arrange for such elections to be held prior to the fifteenth day of September of each school year to elect a council and shall give notice of the elections at least one week prior to the elections being held. To the extent practicable, all elections to select council members shall be held within the same week.
     (d) Parent(s), guardian(s) or custodian(s), teachers and service personnel elected to the council shall serve a two-year term, and elections shall be arranged in such a manner that no more than two teachers, no more than two parent(s), guardian(s) or custodian(s), and no more than one service person are elected in a given year. All other non-ex officio members shall serve one-year terms.
     (e) Council members may only be replaced upon death, resignation, failure to appear at three consecutive meetings of the council for which notice was given, or a change in personal circumstances so that the person is no longer representative of the class of members from which appointed. In the case of ~~replacement, an election shall be held~~ ~~to elect~~ a vacancy in an elected membership, the chair of the council shall appoint another qualified person to serve the unexpired term of the person being replaced or, in the case of an appointed member of the council, the principal shall appoint a replacement as soon as practicable.
     ~~(c)~~ (f) As soon as practicable after the election of council members, and no later than the first day of October of each school year, the principal shall convene an organizational meeting of the school improvement council. The principal shall notify each member in writing at least two employment days in advance of the organizational meeting. At this meeting, the principal shall provide each member with the following:
_____(1) A copy of the current applicable ~~section~~ sections of this code; ~~and~~
     (2) Any state board rule or regulation promulgated pursuant to the operation of these councils; and
_____(3) Any information as may be developed by the department of education on the operation and powers of local school improvement councils and their important role in improving student and school performance and progress.
     (g) The council shall elect from its membership a chair and two members to assist the chair in setting the agenda for each council meeting. The chair shall serve a term of one year and no person may serve as chair for more than two consecutive terms. If the chair's position becomes vacant for any reason, the principal shall call a meeting of the council to elect another qualified person to serve the unexpired term. ~~(d)~~ Once elected, the chair is responsible for notifying each member of the school improvement council in writing two employment days in advance of any council meeting.
     (h) School improvement councils shall meet at least once every nine weeks or equivalent grading period at the call of the chair or by three fourths of its members.
     (i) The local school improvement council shall meet at least annually with the county board, in accordance with the provisions in section fourteen, article five of this chapter. At this annual meeting, the local school improvement council chair, or another member designated by the chair, shall be prepared to address any matters as may be requested by the county board as specified in the meeting agenda provided to the council and may further provide any other information, comments or suggestions the local school improvement council wishes to bring to the county board's attention. Anything presented under this subsection shall be submitted to the county board in writing.
_____~~(e)~~ (j) School improvement councils shall be considered for the receipt of school of excellence awards under section three of this article and competitive grant awards under section twenty-nine, article two of this chapter, and may receive and expend such grants for the purposes provided in such section. In any and all matters which may fall within the scope of both the school improvement councils and the school curriculum teams authorized in section five of this article, the school curriculum teams shall be deemed to have jurisdiction. In order to promote innovations and improvements in the environment for teaching and learning at the school, a school improvement council shall receive cooperation from the school in implementing policies and programs it may adopt to:
     (1) Encourage the involvement of parent(s), guardian(s) or custodian(s) in their child's educational process and in the school;
     (2) Encourage businesses to provide time for their employees who are parent(s), guardian(s) or custodian(s) to meet with teachers concerning their child's education;
     (3) Encourage advice and suggestions from the business community;
     (4) Encourage school volunteer programs and mentorship programs; and
     (5) Foster utilization of the school facilities and grounds for public community activities.
     ~~(f)~~ (k) On or before the eighth day of June, one thousand nine hundred ninety-five, each local school improvement council shall develop and deliver a report to the countywide council on productive and safe schools. The report shall include guidelines for the instruction and rehabilitation of pupils who have been excluded from the classroom, suspended from the school or expelled from the school, the description and recommendation of in-school suspension programs, a description of possible alternative settings, schedules for instruction and alternative education programs and an implementation schedule for such guidelines. The guidelines shall include the following:
     (1) A system to provide for effective communication and coordination between school and local emergency services agencies;
     (2) A preventive discipline program which may include the responsible students program devised by the West Virginia board of education as adopted by the county board of education, pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a of this code; and
     (3) A student involvement program, which may include the peer mediation program or programs devised by the West Virginia board of education as adopted by the county board of education, pursuant to the provisions of subsection (e), section one, article five, chapter eighteen-a of this code.
     ~~(g)~~ (l) The council may include in its report to the countywide council on productive and safe schools provisions of the state board of education policy 4373, student code of conduct, or any expansion of such policy which increases the safety of students in schools in this state and is consistent with the policies and other laws of this state.
     ~~(h)~~ (m) Councils may adopt their own guidelines established under this section. In addition, the councils may adopt all or any part of the guidelines proposed by other local school improvement councils, as developed under this section, which are not inconsistent with the laws of this state, the policies of the West Virginia board of education or the policies of the county board of education.
     (n) The state board of education shall provide assistance to a local school improvement council upon receipt of a reasonable request for that assistance. The state board also may solicit proposals from other parties or entities to provide orientation training for local school improvement council members and may enter into contracts or agreements for that purpose. Any training for members shall meet the guidelines established by the state board.

§18-5A-5. Public school faculty senates established; election of officers; powers and duties.

     (a) There is established at every public school in this state a faculty senate which is comprised of all permanent, full-time professional educators employed at the school who shall all be voting members. Professional educators, as used in this section, means professional educators as defined in chapter eighteen-a of this code. A quorum of more than one half of the voting members of the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of the instructional term each year, but within the employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be held ~~on a regular basis as determined by a schedule approved by the faculty senate and amended periodically if needed~~ during the times provided in accordance with subdivision (12), subsection (b) of this section as determined by the faculty senate. Emergency meetings may be held during noninstructional time at the call of the chair or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty senate shall be available to the members at least two employment days prior to the meeting. For emergency meetings the agenda shall be available as soon as possible prior to the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon by the full body.
     (b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board of education or bylaws which may be adopted by the faculty senate not inconsistent with law, the powers and duties listed in this subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate shall organize its activities as it deems most effective and efficient based on school size, departmental structure and other relevant factors.
     (1) Each faculty senate shall control funds allocated to the school from legislative appropriations pursuant to section nine, article nine-a of this chapter. From such funds, each classroom teacher and librarian shall be allotted fifty dollars for expenditure during the instructional year for academic materials, supplies or equipment which, in the judgment of the teacher or librarian, will assist him or her in providing instruction in his or her assigned academic subjects or shall be returned to the faculty senate: Provided, That nothing contained herein prohibits the funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at risk. The remainder of funds shall be expended for academic materials, supplies or equipment in accordance with a budget approved by the faculty senate. Notwithstanding any other provisions of the law to the contrary, funds not expended in one school year are available for expenditure in the next school year: Provided, however, That the amount of county funds budgeted in a fiscal year may not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such materials, supplies and equipment. Accounts shall be maintained of the allocations and expenditures of such funds for the purpose of financial audit. Academic materials, supplies or equipment shall be interpreted broadly, but does not include materials, supplies or equipment which will be used in or connected with interscholastic athletic events.
     (2) A faculty senate may establish a process for faculty members to interview new prospective professional educators and paraprofessional employees at the school and submit recommendations regarding employment to the principal, who may also make independent recommendations, for submission to the county superintendent: Provided, That such process shall be chaired by the school principal and must permit the timely employment of persons to perform necessary duties.
     (3) A faculty senate may nominate teachers for recognition as outstanding teachers under state and local teacher recognition programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may establish such programs for operation at the school.
     (4) A faculty senate may submit recommendations to the principal regarding the assignment scheduling of secretaries, clerks, aides and paraprofessionals at the school.
     (5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule for the next ensuing school year.
     (6) A faculty senate may establish a process for the review and comment on sabbatical leave requests submitted by employees at the school pursuant to section eleven, article two of this chapter.
     (7) Each faculty senate shall elect three faculty representatives to the local school improvement council established pursuant to section two of this article.
     (8) Each faculty senate may nominate a member for election to the county staff development council pursuant to section eight, article three, chapter eighteen-a of this code.
     (9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at the school.
     (10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate shall select a member who has the duty of maintaining a record of all funds received and expended by the faculty senate, which record shall be kept in the school office and is subject to normal auditing procedures.
     (11) Any faculty senate may review the evaluation procedure as conducted in their school to ascertain whether the evaluations were conducted in accordance with the written system required pursuant to section twelve, article two, chapter eighteen-a of this code and the general intent of this Legislature regarding meaningful performance evaluations of school personnel. If a majority of members of the faculty senate determine that such evaluations were not so conducted, they shall submit a report in writing to the state board of education: Provided, That nothing herein creates any new right of access to or review of any individual's evaluations.
     (12) A local board shall provide to each faculty senate ~~either: (A)~~ ~~A two-hour per month block of instructional time within the instructional day; or (B)~~ a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school prior to the beginning of the instructional term and a two-hour block of time on each instructional support and enhancement day scheduled by the board for instructional activities for students and professional activities for teachers pursuant section forty-five, article five of this chapter. A faculty senate may meet for an unlimited block of time per month during noninstructional days to discuss and plan strategies to improve student instruction and to conduct other faculty senate business. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for which the noninstructional day is scheduled. This time may be utilized and determined at the local school level and includes, but is not limited to, faculty senate meetings.
     (13) Each faculty senate shall develop a strategic plan to manage the integration of special needs students into the regular classroom at their respective schools and submit the strategic plan to the superintendent of the county board of education periodically pursuant to guidelines developed by the state department of education. Each faculty senate shall encourage the participation of local school improvement councils, parents and the community at large in developing the strategic plan for each school.
     Each strategic plan developed by the faculty senate shall include at least: (A) A mission statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal; (E) work in progress to implement the strategic plan; (F) guidelines for placing additional staff into integrated classrooms to meet the needs of exceptional needs students without diminishing the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom teachers who serve students with exceptional needs in integrated classrooms.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.

     (a) The county attendance director and the assistants shall diligently promote regular school attendance. They shall ascertain reasons for inexcusable absences from school of pupils of compulsory school age and students who remain enrolled beyond the sixteenth birthday as defined under this article and shall take such steps as are, in their discretion, best calculated to correct attitudes of parents and pupils which results in absences from school even though not clearly in violation of law.
     (b) In the case of five consecutive or ten total unexcused absences of a child during a school year, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of such child that the attendance of such child at school is required and that within ten days of receipt of the notice the parent, guardian or custodian, accompanied by the child, shall report in person to the school the child attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the inexcusable absences of the child; and if the parent, guardian or custodian does not comply with the provisions of this article, then the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county. If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one summons or warrant may be issued on the same complaint. The summons or warrant shall be executed within ten days of its issuance.
     (c) The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be held within twenty days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days' advance notice of the date, time and place of the hearing.
     (d) When any doubt exists as to the age of a child absent from school, the attendance director shall have authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of such child, stating age of the child. The county attendance director or assistant shall, in the performance of his or her duties, have authority to take without warrant any child absent from school in violation of the provisions of this article and to place such child in the school in which such child is or should be enrolled.
     (e) The county attendance director shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director shall be responsible under direction of the county superintendent for the efficient administration of school attendance in the county.
     (f) In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors shall also perform the following duties:
     ~~(a)~~ (1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;
     ~~(b)~~ (2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
     ~~(c)~~ (3) Cooperate with existing state and federal agencies charged with enforcement of child labor laws;
     ~~(d)~~ (4) Prepare a report for submission by the county superintendent to the state superintendent of schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to article three-b, chapter twenty-nine-a of this code that sets forth student absences that shall be excluded for accountability purposes. The absences that shall be excluded by the rule shall include, but not be limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall ~~also,~~ file with the county superintendent and county board of education at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;
     ~~(e)~~ (5) Promote attendance in the county by the compilation of data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;
     ~~(f)~~ (6) Participate in school teachers' conferences with parents and students;
     ~~(g)~~ (7) Assist in such other ways as the county superintendent may direct for improving school attendance;
     ~~(h)~~ (8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal; and
_____~~(i)~~ (9) ~~The attendance director shall serve~~ Serve as the liaison for homeless children and youth.;
     On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That section one, article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section four, article two of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section five-g; that section seven, article two-e of said chapter be amended and reenacted; that section one, article three of said chapter be amended and reenacted; that sections one and two, article four of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section six; that sections ten and eleven of said article be amended and reenacted; that sections one-a, one-c, four, seven, thirteen, fourteen, twenty-five and forty-five, article five of said chapter be amended and reenacted; that sections two and five, article five-a of said chapter be amended and reenacted; and that section four, article eight of said chapter be amended and reenacted, all to read as follows:;
     And,
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for Senate Bill No. 522--An Act to amend and reenact section one, article one, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four, article two of said chapter; to further amend said article by adding thereto a new section, designated section five-g; to amend and reenact section seven, article two-e of said chapter; to amend and reenact section one, article three of said chapter; to amend and reenact sections one and two, article four of said chapter; to further amend said article by adding thereto a new section, designated section six; to amend and reenact sections ten and eleven of said article; to amend and reenact sections one-a, one-c, four, seven, thirteen, fourteen, twenty-five and forty-five, article five of said chapter; to amend and reenact sections two and five, article five-a of said chapter; and to amend and reenact section four, article eight of said chapter, all relating to public education generally; definitions; allowing state board president to serve an unlimited number of terms, but no more than two consecutive terms; requiring county boards to provide certain policies, summaries of any modifications to those policies and copies of annual reports to state board; requiring state board to submit copies of summaries and annual reports to the legislative oversight commission on education accountability; allowing, with state board approval, certain appropriations to be expended directly or through contractual agreements with county boards and regional education service agencies for materials and other costs associated with installation, setup, internet hookup and wiring of the computer hardware and software; clarifying that state superintendent serves at the will and pleasure of the state board; requiring the state board to annually evaluate the performance of the state superintendent and publicly announce the results of the evaluation; clarifying appointment of county superintendents; modifying authorization for county superintendent to transfer to a teaching position at the end of his or her term; extending the date before which the county superintendent is required to be appointed; requiring county superintendent to be a resident of the county, or of a contiguous county in this state, in which he or she serves; modifying requirements for permanent administrative certificate and county superintendent license; requiring state board to define three years of experience in management or supervision in rule; modifying health-related conditions of employment for county superintendents; providing for discontinuing or suspending employment of county superintendent under certain circumstances; requiring that county superintendents be evaluated at least annually; providing criteria for evaluation; providing for evaluation to take place in executive session; directing county board to release general statement to the public and provide additional information only by mutual consent of county board and county superintendent; delineating authorized uses of evaluation results; allowing contract or written agreement to delineate a county superintendent's acting as chief executive officer; removing county superintendent duty to organize and attend district institutes, and organize and direct reading circles and boys' and girls' clubs; requiring county superintendent to report promptly to the county board whenever any school in the district appears to be failing to meet the standards for improving education; requiring county superintendent to keep county board apprised of certain issues in the district; removing requirement for county superintendent to direct the taking of school census; allowing county board members to serve on certain boards; allowing request of ethics commission for an advisory opinion; requiring ethics commission to issue advisory opinion within thirty days; entitling county board member who relies on opinion to reimbursement for attorney's fees and court costs incurred in certain proceedings; prohibiting vote cast from being invalidated due to subsequent finding that holding particular office or committee is a bar to membership on the board; providing that good faith reliance on a written advisory opinion is an absolute defense to certain civil suits or criminal prosecutions; requiring county board member training to include school performance issues; allowing feasible and practicable extension of training time; requiring annual county board self-assessment; specifying focus of evaluation instrument; requiring summary of evaluation to be made public; allowing county boards to meet in facilities within the county other than the county board office; authorizing lease of school property subject to certain requirements; clarifying county board authority to employ, contract with or otherwise engage legal counsel; including service personnel in job-sharing arrangements; adding requirements for job sharing; limiting cost to retirement system; requiring filing of policies and summaries of policies that promote school board effectiveness; requiring annual meeting with a quorum of members from each local school improvement council; providing for meeting with less than a quorum under certain circumstances; allowing county board to schedule additional meeting for any low-performing school in the district; requiring county board to develop agenda for required annual meeting with local school improvement council; requiring certain items to be addressed; requiring county boards to make written requests for information from local school improvement councils throughout the year or hold community forums to receive input from the affected community as the county board considers necessary; modifying time requirements for reporting to state board on meetings with local school improvement councils; authorizing county board to request assistance from local school improvement council members to facilitate development of report; requiring county boards to review the policies to promote school board effectiveness each year; eliminating duty of county superintendent to make a tabular report to the county board annually; eliminating requirement that certain percentage of students be in attendance for a day to be considered instructional; including five instructional support and enhancement days within the instructional term that include instructional activities, professional activities and time for faculty senate meetings; requiring instructional activities for students to be scheduled by appointment; requiring school policy relating to use of time designated for instructional activities; providing that the presence of any certain number of students and the transportation of students is not required on instructional support and enhancement days; declaring instructional support and enhancement days a regular work day for all service personnel; providing that for one school year only, statewide assessment may not be prior to the fifteenth day of April; requiring professional development days to be used last when making up instructional days; allowing use of additional minutes of instruction each day for making up lost instructional days under certain circumstances; prohibiting more than one parent member of a local school improvement council from being employed at the school; requiring chair to appoint replacement of elected member of local school improvement council if position becomes vacant; requiring principal to appoint replacement if appointed position becomes vacant; requiring principal to provide certain information at the organizational meeting of the local school improvement council; requiring local school improvement council chair, or designee, to be prepared to address certain matters at annual meeting and in writing; allowing state board to enter into contracts to provide orientation training for local school improvement council members; requiring that any training meet guidelines established by the state board; requiring emergency meetings of faculty senates to be held during noninstructional time; requiring a two hour block of time be scheduled for a faculty senate meeting on a day scheduled for the opening of school prior to the beginning of the instructional term; requiring that a two hour block of time be scheduled for a faculty senate meeting on each instructional support and enhancement day; and requiring state board rule excluding certain absences for accountability purposes.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 522) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect July 1, 2003.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 522) takes effect July 1, 2003.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 13, 2003

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Senate Bill No. 646.
     Enrolled Senate Bill No. 646 relates generally to the establishment of centers for economic development and technology advancements at institutions of higher education, a goal that I have always supported. Nevertheless, I must object to this bill because its proposed title does not reflect the amendments made to chapter eighteen-c of the code. A reasonable person would not be able to discern the amendments to that chapter without reading the entire text of the bill. Accordingly, I find the title inconsistent with the substance of the bill so as to render the bill constitutionally defective. For this reason, I must veto this legislation.
     Notwithstanding this action, I urge the Legislature to amend the title and return the bill for approval.
     Finally, while not a reason for vetoing the bill, I must point out that the reference in §18C-5-2(a)(1) to Salem-Teikyo as an approved institution of higher education is no longer correct because that institution ended its relationship with Teikyo University Foundation in 2001. The correct designation is now Salem International University.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Senator Chafin moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
     Enr. Senate Bill No. 646, Establishing centers for economic development and technology advancement at higher education institutions.
     Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled Senate Bill No. 646, the same was put and prevailed.
     On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page nine, section two, line five, by striking out the words "the college of West Virginia" and inserting in lieu thereof the words "mountain state university";
     On page nine, section two, line six, by striking out the words "Salem-Teikyo college" and inserting in lieu thereof the words "Salem international university";
     On page nine, section two, lines fifteen and sixteen, by striking out the words "of this chapter and section four, article one-b of this chapter" and inserting in lieu thereof a comma and the words "chapter eighteen-b of this code and section four, article one-b of said chapter";
     On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twelve-a; and that section two, article five, chapter eighteen-c of said code be amended and reenacted, all to read as follows:;
     And,
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Enr. Senate Bill No. 646--An Act to amend chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve-a; and to amend and reenact section two, article five, chapter eighteen-c of said code, all relating to higher education; centers for economic development and technology advancement generally; findings and purpose; definitions; authorizing doctoral institutions to enter into agreements with centers; setting forth requirements for governing bodies; powers and duties of governing bodies; providing for appointment of president; qualifications; powers and duties of president; authorizing agreements; terms and conditions; authorizing audit of center operations; clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; clarifying issues of debt obligations of centers; student financial aid; and expanding definition of "eligible institution" for purposes of higher education grant program.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
     On the passage of the bill, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 646) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 646) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 14, 2003

