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Sunday, March 16, 2003
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Saturday, March 15, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report Availability
At 1:07 p.m., the Clerk announced the availability in his office of the report of the Committee
of Conference on Com. Sub. for H. B. 2050, Budget Bill, making appropriations of public money
out of the treasury in accordance with section fifty-one, article six of the Constitution.
Committee Reports
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 15th
day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2118), Adjusting the retirement benefits for all members of the West Virginia state
police retirement system,
(H. B. 2224), Relating to higher education reorganization,
(H. B. 2878), Allowing certain municipalities providing advanced life support ambulance
services to examine, train and employ fire medics,
(H. B. 2975), Providing a window for persons who were members of PERS and who left
state employment withdrawing their PERS moneys to buy back their time with interest,
(Com. Sub. for H. B. 3046), Facilitating compliance with and enforcement of provisions of
the Tobacco Master Settlement Agreement,
(H. B. 3050), Authorizing the county commission of Jefferson County to convey parcel of
county-owned land to the Jefferson County fairgrounds,
And,
(Com. Sub. for S. B. No. 522), Authorizing county boards of education to lease school
property no longer needed.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 2840.
Enrolled House Bill No. 2840 is a special act of the Legislature relating to the Greater
Huntington Park and Recreation District generally. I must object to this bill because its proposed title does not reflect the amendments it purports to make to the Acts of the Legislature. A reasonable
person would not be able to discern the amendments to the Acts without reading the entire text of
the bill. Accordingly, I find the title inconsistent with the substance of the bill so as to render the
bill constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Varner, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Mr. Speaker, Mr. Kiss, Enrolled House Bill 2840 was amended, in an effort
to meet the objections of the Governor, by amending the bill the title of the bill to read as follows:
Enr. H. B. 2840 - "A Bill to amend and reenact sections two, three, four and six-a, chapter
twenty-six, acts of the Legislature, regular session, one thousand nine hundred twenty-five
(municipal charters), as last amended by chapter one hundred ninety-four, acts of the Legislature,
regular session, one thousand nine hundred eighty-three, all relating to the Greater Huntington Park
and Recreation District; increasing the number of members on the board."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 702), and there were--yeas 95, nays
none, absent and not voting 5, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury, Caputo,
Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston,
Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin,
Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Stalnaker, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson,
Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams,
Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Beane, Cann, Schadler, Spencer and Staton.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 2840) passed, as a result of the objections of
the Governor.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 2953.
The purpose of Enrolled House Bill No. 2953 is to incorporate certain amendments to the
prepaid college tuition program, which I support as necessary to preserve the actuarial integrity of
that program. Nevertheless, I must object to this bill because the description of the bill's contents
in its proposed title does not accurately reflect its contents. Thus, a reasonable person would not be
able to discern the actual amendments to the code without reading the entire text of the bill.
Accordingly, I find the title inconsistent with the substance of the bill so as to render the bill
constitutionally defective. For this reason, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Mr. Speaker, Mr. Kiss, Enrolled House Bill 2953 was amended, in an effort
to meet the objections of the Governor, by amending the title of the bill to read as follows:
Enrolled H. B. 2953 - "A Bill to amend and reenact section six, article thirty, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section thirteen, article eight, chapter thirty-six of said code, all relating to the
administration of the prepaid tuition plan of the West Virginia college prepaid tuition and savings
program; clarifying how moneys in the prepaid tuition trust fund are processed when the plan is terminated; closing the prepaid tuition plan to new contracts until further legislative authorization;
continuing the plan as to current contract owners; providing for accrual of investment earnings;
continuing annual evaluation of actuarial soundness of the prepaid tuition trust fund; requiring
annual reports by the chairman of the prepaid tuition trust fund; establishing a mechanism to
eliminate any actuarially projected unfunded liability in the prepaid tuition trust fund over a fixed
period with funds from the unclaimed property trust fund in an amount not to exceed five hundred
thousand dollars annually; creating the prepaid tuition trust escrow account and establishing
purposes therefor; providing for the investment and use of the money in the prepaid tuition trust
escrow account; providing for the transfer of funds in the unclaimed property trust fund to the
prepaid tuition trust escrow account and to the general revenue fund; and providing for the
disposition of funds in the prepaid tuition trust escrow account upon closure of the prepaid tuition
trust fund."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 703), and there were--yeas 98, nays
none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 2953) passed, as a result of the objections of
the Governor.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 704), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2953) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 3207.