The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
     Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 3217.
     Enrolled House Bill No. 3217 is a supplementary appropriations bill that was intended to create a new fund for the purpose of receiving federal moneys in connection with the Help America Vote Act. I must object to this bill because in its proposed title it purports to describe a "federal consolidated fund" which is not otherwise provided for in the substance of the bill. Furthermore, the bill contains an erroneous fund designation. In order to create this fund and receive the federal moneys available under the Act, these designations must be corrected. For these reasons, I must veto this legislation.
     Notwithstanding this action, I urge the Legislature to amend the title and other erroneous designations and return the bill for approval.
                              Very truly yours,
                               Bob Wise,
                               Governor.
cc:  The Honorable Earl Ray Tomblin
     The Honorable Joe Manchin III
     A message from The Clerk of the House of Delegates announced the reconsideration, amendment and passage as amended, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the passage, of
     Enr. House Bill No. 3217, Establishing a fund and making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated.
     On motion of Senator Chafin, the message was taken up for immediate consideration.
     Senator Chafin then moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate reconsider the bill (Enr. H. B. No. 3217), heretofore disapproved and returned by His Excellency, the Governor, with his objections.
     The question being on the adoption of Senator Chafin's motion that the Senate reconsider Enrolled House Bill No. 3217, the same was put and prevailed.
     On motion of Senator Chafin, the Senate concurred in the following House of Delegates amendments to the bill:
     On page two, line six, by striking out "8488" and inserting in lieu thereof "8854".
     On page two, by striking out all of lines ten through fifteen, and inserting in lieu thereof the following:
     The purpose of this supplementary appropriation bill is to create a new fund in the budget act for the fiscal year ending the thirtieth day of June, two thousand three, and to provide for an appropriation therein of federal funds made available under the federal Help America Vote Act in an amount of nine million dollars for expenditure during the fiscal year two thousand three.;
     On page one, by striking out the enacting section and inserting in lieu thereof, a new enacting section, to read as follows:
     That chapter thirteen, acts of the Legislature, regular session, two thousand two, known as the budget bill, be amended and supplemented by adding to Title II, section six thereof a new fund with an appropriation in the line item therein as follows:;
     And,
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Enr. House Bill No. 3217--An Act amending and supplementing chapter thirteen, acts of the Legislature, regular session, two thousand two, known as the budget bill, by adding thereto a new fund with an appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for fiscal year ending the thirtieth day of June, two thousand three, to the new fund, designated secretary of state, fund 8854, fiscal year 2003, organization 1600, for fiscal year ending the thirtieth day of June, two thousand three.
     The question now being on the passage of the bill, disapproved by the Governor and amended by the House of Delegates.
     On the passage of the bill, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. H. B. No. 3217) passed with its title, as amended, as a result of the objections of the Governor.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bowman and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. H. B. No. 3217) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, to take effect from passage, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     Whereupon, Senator Helmick, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 2050, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.
     Submitted the following report, which was received:
               Your committee of conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for House Bill No. 2050 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
               That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
TITLE I-GENERAL PROVISIONS.
               Section 1. General policy.--The purpose of this bill is to appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year 2004.
               Sec. 2. Definitions.--For the purpose of this bill:
               "Governor" shall mean the governor of the state of West Virginia.
               "Code" shall mean the code of West Virginia, one thousand nine hundred thirty-one, as amended.
               "Spending unit" shall mean the department, bureau, division, office, board, commission, agency or institution to which an appropriation is made.
               The "fiscal year 2004" shall mean the period from the first day of July, two thousand three, through the thirtieth day of June, two thousand four.
               "General revenue fund" shall mean the general operating fund of the state and includes all moneys received or collected by the state except as provided in section two, article two, chapter twelve of the code or as otherwise provided.
               "Special revenue funds" shall mean specific revenue sources which by legislative enactments are not required to be accounted for as general revenue, including federal funds.
               "From collections" shall mean that part of the total appropriation which must be collected by the spending unit to be available for expenditure. If the authorized amount of collections is not collected, the total appropriation for the spending unit shall be reduced automatically by the amount of the deficiency in the collections. If the amount collected exceeds the amount designated "from collections", the excess shall be set aside in a special surplus fund and may be expended for the purpose of the spending unit as provided by article two, chapter five-a of the code.
               Sec. 3. Classification of appropriations.--An appropriation for:
               "Personal services" shall mean salaries, wages and other compensation paid to full-time, part-time and temporary employees of the spending unit but shall not include fees or contractual payments paid to consultants or to independent contractors engaged by the spending unit.
               Unless otherwise specified, appropriations for "personal services" shall include salaries of heads of spending units.
               "Annual increment" shall mean funds appropriated for "eligible employees" and shall be disbursed only in accordance with article five, chapter five of the code.
               Funds appropriated for "annual increment" shall be transferred to "personal services" or other designated items only as required.
               "Employee benefits" shall mean social security matching, workers' compensation, unemployment compensation, pension and retirement contributions, public employees insurance matching, personnel fees or any other benefit normally paid by the employer as a direct cost of employment. Should the appropriation be insufficient to cover such costs, the remainder of such cost shall be transferred by each spending unit from its "personal services" line item or its "unclassified" line item or other appropriate line item to its "employee benefits" line item. If there is no appropriation for "employee benefits", such costs shall be paid by each spending unit from its "personal services" line item, its "unclassified" line item or other appropriate line item. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of article two, chapter five-a of the code.
               "BRIM premiums" shall mean the amount charged as consideration for insurance protection and includes the present value of projected losses and administrative expenses. Premiums are assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia, general liability, wrongful acts, property, professional liability and automobile exposures.
               Should the appropriation for "BRIM premiums" be insufficient to cover such cost, the remainder of such costs shall be transferred by each spending unit from its "personal services" line item, its "employee benefit" line item, its "unclassified" line item or any other appropriate line item to "BRIM premiums" for payment to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments.
               Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation. Such expenditures shall be considered an employee benefit.
               "Current expenses" shall mean operating costs other than personal services and shall not include equipment, repairs and alterations, buildings or lands.
               Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures shall be considered a current expense.
               "Equipment" shall mean equipment items which have an appreciable and calculable period of usefulness in excess of one year.
               "Repairs and alterations" shall mean routine maintenance and repairs to structures and minor improvements to property which do not increase the capital assets.
               "Buildings" shall include new construction and major alteration of existing structures and the improvement of lands and shall include shelter, support, storage, protection or the improvement of a natural condition.
               "Lands" shall mean the purchase of real property or interest in real property.
               "Capital outlay" shall mean and include buildings, lands or buildings and lands, with such category or item of appropriation to remain in effect as provided by section twelve, article three, chapter twelve of the code.
               From appropriations made to the spending units of state government, upon approval of the governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.
               Appropriations classified in any of the above categories shall be expended only for the purposes as defined above and only for the spending units herein designated: Provided, That the secretary of each department and the commissioner of the bureau of commerce shall have the authority to transfer within the department or bureau those general revenue funds appropriated to the various agencies of the department or bureau: Provided, however, That no more than five percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department or bureau: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer funds appropriated to "personal services" and "employee benefits" to other lines within the same account and no funds from other lines shall be transferred to the "personal services" line: And provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by chapter five-f of the code shall have the authority to transfer general revenue funds appropriated to "annual increment" to other general revenue accounts within the same department, bureau or commission for the purpose of providing an annual increment in accordance with article five, chapter five of the code: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer, except that the use of the appropriations from the state road fund for the office of the secretary of the department of transportation is not a use other than the purpose for which such funds were dedicated and is permitted.
               Appropriations otherwise classified shall be expended only where the distribution of expenditures for different purposes cannot well be determined in advance or it is necessary or desirable to permit the spending unit the freedom to spend an appropriation for more than one of the above classifications.
               Sec. 4. Method of expenditure.--Money appropriated by this bill, unless otherwise specifically directed, shall be appropriated and expended according to the provisions of article three, chapter twelve of the code or according to any law detailing a procedure specifically limiting that article.
               Sec. 5. Maximum expenditures.--No authority or requirement of law shall be interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this bill.
TITLE II--APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1. Appropriations from general revenue.
SECTION 2. Appropriations from state road fund.
SECTION 3. Appropriations from other funds.
SECTION 4. Appropriations from lottery net profits.
SECTION 5. Appropriations from state excess lottery revenue.
SECTION 6. Appropriations of federal funds.
SECTION 7. Appropriations from federal block grants.
SECTION 8. Claims against the state.
SECTION 9. Appropriations from surplus accrued.
SECTION 10. Special revenue appropriations.
SECTION 11. State improvement fund appropriations.
SECTION 12. Specific funds and collection accounts.
SECTION 13. Appropriations for refunding erroneous payment.
SECTION 14. Sinking fund deficiencies.
SECTION 15. Appropriations for local governments.
SECTION 16. Total appropriations.
SECTION 17. General school fund.
               Section 1. Appropriations from general revenue.--From the state fund, general revenue, there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal year 2004.
LEGISLATIVE
1--Senate
Fund 0165 FY 2004 Org 2100

_________________________________________________________General

                                                                     Revenue
                                                    Activity         Fund
Compensation of Members (R)                           003    $         1,010,000
Compensation and Per Diem of
            Officers and Employees (R)                005              3,003,210
Employee Benefits (R)                                 010              597,712
Current Expenses and
            Contingent Fund (R)                       021              700,000
Repairs and Alterations (R)                           064              450,000
Computer Supplies (R)                                 101              40,000
Computer Systems (R)                                  102              250,000
Printing Blue Book (R)                                103              150,000
Expenses of Members (R)                               399              700,000
BRIM Premium (R)                                      913    __________18,877
            Total                                            $         6,919,799
               The appropriations for the senate for the fiscal year 2003 are to remain in full force and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
               Upon the written request of the clerk of the senate, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
               The clerk of the senate, with the approval of the president, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the senate, for any bills for supplies and services that may have been incurred by the senate and not included in the appropriation bill, for supplies and services incurred in preparation for the opening, the conduct of the business and after adjournment of any regular or extraordinary session, and for the necessary operation of the senate offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
               The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by the senate resolution adopted during any such session. The clerk of the senate, with the written approval of the president, or the president of the senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such senate resolution, to be fixed by the president of the senate. The clerk is hereby authorized to draw his or her requisitions upon the auditor for the payment of all such staff personnel for such services, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
               For duties imposed by law and by the senate, the clerk of the senate shall be paid a monthly salary as provided by the senate resolution, unless increased between sessions under the authority of the president, payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the senate.
               The distribution of the blue book shall be by the office of the clerk of the senate and shall include seventy-five copies for each member of the Legislature and two copies for each classified and approved high school and junior high school and one copy for each elementary school within the state.
2--House of Delegates
Fund 0170 FY 2004 Org 2200
Compensation of Members (R)                           003    $         2,200,000
Compensation and Per Diem of
            Officers and Employees (R)                005              600,000
Current Expenses and Contingent
            Fund (R)                                  021              4,221,162
Expenses of Members (R)                               399              1,120,000
BRIM Premium (R)                                      913    __________20,515
            Total                                            $         8,161,677
               The appropriations for the house of delegates for the fiscal year 2003 are to remain in full force and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
               Upon the written request of the clerk of the house of delegates, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
               The clerk of the house of delegates, with the approval of the speaker, is authorized to draw his or her requisitions upon the auditor, payable out of the Current Expenses and Contingent Fund of the house of delegates, for any bills for supplies and services that may have been incurred by the house of delegates and not included in the appropriation bill, for bills for services and supplies incurred in preparation for the opening of the session and after adjournment, and for the necessary operation of the house of delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the auditor.
               The speaker of the house of delegates, upon approval of the house committee on rules, shall have authority to employ such staff personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the house resolution, and the compensation of all personnel shall be as fixed in such house resolution for the session, or fixed by the speaker, with the approval of the house committee on rules, during and between sessions of the Legislature, notwithstanding such house resolution. The clerk of the house is hereby authorized to draw requisitions upon the auditor for such services, payable out of the appropriation for the Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of delegates.
               For duties imposed by law and by the house of delegates, including salary allowed by law as keeper of the rolls, the clerk of the house of delegates shall be paid a monthly salary as provided in the house resolution, unless increased between sessions under the authority of the speaker, with the approval of the house committee on rules, and payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the house of delegates.
3--Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2004 Org 2300
Joint Committee on Government
            and Finance (R)                           104    $         6,317,298
Legislative Printing (R)                              105              940,000
Legislative Rule-Making Review
            Committee (R)                             106              226,050
Legislative Computer System (R)                       107              1,138,121
Joint Standing Committee
            on Education (R)                          108              74,500
Tax Reduction and Federal Funding
            Increased Compliance
            (TRAFFIC) (R)                             642              3,000,000
BRIM Premium (R)                                      913    __________14,220
            Total                                            $         11,710,189
               The appropriations for the joint expenses for the fiscal year 2003 are to remain in full force and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
               Upon the written request of the clerk of the senate, with the approval of the president of the senate, and the clerk of the house of delegates, with the approval of the speaker of the house of delegates, and a copy to the legislative auditor, the auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.
               The appropriation for the Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) (fund 0175, activity 642) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs. It is not intended as a general appropriation for expenditure by the Legislature.
JUDICIAL
4--Supreme Court--
General Judicial
Fund 0180 FY 2004 Org 2400
Personal Services (R)                                 001    $         45,723,244
Annual Increment (R)                                  004              630,000
Employee Benefits                                     010              14,325,916
Unclassified                                       099                 7,422,951
Judges' Retirement System (R)                         110              5,329,500
Other Court Costs (R)                                 111              -0-
Judicial Training Program (R)                         112              469,006
Mental Hygiene Fund (R)                               113              -0-
Guardian Ad Litem (R)                                 265              -0-
Guardianship Attorney Fees (R)                        588              175,000
BRIM Premium (R)                                      913    __________50,386
            Total                                            $         74,126,003
               The appropriations to the supreme court of appeals for the fiscal years 2000, 2001, 2002 and 2003 are to remain in full force and effect and are hereby reappropriated to June 30, 2004. Any balances so reappropriated may be transferred and credited to the fiscal year 2004 accounts.
               This appropriation shall be administered by the administrative director of the supreme court of appeals, who shall draw requisitions for warrants in payment in the form of payrolls, making deductions therefrom as required by law for taxes and other items.
               The appropriation for the Judges' Retirement System is to be transferred to the consolidated public retirement board, in accordance with the law relating thereto, upon requisition of the administrative director of the supreme court of appeals.
EXECUTIVE
5-Governor's Office
(WV Code Chapter 5)
Fund 0101 FY 2004 Org 0100
Personal Services                                     001    $         2,371,414
Salary of Governor                                    002              90,000
Annual Increment                                      004              19,500
Employee Benefits                                     010              725,000
Unclassified                                       099                 1,122,591
National Governors' Association                       123              77,500
Southern Governors' Association                       314              5,740
BRIM Premium                                       913       __________195,286
            Total                                            $         4,607,031
               Any unexpended balances remaining in the appropriations for Publication of Papers and Transition Expenses (fund 0101, activity 465) and Publication of Papers and Transition Expenses--Surplus (fund 0101, activity 359) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
6-Governor's Office-
Custodial Fund
(WV Code Chapter 5)
Fund 0102 FY 2004 Org 0100
Unclassified-Total                                    096    $         466,389
               To be used for current general expenses, including compensation of employees, household maintenance, cost of official functions and additional household expenses occasioned by such official functions.
7-Governor's Office-
Governor's Cabinet on Children and Families
(WV Code Chapter 5)
Fund 0104 FY 2004 Org 0100
Unclassified                                       099       $         308,638
Family Resource Networks (R)                          274              1,325,203
Starting Points Centers and
            Parent Education Services (R)             316    __________1,048,826
            Total                                            $         2,682,667
               Any unexpended balances remaining in the appropriations for Family Resource Networks (fund 0104, activity 274), Starting Points Centers and Parent Education Services (fund 0104, activity 316) and Educare (fund 0104, activity 895) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0104, fiscal year 2003, activity 274 ($50,794) and fund 0104, fiscal year 2003, activity 316 ($50,794) which shall expire on June 30, 2003.
8-Governor's Office-
Civil Contingent Fund
(WV Code Chapter 5)
Fund 0105 FY 2004 Org 0100
Civil Contingent Fund (R)                             614    $         3,000,000
Business and Economic Development
            Stimulus (R)                              586    __________1,500,000
            Total                                            $         4,500,000
               Any unexpended balances remaining in the appropriations for Civil Contingent Fund-Total (fund 0105, activity 114), Civil Contingent Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund (fund 0105, activity 614) and Business and Economic Development Stimulus (fund 0105, activity 586) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
               From this appropriation there may be expended, at the discretion of the governor, an amount not to exceed one thousand dollars as West Virginia's contribution to the interstate oil compact commission.
               The above appropriation is intended to provide contingency funding for accidental, unanticipated, emergency or unplanned events which may occur during the fiscal year and is not to be expended for the normal day-to-day operations of the governor's office.
9-Auditor's Office-
General Administration
(WV Code Chapter 12)
Fund 0116 FY 2004 Org 1200
Personal Services                                     001    $         2,087,640
Salary of Auditor                                     002              70,000
Annual Increment                                      004              54,705
Employee Benefits                                     010              657,507
Unclassified                                       099                 711,436
Office Automation (R)                                 117              328,310
BRIM Premium                                       913       __________2,064
____________Total                                            $         3,911,662
               Any unexpended balance remaining in the appropriation for Office Automation (fund 0116, activity 117) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0116, fiscal year 2003, activity 099 ($126,580) which shall expire on June 30, 2003.
10-Treasurer's Office
(WV Code Chapter 12)

Fund 0126 FY 2004 Org 1300
Personal Services                                     001    $         1,767,893
Salary of Treasurer                                   002              70,000
Annual Increment                                      004              20,450
Employee Benefits                                     010              548,246
Unclassified (R)                                      099              1,266,522
Abandoned Property Program                            118              282,558
Tuition Trust Fund (R)                                692              148,289
School Building Sinking Fund
            Debt Service (R)                          770              2,124,000
BRIM Premium                                       913       __________19,434
            Total                                            $         6,247,392
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0126, activity 099), Tuition Trust Fund (fund 0126, activity 692) and School Building Sinking Fund Debt Service (fund 0126, activity 770) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
11-Department of Agriculture
(WV Code Chapter 19)
Fund 0131 FY 2004 Org 1400
Personal Services                                     001    $         3,596,423
Salary of Commissioner                                002              70,000
Annual Increment                                      004              77,138
Employee Benefits                                     010              1,295,578
State Farm Museum                                     055              110,000
Unclassified                                       099                 788,483
Gypsy Moth Program (R).                               119              943,067
Huntington Farmers Market                             128              50,000
Black Fly Control (R)                                 137              428,456
Tri-County Fair Association                           343              -0-
Donated Foods Program                                 363              50,000
Predator Control                                      470              140,000
Bee Research                                       691                 32,421
Microbiology Program (R)                              785              152,680
Moorefield Agriculture Center (R)                     786              994,135
WV Food Banks                                      969                 50,000
Seniors' Farmers' Market Nutrition
            Coupon Program                            970              60,000
BRIM Premium                                       913       __________77,862
____________Total                                            $         8,916,243
               Any unexpended balances remaining in the appropriations for Gypsy Moth Program (fund 0131, activity 119), Black Fly Control (fund 0131, activity 137), Mingo County Surface Mine Project (fund 0131, activity 296), Charleston Farmers Market (fund 0131, activity 476), Capital Improvements-Total-Surplus (fund 0131, activity 672), Microbiology Program (fund 0131, activity 785) and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0131, fiscal year 2003, activity 099 ($79,333), fund 0131, fiscal year 2003, activity 119 ($12,930), fund 0131, fiscal year 2003, activity 137 ($65,000), fund 0131, fiscal year 2003, activity 296 ($62,000) and fund 0131, fiscal year 2003, activity 785 ($2,308) which shall expire on June 30, 2003.
               A portion of the Unclassified appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for marketing and development activities.
12-Department of Agriculture-
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Personal Services                                     001    $         464,113
Annual Increment                                      004              7,900
Employee Benefits                                     010              173,425
Unclassified                                       099                 331,252
Soil Conservation Projects (R)                        120              2,688,089
BRIM Premium                                       913                 3,444
Maintenance of Flood
            Control Projects (R)                      522    __________1,778,787
            Total                                            $         5,447,010
               Any unexpended balances remaining in the appropriations for Soil Conservation Projects (fund 0132, activity 120), Conservation Reserve Enhancement Program (fund 0132, activity 141), Soil Conservation Projects-Surplus (fund 0132, activity 269) and Maintenance of Flood Control Projects (fund 0132, activity 522) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0132, fiscal year 2003, activity 120 ($208,335) which shall expire on June 30, 2003.
13-Department of Agriculture-
Meat Inspection
(WV Code Chapter 19)
Fund 0135 FY 2004 Org 1400
Personal Services                                     001    $         388,195
Annual Increment                                      004              8,241
Employee Benefits                                     010              146,140
Unclassified                                       099       __________73,171
            Total                                            $         615,747
               Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for the above-named program.
14-Department of Agriculture-
Agricultural Awards
(WV Code Chapter 19)
Fund 0136 FY 2004 Org 1400
Fairs and Festivals                                   122    $         -0-
Commissioner's Awards and Programs                    737              -0-
Commissioner's Awards and Programs--
            Total                                     971    __________43,650
            Total                                            $         43,650
15-Attorney General
(WV Code Chapters 5, 14, 46A and 47)

Fund 0150 FY 2004 Org 1500
Personal Services (R)                                 001    $         2,331,889
Salary of Attorney General                            002              75,000
Annual Increment (R)                                  004              41,159
Employee Benefits (R)                                 010              761,235
Unclassified                                       099                 203,715
Better Government Bureau                              740              294,600
BRIM Premium                                       913       __________82,794
            Total                                            $         3,790,392
               Any unexpended balances remaining in the above appropriations for Personal Services (fund 0150, activity 001), Annual Increment (fund 0150, activity 004) and Employee Benefits (fund 0150, activity 010) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0150, fiscal year 2003, activity 001 ($83,443), fund 0150, fiscal year 2003, activity 010 ($23,332), fund 0150, fiscal year 2003, activity 099 ($19,314), fund 0150, fiscal year 2003, activity 740 ($11,560) and fund 0150, fiscal year 2003, activity 913 ($2,815) which shall expire on June 30, 2003.
               When legal counsel or secretarial help is appointed by the attorney general for any state spending unit, this account shall be reimbursed from such spending unit's specifically appropriated account or from accounts appropriated by general language contained within this bill: Provided, That the spending unit shall reimburse at a rate and upon terms agreed to by the state spending unit and the attorney general: Provided, however, That if the spending unit and the attorney general are unable to agree on the amount and terms of the reimbursement, the spending unit and the attorney general shall submit their proposed reimbursement rates and terms to the joint committee on government and finance for final determination.
16-Secretary of State
(WV Code Chapters 3, 5 and 59)

Fund 0155 FY 2004 Org 1600
Personal Services                                     001    $         607,425
Salary of Secretary of State                          002              65,000
Annual Increment                                      004              9,800
Employee Benefits                                     010              191,601
Unclassified (R)                                      099              268,041
BRIM Premium                                       913       __________24,031
            Total                                            $         1,165,898
               Any unexpended balances remaining in the appropriations for Unclassified--Surplus (fund 0155, activity 097), Unclassified (fund 0155, activity 099), Technology Improvements (fund 0155, activity 599) and Administrative Law Division Improvements (fund 0155, activity 880) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
17-State Election Commission
(WV Code Chapter 3)

Fund 0160 FY 2004 Org 1601
Unclassified-Total                                    096    $         11,291
DEPARTMENT OF ADMINISTRATION
18-Department of Administration-
Office of the Secretary
(WV Code Chapter 5F)
Fund 0186 FY 2004 Org 0201
Unclassified                                       099       $         301,877
Pay Equity Reserve                                    364              250,000
Reorganization Initiative                             638              -0-
Lease Rental Payments                                 516              11,480,409
BRIM Premium                                       913       __________7,186
            Total                                            $         12,039,472
               The appropriation for Lease Rental Payments shall be disbursed as provided by section six-b, article fifteen, chapter thirty-one of the code.
19-Consolidated Public Retirement Board
(WV Code Chapter 5)

Fund 0195 FY 2004 Org 0205
               The division of highways, division of motor vehicles, bureau of employment programs, public service commission and other departments, bureaus or divisions operating from special revenue funds and/or federal funds shall pay their proportionate share of the retirement costs for their respective divisions. When specific appropriations are not made, such payments may be made from the balances in the various special revenue funds in excess of specific appropriations.
20-Division of Finance
(WV Code Chapter 5A)
Fund 0203 FY 2004 Org 0209
Personal Services                                     001    $         539,306
Annual Increment                                      004              11,090
Employee Benefits                                     010              134,711
Unclassified                                       099                 362,928
GAAP Project (R)                                      125              743,511
BRIM Premium                                       913       __________58,889
            Total                                            $         1,850,435
               Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, activity 125) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0203, fiscal year 2003, activity 125 ($69,897) which shall expire on June 30, 2003.
21--Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Personal Services                                     001    $         576,602
Annual Increment                                      004              20,300
Employee Benefits                                     010              235,026
Unclassified                                       099                 600,000
Fire Service Fee                                      126    __________14,000
            Total                                            $         1,445,928
               Any unexpended balances remaining in the appropriations for Capitol Complex--Capital Outlay (fund 0230, activity 417), Capitol Building Preservation (fund 0230, activity 503), Capitol Building Preservation--Surplus (fund 0230, activity 675), Capital Improvements- -Capitol Complex--Surplus (fund 0230, activity 676) and Capitol Building Roof--Total--Surplus (fund 0230, activity 820) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
22--Division of Purchasing
(WV Code Chapter 5A)
Fund 0210 FY 2004 Org 0213
Personal Services                                     001    $         620,344
Annual Increment                                      004              9,273
Employee Benefits                                     010              176,242
Unclassified                                       099                 111,766
BRIM Premium                                       913       __________2,633
            Total                                            $         920,258
               The division of highways shall reimburse the Unclassified appropriation (fund 2031, activity 099) within the division of purchasing for all actual expenses incurred pursuant to the provisions of section thirteen, article two-a, chapter seventeen of the code.
23--Commission on Uniform State Laws
(WV Code Chapter 29)
Fund 0214 FY 2004 Org 0217
Unclassified--Total                                   096    $         26,408
               To pay expenses for members of the commission on uniform state laws.
24--Board of Risk and Insurance Management
(WV Code Chapter 29)
Fund 0217 FY 2004 Org 0218
Retro Payments--Total                                 652    $         2,000,000
               These funds may be transferred to a special account for the payment of premiums, self-insurance losses, loss adjustment expenses and loss prevention engineering fees and may be transferred to a special account for disbursement for payment of premiums and insurance losses.
25--Education and State Employees' Grievance Board
(WV Code Chapter 18)
Fund 0220 FY 2004 Org 0219
Personal Services                                     001    $         574,084
Annual Increment                                      004              8,200
Employee Benefits                                     010              166,359
Unclassified                                       099                 137,334
BRIM Premium                                       913       __________2,116
            Total                                            $         888,093
26--Ethics Commission
(WV Code Chapter 6B)
Fund 0223 FY 2004 Org 0220
Personal Services                                     001    $         212,246
Annual Increment                                      004              1,765
Employee Benefits                                     010              60,912
Unclassified                                       099                 42,391
BRIM Premium                                       913       __________2,425
            Total                                            $         319,739
27--Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2004 Org 0221
Personal Services                                     001    $         548,011
Annual Increment                                      004              4,000
Employee Benefits                                     010              189,671
Unclassified                                       099                 315,074
Appointed Counsel Fees and
            Public Defender Corporations (R)          127              -0-
Public Defender Corporations                          352              12,773,436
Appointed Counsel Fees                                788              13,061,008
BRIM Premium                                       913       __________36,785
            Total                                            $         26,927,985
               Any unexpended balance remaining in the above appropriation for Appointed Counsel Fees and Public Defender Corporations (fund 0226, activity 127) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The director of public defender services may transfer funds from Public Defender Corporations (fund 0226, activity 352) to Appointed Counsel Fees (fund 0226, activity 788) in the appropriation above.
28--Committee for the Purchase of
Commodities and Services from the Handicapped
(WV Code Chapter 5A)
Fund 0233 FY 2004 Org 0224
Unclassified--Total                                   096    $         3,896
29--Public Employees Insurance Agency
(WV Code Chapter 5)
Fund 0200 FY 2004 Org 0225
               The division of highways, division of motor vehicles, bureau of employment programs, public service commission and other departments, bureaus or divisions operating from special revenue funds and/or federal funds shall pay their proportionate share of the public employees health insurance cost for their respective divisions.
30--West Virginia Prosecuting Attorneys Institute
Fund 0557 FY 2004 Org 0228
Forensic Medical Examinations (R)                     683    $         162,033
Federal Funds/Grant Match (R)                         749    __________120,505
            Total                                            $         282,538
               Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund 0557, activity 683) and Federal Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0557, fiscal year 2003, activity 683 ($8,000) and fund 0557, fiscal year 2003, activity 749 ($2,794) which shall expire on June 30, 2003.
31--Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 0588 FY 2004 Org 0230
Unclassified--Total (R)                               096    $         7,122,654
               Any unexpended balance remaining in the appropriation for Unclassified--Total (fund 0588, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF EDUCATION
32--State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)
Fund 0303 FY 2004 Org 0402
Personal Services                                     001    $         213,210
Annual Increment                                      004              3,302
Employee Benefits                                     010              77,578
Unclassified                                       099       __________1,640,000
            Total                                            $         1,934,090
33--State FFA-FHA Camp and
Conference Center
(WV Code Chapters 18 and 18A)
Fund 0306 FY 2004 Org 0402
Personal Services                                     001    $         604,970
Annual Increment                                      004              12,050
Employee Benefits                                     010              221,763
Unclassified                                       099                 203,561
BRIM Premium                                       913       __________25,949
            Total                                            $         1,068,293
34--State Department of Education
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2004 Org 0402
Personal Services                                     001    $         2,809,896
Annual Increment                                      004              41,611
Employee Benefits                                     010              883,273
Unclassified (R)                                      099              2,726,918
WV Education Information
            System (WVEIS)                            138              3,046,762
34/1000 Waiver                                     139                 400,000
Increased Enrollment                                  140              -0-
Teacher Mentor (R)                                    158              -0-
National Teacher Certification (R)                    161              50,000
Allowance for County Transfers                        264              46,890
HVAC Technicians                                      355              315,192
Early Retirement Notification
            Incentive                                 366              200,000
FBI Checks     372                                     97,835
Principals Leadership Training                        373              24,779
Bridges Program                                       394              300,000
Governor's Honors Academy                             478              -0-
Foreign Student Education (R)                         636              82,786
State Teacher of the Year                             640              38,009
Principals Mentorship                                 649              65,000
Allowance for Work-Based Learning                     744              120,000
Regional Education Service Agencies                   972              4,737,706
Sparse Population Allocation                          973              625,000
Enrollment Error Correction                           974              296,205
BRIM Premium                                       913       __________160,292
            Total                                            $         17,068,154
               The above appropriation includes the state board of education and their executive office.
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, activity 099), Increased Enrollment (fund 0313, activity 140), Teacher Mentor (fund 0313, activity 158), National Teacher Certification (fund 0313, activity 161) and Foreign Student Education (fund 0313, activity 636) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
35--State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)
Fund 0314 FY 2004 Org 0402
Special Education--Counties                           159    $         7,271,757
Special Education--Institutions                       160              3,249,099
Educational Programs at Beckley
            Center (R)                                192              -0-
Educational Programs at Beckley and
            Burlington Centers (R)                    975              467,048
Education of Juveniles Held in
            Predispositional Juvenile
            Detention Centers                         302              572,900
Education of Institutionalized
            Juveniles and Adults                      472              8,785,481
Potomac Center                                     810       __________808,275
            Total                                            $         21,154,560
               Any unexpended balance remaining in the appropriation for Unclassified--Surplus (fund 0314, activity 097) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               From the above appropriations, the superintendent shall have authority to expend funds for the costs of special education for those children residing in out-of-state placements.
36--State Department of Education--
State Aid to Schools
(WV Code Chapters 18 and 18A)
Fund 0317 FY 2004 Org 0402
Other Current Expenses                                022    $         128,797,160
Professional Educators                                151              733,209,258
Service Personnel                                     152              243,289,005
Fixed Charges                                      153                 87,201,295
Transportation                                     154                 36,629,741
Administration                                     155                 2,907,884
Improve Instructional Programs                        156      ________33,000,000
Basic Foundation Allowances                                            1,265,034,343
Less Local Share                                               ________ (300,957,610)
Total Basic State Aid                                                  964,076,733
Early Childhood Collaborative                         018              34,760,421
Public Employees Insurance Matching                   012              171,889,586
Teachers Retirement System                            019              302,110,205
School Building Authority                             453    __________22,642,530
            Total                                            $         1,495,479,475
37--State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)
Fund 0390 FY 2004 Org 0402
Personal Services                                     001    $         916,403
Annual Increment                                      004              14,732
Employee Benefits                                     010              294,435
Unclassified                                       099                 1,110,000
Wood Products--Forestry Vocational
            Program                                   146              56,220
Albert Yanni Vocation Program                         147              124,263
Vocational Aid                                     148                 14,007,210
Adult Basic Education                                 149              2,987,191
Partnership Development/Staff                         171              259,810
Adult Advisory Council                                621              289,025
Aquaculture Support                                   769    __________100,000
            Total                                            $         20,159,289
38--State Board of Education--
Division of Educational Performance Audits
(WV Code Chapters 18 and 18A)
Fund 0573 FY 2004 Org 0402
Personal Services                                     001    $         -0-
Annual Increment                                      004              -0-
Employee Benefits                                     010              -0-
Unclassified--Total                                   096              500,000
Unclassified                                       099       __________-0-
            Total                                            $         500,000
39--West Virginia Schools for the
Deaf and the Blind
(WV Code Chapters 18 and 18A)
Fund 0320 FY 2004 Org 0403
Personal Services                                     001    $         6,691,692
Annual Increment                                      004              5,350
Employee Benefits                                     010              2,434,699
Unclassified                                       099                 1,613,470
BRIM Premium                                       913       __________47,094
            Total                                            $         10,792,305
            Any unexpended balance remaining in the appropriation for Capital Outlay, Repairs and Equipment--Surplus (fund 0320, activity 677) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF EDUCATION AND THE ARTS
40--Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0294 FY 2004 Org 0431
Unclassified (R)                                      099    $         777,135
Center for Professional
            Development (R)                           115              1,607,423
Center for Professional Development--
            Principals' Academy (R)                   415              438,180
Energy Express                                     861                 500,000
BRIM Premium                                       913       __________2,200
            Total                                            $         3,324,938
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0294, activity 099), Center for Professional Development (fund 0294, activity 115) and Center for Professional Development--Principals' Academy (fund 0294, activity 415) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0294, fiscal year 2003, activity 415 ($74,644) and fund 0294, fiscal year 2003, activity 099 ($27,056) which shall expire on June 30, 2003.
41--Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2004 Org 0432
Personal Services                                     001    $         2,144,527
Annual Increment                                      004              39,855
Employee Benefits                                     010              790,108
Unclassified                                       099                 470,000
Culture and History Programming                       732              275,000
BRIM Premium                                       913       __________34,436
____________Total                                            $         3,753,926
               The Unclassified appropriation includes funding for the arts funds, department programming funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization of the division of culture and history and in accordance with the provisions of article three, chapter five-a of the code and chapter twelve of the code.
               All federal moneys received as reimbursement to the division of culture and history for moneys expended from the general revenue fund for the arts fund and historical preservation are hereby reappropriated for the purposes as originally made, including personal services, current expenses and equipment.
42--Library Commission
(WV Code Chapter 10)
Fund 0296 FY 2004 Org 0433
Personal Services                                     001    $         1,046,426
Annual Increment                                      004              28,100
Employee Benefits                                     010              371,503
Unclassified                                       099                 220,331
Services to Blind and Handicapped                     181              38,456
BRIM Premium                                       913       __________22,330
            Total                                            $         1,727,146
43--Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 0300 FY 2004 Org 0439
Personal Services                                     001    $         3,030,517
Annual Increment                                      004              61,492
Employee Benefits                                     010              1,039,610
Unclassified                                       099                 592,586
Lease Revenue Bonds                                   646              -0-
BRIM Premium                                       913       __________38,110
____________Total                                            $         4,762,315
            These funds may be transferred to special revenue accounts for matching college, university, city, county, federal and/or other generated revenues.
44--State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)
Fund 0310 FY 2004 Org 0932
Personal Services                                     001    $         6,488,519
Annual Increment                                      004              134,049
Independent Living Services                           009              24,000
Employee Benefits                                     010              2,623,325
Unclassified                                       099                 130,000
Workshop Development                                  163              1,816,149
Supported Employment Extended
            Services                                  206              119,032
Ron Yost Personal Assistance Fund                     407              340,000
BRIM Premium                                       913       __________50,010
            Total                                            $         11,725,084
               Any unexpended balance remaining in the appropriation for Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities (fund 0310, activity 766) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004 and may be transferred to a special account for the purpose of disbursement or loan.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
45--Department of Health and Human Resources--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0400 FY 2004 Org 0501
Unclassified--Total                                   096    $         137,779
46--Division of Health--
Central Office
(WV Code Chapter 16)
Fund 0407 FY 2004 Org 0506
Personal Services                                     001    $         8,279,060
Annual Increment                                      004              177,256
Employee Benefits                                     010              3,469,346
Levels 1, 2 and 3 Trauma Centers                      013              900,000
Unclassified                                       099                 5,604,254
Safe Drinking Water Program                           187              506,098
Pet Scan Support                                      209              100,000
Women, Infants and Children                           210              45,000
Basic Public Health Services Support                  212              4,323,708
Early Intervention                                    223              3,307,043
Cancer Registry                                       225              272,501
CARDIAC Project                                       375              220,000
State EMS Technical Assistance                        379              1,403,674
EMS Program for Children                              381              49,710
Statewide EMS Program Support                         383              552,970
Primary Care Centers--
            Mortgage Finance                          413              550,000
Black Lung Clinics                                    467              198,646
Center for End of Life                                545              200,000
Pediatric Dental Services                             550              150,000
Vaccine for Children                                  551              432,257
Adult Influenza Vaccine                               552              65,000
Tuberculosis Control                                  553              253,908
Maternal and Child Health Clinics,
            Clinicians and Medical Contracts
            and Fees (R)                              575              4,614,188
Epidemiology Support                                  626              379,516
Primary Care Support                                  628              7,254,178
Levels 1 and 2 Trauma Centers                         650              -0-
Neurological Research and
            Development                               634              -0-
State Aid to Local Health
            Departments                               702              9,257,684
Health Right Free Clinics                             727              2,697,836
Osteoporosis Prevention Fund                          729              156,423
Emergency Response Entities--
            Special Projects                          822              500,000
Women's Right to Know                                 546              200,000
BRIM Premium                                       913       __________161,860
            Total                                            $         56,282,116
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0407, activity 099, fiscal year 1997) and Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, activity 575) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0506, fiscal year 2003, activity 575 ($45,000) which shall expire on June 30, 2003.
               From the Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees line item, $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund.
47--Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Personal Services                                     001    $         616,833
Annual Increment                                      004              11,991
Employee Benefits                                     010              250,602
Special Olympics                                      208              26,074
Behavioral Health Program--
            Unclassified (R)                          219              42,690,722
Family Support Act                                    221              1,092,753
Institutional Facilities Operations                   335              44,096,851
Colin Anderson Community
            Placement (R)                             803              3,264,325
Renaissance Program                                   804              194,000
BRIM Premium                                       913       __________875,704
            Total                                            $         93,119,855
               Any unexpended balances remaining in the appropriations for Behavioral Health Program--Unclassified (fund 0525, activity 219) and Colin Anderson Community Placement (fund 0525, activity 803) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0525, fiscal year 2003, activity 219 ($1,611,765) and fund 0525, fiscal year 2003, activity 803 ($1,000,000) which shall expire on June 30, 2003.
               The secretary of the department of health and human resources, prior to the beginning of the fiscal year, shall file with the legislative auditor and the department of administration an expenditure schedule for each formerly separate spending unit which has been consolidated into the above account and which receives a portion of the above appropriation for Institutional Facilities Operations. The secretary shall also, within fifteen days after the close of the six-month period of said fiscal year, file with the legislative auditor and the department of administration an itemized report of expenditures made during the preceding six-month period.
               From the Colin Anderson Community Placement (fund 0525, activity 803) funds may be both expended for the community placement costs of the Colin Anderson clients and transferred to the Medical Services Program Fund to pay the Medicaid state share of the Medicaid cost of Colin Anderson clients in the community.
               From the above appropriation to Institutional Facilities Operations, together with available funds from the Division of Health- -Hospital Services Revenue Account (fund 5156, activity 335) and Tobacco Settlement Expenditure Fund (fund 5124, activity 335), on July 1, 2003, the sum of $200,000 shall be transferred to the department of agriculture--land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
               Additional funds have been appropriated in fund 5124, fiscal year 2004, organization 0506, and fund 5156, fiscal year 2004, organization 0506, for the operation of the institutional facilities. The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the Institutional Facilities Operations line item to facilitate cost- effective and cost-saving services at the community level.
48--Division of Health--
West Virginia Drinking Water Treatment
(WV Code Chapter 16)
Fund 0561 FY 2004 Org 0506
West Virginia Drinking Water Treatment
            Revolving Fund--Transfer                  689    $         700,000
               The above appropriation for Drinking Water Treatment Revolving Fund--Transfer shall be transferred to the West Virginia Drinking Water Treatment Revolving Fund or appropriate bank depository and the Drinking Water Treatment Revolving--Administrative Expense Fund as provided by chapter sixteen of the code.
49--Human Rights Commission
(WV Code Chapter 5)
Fund 0416 FY 2004 Org 0510
Personal Services                                     001    $         678,511
Annual Increment                                      004              14,900
Employee Benefits                                     010              231,960
Unclassified                                       099                 234,013
BRIM Premium                                       913       __________17,970
            Total                                            $         1,177,354
50--Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2004 Org 0511
Personal Services                                     001    $         22,204,915
Annual Increment                                      004              648,734
Employee Benefits                                     010              8,512,817
Unclassified                                       099                 20,305,924
Child Care Development                                144              1,446,802
Medical Services Contracts and
            Office of Managed Care                    183              2,329,730
Medical Services                                      189              253,453,990
Women's Commission                                    191              133,271
Social Services                                       195              60,105,425
Family Preservation Program                           196              1,565,000
Domestic Violence Legal Services Fund                 384              150,000
James "Tiger" Morton Catastrophic
             Illness Fund                             455              940,000
Child Protective Services Case
            Workers                                   468              8,866,767
Medical Services Trust Fund Transfer                  512              5,000,000
OSCAR and RAPIDS                                      515              3,471,648
WV Teaching Hospitals Tertiary/
            Safety Net                                547              1,750,000
Child Welfare System                                  603              2,581,948
Commission for the Deaf and
            Hard of Hearing                           704              263,032
Child Support Enforcement                             705              2,758,468
Medicaid Auditing                                     706              590,841
Temporary Assistance for Needy
            Families/Maintenance of Effort            707              22,969,096
Child Care--Maintenance of
            Effort and Match                          708              4,409,643
Grants for Licensed Domestic
            Violence Programs and Statewide
            Prevention                                750              1,000,000
Indigent Burials (R)                                  851              1,274,000
BRIM Premium                                       913       __________667,631
            Total                                            $         427,399,682
               Any unexpended balance remaining in the appropriation for Indigent Burials (fund 0403, activity 851) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (activity 455) shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by article five-q, chapter sixteen of the code.
               The above appropriation for Domestic Violence Legal Services Fund (activity 384) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).
               Notwithstanding the provisions of Title I, section three of this bill, the secretary of the department of health and human resources shall have the authority to transfer funds within the above account: Provided, That no more than five percent of the funds appropriated to one line item may be transferred to other line items: Provided, however, That no funds from other line items shall be transferred to the personal services line item.
               The secretary shall have authority to expend funds for the educational costs of those children residing in out-of-state placements, excluding the costs of special education programs.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
51--Department of Military Affairs and
Public Safety--
Office of the Secretary
(WV Code Chapter 5F)
Fund 0430 FY 2004 Org 0601
Unclassified (R)                                      099    $         632,054
BRIM Premium                                       913       __________4,816
            Total                                            $         636,870
               Any unexpended balance remaining in the appropriation for Unclassified (fund 0430, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
52--Adjutant General--
State Militia
(WV Code Chapter 15)
Fund 0433 FY 2004 Org 0603
Personal Services                                     001    $         387,196
Annual Increment                                      004              9,500
Employee Benefits                                     010              120,822
Unclassified (R)                                      099              14,564,338
BRIM Premium                                       913       __________20,344
            Total                                            $         15,102,200
               Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               From the above appropriation an amount approved by the adjutant general and the secretary of military affairs and public safety may be transferred to the state armory board for operation and maintenance of national guard armories.
53--West Virginia Parole Board
(WV Code Chapter 62)
Fund 0440 FY 2004 Org 0605
Personal Services                                     001    $         122,751
Annual Increment                                      004              1,744
Employee Benefits                                     010              115,929
Unclassified                                       099                 119,325
Salaries of Members of West Virginia
            Parole Board                              227              225,000
BRIM Premium                                       913       __________22,208
            Total                                            $         606,957
54--Office of Emergency Services
(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Personal Services                                     001    $         222,636
Annual Increment                                      004              5,300
Employee Benefits                                     010              83,587
Unclassified                                       099                 110,233
Federal Emergency Management
            Agency Match (R)                          188              210,937
Early Warning Flood System                            877              324,000
Radiological Emergency Preparedness                   554              25,600
BRIM Premium                                       913       __________6,680
            Total                                            $         988,973
               Any unexpended balances remaining in the appropriations for Federal Emergency Management Agency Match (fund 0443, activity 188) and Flood Reparations (fund 0443, activity 400) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
55--Division of Corrections--
Central Office
(WV Code Chapters 25, 28, 49 and 62)
Fund 0446 FY 2004 Org 0608
Personal Services                                     001    $         384,881
Annual Increment                                      004              5,775
Employee Benefits                                     010              117,178
Unclassified                                       099       __________97,594
            Total                                            $         605,428
               Any unexpended balance remaining in the appropriation for Management Information System (fund 0446, activity 398) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
56--Division of Corrections--
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2004 Org 0608
Employee Benefits                                     010    $         347,367
Unclassified                                       099                 729,093
Charleston Work Release                               456              842,328
Beckley Correctional Center                           490              917,400
Huntington Work Release                               495              721,135
Anthony Center                                     504                 4,060,261
Huttonsville Correctional Center                      514              13,427,651
Northern Correctional Facility                        534              5,956,185
Inmate Medical Expenses                               535              11,110,767
Pruntytown Correctional Center                        543              5,651,370
Payments to Federal, County and/or
            Regional Jails                            555              8,303,000
Corrections Academy                                   569              992,962
Martinsburg Correctional Center                       663              -0-
Parole Services                                       686              1,997,449
Special Services                                      687              2,088,914
St. Marys Correctional Facility                       881              11,366,500
Denmar Correctional Facility                          882              3,578,058
Ohio County Correctional Facility                     883              1,177,177
Mt. Olive Correctional Facility                       888              17,537,863
Lakin Correctional Facility                           896              7,381,145
BRIM Premium                                       913       __________560,889
            Total                                            $         98,747,514
               Any unexpended balance remaining in the appropriation for Capital Outlay (fund 0450, activity 511) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The commissioner of corrections shall, within fifteen days after the close of each six-month period of said fiscal year, file with the legislative auditor and the department of administration an itemized report of expenditures made during the preceding six-month period. Such report shall include the total of expenditures made for personal services, annual increment, current expenses (inmate medical expenses and other), repairs and alterations and equipment. The commissioner of corrections shall also have the authority to transfer between line items appropriated to the individual correctional units above and may transfer funds from the individuals units to Payments to Federal, County and/or Regional Jails (fund 0450, org 555) or Inmate Medical Expenses (fund 0450, org 535).
               From the above appropriation to Unclassified, on July 1, 2003, the sum of $300,000 shall be transferred to the department of agriculture--land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
57--West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
Personal Services                                     001    $         27,917,001
Annual Increment                                      004              191,550
Employee Benefits                                     010              5,594,693
Unclassified                                       099                 6,708,423
Vehicle Purchase                                      451              1,000,000
Barracks Maintenance
            and Construction (R)                      494              1,719,388
Trooper Class                                      521                 3,755,986
Barracks Lease Payments                               556              318,768
Communications and Other
            Equipment (R)                             558              613,285
Trooper Retirement Fund                               605              24,875,529
Handgun Administration Expense                        747              70,375
Automated Fingerprint Identification
            System                                    898              495,293
BRIM Premium                                       913       __________3,351,098             Total                                            $         76,611,389
               Any unexpended balances remaining in the appropriations for Barracks Maintenance and Construction (fund 0453, activity 494) and Communications and Other Equipment (fund 0453, activity 558) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
58--Division of Veterans' Affairs
(WV Code Chapter 9A)
Fund 0456 FY 2004 Org 0613
Personal Services                                     001    $         872,723
Annual Increment                                      004              25,480
Employee Benefits                                     010              380,309
Unclassified                                       099                 50,000
Veterans' Field Offices                               228              136,371
Veterans' Toll-Free Assistance Line                   328              5,000
Veterans' Reeducation Assistance (R)                  329              211,604
Veterans' Grant Program (R)                           342              150,000
Women's Veterans' Monument (R)                        385              -0-
Memorial Day Patriotic Exercise                       697              20,000
BRIM Premium                                       913       __________23,741
            Total                                            $         1,875,228
               Any unexpended balances remaining in the appropriations for Veterans' Reeducation Assistance (fund 0456, activity 329), Veterans' Field Office Improvements (fund 0456, activity 331), Veterans' Grant Program (fund 0456, activity 342), Women's Veterans' Monument (fund 0456, activity 385) and Veterans' Monuments (fund 0456, activity 817) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
59--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)
Fund 0460 FY 2004 Org 0618
Personal Services                                     001    $         668,646
Annual Increment                                      004              14,150
Employee Benefits                                     010              305,110
Unclassified                                       099       __________144,763
____________Total                                            $         1,132,669
60--Fire Commission
(WV Code Chapter 29)
Fund 0436 FY 2004 Org 0619
Personal Services                                     001    $         613,761
Annual Increment                                      004              11,478
Employee Benefits                                     010              222,360
Unclassified                                       099                 146,248
Safe Schools Hotline                                  560              250,000
BRIM Premium                                       913       __________20,940
            Total                                            $         1,264,787
61--Division of Criminal Justice Services
(WV Code Chapter 15)
Fund 0546 FY 2004 Org 0620
Personal Services                                     001    $         248,802
Annual Increment                                      004              3,645
Employee Benefits                                     010              83,776
Unclassified                                       099                 155,775
Statistical Analysis Program                          597              52,837
Sentencing Commission                                 976              123,000
Community Corrections in Mercer,
            Harrison and Ohio Counties                977              300,000
BRIM Premium                                       913       __________1,000
            Total                                            $         968,835
62--Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2004 Org 0621
Personal Services                                     001    $         -0-
Annual Increment                                      004              -0-
Employee Benefits                                     010              -0-
Unclassified (R)                                      099               -0-
Central Office                                     701                 1,822,092
WV Industrial Home for Youth                          979              10,669,115
Davis Center                                       980                 2,113,692
Eastern Regional Juvenile Center                      981              1,024,150
Northern Regional Juvenile Center                     982              912,807
North Central Regional Juvenile
            Center                                    983              1,599,320
Southern Regional Juvenile Center                     984              1,701,438
Tiger Morton Center                                   985              1,810,884
Donald R. Kuhn Juvenile Center                        986              3,530,534
J. M. "Chick" Buckbee Juvenile Center                 987              1,831,385
Salem Canine                                       988                 87,501
Davis Canine                                       989                 83,536
The Academy    990                                           128,668
Mt. Hope Juvenile Center                              991              417,000
BRIM Premium                                       913       __________20,930
            Total                                            $         27,753,052
               Any unexpended balance remaining in the appropriation for Unclassified (fund 0570, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               From the above appropriation to Unclassified, on July 1, 2003, the sum of $50,000 shall be transferred to the department of agriculture--land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
               The director of juvenile services shall also have the authority to transfer between line items appropriated to the individual juvenile centers above.
63--Division of Protective Services
(WV Code Chapter 15)
Fund 0585 FY 2004 Org 0622
Personal Services                                     001    $         826,051
Annual Increment                                      004              4,000
Employee Benefits                                     010              330,260
Equipment (R)                                      070                 -0-
Unclassified (R)                                      099              583,281
BRIM Premium                                       913       __________3,575
            Total                                            $         1,747,167
               Any unexpended balances remaining in the appropriations for Equipment (fund 0585, activity 070), Unclassified--Surplus (fund 0585, activity 097) and Unclassified (fund 0585, activity 099) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF TAX AND REVENUE
64--Tax Division
(WV Code Chapter 11)

Fund 0470 FY 2004 Org 0702
Personal Services (R)                                 001    $         10,950,709
Annual Increment                                      004              259,060
Employee Benefits (R)                                 010              3,561,722
Unclassified (R)                                      099              5,475,655
Multistate Tax Commission                             653              41,238
GIS Development Project                               562              150,000
BRIM Premium                                       913       __________5,058
            Total                                            $         20,443,442
               Any unexpended balances remaining in the appropriations for Unclassified--Surplus (fund 0470, activity 097), Personal Services (fund 0470, activity 001), Employee Benefits (fund 0470, activity 010) and Unclassified (fund 0470, activity 099) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
65--West Virginia Office of Tax Appeals
(WV Code Chapter 11)

Fund 0593 FY 2004 Org 0709
Unclassified--Total                                   096    $         642,620
66--Division of Professional and
Occupational Licenses--
State Athletic Commission
(WV Code Chapter 29)

Fund 0523 FY 2004 Org 0933
Unclassified                                       099       $         5,812
BRIM Premium                                       913       __________1,388
            Total                                            $         7,200
DEPARTMENT OF TRANSPORTATION

67--State Rail Authority
(WV Code Chapter 29)

Fund 0506 FY 2004 Org 0804
Unclassified                                       099       $         3,402,793
BRIM Premium                                       913       __________8,989
            Total                                            $         3,411,782
68--Division of Public Transit
(WV Code Chapter 17)

Fund 0510 FY 2004 Org 0805
Unclassified (R)                                      099    $         1,294,162
Federal Funds/Grant Match                             749    __________1,000,000
            Total                                            $         2,294,162
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0510, activity 099) and Grant Match (fund 0510, activity 388) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0510, fiscal year 2003, activity 099 ($44,002) and fund 0510, fiscal year 2003, activity 388 ($34,000) which shall expire on June 30, 2003.
69--Public Port Authority
(WV Code Chapter 17)

Fund 0581 FY 2004 Org 0806
Unclassified--Total (R)                               096    $         725,533
               Any unexpended balance remaining in the appropriation for Unclassified--Total (fund 0581, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0581, fiscal year 2003, activity 096 ($27,659) which shall expire on June 30, 2003.
70--Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2004 Org 0807
Unclassified (R)                                      099    $         1,227,801
Civil Air Patrol                                      234    __________105,257
            Total                                            $         1,333,058
               Any unexpended balances remaining in the appropriations for Unclassified (fund 0582, activity 099) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0582, fiscal year 2003, activity 099 ($54,899) which shall expire on June 30, 2003.
BUREAU OF COMMERCE
71--Division of Forestry
(WV Code Chapter 19)

Fund 0250 FY 2004 Org 0305
Personal Services                                     001    $         1,657,488
Annual Increment                                      004              45,100
Employee Benefits                                     010              626,439
Unclassified                                       099                 89,630
Aerial Tanker Airplanes                               752              200,000
BRIM Premium                                       913       __________156,271
            Total                                            $         2,774,928
               Out of the above appropriation a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.
72--Geological and Economic Survey
(WV Code Chapter 29)

Fund 0253 FY 2004 Org 0306
Personal Services                                     001    $         1,243,962
Annual Increment                                      004              35,138
Employee Benefits                                     010              411,944
Unclassified                                       099                 201,317
Mineral Mapping System (R)                            207              1,349,859
Geographic Information System (R)                     214              294,031
BRIM Premium                                       913       __________16,044
            Total                                            $         3,552,295
               Any unexpended balances remaining in the appropriations for Mineral Mapping System (fund 0253, activity 207), Geographic Information System (fund 0253, activity 214) and Computer Upgrade-- Surplus (fund 0253, activity 874) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0253, fiscal year 2003, activity 214 ($16,576) and fund 0253, fiscal year 2003, activity 207 ($77,122) which shall expire on June 30, 2003.
               The above Unclassified appropriation includes funding to secure federal and other contracts and may be transferred to a special revolving fund (fund 3105, activity 099) for the purpose of providing advance funding for such contracts.
73--West Virginia Development Office
(WV Code Chapter 5B)

Fund 0256 FY 2004 Org 0307
Personal Services                                     001    $         2,359,130
Annual Increment                                      004              33,034
Employee Benefits                                     010              709,428
Unclassified                                       099                 3,046,819
Partnership Grants (R)                                131              3,000,000
National Youth Science Camp                           132              169,362
Local Economic Development
            Partnerships (R)                          133              1,600,500
ARC Assessment                                     136                 167,308
Institute for Software Research                       217              84,681
West Virginia Steel Advisory                          230              67,745
Mid-Atlantic Aerospace Complex (R)                    231              196,425
Guaranteed Work Force Grant (R)                       242              2,702,576
Mingo County Surface Mine Project                     296              125,000
Small Business Financial
            Assistance (R)                            360              404,982
Robert C. Byrd Institute for Advanced/
            Flexible Manufacturing--Technology
            Outreach and Programs for
            Environmental and
            Advanced Technologies                     367              611,100
Advantage Valley                                      389              87,300
Chemical Alliance Zone                                390              45,000
WV High-Tech Consortium                               391              177,300
Charleston Farmers Market (R)                         476              90,000
Industrial Park Assistance (R)                        480              500,000
Leverage Technology and Small
            Business Development Program (R)          525              718,438
International Offices (R)                             593              776,004
Blanchette Rockefeller
            Neurological Institute                    635              -0-
Economic Development                                  655              -0-
WV Manufacturing Extension
            Partnership                               731              169,362
Small Business Work Force (R)                         735              529,106
Polymer Alliance                                      754              84,681
National Institute of Chemical
            Studies                                   805              84,681
Local Economic Development
            Assistance (R)                            819              4,500,000
Community College Workforce
            Development (R)                           878              722,408
Hardwood Alliance Zone                                992              50,000
BRIM Premium                                       913       __________1,464
            Total                                            $         23,813,834
               Any unexpended balances remaining in the appropriations for Partnership Grants (fund 0256, activity 131), Local Economic Development Partnerships (fund 0256, activity 133), Mid-Atlantic Aerospace Complex (fund 0256, activity 231), Guaranteed Work Force Grant (fund 0256, activity 242), Small Business Financial Assistance (fund 0256, activity 360), Charleston Farmers Market (fund 0256, activity 476), Industrial Park Assistance (fund 0256, activity 480), Leverage Technology and Small Business Development Program (fund 0256, activity 525), International Offices (fund 0256, activity 593), Small Business Work Force (fund 0256, activity 735), Local Economic Development Assistance (fund 0256, activity 819), Community College Workforce Development (fund 0256, activity 878), Economic Development Assistance (fund 0256, activity 900) and Technology Initiatives (fund 0256, activity 901) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0256, fiscal year 2003, activity 131 ($136,000), fund 0256, fiscal year 2003, activity 231 ($7,421), fund 0256, fiscal year 2003, activity 242 ($423,891), fund 0256, fiscal year 2003, activity 360 ($13,843), fund 0256, fiscal year 2003, activity 480 ($18,872), fund 0256, fiscal year 2003, activity 525 ($27,141), fund 0256, fiscal year 2003, activity 735 ($24,826), fund 0256, fiscal year 2003, activity 819 ($238,000) and fund 0256, fiscal year 2003, activity 878 ($27,291) which shall expire on June 30, 2003.
               The above appropriation to Local Economic Development Partnerships shall be used by the West Virginia development office for the award of funding assistance to county and regional economic development corporations or authorities participating in the certified development community program developed under the provisions of section three, article two, chapter five-b of the code. The West Virginia development office shall award the funding assistance through a matching grant program, based upon a formula whereby funding assistance may not exceed $30,000 per county served by an economic development corporation or authority.

74--Division of Labor
(WV Code Chapters 21 and 47)

Fund 0260 FY 2004 Org 0308
Personal Services                                     001    $         1,728,316
Annual Increment                                      004              25,072
Employee Benefits                                     010              624,700
Unclassified                                       099                 480,538
BRIM Premium                                       913       __________40,058
            Total                                            $         2,898,684
75--Division of Natural Resources
(WV Code Chapter 20)

Fund 0265 FY 2004 Org 0310
Personal Services                                     001    $         6,970,016
Annual Increment                                      004              226,437
Employee Benefits                                     010              3,744,817
Gypsy Moth Suppression Program--
            Wildlife Management Areas                 014              50,000
Unclassified                                       099                 9,633
Litter Control Conservation Officers                  564              192,823
Law Enforcement--Federal Audit                        563              350,000
Upper Mud River Flood Control                         654              171,217
Law Enforcement                                       806              844,625
BRIM Premium                                       913       __________251,260
            Total                                            $         12,810,828
               Any revenue derived from mineral extraction at any state park shall be deposited in a special revenue account of the division of natural resources, first for bond debt payment purposes and with any remainder to be for park operation and improvement purposes.
               The above appropriation for Law Enforcement--Federal Audit (fund 0265, activity 563) shall only be expended after the division of natural resources has executed the memorandum of agreement resolving pending claims of the U. S. fish and wildlife service and upon written approval of the commissioner of the bureau of commerce.
76--Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)

Fund 0277 FY 2004 Org 0314
Personal Services                                     001    $         3,648,406
Annual Increment                                      004              70,950
Employee Benefits                                     010              1,339,000
Unclassified                                       099                 769,336
BRIM Premium                                       913                 35,421
WV Diesel Equipment Commission                        712    __________38,034
            Total                                            $         5,901,147
77--Board of Coal Mine
Health and Safety
(WV Code Chapter 22)

Fund 0280 FY 2004 Org 0319
Personal Services                                     001    $         110,950
Annual Increment                                      004              750
Employee Benefits                                     010              27,270
Unclassified                                       099       __________30,345
            Total                                            $         169,315
78--Coal Mine Safety and Technical Review Committee
(WV Code Chapter 22)
Fund 0285 FY 2004 Org 0320
Unclassified--Total                                   096    $         -0-
Unclassified                                       099                 63,352
Coal Forum (Coal Miner Statue)                        015    __________25,000
            Total                                            $         88,352
DEPARTMENT OF ENVIRONMENTAL PROTECTION
79--Environmental Quality Board
(WV Code Chapter 20)

Fund 0270 FY 2004 Org 0311
Personal Services                                     001    $         98,917
Annual Increment                                      004              795
Employee Benefits                                     010              23,256
Unclassified                                       099                 16,121
BRIM Premium                                       913       __________2,228
            Total                                            $         141,317
80--Interstate Commission on Potomac River Basin
(WV Code Chapter 29)
Fund 0263 FY 2004 Org 0313
West Virginia's Contribution to the
            Interstate Commission on Potomac
            River Basin--Total                        134    $         42,300
81--Ohio River Valley Water Sanitation Commission
(WV Code Chapter 29)
Fund 0264 FY 2004 Org 0313
West Virginia's Contribution to the
            Ohio River Valley Water
            Sanitation Commission--Total              135    $         120,870
82--Division of Environmental Protection
(WV Code Chapter 22)
Fund 0273 FY 2004 Org 0313
Personal Services                                     001    $         4,402,434
Annual Increment                                      004              73,538
Employee Benefits                                     010              1,435,444
Unclassified                                       099                 876,955
Dam Safety     607                                           213,639
Office of Water Resources
            Nonenforcement Activity                   855              1,154,877
Welch DEP Office Continuing
            Operation                                 993              92,000
BRIM Premium                                       913       __________12,462
            Total                                            $         8,261,349
83--Air Quality Board
(WV Code Chapter 16)
Fund 0550 FY 2004 Org 0325
Unclassified                                       099       $         87,412
BRIM Premium                                       913       __________2,586
            Total                                            $         89,998
BUREAU OF SENIOR SERVICES
84--Bureau of Senior Services
(WV Code Chapter 29)
Fund 0420 FY 2004 Org 0508
Personal Services                                     001    $         125,099
Annual Increment                                      004              2,257
Employee Benefits                                     010              50,805
Unclassified                                       099                 506,331
Silver Haired Legislature                             202              15,000
Area Agencies Administration                          203              78,685
Alzheimer's Respite Care                              565              100,000
BRIM Premium                                       913       __________2,075
____________Total                                            $         880,252
HIGHER EDUCATION POLICY COMMISSION
85--Higher Education Policy Commission--
Administration
Control Account
(WV Code Chapter 18B)
Fund 0589 FY 2004 Org 0441
Unclassified                                       099       $         2,098,920
WVNET          169                                           2,096,505
EPSCoR         571                                        -0-
Vice Chancellor for Health Sciences--
            Rural Health Initiative Program
             and Site Support                         595              4,065,467
Vice Chancellor for Health Sciences--
            Rural Health Residency Program            601              300,000
West Virginia Council for Community
            and Technical Education                   392    __________449,141
            Total                                            $         9,010,033
               Any unexpended balances remaining in the appropriations for Vice Chancellor for Health Sciences--Rural Health Initiative Program and Site Support (fund 0589, activity 595), Vice Chancellor for Health Sciences--Rural Health Residency Program (fund 0589, activity 601) and West Virginia Council for Community and Technical Education (fund 0589, activity 392) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0589, fiscal year 2003, activity 392, organization 0441 ($7,739), fund 0589, fiscal year 2003, activity 595, organization 0441 ($70,437), fund 0343, fiscal year 2003, activity 595, organization 0463 ($55,205), fund 0347, fiscal year 2003, activity 595, organization 0471 ($230,045) and fund 0347, fiscal year 2003, activity 601, organization 0471 ($75,000) which shall expire on June 30, 2003.
86--Higher Education Policy Commission--
System
Control Account
(WV Code Chapter 18B)
Fund 0586 FY 2004 Org 0442
Bluefield State College                               408    $         1,812,400
Bluefield State Community and
            Technical College                         409              5,471,035
Concord College                                       410              8,567,177
Eastern West Virginia Community and
            Technical College                         412              2,004,733
Fairmont State College                                414              11,691,739
Fairmont State Community and
            Technical College                         421              7,098,730
Glenville State College                               428              5,332,888
Glenville State Community and
            Technical College                         430              -0-
Shepherd College                                      432              8,823,522
Shepherd Community and
            Technical College                         434              2,162,714
West Liberty State College                            439              8,956,727
West Virginia State College                           441              9,940,460
West Virginia State Community and
            Technical College                         445              2,803,931
Southern West Virginia Community and
            Technical College                         446              7,375,150
West Virginia Northern Community and
            Technical College                         447              5,728,387
Marshall University                                   448              40,761,056
Marshall Medical School                               173              13,395,900
Marshall University Medical School
            BRIM Subsidy                              449              564,721
Marshall University Community and
            Technical College                         487              5,357,306
West Virginia University                              459              105,811,878
WVU--School of Health Sciences                        174              43,637,011
WVU School of Health Sciences--
            Charleston Division                       175              3,909,083
West Virginia University School of
            Medicine BRIM Subsidy                     460              1,115,519
West Virginia University--Parkersburg                 471              8,177,741
Potomac State College of West
            Virginia University                       475              -0-
West Virginia University--Potomac
            State                                     994              4,064,886
West Virginia University Institute
            of Technology                             479              6,413,689
West Virginia University Institute
            of Technology Community and
            Technical College                         486              3,272,796
Primary Health Education Medical
            School Program Support                    177              2,136,731
FSC and BSC CTC Distribution Reserve                  995    __________1,946,115
            Total                                            $         328,334,025
               Any unexpended balances remaining in the appropriations for Primary Health Education Medical School Program Support (fund 0586, activity 177), Jackson's Mill (fund 0586, activity 461), Marshall University Forensic Lab (fund 0586, activity 572), Jackson's Mill-- Surplus (fund 0586, activity 842) and WVU College of Engineering and Mineral Resources--Diesel Training--Transfer (fund 0586, activity 852) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0343, fiscal year 2003, activity 177, organization 0463 ($60,187) and fund 0347, fiscal year 2003, activity 177, organization 0471 ($188,220) which shall expire on June 30, 2003.
               Included in the appropriations for WVU--School of Health Sciences and Marshall Medical School are $943,080 and $295,477, respectively, for Graduate Medical Education which may be transferred to the Department of Health and Human Resources' Medical Service Fund (fund 5084) for the purpose of matching federal or other funds to be used in support of graduate medical education, subject to the Vice Chancellor for Health Sciences and the Secretary of the Department of Health and Human Resources. If approval is denied, the funds may be utilized by the respective institutions for expenditure on graduate medical education.
               Included in the above appropriation for WVU--School of Health Sciences is $511,105 for the WVU--Charleston Division--Poison Control Hotline. This amount shall be enhanced by an allocation for the director's salary as well as in-kind assistance. These amounts shall be allocated equally among the four quarters of the fiscal year for disbursement to the WVU--Charleston Division--Poison Control Hotline. Also included is $800,000 for the Blanchette Rockefeller Neurological Institute.
               Included in the above appropriation for West Virginia University is $34,500 for the Marshall and WVU Faculty and Course Development International Study Project, $246,429 for the WVU Law School--Skills Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the WVU College of Engineering and Mineral Resources--Diesel Training--Transfer, $153,000 for the WVU--Sheep Study and $40,000 for a veterinarian.
               Included in the above appropriation for Marshall Medical School is $417,351 for the Marshall University Forensic Lab and $175,061 for the Marshall University Center for Rural Health.
               Included in the above appropriation for Marshall University is $181,280 for the Marshall University--Southern West Virginia Community and Technical College 2+2 Program and $795,597 for the Marshall University Autism Training Center.
               Included in the above appropriation for Southern West Virginia Community and Technical College is $373,774 for the Marshall University--Southern West Virginia Community and Technical College 2+2 Program, $98,912 for delivery of the associate degree nursing program to Eastern West Virginia Community and Technical College and $25,000 for the Appleread Program.
               Included in the above appropriation for Concord College is $100,000 for the Geographic Alliance.
               Included in the above appropriation for Shepherd College is $100,000 for the Gateway Program.
               The institutions operating from special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.
87--Higher Education Policy Commission--
Health Sciences
Control Account
(WV Code Chapter 18B)
Fund 0590 FY 2004 Org 0477
               Any unexpended balances remaining in the appropriations for Primary Health Education Medical School Program Support (fund 0590, activity 177), Correctional Telemedicine Project (fund 0590, activity 406), WVU--Charleston Division--Poison Control Hot Line (fund 0590, activity 510), Capital Outlay and Equipment (fund 0590, activity 542) and Rural Health Initiative Site Support Program (fund 0590, activity 853) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
88--Higher Education Policy Commission--
Legislative--
Funding Priorities
Control Account
(WV Code Chapter 18B)
Fund 0591 FY 2004 Org 0441
Internal Peer Equity                                  961    $         1,000,000
Research Challenge                                    502    __________663,351
            Total                                            $ 1,663,351
               Any unexpended balances remaining in the appropriations for Independently Accredited Community and Technical College Development (fund 0591, activity 491) and Research Challenge (fund 0591, activity 502) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 0591, fiscal year 2003, activity 491, organization 0441 ($1,632), fund 0351, fiscal year 2003, activity 491, organization 0464 ($7,950), fund 0355, fiscal year 2003, activity 491, organization 0482 ($7,938), fund 0361, fiscal year 2003, activity 491, organization 0484 ($62,872), fund 0364, fiscal year 2003, activity 491, organization 0485 ($56,808), fund 0377, fiscal year 2003, activity 491, organization 0491 ($15,713), fund 0380, fiscal year 2003, activity 491, organization 0487 ($7,140), fund 0383, fiscal year 2003, activity 491, organization 0489 ($4,129), fund 0587, fiscal year 2003, activity 491, organization 0492 ($5,436) and fund 0348, fiscal year 2003, activity 502, organization 0348 ($6,344) which shall expire on June 30, 2003.
            The above appropriation shall be allocated only to the state's post- secondary institutions with compacts approved by the higher education policy commission, as stated in section five, article one-a, chapter eighteen-b of the code.
Total TITLE II, Section 1--
            General Revenue                                  $_3,033,963,648
               Sec. 2. Appropriations from state road fund.--From the state road fund there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal year 2004.
DEPARTMENT OF TRANSPORTATION
89--Division of Motor Vehicles
(WV Code Chapters 17, 17A, 17B, 17C, 17D, 20 and 24A)

Fund 9007 FY 2004 Org 0802
_______________________________________________________________        State
                                                                       Road
                                                     Activity            Fund
Personal Services                                     001    $         13,022,017
Annual Increment                                      004              191,750
Employee Benefits                                     010              5,233,458
Unclassified                                       099                 20,547,069
International Fuel Tax Agreement                      536    __________560,644
            Total                                            $         39,554,938
90--Division of Highways
(WV Code Chapters 17 and 17C)

Fund 9017 FY 2004 Org 0803
Debt Service                                       040       $         50,000,000
Maintenance    237                                           243,700,000
Maintenance, Contract Paving and
            Secondary Road Maintenance                272              30,000,000
Bridge Repair and Replacement                         273              15,000,000
Inventory Revolving                                   275              2,000,000
Equipment Revolving                                   276              10,000,000
General Operations                                    277              38,768,000
Interstate Construction                               278              70,000,000
Other Federal Aid Programs                            279              340,700,000
Appalachian Programs                                  280              150,000,000
Nonfederal Aid Construction                           281              20,000,000
Highway Litter Control                                282    __________1,600,000
            Total                                            $_________971,768,000
               The above appropriations are to be expended in accordance with the provisions of chapters seventeen and seventeen-c of the code.
               The commissioner of highways shall have the authority to operate revolving funds within the state road fund for the operation and purchase of various types of equipment used directly and indirectly in the construction and maintenance of roads and for the purchase of inventories and materials and supplies.
               There is hereby appropriated within the above items sufficient money for the payment of claims, accrued or arising during this budgetary period, to be paid in accordance with sections seventeen and eighteen, article two, chapter fourteen of the code.
               It is the intent of the Legislature to capture and match all federal funds available for expenditure on the Appalachian highway system at the earliest possible time. Therefore, should amounts in excess of those appropriated be required for the purposes of Appalachian programs, funds in excess of the amount appropriated may be made available upon recommendation of the commissioner and approval of the governor. Further, for the purpose of Appalachian programs, funds appropriated to line items may be transferred to other line items upon recommendation of the commissioner and approval of the governor.
Total TITLE II, Section 2--
            State Road Fund                                  $ 1,012,023,195
_______________Sec. 3. Appropriations from other funds.--From the funds designated there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal year 2004.
LEGISLATIVE
91--Crime Victims Compensation Fund
(WV Code Chapter 14)

Fund 1731 FY 2004 Org 2300
____________                                                           Other
                                                    Activity           Funds
Personal Services                                     001    $         202,800
Annual Increment                                      004              4,770
Employee Benefits                                     010              64,134
Unclassified                                       099                 50,000
Economic Loss Claim Payment Fund (R)                  334    __________2,441,500
            Total                                            $         2,763,204
               Any unexpended balance remaining in the appropriation for Economic Loss Claim Payment Fund (fund 1731, activity 334) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
EXECUTIVE
92--Chief Technology Officer Administration Fund
(WV Code Chapter 5)
Fund 1028 FY 2004 Org 0100
Unclassified                                       099       $         1,872,961
EPSCoR Undergraduate Scientific
            Instrumentation Program                   829    __________150,000
            Total                                            $         2,022,961
93--Auditor's Office--
Land Operating Fund
(WV Code Chapters 11A, 12 and 36)

Fund 1206 FY 2004 Org 1200
Personal Services                                     001    $         209,629
Annual Increment                                      004              7,500
Employee Benefits                                     010              67,081
Unclassified                                       099       __________395,416
            Total                                            $         679,626
               There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds other than personal services or employee benefits to enable the division to pay the direct expenses relating to land sales as provided in chapter eleven-a of the code.
               The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by law.
94--Auditor's Office--
Securities Regulation Fund
(WV Code Chapter 32)

Fund 1225 FY 2004 Org 1200
Personal Services                                     001    $         723,298
Annual Increment                                      004              8,700
Employee Benefits                                     010              199,985
Unclassified                                       099       __________765,873
            Total                                            $         1,697,856
95--Auditor's Office--
Technology Support and Acquisition
(WV Code Chapter 12)

Fund 1233 FY 2004 Org 1200
Unclassified--Total                                   096    $         747,368
96--Auditor's Office--
Purchasing Card Administration Fund
(WV Code Chapter 12)

Fund 1234 FY 2004 Org 1200
Unclassified--Total                                   096    $         600,000
97--Auditor's Office--
Office of the Chief Inspector
(WV Code Chapter 6)
Fund 1235 FY 2004 Org 1200
Personal Services                                     001    $         1,769,646
Annual Increment                                      004              30,000
Employee Benefits                                     010              568,489
Unclassified                                       099       __________555,261
            Total                                            $         2,923,396
98--Treasurer's Office--
Technology Support and Acquisition
(WV Code Chapter 12)
Fund 1329 FY 2004 Org 1300
Unclassified--Total                                   096    $         100,000
99--Department of Agriculture--
Agriculture Fees Fund
(WV Code Chapter 19)

Fund 1401 FY 2004 Org 1400
Personal Services                                     001    $         936,844
Annual Increment                                      004              10,550
Employee Benefits                                     010              317,340
Unclassified                                       099       __________1,313,366
            Total                                            $         2,578,100
100--Department of Agriculture--
West Virginia Rural Rehabilitation Program
(WV Code Chapter 19)

Fund 1408 FY 2004 Org 1400
Student and Farm Loans--Total                         235    $         541,538
101--Department of Agriculture--
General John McCausland Memorial Farm
(WV Code Chapter 19)

Fund 1409 FY 2004 Org 1400
Unclassified--Total                                   096    $         80,133
               The above appropriation shall be expended in accordance with article twenty-six, chapter nineteen of the code.
102--Department of Agriculture--
Farm Operating Fund
(WV Code Chapter 19)

Fund 1412 FY 2004 Org 1400
Unclassified--Total                                   096    $         1,028,903
103--Department of Agriculture--
Donated Food Fund
(WV Code Chapter 19)
Fund 1446 FY 2004 Org 1400
Unclassified--Total                                   096    $         2,200,000
104--Attorney General--
Antitrust Enforcement
(WV Code Chapter 47)

Fund 1507 FY 2004 Org 1500
Personal Services                                     001    $         220,551
Annual Increment                                      004              935
Employee Benefits                                     010              66,885
Unclassified                                       099       __________178,285
            Total                                            $         466,656
105--Attorney General--
Preneed Funeral Regulation Fund
(WV Code Chapter 47)
Fund 1513 FY 2004 Org 1500
Unclassified--Total                                   096    $         227,284
106--Attorney General--
Preneed Funeral Guarantee Fund
(WV Code Chapter 47)
Fund 1514 FY 2004 Org 1500
Unclassified--Total                                   096    $         775,000
107--Secretary of State--
Service Fees and Collection Account
(WV Code Chapters 3, 5 and 59)
Fund 1612 FY 2004 Org 1600
Personal Services                                     001    $         968,032
Annual Increment                                      004              7,450
Employee Benefits                                     010              234,869
Unclassified                                       099       __________1,143,662
            Total                                            $         2,354,013
108--Secretary of State--
State Election Fund
(WV Code Chapter 3)
Fund 1614 FY 2004 Org 1600
Unclassified--Total                                   096    $         800,000
DEPARTMENT OF ADMINISTRATION

109--Office of the Secretary--
Tobacco Settlement Fund
(WV Code Chapter 4)

Fund 2041 FY 2004 Org 0201
Tobacco Settlement Fund--Transfer                     902    $         28,000,000
               The above appropriation for Tobacco Settlement Fund--Transfer shall be transferred to the Division of Health (fund 5124, org 0506) for expenditure.
110--Division of Finance--
Public Employees Insurance Reserve Fund
(WV Code Chapter 5A)
Fund 2207 FY 2004 Org 0209
Public Employees Insurance Reserve
            Fund--Transfer                            903    $         6,000,000
               The above appropriation for Public Employees Insurance Reserve Fund--Transfer shall be transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.
111--Division of Information Services and Communications
(WV Code Chapter 5A)
Fund 2220 FY 2004 Org 0210
Personal Services                                     001    $         6,511,072
Annual Increment                                      004              83,915
Employee Benefits                                     010              1,846,596
Unclassified   099                                 __________1,754,727
             Total                                           $         10,196,310
               The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the division of information services and communications as provided by law.
               There is hereby appropriated from this fund, in addition to the above appropriation, the necessary amount for the expenditure of funds other than personal services or employee benefits to enable the division to provide information processing services to user agencies. These services include, but are not limited to, data processing equipment, office automation and telecommunications.
               Each spending unit operating from the general revenue fund, from special revenue funds or receiving reimbursement for postage from the federal government shall be charged monthly for all postage meter service and shall reimburse the revolving fund monthly for all such amounts.
112--Division of Personnel
(WV Code Chapter 29)
Fund 2440 FY 2004 Org 0222
Personal Services                                     001    $         2,586,137
Annual Increment                                      004              54,850
Employee Benefits                                     010              822,814
Unclassified                                       099       __________901,244
            Total                                            $         4,365,045
               The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of personnel.
113--West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 2521 FY 2004 Org 0228
Unclassified--Total (R)                               096    $         574,113
               Any unexpended balance remaining in the appropriation for Unclassified--Total (fund 2521, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF EDUCATION
114--State Board of Education--
Strategic Staff Development
(WV Code Chapter 18)

Fund 3937 FY 2004 Org 0402
Unclassified--Total (R)                               096    $         550,000
               Any unexpended balance remaining in the appropriation for Unclassified--Total (fund 3937, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
115--State Department of Education--
School Building Authority
(WV Code Chapter 18)

Fund 3959 FY 2004 Org 0402
Personal Services                                     001    $         661,719
Annual Increment                                      004              6,900
Employee Benefits                                     010              230,170
Unclassified                                       099       __________264,549
            Total                                            $         1,163,338
               The above appropriation for the administrative expenses of the school building authority shall be paid from the interest earnings on debt service reserve accounts maintained on behalf of said authority.
116--State Department of Education--
FFA-FHA Camp and Conference Center
(WV Code Chapter 18)

Fund 3960 FY 2004 Org 0402
Personal Services                                     001    $         780,000
Annual Increment                                      004              11,350
Employee Benefits                                     010              275,354
Unclassified                                       099       __________1,033,296
               Total                                         $         2,100,000
DEPARTMENT OF EDUCATION AND THE ARTS
117--Office of the Secretary--
Lottery Education Fund Interest Earnings
Control Account
(WV Code Chapter 29)
Fund 3508 FY 2004 Org 0431
EPSCoR (R)     571                                 $         300,000
Research Challenge (R)                                502    __________325,000
            Total                                            $         625,000
               Any unexpended balances remaining in the appropriations for Unclassified--Total (fund 3508, activity 096), Research Challenge (fund 3508, activity 502) and EPSCoR (fund 3508, activity 571) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
118--Division of Culture and History--
Public Records and Preservation Revenue Fund
(WV Code Chapter 5A)
Fund 3542 FY 2004 Org 0432
Unclassified--Total                                   096    $         -0-
Unclassified                                       099                 922,227
Project ACCESS                                     865       __________300,000
            Total                                            $         1,222,227
119--State Board of Rehabilitation--
Division of Rehabilitation Services--
West Virginia Rehabilitation Center
Special Account
(WV Code Chapter 18)

Fund 8664 FY 2004 Org 0932
Unclassified                                       099       $         2,802,182
Workshop Development                                  163              450,000
Workshop-Supported Employment                         484    __________50,000
            Total                                            $         3,302,182
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
120--Board of Barbers and Cosmetologists
(WV Code Chapters 16 and 30)

Fund 5425 FY 2004 Org 0505
Personal Services                                     001    $         235,246
Annual Increment                                      004              4,861
Employee Benefits                                     010              79,353
Unclassified                                       099       __________124,738
            Total                                            $         444,198
               The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the board of barbers and cosmetologists as provided by law.
121--West Virginia Board of Medicine
(WV Code Chapter 30)

Fund 5106 FY 2004 Org 0506
Unclassified--Total                                   096    $         1,170,080
122--Division of Health--
Tobacco Settlement Expenditure Fund
(WV Code Chapter 4)
Fund 5124 FY 2004 Org 0506
ABCA Tobacco Retailer Education
            Program--Transfer                         239    $         200,000
Institutional Facilities
            Operations (R)                            335              22,149,408
Tobacco Education Program (R)                         906    __________5,650,592
            Total                                            $         28,000,000
               Any unexpended balances remaining in the above appropriations for Institutional Facilities Operations (fund 5124, activity 335) and Tobacco Education Program (fund 5124, activity 906) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
               From the above appropriation for ABCA Tobacco Retailer Education Program--Transfer, $200,000 shall be transferred to the Alcohol Beverage Control Administration (fund 7352, org 0708) for expenditure.
               The secretary of the department of health and human resources, prior to the beginning of the fiscal year, shall file with the legislative auditor and the department of administration an expenditure schedule for each formerly separate spending unit which has been consolidated into the above account and which receives a portion of the above appropriation for Institutional Facilities Operations. The secretary shall also, within fifteen days after the close of the six-month period of said fiscal year, file with the legislative auditor and the department of administration an itemized report of expenditures made during the preceding six-month period.
               Additional funds have been appropriated in fund 0525, fiscal year 2004, organization 0506, and fund 5156, fiscal year 2004, organization 0506, for the operation of the institutional facilities. The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the Institutional Facilities Operations line item to facilitate cost- effective and cost-saving services at the community level.
               From the above appropriation to Institutional Facilities Operations, together with available funds from the division of health- -hospital services revenue account (fund 5156, activity 335) and consolidated medical services fund (fund 0525, activity 335), on July 1, 2003, the sum of $200,000 shall be transferred to the department of agriculture--land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
123--Division of Health--
Vital Statistics
(WV Code Chapter 16)

Fund 5144 FY 2004 Org 0506
Personal Services                                     001    $         263,211
Annual Increment                                      004              8,203
Employee Benefits                                     010              114,073
Unclassified                                       099       __________99,950
            Total                                            $         485,437
124--Division of Health--
Hospital Services Revenue Account
(Special Fund)
(Capital Improvement, Renovation and Operations)
(WV Code Chapter 16)

Fund 5156 FY 2004 Org 0506
Debt Service (R)                                      040    $         2,420,000
Institutional Facilities
            Operations (R)                            335              34,591,434
Medical Services Trust Fund--
            Transfer (R)                              512    __________23,300,000
            Total                                            $         60,311,434
               Any unexpended balance remaining in the appropriation for hospital services revenue account at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004, except for fund 5156, activity 335 (fiscal years 1998 and 1999) and fund 5156, activity 040 (fiscal year 2002) which shall expire on June 30, 2003.
               The total amount of this appropriation shall be paid from the hospital services revenue account special fund created by section fifteen-a, article one, chapter sixteen of the code and shall be used for operating expenses and for improvements in connection with existing facilities and bond payments.
               The secretary of the department of health and human resources is authorized to utilize up to ten percent of the funds from the appropriation for Institutional Facilities Operations line to facilitate cost-effective and cost-saving services at the community level.
               Necessary funds from the above appropriation may be used for medical facilities operations, either in connection with this account or in connection with the line item designated Institutional Facilities Operations in the consolidated medical service fund (fund 0525, fiscal year 2004, org 0506) and the tobacco settlement expenditure fund (fund 5124, fiscal year 2004, org 0506).
               From the above appropriation to Institutional Facilities Operations, together with available funds from the consolidated medical services fund (fund 0525, activity 335) and the tobacco settlement expenditure fund (fund 5124, activity 335), on July 1, 2003, the sum of $200,000 shall be transferred to the department of agriculture--land division as advance payment for the purchase of food products; actual payments for such purchases shall not be required until such credits have been completely expended.
125--Division of Health--
Laboratory Services
(WV Code Chapter 16)

Fund 5163 FY 2004 Org 0506
Personal Services                                     001    $         502,830
Annual Increment                                      004              9,450
Employee Benefits                                     010              183,491
Unclassified                                       099       __________217,476
            Total                                            $         913,247
126--Division of Health--
Health Facility Licensing
(WV Code Chapter 16)

Fund 5172 FY 2004 Org 0506
Personal Services                                     001    $         201,430
Annual Increment                                      004              2,800
Employee Benefits                                     010              43,712
Unclassified                                       099       __________125,070
            Total                                            $         373,012
127--Division of Health--
Hepatitis B Vaccine
(WV Code Chapter 16)
Fund 5183 FY 2004 Org 0506
Personal Services                                     001    $         56,071
Annual Increment                                      004              1,150
Employee Benefits                                     010              20,804
Unclassified                                       099       __________2,996,821
            Total                                            $         3,074,846
128--Division of Health--
Lead Abatement Fund
(WV Code Chapter 16)

Fund 5204 FY 2004 Org 0506
Unclassified--Total                                   096    $         20,000
129--Division of Health--
West Virginia Birth-to-Three Fund
(WV Code Chapter 16)
Fund 5214 FY 2004 Org 0506
Personal Services                                     001    $         500,000
Annual Increment                                      004              4,000
Employee Benefits                                     010              192,276
Unclassified                                       099       __________20,303,724
            Total                                            $         21,000,000
130--West Virginia Health Care Authority
(WV Code Chapter 16)

Fund 5375 FY 2004 Org 0507
Personal Services                                     001    $         1,940,548
Annual Increment                                      004              -0-
Employee Benefits                                     010              577,273
Unclassified                                       099                 3,463,470
Hospital Assistance                                   025    __________500,000
            Total                                            $         6,481,291
               The above appropriation is to be expended in accordance with and pursuant to the provisions of article twenty-nine-b, chapter sixteen of the code and from the special revolving fund designated health care cost review fund.
131--Division of Human Services--
Health Care Provider Tax
(WV Code Chapter 11)

Fund 5090 FY 2004 Org 0511
Unclassified--Total                                   096    $         143,350,133
               From the above appropriation, an amount not to exceed $200,000 shall be transferred to a special revenue account in the treasury for use by the department of health and human resources for administrative purposes. The remainder of all moneys deposited in the fund shall be transferred to the West Virginia medical services fund.
132--Division of Human Services--
Child Support Enforcement
(WV Code Chapter 48A)
Fund 5094 FY 2004 Org 0511
Unclassified--Total (R)                               096    $         30,781,971
               Any unexpended balance remaining in the appropriation for Unclassified--Total (fund 5094, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
133--Division of Human Services--
Medical Services Trust Fund
(WV Code Chapter 9)

Fund 5185 FY 2004 Org 0511
Payment to Nonstate Hospitals DPSH                    492    $         -0-
Eligibility Expansion                                 582              1,958,066
State Institutions DPSH Payments                      583              -0-
Hospice Services                                      584              -0-
Public Employees Insurance Reserve
            Fund--Transfer                            903              6,000,000
Match Drop     585                                        -0-
Unclassified                                       099       __________27,877,927
            Total                                            $         35,835,993
               The above appropriation to Unclassified shall be used to provide state match of Medicaid expenditures as defined and authorized in subsection (c), section two-a, article four-a, chapter nine of the code. Expenditures from the fund are limited to the following: Payment of backlogged billings, funding for services to future federally mandated population groups and payment of the required state match for medicaid disproportionate share payments. The remainder of all moneys deposited in the fund shall be transferred to the division of human services accounts.
134--Division of Human Services--
James "Tiger" Morton Catastrophic Illness Fund
(WV Code Chapter 16)
Fund 5454 FY 2004 Org 0511
Unclassified--Total                                   096    $         1,700,000
135--Family Protection Services Board--
Domestic Violence Legal Services Fund
(WV Code Chapter 48)
Fund 5455 FY 2004 Org 0511
Unclassified--Total                                   096      $        372,245
DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY
136--Department of Military Affairs and Public Safety--
Office of the Secretary--
Law-Enforcement, Safety and
Emergency Worker Funeral
Expense Payment Fund
(WV Code Chapter 15)
Fund 6003 FY 2004 Org 0601
Unclassified--Total                                   096    $         20,000
137--State Armory Board--
General Armory Fund
(WV Code Chapter 15)

Fund 6057 FY 2004 Org 0603
Unclassified--Total                                   096    $         675,067
138--West Virginia Division of Corrections--
Parolee Supervision Fees
(WV Code Chapter 62)

Fund 6362 FY 2004 Org 0608
Personal Services                                     001    $         116,774
Annual Increment                                      004              1,651
Employee Benefits                                     010              52,130
Unclassified                                       099       __________234,989
            Total                                            $         405,544
139--West Virginia State Police--
Motor Vehicle Inspection Fund
(WV Code Chapter 17C)

Fund 6501 FY 2004 Org 0612
Personal Services                                     001    $         1,141,117
Annual Increment                                      004              3,600
Employee Benefits                                     010              346,696
Unclassified                                       099                 562,979
BRIM Premium                                       913       __________190,683
            Total                                            $         2,245,075
               The total amount of this appropriation shall be paid from the special revenue fund out of fees collected for inspection stickers as provided by law.
140--West Virginia State Police--
Drunk Driving Prevention Fund
(WV Code Chapter 15)

Fund 6513 FY 2004 Org 0612
Unclassified                                       099       $         885,531
BRIM Premium                                       913       __________97,381
            Total                                            $         982,912
               The total amount of this appropriation shall be paid from the special revenue fund out of receipts collected pursuant to sections nine-a and sixteen, article fifteen, chapter eleven of the code and paid into a revolving fund account in the state treasury.
141--West Virginia State Police--
Surplus Real Property Proceeds Fund
(WV Code Chapter 15)

Fund 6516 FY 2004 Org 0612
Unclassified                                       099       $         469,082
BRIM Premium                                       913       __________48,687
            Total                                            $         517,769
               From the cash balance available the amount of $1,200,000 shall be transferred to fund 6519, fiscal year 2004, organization 0612, as reimbursement for funds transferred by legislative action during fiscal year 2003.
142--West Virginia State Police--
Surplus Transfer Account
(WV Code Chapter 15)

Fund 6519 FY 2004 Org 0612

Unclassified (R)                                      099    $         350,000
BRIM Premium                                       913         ________________34,086
            Total                                            $         384,086
               Any unexpended balance remaining in the appropriation for Unclassified (fund 6519, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 6519, fiscal year 2002, activity 099 which shall expire on June 30, 2003.
143--West Virginia State Police--
Central Abuse Registry Fund
(WV Code Chapter 15)
Fund 6527 FY 2004 Org 0612
Unclassified                                       099       $         193,884
BRIM Premium                                       913       __________11,678
            Total                                            $         205,562
144--West Virginia State Police--
Bail Bond Enforcer Fund
(WV Code Chapter 15)
Fund 6532 FY 2004 Org 0612
Unclassified--Total                                   096    $         20,000
145--Regional Jail and Correctional
Facility Authority
(WV Code Chapter 31)

Fund 6675 FY 2004 Org 0615
Personal Services                                     001    $         1,215,646
Annual Increment                                      004              14,750
Employee Benefits                                     010              406,374
Debt Service                                       040                 9,000,000
Unclassified                                       099       __________672,230
            Total                                            $         11,309,000
               The Legislature reasonably expects the West Virginia regional jail and correctional facility authority to reimburse the West Virginia state police for the cost of the acquisition of the approximate 32 acres and three buildings situated along Academy Drive, Institute, West Virginia, and abutting the West Virginia state police academy from proceeds of bonds issued by the West Virginia economic development authority on behalf of the West Virginia regional jail and correctional facility authority, anticipated to be issued on or about September 1, 2003. The source of original payment for the land acquisition was fund 6516, organization 0612, and upon issuance of the bonds, proceeds thereof not to exceed the amount of such capital expenditures will be applied to reimbursement of fund 6516, organization 0612, from the appropriate account(s) or fund(s) from the West Virginia regional jail and correctional facility authority or its trustee. The maximum amount of such reimbursement is $1,500,000 and the maximum principal amount of bonds to be issued for design, acquisition, construction and equipping of the regional jail and economic development authority projects is $50,000,000.
146--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 19A)

Fund 6754 FY 2004 Org 0618
Unclassified--Total                                   096    $         466,000
147--Fire Commission--
Fire Marshal Fees
(WV Code Chapter 29)

Fund 6152 FY 2004 Org 0619
Personal Services                                     001    $         750,985
Annual Increment                                      004              7,000
Employee Benefits                                     010              272,000
Unclassified                                       099       __________289,950
            Total                                            $         1,319,935
               Any unexpended cash balance remaining in fund 6152 at the close of the fiscal year 2003 is hereby available for expenditure as part of the fiscal year 2004 appropriation.
148--Division of Criminal Justice Services--
West Virginia Community Corrections Fund
(WV Code Chapter 62)

Fund 6386 FY 2004 Org 0620
Unclassified--Total                                   096    $         2,000,000
149--Criminal Justice Services--
Court Security Fund
(Executive Order)

Fund 6804 FY 2004 Org 0620
Unclassified--Total                                   096    $         1,000,000
DEPARTMENT OF TAX AND REVENUE
150--Division of Banking
(WV Code Chapter 31A)

Fund 3041 FY 2004 Org 0303
Personal Services                                     001    $         1,485,680
Annual Increment                                      004              13,350
Employee Benefits                                     010              451,851
Unclassified                                       099       __________643,683
            Total                                            $         2,594,564
151--Tax Division--
Cemetery Company Account
(WV Code Chapter 35)

Fund 7071 FY 2004 Org 0702
Personal Services                                     001    $         17,274
Annual Increment                                      004              125
Employee Benefits                                     010              5,384
Unclassified                                       099       __________10,144
            Total                                            $         32,927
152--Tax Division--
Special Audit and Investigative Unit
(WV Code Chapter 11)

Fund 7073 FY 2004 Org 0702
Personal Services                                     001    $         830,304
Annual Increment                                      004              16,000
Employee Benefits                                     010              270,407
Unclassified                                       099       __________362,179
            Total                                            $         1,478,890
153--Insurance Commissioner--
Examination Revolving Fund
(WV Code Chapter 33)

Fund 7150 FY 2004 Org 0704
Personal Services                                     001    $         556,330
Annual Increment                                      004              2,500
Employee Benefits                                     010              143,220
Unclassified                                       099       __________487,760
            Total                                            $         1,189,810
154--Insurance Commissioner--
Consumer Advocate
(WV Code Chapter 33)

Fund 7151 FY 2004 Org 0704
Personal Services                                     001    $         276,028
Annual Increment                                      004              2,000
Employee Benefits                                     010              88,390
Unclassified                                       099       __________104,153
            Total                                            $         470,571
155--Insurance Commissioner
(WV Code Chapter 33)

Fund 7152 FY 2004 Org 0704
Personal Services                                     001    $         2,716,953
Annual Increment                                      004              35,000
Employee Benefits                                     010              866,220
Unclassified                                       099       __________949,834
            Total                                            $         4,568,007
               The total amount of this appropriation shall be paid from a special revenue fund out of collections of fees and charges as provided by law.
156--Racing Commission--
Relief Fund
(WV Code Chapter 19)
Fund 7300 FY 2004 Org 0707
Medical Expenses--Total                               245    $         57,000
               The total amount of this appropriation shall be paid from the special revenue fund out of collections of license fees and fines as provided by law.
               No expenditures shall be made from this account except for hospitalization, medical care and/or funeral expenses for persons contributing to this fund.
157--Racing Commission--
Administration and Promotion
(WV Code Chapter 19)

Fund 7304 FY 2004 Org 0707
Personal Services                                     001    $         66,444
Annual Increment                                      004              1,000
Employee Benefits                                     010              24,152
Unclassified                                       099       __________47,358
            Total                                            $         138,954
158--Racing Commission--
General Administration
(WV Code Chapter 19)

Fund 7305 FY 2004 Org 0707
Personal Services                                     001    $         1,805,943
Annual Increment                                      004              20,250
Employee Benefits                                     010              482,303
Unclassified                                       099       __________374,550
            Total                                            $         2,683,046
159--Racing Commission--
Administration, Promotion and Education Fund
(WV Code Chapter 19)

Fund 7307 FY 2004 Org 0707
Unclassified--Total                                   096    $         65,000
160--Alcohol Beverage Control Administration--
Wine License Special Fund
(WV Code Chapter 60)

Fund 7351 FY 2004 Org 0708
Personal Services                                     001    $         224,718
Annual Increment                                      004              3,200
Employee Benefits                                     010              78,856
Unclassified                                       099       __________156,016
            Total                                            $         462,790
               To the extent permitted by law, four classified-exempt positions shall be provided from Personal Services line item for field auditors.
161--Alcohol Beverage Control Administration
(WV Code Chapter 60)

Fund 7352 FY 2004 Org 0708
Personal Services                                     001    $         3,585,014
Annual Increment                                      004              76,000
Employee Benefits                                     010              1,281,893
Unclassified (R)                                      099    __________1,918,070
            Total                                            $         6,860,977
               Any unexpended balance remaining in Unclassified (fund 7352, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               From the above appropriation an amount of $500,000 shall be used for the Tobacco/Alcohol Education Program. To the extent permitted by law, classified-exempt positions shall be provided from Personal Services line item for the educator-inspector positions to be used in the education and enforcement activities relating to underage tobacco and alcohol use and sales.
               The total amount of this appropriation shall be paid from a special revenue fund out of liquor revenues.
               The above appropriation includes the salary of the commissioner and the salaries, expenses and equipment of administrative offices, warehouses and inspectors.
               There is hereby appropriated from liquor revenues, in addition to the above appropriation, the necessary amount for the purchase of liquor as provided by law.
DEPARTMENT OF TRANSPORTATION
162--Division of Motor Vehicles--
Driver's License Reinstatement Fund
(WV Code Chapter 17B)

Fund 8213 FY 2004 Org 0802
Personal Services                                     001    $         394,810
Annual Increment                                      004              5,650
Employee Benefits                                     010              165,707
Unclassified                                       099       __________277,355
            Total                                            $         843,522
163--Division of Motor Vehicles--
Driver Rehabilitation
(WV Code Chapter 17C)

Fund 8214 FY 2004 Org 0802
Unclassified--Total                                   096    $         182,194
164--Division of Motor Vehicles--
Insurance Certificate Fees
(WV Code Chapter 20)

Fund 8215 FY 2004 Org 0802
Personal Services                                     001    $         621,000
Annual Increment                                      004              15,750
Employee Benefits                                     010              258,546
Unclassified                                       099       __________48,165
            Total                                            $         943,461
165--Division of Motor Vehicles--
Motorboat Licenses
(WV Code Chapter 20)

Fund 8216 FY 2004 Org 0802
Unclassified--Total                                   096    $         247,704
166--Division of Motor Vehicles--
Returned Check Fees
(WV Code Chapter 17)

Fund 8217 FY 2004 Org 0802
Unclassified--Total                                   096    $         16,000
167--Division of Motor Vehicles--
Dealer Recovery Fund
(WV Code Chapter 17)

Fund 8220 FY 2004 Org 0802
Unclassified--Total                                   096    $         200,000
168--Division of Highways--
A. James Manchin Fund
(WV Code Chapter 17)

Fund 8319 FY 2004 Org 0803
Unclassified--Total                                   096    $         3,625,000
BUREAU OF COMMERCE
169--Division of Forestry
(WV Code Chapter 19)

Fund 3081 FY 2004 Org 0305
Personal Services                                     001    $         368,845
Annual Increment                                      004              7,200
Employee Benefits                                     010              136,784
Unclassified                                       099       __________262,771
            Total                                            $         775,600
170--Division of Forestry--
Timberland Enforcement Operations
(WV Code Chapter 19)

Fund 3082 FY 2004 Org 0305
Unclassified--Total                                   096    $         150,000
171--Division of Forestry--
Severance Tax Operations
(WV Code Chapter 11)

Fund 3084 FY 2004 Org 0305
Unclassified--Total                                   096    $         3,722,575
172--Geological and Economic Survey
(WV Code Chapter 29)

Fund 3100 FY 2004 Org 0306
Personal Services                                     001    $         42,818
Annual Increment                                      004              709
Employee Benefits                                     010              10,873
Unclassified                                       099       __________173,756
            Total                                            $         228,156
               The above appropriation shall be used in accordance with section four, article two, chapter twenty-nine of the code.
173--West Virginia Development Office--
Energy Assistance
(WV Code Chapter 5B)

Fund 3144 FY 2004 Org 0307
Energy Assistance--Total (R)                          647    $         300,000
               Any unexpended balance remaining in the appropriation for Energy Assistance--Total (fund 3144, activity 647) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
174--West Virginia Development Office--
Office of Coalfield Community Development
(WV Code Chapter 5B)
Fund 3162 FY 2004 Org 0307
Unclassified--Total (R)                               096    $         478,943
               Any unexpended balance remaining in the above appropriation for Unclassified--Total (fund 3162, activity 096) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
175--Division of Labor--
Contractor Licensing Board Fund
(WV Code Chapter 21)

Fund 3187 FY 2004 Org 0308
Personal Services                                     001    $         940,540
Annual Increment                                      004              13,160
Employee Benefits                                     010              377,410
Unclassified                                       099       __________560,576
            Total                                            $         1,891,686
176--Division of Labor--
Elevator Safety Act
(WV Code Chapter 21)
Fund 3188 FY 2004 Org 0308
Personal Services                                     001    $         162,700
Annual Increment                                      004              1,813
Employee Benefits                                     010              65,027
Unclassified                                       099       __________86,521
            Total                                            $         316,061
177--Division of Labor--
Crane Operator Certification Fund
(WV Code Chapter 21)
Fund 3191 FY 2004 Org 0308
Unclassified--Total                                   096    $         115,031
178--Division of Labor--
Amusement Rides/Amusement Attraction Safety Fund
(WV Code Chapter 21)
Fund 3192 FY 2004 Org 0308
Unclassified--Total                                   096    $         101,135
179--Division of Natural Resources
(WV Code Chapter 20)
Fund 3200 FY 2004 Org 0310
Personal Services                                     001    $         -0-
Annual Increment                                      004              -0-
Employee Benefits                                     010              -0-
Unclassified                                       099                 -0-
Capital Improvements and Land
            Purchase (R)                              248              1,260,000
Administration                                     155                 1,656,690
Wildlife Resources                                    023              6,074,534
Law Enforcement                                       806              6,074,534
Radio System                                       024       __________2,000,000
            Total                                            $         17,065,758
               The total amount of this appropriation shall be paid from a special revenue fund out of fees collected by the division of natural resources.
               Any unexpended balance remaining in the appropriation for Capital Improvements and Land Purchase (fund 3200, activity 248) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
180--Division of Natural Resources--
Game, Fish and Aquatic Life Fund
(WV Code Chapter 20)
Fund 3202 FY 2004 Org 0310
Unclassified--Total                                   096    $         20,000
181--Division of Natural Resources--
Nongame Fund
(WV Code Chapter 20)
Fund 3203 FY 2004 Org 0310
Personal Services                                     001    $         192,000
Annual Increment                                      004              1,400
Employee Benefits                                     010              79,324
Unclassified                                       099       __________88,356
            Total                                            $         361,080
182--Division of Natural Resources--
Planning and Development Division
(WV Code Chapter 20)
Fund 3205 FY 2004 Org 0310
Personal Services                                     001    $         234,568
Annual Increment                                      004              6,400
Employee Benefits                                     010              98,304
Unclassified                                       099       __________146,355
            Total                                            $         485,627
183--Division of Natural Resources--
Whitewater Study and Improvement Fund
(WV Code Chapter 20)
Fund 3253 FY 2004 Org 0310
Unclassified--Total                                   096    $         185,000
184--Division of Natural Resources--
Recycling Assistance Fund
(WV Code Chapter 20)
Fund 3254 FY 2004 Org 0310
Personal Services                                     001    $         226,917
Annual Increment                                      004              3,200
Employee Benefits                                     010              99,416
Unclassified (R)                                      099    __________2,414,467
            Total                                            $         2,744,000
               Any unexpended balance remaining in the appropriation for Unclassified (fund 3254, activity 099) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
185--Division of Natural Resources--
Whitewater Advertising and Promotion Fund
(WV Code Chapter 20)

Fund 3256 FY 2004 Org 0310
Unclassified--Total                                   096    $         20,000
186--Miners' Health, Safety and Training Fund
(WV Code Chapter 22A)
Fund 3351 FY 2004 Org                               0314
Personal Services                                     001    $         400,300
Employee Benefits                                     010              143,750
Unclassified                                       099                 845,950
WV Mining Extension Service                           026    __________150,000
            Total                                            $         1,540,000
BUREAU OF EMPLOYMENT PROGRAMS
187--Bureau of Employment Programs--
Workers' Compensation Fund
(WV Code Chapter 23)

Fund 3440 FY 2004 Org 0322
Personal Services                                     001    $         29,400,673
Annual Increment                                      004              443,253
Employee Benefits                                     010              11,114,158
Unclassified (R)                                      099              28,301,647
Technology Improvements (R)                           599              2,000,000
Employer Excess Liability Fund                        226    __________117,197
            Total                                            $         71,376,928
               Any unexpended balances remaining in the appropriations for Unclassified (fund 3440, activity 099) and Technology Improvements (fund 3440, activity 599) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
188--Solid Waste Management Board
(WV Code Chapter 20)

Fund 3288 FY 2004 Org 0312
Personal Services                                     001    $         631,065
Annual Increment                                      004              3,700
Employee Benefits                                     010              190,621
Unclassified                                       099       __________1,894,662
            Total                                            $         2,720,048
189--Division of Environmental Protection--
Special Reclamation Trust Fund
(WV Code Chapter 22A)

Fund 3321 FY 2004 Org 0313
Personal Services                                     001    $         827,610
Annual Increment                                      004              7,850
Employee Benefits                                     010              346,868
Unclassified                                       099       __________17,643,140
            Total                                            $         18,825,468
190--Division of Environmental Protection--
Oil and Gas Reclamation Trust
(WV Code Chapter 22B)

Fund 3322 FY 2004 Org 0313
Unclassified--Total                                   096    $         150,000
191--Division of Environmental Protection--
Oil and Gas Operating Permits
(WV Code Chapter 22B)

Fund 3323 FY 2004 Org 0313
Personal Services                                     001    $         264,368
Annual Increment                                      004              3,400
Employee Benefits                                     010              89,686
Unclassified                                       099       __________503,448
            Total                                            $         860,902
192--Division of Environmental Protection--
Mining and Reclamation Operations Fund
(WV Code Chapter 22)

Fund 3324 FY 2004 Org 0313
Personal Services                                     001    $         5,108,765
Annual Increment                                      004              53,503
Employee Benefits                                     010              1,927,506
Unclassified                                       099       __________3,356,496
            Total                                            $         10,446,270
193--Division of Environmental Protection--
Underground Storage Tanks--
Administrative Fund
(WV Code Chapter 20)

Fund 3325 FY 2004 Org 0313
Personal Services                                     001    $         300,313
Annual Increment                                      004              3,200
Employee Benefits                                     010              103,371
Unclassified                                       099       __________124,523
            Total                                            $         531,407
194--Division of Environmental Protection--
Hazardous Waste Emergency and Response Fund
(WV Code Chapter 20)

Fund 3331 FY 2004 Org 0313
Personal Services                                     001    $         525,160
Annual Increment                                      004              6,680
Employee Benefits                                     010              163,706
Unclassified                                       099       __________928,550
            Total                                            $         1,624,096
195--Division of Environmental Protection--
Solid Waste Reclamation and
Environmental Response Fund
(WV Code Chapter 20)

Fund 3332 FY 2004 Org 0313
Personal Services                                     001    $         238,196
Annual Increment                                      004              1,900
Employee Benefits                                     010              73,084
Unclassified                                       099       __________1,008,156
            Total                                            $         1,321,336
196--Division of Environmental Protection--
Solid Waste Enforcement Fund
(WV Code Chapter 20)

Fund 3333 FY 2004 Org 0313
Personal Services                                     001    $         1,608,921
Annual Increment                                      004              26,850
Employee Benefits                                     010              545,959
Unclassified                                       099       __________729,391
            Total                                            $         2,911,121
197--Division of Environmental Protection--
Fees and Operating Expenses
(WV Code Chapter 16)

Fund 3336 FY 2004 Org 0313
Personal Services                                     001    $         3,725,624
Annual Increment                                      004              32,650
Employee Benefits                                     010              1,169,957
Unclassified                                       099       __________2,226,479
            Total                                            $         7,154,710
198--Division of Environmental Protection--
Environmental Laboratory
Certification Fund
(WV Code Chapter 22)

Fund 3340 FY 2004 Org 0313
Personal Services                                     001    $         133,798
Annual Increment                                      004              2,050
Employee Benefits                                     010              50,672
Unclassified                                       099       __________185,322
            Total                                            $         371,842
199--Division of Environmental Protection--
Stream Restoration Fund

Fund 3349 FY 2004 Org 0313
Unclassified--Total                                   096    $         2,000,000
200--Division of Environmental Protection--
Mountaintop Removal Fund
(WV Code Chapter 22)
Fund 3490 FY 2004 Org 0313
Unclassified--Total                                   096    $         1,415,856
201--Oil and Gas Conservation Commission
(WV Code Chapter 22)

Fund 3371 FY 2004 Org 0315
Personal Services                                     001    $         154,969
Annual Increment                                      004              1,900
Employee Benefits                                     010              30,726
Unclassified                                       099       __________47,362
            Total                                            $         234,957
HIGHER EDUCATION POLICY COMMISSION
202--Health Sciences--
West Virginia University Health Sciences Center
(WV Code Chapters 18 and 18B)

Fund 4179 FY 2004 Org 0463
Unclassified--Total (R)                               096    $         15,359,467
               Any unexpended balance remaining in the appropriation for West Virginia University Health Sciences Center is hereby reappropriated for expenditure during the fiscal year 2004.
203--Higher Education Policy Commission--
System--
Registration Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)

Fund 4902 FY 2004 Org 0442
Debt Service (R)                                      040    $         5,622,243
General Capital Expenditures (R)                      306    __________500,000
            Total                                            $         6,122,243
               Any unexpended balances remaining in the appropriations are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 4902, fiscal year 2000, activity 251; fund 4902, fiscal year 2000, activity 438; and fund 4902, fiscal year 2002, activity 306 ($7,000,000) which shall expire on June 30, 2003.
               The total amount of this appropriation shall be paid from the special capital improvement fund created in section eight, article ten, chapter eighteen-b of the code. Projects are to be paid on a cash basis and made available from the date of passage.
               The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
204--Higher Education Policy Commission--
System--
Tuition Fee Capital Improvement Fund
(Capital Improvement and Bond Retirement Fund)
Control Account
(WV Code Chapters 18 and 18B)

Fund 4903 FY 2004 Org 0442
Debt Service (R)                                      040    $         14,965,858
General Capital Expenditures (R)                      306              500,000
Facilities Planning and
            Administration (R)                        386    __________387,975
            Total                                            $         15,853,833
               Any unexpended balances remaining in the appropriations are hereby reappropriated for expenditure during the fiscal year 2004, with the exception of fund 4903, fiscal year 1999 and fiscal year 2000, activity 040; fund 4903, fiscal year 2000, activity 258; fund 4903, fiscal year 2000, activity 438; fund 4903, fiscal year 1996, activity 458; and fund 4903, fiscal year 2002, activity 306 ($22,800,000) which shall expire on June 30, 2003.
               The total amount of this appropriation shall be paid from the special capital improvement fund created in article twelve-b, chapter eighteen of the code. Projects are to be paid on a cash basis and made available from the date of passage.
               The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.
205--Higher Education Policy Commission--
1977 State System Registration Fee Refund Revenue Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4905 FY 2004 Org 0442
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The appropriation shall be paid from available unexpended cash balances and interest earnings accruing to the fund. The appropriation shall be expended at the discretion of the higher education policy commission and the funds may be allocated to any institution within the system.
               The total amount of this appropriation shall be paid from the unexpended proceeds of revenue bonds previously issued pursuant to section eight, article ten, chapter eighteen-b of the code, which have since been refunded.
206--Higher Education Policy Commission--
Tuition Fee Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4906 FY 2004 Org 0442
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The appropriation shall be paid from available unexpended cash balances and interest earnings accruing to the fund. The appropriation shall be expended at the discretion of the Higher Education Policy Commission and the funds may be allocated to any institution within the system.
               The total amount of this appropriation shall be paid from the unexpended proceeds of revenue bonds previously issued pursuant to section eight, article twelve-b, chapter eighteen of the code, which have since been refunded.
207--Higher Education Policy Commission--
State University System Revenue Bond Construction Fund
(WV Code Chapters 18 and 18B)
Fund 4907 FY 2004 Org 0442
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
208--Higher Education Policy Commission--
Fairmont State College
(WV Code Chapters 18 and 18B)
Fund 4457 FY 2004 Org 0484
Capital Improvements--Total (R)                       958    $         235,000
               The total amount of this appropriation is from the sale of the Shaw House and shall be used for the additional purchase of real property or technology or for capital improvements at Fairmont State College. The above appropriation shall be available from the date of passage.
MISCELLANEOUS BOARDS AND COMMISSIONS
209--Hospital Finance Authority
(WV Code Chapter 16)

Fund 5475 FY 2004 Org 0509
Personal Services                                     001    $         46,074
Annual Increment                                      004              650
Employee Benefits                                     010              15,753
Unclassified                                       099       __________88,687
            Total                                            $         151,164
               The total amount of this appropriation shall be paid from the special revenue fund out of fees and collections as provided by article twenty-nine-a, chapter sixteen of the code.
210--Municipal Bond Commission
(WV Code Chapter 13)

Fund 7253 FY 2004 Org 0706
Personal Services                                     001    $         161,262
Annual Increment                                      004              4,100
Employee Benefits                                     010              58,913
Unclassified                                       099       __________81,890
            Total                                            $         306,165
211--West Virginia State Board of Examiners
for Licensed Practical Nurses
(WV Code Chapter 30)
Fund 8517 FY 2004 Org 0906
Unclassified--Total                                   096    $         348,090
212--West Virginia Board of Examiners
for Registered Professional Nurses
(WV Code Chapter 30)
Fund 8520 FY 2004 Org 0907
Unclassified--Total                                   096    $         882,136
213--Public Service Commission
(WV Code Chapter 24)

Fund 8623 FY 2004 Org 0926
Personal Services                                     001    $         7,916,582
Annual Increment                                      004              130,000
Employee Benefits                                     010              2,535,487
Unclassified                                       099                 2,449,324
Debt Payment/Capital Outlay                           520              350,000
BRIM Premium                                       913       __________139,752
            Total                                            $         13,521,145
               The total amount of this appropriation shall be paid from a special revenue fund out of collections for special license fees from public service corporations as provided by law.
               The public service commission is authorized to spend up to $250,000, from surplus funds in this account, to meet the expected deficiencies in the motor carrier division account due to passage of enrolled house bill no. 2715, regular session, 1997.
214--Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)

Fund 8624 FY 2004 Org 0926
Personal Services                                     001    $         146,426
Annual Increment                                      004              5,556
Employee Benefits                                     010              50,587
Unclassified                                       099       __________87,053
            Total                                            $         289,622
               The total amount of this appropriation shall be paid from a special revenue fund out of receipts collected for or by the public service commission pursuant to and in the exercise of regulatory authority over pipeline companies as provided by law.
215--Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)

Fund 8625 FY 2004 Org 0926
Personal Services                                     001    $         1,582,433
Annual Increment                                      004              40,000
Employee Benefits                                     010              548,205
Unclassified                                       099       __________574,469
            Total                                            $         2,745,107
               The total amount of this appropriation shall be paid from a special revenue fund out of receipts collected for or by the public service commission pursuant to and in the exercise of regulatory authority over motor carriers as provided by law.
216--Public Service Commission--
Consumer Advocate
(WV Code Chapter 24)

Fund 8627 FY 2004 Org 0926
Personal Services                                     001    $         480,577
Annual Increment                                      004              5,900
Employee Benefits                                     010              135,446
Unclassified                                       099                 284,633
BRIM Premium                                       913       __________2,453
            Total                                            $         909,009
               The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the public service commission.
217--Real Estate Commission
(WV Code Chapter 30)

Fund 8635 FY 2004 Org 0927
Personal Services                                     001    $         360,695
Annual Increment                                      004              5,900
Employee Benefits                                     010              115,491
Unclassified                                       099       __________237,335
            Total                                            $         719,421
               The total amount of this appropriation shall be paid out of collections of license fees as provided by law.
218--West Virginia Board of Examiners
for Speech-Language Pathology and Audiology
(WV Code Chapter 30)
Fund 8646 FY 2004 Org 0930
Unclassified--Total                                   096    $         54,945
219--West Virginia Board of Respiratory Care
(WV Code Chapter 30)
Fund 8676 FY 2004 Org 0935
Unclassified--Total                                   096    $         115,000
220--West Virginia Board of Licensed Dietitians
(WV Code Chapter 30)

Fund 8680 FY 2004 Org 0936
Unclassified--Total                                   096    $         20,000
221--Massage Therapy Licensure Board
(WV Code Chapter 30)
Fund 8671 FY 2004 Org 0938
Unclassified--Total                                   096    $_________80,000
Total TITLE II, Section 3--
            Other Funds                                      $_________674,270,312
_______________Sec. 4. Appropriations from lottery net profits.--Net profits of the lottery are to be deposited by the director of the lottery to the following accounts in the amounts indicated. The director of the lottery shall prorate each deposit of net profits in the proportion the appropriation for each account bears to the total of the appropriations for all accounts.
               After first satisfying the requirements for fund 2252 and fund 3963 pursuant to section eighteen, article twenty-two, chapter twenty- nine of the code, the director of the lottery shall make available from the remaining net profits of the lottery any amounts needed to pay debt service for which the appropriation is made for fund 3167 and is authorized to transfer any such amounts to fund 3167 for that purpose. Upon receipt of reimbursement of amounts so transferred, the director of the lottery shall deposit the reimbursement amounts to the following accounts as required by this section.
222--Education, Arts, Sciences and Tourism--
Debt Service Fund
(WV Code Chapter 5)

Fund 2252 FY 2004 Org 0211
_______________________________________________________________        Lottery
                                                    Activity           Funds
Debt Service--Total                                   310    $         10,000,000
223--West Virginia Development Office--
Division of Tourism
(WV Code Chapter 5B)

Fund 3067 FY 2004 Org 0304
Tourism--Telemarketing Center                         463    $         90,000
Tourism--Advertising (R)                              618              3,597,930
State Parks and Recreation
            Advertising (R)                           619              684,000
Capitol Complex--Capital Outlay (R)                   417              2,000,000
WV Film Development Office                            498              102,139
Motor Sports Council                                  513              90,000
Tourism--Special Projects (R)                         859              1,000,000
Tourism--Unclassified (R)                             662    __________4,185,765
            Total                                            $         11,749,834
               Any unexpended balances remaining in the appropriations for Tourism--Advertising (fund 3067, activity 618), State Parks and Recreation Advertising (fund 3067, activity 619), Capitol Complex-- Capital Outlay (fund 3067, activity 417), Tourism--Special Projects (fund 3067, activity 859), Tourism--Unclassified (fund 3067, activity 662) and Tourism--Unclassified--Lottery Surplus (fund 3067, activity 773) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
224--Division of Natural Resources
(WV Code Chapter 20)

Fund 3267 FY 2004 Org 0310
Unclassified (R)                                      099    $         2,437,952
Pricketts Fort State Park                             324              108,000
Nongame Wildlife                                      527              488,938
West Virginia Stream Partners
            Program                                   637              90,000
Gypsy Moth Suppression
            Program for State Parks                   017    __________50,000
            Total                                            $         3,174,890
               Any unexpended balances remaining in the appropriations for Unclassified (fund 3267, activity 099), State Recreation Area Improvements (fund 3267, activity 307), Capital Outlay--Parks (fund 3267, activity 288), Flood Reparations (fund 3267, activity 400), Parks Operations--Unclassified (fund 3267, activity 645), State Parks- -Special Projects (fund 3267, activity 860), Computerized Lodging Reservation System (fund 3267, activity 910) and State Parks Repairs, Renovations, Maintenance and Life Safety Repairs (fund 3267, activity 911) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
225--State Department of Education
(WV Code Chapters 18 and 18A)

Fund 3951 FY 2004 Org 0402
Teachers Retirement System                            019    $         6,494,130
Educational Program Allowance                         996              250,000
Traditional Student Increased
            Enrollment--5 years through
            12th grade                                997              2,000,000
Safe Schools                                       143                 1,000,000
Computer Basic Skills (R)                             145              4,000,000
S.U.C.C.E.S.S. (R)                                    255              4,000,000
Computer Study                                     998                 100,000
Technology Repair and
            Modernization (R)                         298              1,000,000
Program Modernization                                 305              725,000
READS Program                                      365                 300,000
MATH Program                                       368                 300,000
Vocational Education Equipment
            Replacement                               393              819,750
Assessment Program                                    396              6,629,697
Employment Programs Rate Relief                       401              878,189
Adverse Impact on Counties                            968              600,000
Three-Tier Funding                                    411              1,000,000
Technology and Telecommunications
            Initiative (R)                            596              807,806
Virtual Schools on the Internet                       178              445,668
Teacher Reimbursement                                 573              150,000
Teacher Relocation                                    574              50,000
National Science Foundation Match/
            WV Science                                578              300,000
Statewide Assistance                                  656              -0-
Educational Enhancements                              695              2,427,000
Educational Developments (R)                          823    __________1,500,000
            Total                                            $         35,777,240
               Any unexpended balances remaining in the appropriations for Computer Basic Skills (fund 3951, activity 145), S.U.C.C.E.S.S. (fund 3951, activity 255), Technology Repair and Modernization (fund 3951, activity 298), Computer Basic Skills--Total (fund 3951, activity 567), Technology and Telecommunications Initiative (fund 3951, activity 596), Technology Demonstration Project (fund 3951, activity 639) and Educational Development (fund 3951, activity 823) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
226--State Department of Education--
School Building Authority--
Debt Service Fund
(WV Code Chapter 18)

Fund 3963 FY 2004 Org 0402
Debt Service--Total                                   310    $         18,000,000
227--Department of Education and the Arts--
Office of the Secretary
Control Account--
Lottery Education Fund
(WV Code Chapter 5F)
Fund 3508 FY 2004 Org 0431
WVU Center for Excellence
            in Disabilities                           658    $         0
Center for Excellence in Disabilities                 967              100,000
Special Olympic Games                                 966              25,000
Commission for National and
            Community Service                         193              160,050
Technical Prep Program                                440              500,000
Arts Programs (R)                                     500              40,000
Hospitality Training                                  600              533,500
Energy Express                                     861                 -0-
Teacher Education Partnerships (R)                    576              -0-
College Readiness (R)                                 579              200,000
LATA Access (R)                                       580              725,000
Neurological Research and Development                 634              -0-
Challenger Learning Center                            862              60,000
WV Humanities Council                                 168    __________350,000
            Total                                            $         2,693,550
               Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, activity 099), Arts Programs (fund 3508, activity 500), Teacher Education Partnerships (fund 3508, activity 576), College Readiness (fund 3508, activity 579), LATA Access (fund 3508, activity 580) and WV2001 Project (fund 3508, activity 836) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
228--Division of Culture and History--
Lottery Education Fund
(WV Code Chapter 29)
Fund 3534 FY 2004 Org 0432
Huntington Symphony                                   027    $         75,000
Martin Luther King, Jr.,
            Holiday Celebration                       031              12,000
Fairs and Festivals                                   122              2,000,000
Archeological Curation/Capital
            Improvements (R)                          246              422,715
Historic Preservation Grants (R)                      311              449,388
West Virginia Public Theater                          312              240,000
Tri-County Fair Association                           343              125,000
George Tyler Moore Center for the
            Study of the Civil War                    397              50,000
Theater Arts of West Virginia                         464              350,000
Grants for Competitive Arts
            Program (R)                               624              810,000
Contemporary American Theater
            Festival                                  811              90,000
Independence Hall (R)                                 812              50,000
Mountain State Forest Festival                        864              50,000
Project ACCESS (R)                                    865    __________-0-
            Total                                            $         4,724,103
               Any unexpended balances remaining in the appropriations for Archeological Curation/Capital Improvements (fund 3534, activity 246), Historic Preservation Grants (fund 3534, activity 311), Capital Outlay, Repairs and Equipment (fund 3534, activity 589), Grants for Competitive Arts Program (fund 3534, activity 624), Independence Hall (fund 3534, activity 812) and Project ACCESS (fund 3534, activity 865) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
229--Library Commission--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3559 FY 2004 Org 0433
Books and Films                                       179    $         150,000
Grants to Public Libraries                            182              7,348,884
Libraries--Special Projects                           625              990,000
Infomine Network                                      884    __________900,091
            Total                                            $         9,388,975
230--Educational Broadcasting Authority--
Lottery Education Fund
(WV Code Chapter 10)
Fund 3587 FY 2004 Org 0439
Star Schools                                       509       $         242,500
Mountain Stage                                     249       __________180,000
            Total                                            $         422,500
               Any unexpended balance remaining in the above appropriation for Digital Conversion (fund 3587, activity 247) at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
231--Bureau of Senior Services--
Lottery Senior Citizens Fund
(WV Code Chapter 29)

Fund 5405 FY 2004 Org 0508
Local Programs Service Delivery Costs                 200    $         2,475,250
In-Home Services for Senior Citizens                  224              1,000,000
Nutrition Services for the Elderly                    337              1,000,000
Senior Citizen Centers and
            Programs (R)                              462              3,900,000
Direct Services                                       481              2,800,000
Transfer to Division of Human Services
            for Health Care and Title XIX
            Waiver for Senior Citizens                539              13,000,000
Senior Services Medicaid Transfer                     871              10,300,000
Legislative Initiatives
            for the Elderly                           904              3,700,000
Long-Term Care Ombudsmen                              905    __________96,000
            Total                                            $         38,271,250
               Any unexpended balances remaining in the appropriations for Senior Citizen Centers and Programs (fund 5405, activity 462) and Holly Grove Mansion Restoration (fund 5405, activity 685) at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens along with the federal money generated thereby shall be used for reimbursement for services provided under the program. Further, the program shall be preserved within the aggregate of these funds.
232--Higher Education Policy Commission--
Lottery Education--
Higher Education Policy Commission--
Control Account
(WV Code Chapters 18B and 18C)

Fund 4925 FY 2004 Org 0441
Unclassified (R)                                      099    $         3,000,000
Higher Education Grant Program (R)                    164              18,000,000
Tuition Contract Program (R)                          165              749,561
Minority Doctoral Fellowship (R)                      166              150,000
Underwood--Smith Scholarship
            Program--Student Awards (R)               167              150,000
School of Osteopathic Medicine (R)                    172              6,618,138
School of Osteopathic Medicine BRIM
            Subsidy (R)                               403              90,249
Rural Health Initiative--Medical
            Schools Support (R)                       581              522,923
Vice Chancellor for Health
            Sciences--Rural Health Initiative
            Program and Site Support (R)              595              868,000
Health Sciences Scholarship (R)                       176              148,500
Higher Education--Special
            Projects (R)                              488              1,901,808
MA Public Health Program and
            Health Science Technology (R)             623              65,379
HEAPS Grant Program (R)                               867              3,000,000
WV Engineering, Science and
            Technology Scholarship Program (R)        868              500,000
Health Sciences Career
            Opportunities Program (R)                 869              65,898
HSTA Program (R)                                      870    __________1,017,341
            Total                                            $_________36,847,797
               Any unexpended balances remaining in the appropriations at the close of the fiscal year 2003 are hereby reappropriated for expenditure during the fiscal year 2004.
               Included in the appropriation for Higher Education--Special Projects is $1,400,000 for the WVU--Health Sciences Eastern Rural Health Initiative and $561,808 for the Fairmont State College E- Learning Clusters and Services.
Total TITLE II, Section 4--
            Lottery Revenue                                  $_________171,050,139
_______________Sec. 5. Appropriations from state excess lottery revenue fund. --In accordance with section eighteen-a, article twenty two, chapter twenty-nine of the code, the following appropriations shall be deposited and disbursed by the director of the lottery to the following accounts in this section in the amounts indicated.
233--Lottery Commission--
General Purpose Account

Fund 7206 FY 2004 Org 0705
____________________________________________________Activity           Funds
Unclassified--Total--Transfer                         402    $         65,000,000
               The above appropriation for Unclassified--Total--Transfer (activity 402) shall be transferred to the General Revenue Fund as determined by the director of the lottery.
234--Economic Development Authority--
Economic Development Project Fund
Fund 3167 FY 2004 Org 0307
Debt Service--Total                                   310    $         19,000,000
               Pursuant to subsection (f), section eighteen-a, article twenty- two, chapter twenty-nine of the code, excess lottery revenues are authorized to be transferred to the lottery fund as reimbursement of amounts transferred to the economic development project fund pursuant to section four of this title and subsection (f), section eighteen, article twenty-two, chapter twenty-nine of the code.
235--Education Improvement Fund

Fund 4295 FY 2004 Org 0441______________________
Unclassified--Total--Transfer (R)                     402    $         17,000,000
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for Unclassified--Total--Transfer (activity 402) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by section nine, article seven, chapter eighteen-c of the code.
236--School Building Authority

Fund 3514 FY 2004 Org 0402_______________________________________________
Unclassified--Total--Transfer (R)                     402    $         20,000,000
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for Unclassified--Total--Transfer (activity 402) shall be transferred to the School Building Debt Service Fund (fund 3515, org 0402) established by section six, article nine-d, chapter eighteen of the code.

237--West Virginia Infrastructure Council

Fund 3390 FY 2004 Org 0316
Unclassified--Total--Transfer (R)                     402    $         40,000,000
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for Unclassified--Total-- Transfer(activity 402) shall be transferred to the West Virginia Infrastructure Fund (fund 3384, org 0316) created by section nine, article fifteen-a, chapter thirty-one of the code.
238--Higher Education Improvement Fund
Fund 4297 FY 2004 Org 0441
Unclassified--Total (R)                               096    $         10,000,000
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
239--State Park Improvement Fund
Fund 3277 FY 2004 Org 0310
Unclassified--Total (R)                               096    $         5,000,000
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
240--Lottery Commission--
Refundable Credit
Fund 7207 FY 2004 Org 0705
Unclassified--Total--Transfer                         402    $         10,000,000
               The above appropriation for Unclassified--Total--Transfer (activity 402) shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under section twenty-one, article twenty-two, chapter eleven of the code. The amount of the required transfer shall be determined solely by the state tax commissioner and shall be completed by the director of the lottery upon the commissioner's request.
241--Lottery Commission--
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2004 Org 0705
Unclassified--Total--Transfer                         402    $_________61,800,000
               The above appropriation for Unclassified--Total--Transfer (activity 402) shall be transferred to the General Revenue Fund only after all funding required by section eighteen-a, article twenty-two, chapter twenty-nine of the code has been satisfied as determined as by the director of the lottery.
242--Joint Expenses
(WV Code Chapter 4)
Fund 1735 FY 2004 Org 2300
               Any unexpended balance remaining in the appropriation at the close of the fiscal year 2003 is hereby reappropriated for expenditure during the fiscal year 2004.
               The above appropriation for Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)--Total (fund 0175, activity 620) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs. It is not intended as a general appropriation for expenditure by the Legislature.
Total TITLE II, Section 5--
            Excess Lottery Funds                             $_________247,800,000
_______________Sec. 6. Appropriations of federal funds.--In accordance with article eleven, chapter four of the code, from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in article two, chapter five-a of the code the following amounts, as itemized, for expenditure during the fiscal year 2004.
LEGISLATIVE
243--Crime Victims Compensation Fund
(WV Code Chapter 14)

Fund 8738 FY 2004 Org 2300
_______________________________________________________________        Federal
                                                    Activity           Funds
Unclassified--Total                                   096    $         1,200,715
EXECUTIVE
244--Governor's Office--
Governor's Cabinet on Children and Families
(WV Code Chapter 5)

Fund 8792 FY 2004 Org 0100
Unclassified--Total                                   096    $         450,000
245--Governor's Office--

Office of Economic Opportunity
(WV Code Chapter 5)

Fund 8797 FY 2004 Org 0100
Unclassified--Total                                   096    $         4,811,976
246--Governor's Office--
Commission for National and Community Service
(WV Code Chapter 5)

Fund 8800 FY 2004 Org 0100

Unclassified--Total                                   096    $         5,431,517
247--Auditor's Office--
National White Collar Crime Center
(WV Code Chapter 12)

Fund 8807 FY 2004 Org 1200
Unclassified--Total                                   096    $         14,000,942
248--Department of Agriculture
(WV Code Chapter 19)

Fund 8736 FY 2004 Org 1400
Unclassified--Total                                   096    $         4,246,459
249--Department of Agriculture--
Meat Inspection
(WV Code Chapter 19)

Fund 8737 FY 2004 Org 1400
Unclassified--Total                                   096    $         818,829
250--Department of Agriculture--
State Soil Conservation Committee
(WV Code Chapter 19)
Fund 8783 FY 2004 Org 1400
Unclassified--Total                                   096    $         341,174
251--Secretary of State--
(WV Code Chapter 3)
Fund 8854 FY 2004 Org 1600
Unclassified--Total                                   096    $         19,500,000
DEPARTMENT OF ADMINISTRATION
252--West Virginia Prosecuting Attorneys Institute
(WV Code Chapter 7)
Fund 8834 FY 2004 Org 0228
Unclassified--Total                                   096    $         199,468
253--Children's Health Insurance Agency
(WV Code Chapter 5)
Fund 8838 FY 2004 Org 0230
Unclassified--Total                                   096    $         33,648,118
DEPARTMENT OF EDUCATION
254--State Department of Education
(WV Code Chapters 18 and 18A)

Fund 8712 FY 2004 Org 0402
Unclassified--Total                                   096    $         40,000,000
255--State Department of Education--
School Lunch Program
(WV Code Chapters 18 and 18A)

Fund 8713 FY 2004 Org 0402
Unclassified--Total                                   096    $         85,000,000
256--State Board of Education--
Vocational Division
(WV Code Chapters 18 and 18A)

Fund 8714 FY 2004 Org 0402
Unclassified--Total                                   096    $         21,000,000
257--State Department of Education--
Aid for Exceptional Children
(WV Code Chapters 18 and 18A)

Fund 8715 FY 2004 Org 0402
Unclassified--Total                                   096    $         75,000,000
DEPARTMENT OF EDUCATION AND THE ARTS
258--Department of Education and the Arts--
Office of the Secretary
(WV Code Chapter 5F)

Fund 8841 FY 2004 Org 0431
Unclassified--Total                                   096    $         7,402,293
259--Division of Culture and History
(WV Code Chapter 29)

Fund 8718 FY 2004 Org 0432
Unclassified--Total                                   096    $         2,065,200
260--Library Commission
(WV Code Chapter 10)

Fund 8720 FY 2004 Org 0433
Unclassified--Total                                   096    $         1,932,637
261--Educational Broadcasting Authority
(WV Code Chapter 10)
Fund 8721 FY 2004 Org 0439
Unclassified--Total                                   096    $         1,000,000
262--State Board of Rehabilitation--
Division of Rehabilitation Services
(WV Code Chapter 18)

Fund 8734 FY 2004 Org 0932
Unclassified--Total                                   096    $         46,323,075
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
263--Consolidated Medical Service Fund
(WV Code Chapter 16)
Fund 8723 FY 2004 Org 0506
Unclassified--Total                                   096    $         7,308,797
264--Division of Health--
Central Office
(WV Code Chapter 16)
Fund 8802 FY 2004 Org 0506
Unclassified--Total                                   096    $         63,692,425
265--Division of Health--
West Virginia Safe Drinking Water Treatment
(WV Code Chapter 16)
Fund 8824 FY 2004 Org 0506
Unclassified--Total                                   096    $         16,000,000
266--West Virginia Health Care Authority
(WV Code Chapter 16)
Fund 8851 FY 2004 Org 0507
Unclassified--Total                                   096    $         450,000
267--Human Rights Commission
(WV Code Chapter 5)

Fund 8725 FY 2004 Org 0510
Unclassified--Total                                   096    $         510,467
268--Division of Human Services
(WV Code Chapters 9, 48 and 49)

Fund 8722 FY 2004 Org 0511
Unclassified--Total                                   096    $ 1,771,108,058
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
269--Adjutant General--
State Militia
(WV Code Chapter 15)

Fund 8726 FY 2004 Org 0603
Unclassified--Total                                   096    $         57,396,445
270--Office of Emergency Services
(WV Code Chapter 15)

Fund 8727 FY 2004 Org 0606
Unclassified--Total                                   096    $         8,693,164
271--Division of Corrections
(WV Code Chapters 25, 28, 49 and 62)
Fund 8836 FY 2004 Org 0608
Unclassified--Total                                   096    $         650,000
272--West Virginia State Police
(WV Code Chapter 15)

Fund 8741 FY 2004 Org 0612
Unclassified--Total                                   096    $         1,070,309
273--Division of Veterans' Affairs--
Veterans' Home
(WV Code Chapter 9A)

Fund 8728 FY 2004 Org 0618
Unclassified--Total                                   096    $         1,203,780
274--Division of Criminal Justice Services
(WV Code Chapter 15)

Fund 8803 FY 2004 Org 0620
Unclassified--Total                                   096    $         12,147,834
275--Division of Juvenile Services
(WV Code Chapter 49)

Fund 8855 FY 2004 Org 0621
Unclassified--Total                                   096    $         331,000
DEPARTMENT OF TAX AND REVENUE
276--Tax Division
(WV Code Chapter 11)

Fund 7069 FY 2004 Org 0702
Unclassified--Total                                   096    $         25,000
DEPARTMENT OF TRANSPORTATION
277--Division of Motor Vehicles
(WV Code Chapter 17B)

Fund 8787 FY 2004 Org 0802
Unclassified--Total                                   096    $         9,819,900
278--Division of Public Transit
(WV Code Chapter 17)
Fund 8745 FY 2004 Org 0805
Unclassified--Total                                   096    $        11,602,638
279--Public Port Authority
(WV Code Chapter 17)
Fund 8830 FY 2004 Org 0806
Unclassified--Total                                   096    $        2,395,000
280--Aeronautics Commission
(WV Code Chapter 29)
Fund 8831 FY 2004 Org 0807
Unclassified--Total                                   096    $        196,875
BUREAU OF COMMERCE
281--Division of Forestry
(WV Code Chapter 19)

Fund 8703 FY 2004 Org 0305
Unclassified--Total                                   096    $        1,507,485
282--Geological and Economic Survey
(WV Code Chapter 29)

Fund 8704 FY 2004 Org 0306
Unclassified--Total                                   096    $        386,000
283--West Virginia Development Office
(WV Code Chapter 5B)

Fund 8705 FY 2004 Org 0307
Unclassified--Total                                   096    $        9,595,134
284--Division of Labor
(WV Code Chapters 21 and 47)

Fund 8706 FY 2004 Org 0308
Unclassified--Total                                   096    $        540,822
285--Division of Natural Resources
(WV Code Chapter 20)

Fund 8707 FY 2004 Org 0310
Unclassified--Total                                   096    $        8,629,568
286--Division of Miners' Health,
Safety and Training
(WV Code Chapter 22)

Fund 8709 FY 2004 Org 0314
Unclassified--Total                                   096    $        590,765
BUREAU OF EMPLOYMENT PROGRAMS
287--Bureau of Employment Programs
(WV Code Chapter 21A)
Fund 8835 FY 2004 Org 0323
Unclassified                                       099         $        512,657
Reed Act 2002--Unemployment
            Compensation.                             622              2,374,000
Reed Act 2002--Employment Services                    630    __ ________1,371,000
            Total                                            $         4,257,657
               Pursuant to the requirements of 42 U. S. C. §1103, Section 903 of the Social Security Act, as amended, and the provisions of section nine, article nine, chapter twenty-one-a of the code, the above appropriation to Unclassified shall be used by the bureau of employment programs for the specific purpose of administration of the state's unemployment insurance program or job service activities, subject to each and every restriction, limitation or obligation imposed on the use of the funds by those federal and state statutes.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
288--Division of Environmental Protection
(WV Code Chapter 22)

Fund 8708 FY 2004 Org 0313
Unclassified--Total                                   096    $        98,015,470
BUREAU OF SENIOR SERVICES
289--Bureau of Senior Services
(WV Code Chapter 29)

Fund 8724 FY 2004 Org 0508
Unclassified--Total                                   096    $        14,249,100
MISCELLANEOUS BOARDS AND COMMISSIONS
290--Public Service Commission--
Motor Carrier Division
(WV Code Chapter 24A)

Fund 8743 FY 2004 Org 0926
Unclassified--Total                                   096    $        1,514,718
291--Public Service Commission--
Gas Pipeline Division
(WV Code Chapter 24B)

Fund 8744 FY 2004 Org 0926
Unclassified--Total                                   096    $_________270,918
Total TITLE II, Section 6--
               Federal Funds                                 $_________2,468,535,879
_______________Sec. 7. Appropriations from federal block grants.--The following items are hereby appropriated from federal block grants to be available for expenditure during the fiscal year 2004.
292--Governor's Office--
Office of Economic Opportunity

Fund 8799 FY 2004 Org 0100
Unclassified--Total                                   096    $         12,734,724
293--West Virginia Development Office--
Community Development

Fund 8746 FY 2004 Org 0307
Unclassified--Total                                   096    $         28,330,852
294--West Virginia Development Office--
Workforce Investment Act

Fund 8848 FY 2004 Org 0307
Unclassified--Total                                   096    $         55,369,286
295--State Department of Education--
Education Grant

Fund 8748 FY 2004 Org 0402
Unclassified--Total                                   096    $         130,000,000
296--Division of Health--
Maternal and Child Health

Fund 8750 FY 2004 Org 0506
Unclassified--Total                                   096    $         10,878,891
297--Division of Health--
Preventive Health

Fund 8753 FY 2004 Org 0506
Unclassified--Total                                   096    $         2,237,034
298--Division of Health--
Substance Abuse Prevention and Treatment

Fund 8793 FY 2004 Org 0506
Unclassified--Total                                   096    $         11,557,304
299--Division of Health--
Community Mental Health Services

Fund 8794 FY 2004 Org 0506
Unclassified--Total                                   096    $         3,314,733
300--Division of Health--
Abstinence Education Program

Fund 8825 FY 2004 Org 0506
Unclassified--Total                                   096    $         976,837
301--Division of Human Services--
Energy Assistance

Fund 8755 FY 2004 Org 0511
Unclassified--Total                                   096    $         21,100,942
302--Division of Human Services--
Social Services

Fund 8757 FY 2004 Org 0511
Unclassified--Total                                   096    $         15,346,237
303--Division of Human Services--
Temporary Assistance for Needy Families
Fund 8816 FY 2004 Org 0511
Unclassified--Total                                   096    $         175,000,000
304--Division of Human Services--
Child Care and Development
Fund 8817 FY 2004 Org 0511
Unclassified--Total                                   096    $         38,080,000
305--Division of Criminal Justice Services--
Juvenile Accountability Incentive
Fund 8829 FY 2004 Org 0620
Unclassified--Total                                   096    $         1,800,000
306--Division of Criminal Justice Services--
Local Law Enforcement
Fund 8833 FY 2004 Org 0620
Unclassified--Total                                   096    $_________621,280
Total TITLE II, Section 7--
            Federal Block Grants                             $_________507,348,120
                Sec. 8. Awards for claims against the state.--There are hereby appropriated for the fiscal year 2004, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $7,095,097, special revenue fund in the amount of $902,865, state road funds in the amount of $700,257 and federal funds in the amount of $4,148 for payment of claims against the state.
               The total general revenue funds above do not include payment for claims in the amount of $937.34 from the supreme court--general judicial, fund 0180, specifically made payable from the appropriation for the current fiscal year 2003.
               Sec. 9. Appropriations from surplus accrued.--The following items are hereby appropriated from the state fund, general revenue, and are to be available for expenditure during the fiscal year 2004 out of surplus funds only, accrued from the fiscal year ending the thirtieth day of June, two thousand three, subject to the terms and conditions set forth in this section.
               It is the intent and mandate of the Legislature that the following appropriations be payable only from surplus accrued as of the thirty-first day of July, two thousand three, from the fiscal year ending the thirtieth day of June, two thousand three.
               In the event that surplus revenues available on the thirty-first day of July, two thousand three, are not sufficient to meet all the appropriations made pursuant to this section, then the appropriations shall be made to the extent that surplus funds are available as of the date mandated and shall be allocated first to provide the necessary funds to meet the first appropriation of this section; next, to provide the funds necessary for the second appropriation of this section.
307--Consolidated Medical Services Fund
(WV Code Chapter 16)
Fund 0525 FY 2004 Org 0506
Institutional Facilities
            Operations--Surplus                       632    $         -0-
               The above appropriation for Institutional Facilities Operations-- Surplus shall be expended only to the extent necessary to offset any shortfall in the Department of Health and Human Resources--Division of Health--Tobacco Settlement Expenditure Fund (fund 5124, fiscal year 2004, org 0506) as determined by the secretary of the department of administration.
308--Division of General Services
(WV Code Chapter 5A)
Fund 0230 FY 2004 Org 0211
Capitol Complex--Capital Outlay--
            Surplus                                   526    $         -0 -
309--Department of Agriculture
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
Soil Conservation Projects--Surplus                   269    $         500,000

310--Office of Emergency Services

(WV Code Chapter 15)
Fund 0443 FY 2004 Org 0606
Homeland Security Grant Match--Surplus                957    $_ ________250,000
Total TITLE II, Section 9--
            Surplus Accrued                                   $_________750,000
               Sec. 10. Special revenue appropriations.--There are hereby appropriated for expenditure during the fiscal year 2004 appropriations made by general law from special revenue which are not paid into the state fund as general revenue under the provisions of section two, article two, chapter twelve of the code: Provided, That none of the money so appropriated by this section shall be available for expenditure except in compliance with and in conformity to the provisions of articles two and three, chapter twelve of the code and article two, chapter five-a of the code, with due consideration to the digest of legislative intent of the budget bill prepared pursuant to article one, chapter four of the code, unless the spending unit has filed with the director of the budget and the legislative auditor prior to the beginning of each fiscal year:
               (a) An estimate of the amount and sources of all revenues accruing to such fund;
               (b) A detailed expenditure schedule showing for what purposes the fund is to be expended.
               Sec. 11. State improvement fund appropriations.--Bequests or donations of nonpublic funds, received by the governor on behalf of the state during the fiscal year 2004, for the purpose of making studies and recommendations relative to improvements of the administration and management of spending units in the executive branch of state government, shall be deposited in the state treasury in a separate account therein designated state improvement fund.
               There are hereby appropriated all moneys so deposited during the fiscal year 2004 to be expended as authorized by the governor, for such studies and recommendations which may encompass any problems of organization, procedures, systems, functions, powers or duties of a state spending unit in the executive branch, or the betterment of the economic, social, educational, health and general welfare of the state or its citizens.
               Sec. 12. Specific funds and collection accounts.--A fund or collection account which by law is dedicated to a specific use is hereby appropriated in sufficient amount to meet all lawful demands upon the fund or collection account and shall be expended according to the provisions of article three, chapter twelve of the code.
               Sec. 13. Appropriations for refunding erroneous payment.--Money that has been erroneously paid into the state treasury is hereby appropriated out of the fund into which it was paid, for refund to the proper person.
               When the officer authorized by law to collect money for the state finds that a sum has been erroneously paid, he or she shall issue his or her requisition upon the auditor for the refunding of the proper amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay the warrant out of the fund into which the amount was originally paid.
               Sec. 14. Sinking fund deficiencies.--There is hereby appropriated to the governor a sufficient amount to meet any deficiencies that may arise in the mortgage finance bond insurance fund of the West Virginia housing development fund which is under the supervision and control of the municipal bond commission as provided by section twenty-b, article eighteen, chapter thirty-one of the code or in the funds of the municipal bond commission because of the failure of any state agency for either general obligation or revenue bonds or any local taxing district for general obligation bonds to remit funds necessary for the payment of interest and sinking fund requirements. The governor is authorized to transfer from time to time such amounts to the municipal bond commission as may be necessary for these purposes.
               The municipal bond commission shall reimburse the state of West Virginia through the governor from the first remittance collected from the West Virginia housing development fund or from any state agency or local taxing district for which the governor advanced funds, with interest at the rate carried by the bonds for security or payment of which the advance was made.
               Sec. 15. Appropriations for local governments.--There are hereby appropriated for payment to counties, districts and municipal corporations such amounts as will be necessary to pay taxes due counties, districts and municipal corporations and which have been paid into the treasury:
               (a) For redemption of lands;
               (b) By public service corporations;
               (c) For tax forfeitures.
               Sec. 16. Total appropriations.--Where only a total sum is appropriated to a spending unit, the total sum shall include personal services, annual increment, employee benefits, current expenses, repairs and alterations, equipment and capital outlay, where not otherwise specifically provided and except as otherwise provided in TITLE I--GENERAL PROVISIONS, Sec. 3.
               Sec. 17. General school fund.--The balance of the proceeds of the general school fund remaining after the payment of the appropriations made by this act is appropriated for expenditure in accordance with section sixteen, article nine-a, chapter eighteen of the code.
TITLE III--ADMINISTRATION.
               Section 1. Appropriations conditional.--The expenditure of the appropriations made by this act, except those appropriations made to the legislative and judicial branches of the state government, are conditioned upon the compliance by the spending unit with the requirements of article two, chapter five-a of the code.
               Where spending units or parts of spending units have been absorbed by or combined with other spending units, it is the intent of this act that reappropriations shall be to the succeeding or later spending unit created, unless otherwise indicated.
                Sec. 2. Legislative intent.--It is the intent of the Legislature that the duly appointed members of the conference committee on this bill may formulate and set forth in a budget digest recommendations for the expenditure of money appropriated by this bill after its enactment. It is the further intent of the Legislature that the recommendations set forth in the budget digest are an expression of legislative intent, do not have the force and effect of law, and may not be construed to alter the lawful enactment of this bill.
               Sec. 3. Constitutionality.--If any part of this act is declared unconstitutional by a court of competent jurisdiction, its decision shall not affect any portion of this act which remains, but the remaining portion shall be in full force and effect as if the portion declared unconstitutional had never been a part of the act.
                              Respectfully submitted,
     Harold K. Michael, Chair, John Doyle, Jerry L. Mezzatesta, Margarette R. Leach, Barbara A. Warner, Mike Hall, Conferees on the part of the House of Delegates.
     Walt Helmick, Chair, William R. Sharpe, Jr., Robert H. Plymale, Roman W. Prezioso, Jr., Sarah M. Minear, Karen L. Facemyer, Conferees on the part of the Senate.
     Senator Helmick, Senate cochair of the committee of conference, was recognized to explain the report.
     Following discussion,
     Thereafter, on motion of Senator Helmick, the report was taken up for immediate consideration and adopted.
     The Clerk announced that the following notice of pairs on the passage of the bill was on his desk:
     Senator Bowman--Yea.          Senator Snyder--Nay.
     Engrossed Committee Substitute for House Bill No. 2050, as amended by the conference report, was then put upon its passage.
     On the passage of the bill, as amended, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Harrison--1.
     Absent: None.
     Paired: Bowman (For), Snyder (Against)--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2050) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Harrison--1.
     Absent: Bowman and Snyder--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2050) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Senate Bill No. 178, Relating to subject matter jurisdiction in family courts.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect March 16, 2003, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Senate Bill No. 352, Reenacting jobs act.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect July 1, 2003, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Senate Bill No. 522, Authorizing county boards of education to lease certain school property; eligibility of members.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect from passage, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Senate Bill No. 646, Establishing centers for economic development and technology advancement at higher education institutions.