Enrolled House Bill No. 3207 is a supplementary appropriations bill that was intended to
provide $2,017,000 from the Division of Juvenile Services personal services appropriation to the
Division of Corrections for payments to jails, a budgetary transfer that I support. Nevertheless, I
must object to this bill because its proposed title, and substantive contents, contains several
erroneous organizational designations. For the transfer to be effective, these designations must be
corrected. For these reasons, I must veto this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate Staton, Enrolled House Bill 3207 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page one, on the fourth line following the enacting clause, following the word
"organization", by striking out the number "0620" and inserting in lieu thereof the number "0621".
The bill, as amended in an effort to meet the objections of the Governor, was then put upon
its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 705), and there were--yeas 98, nays none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3207) passed, as a result of the objections of
the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enrolled H. B. 3207 - "A Bill supplementing, amending, reducing and increasing items of
the existing appropriations from the state fund, general revenue, to the department of military affairs
and public safety-division of juvenile services, fund 0570, fiscal year 2003, organization 0621 and
the department of military affairs and public safety-division of corrections-correctional units,
fund 0450, fiscal year 2003, organization 0608, supplementing and amending the appropriation for
the fiscal year ending the thirtieth day of June, two thousand three."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 706), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3207) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 14, 2003
Veto Message
The Honorable Robert S. Kiss
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear Speaker Kiss:
Pursuant to the provisions of Section 14, Article VII of the Constitution of West Virginia,
I hereby disapprove and return Enrolled House Bill No. 3217.
Enrolled House Bill No. 3217 is a supplementary appropriations bill that was intended to
create a new fund for the purpose of receiving federal moneys in connection with the Help America
Vote Act. I must object to this bill because in its proposed title it purports to describe a "federal
consolidated fund" which is not otherwise provided for in the substance of the bill. Furthermore,
the bill contains an erroneous fund designation. In order to create this fund, and receive the federal
moneys available under the Act, these designations must be corrected. For these reasons, I must veto
this legislation.
Notwithstanding this action, I urge the Legislature to amend the title and other erroneous
designations and return the bill for approval.
Very truly yours,
Bob Wise,
Governor.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
In accordance with Section 51, Article VI of the Constitution, the House of Delegates
proceeded to reconsider the bill, in an effort to meet the objections of the Governor.
On motion of Delegate Staton, Enrolled House Bill 3217 was amended, in an effort to meet
the objections of the Governor, by amending the bill as follows:
On page one, following the enacting clause, by striking out the words "That the total
appropriation for fiscal year ending the thirtieth day of June, two thousand three, to the secretary of
state, fund 8854, fiscal year 2003, organization 1600, be established and supplemented the total
appropriation by nine million dollars in the line item as follows" followed by a colon, and inserting
in lieu thereof the following: "That chapter thirteen, acts of the Legislature, regular session, two
thousand two, known as the budget bill, be amended and supplemented by adding to Title II, section
six thereof a new fund with an appropriation in the line item therein as follows" followed by a colon.
On page two, line six, following the word "fund", by striking out the number "8488" and
inserting in lieu thereof the number "8854".
And,
On page two, line ten, following the words "bill is to", by striking out the remainder of the
bill and inserting in lieu thereof the words "create a new fund in the budget act for the fiscal year
ending the thirtieth day of June, two thousand three, and to provide for an appropriation therein of
federal funds made available under the federal help America vote act in an amount of nine million
dollars for expenditure during fiscal year two thousand three."
The bill, as amended in an effort to meet the objections of the Governor, was then put upon its passage.
On the passage of the bill, the Speaker propounded, "Shall the bill now pass, as amended,
in an effort to meet the objections of the Governor?"
On this question, the yeas and nays were taken (Roll No. 707), and there were--yeas 98, nays
none, absent and not voting 2, with the yeas, nays and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury,
Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright, Yeager and Yost.
Nays: None.
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3217) passed, as a result of the objections of
the Governor.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Enrolled H. B. 3217 - "A Bill amending and supplementing chapter thirteen, acts of the
Legislature, regular session, two thousand two, known as the budget bill, by adding thereto a new
fund with an appropriation of federal funds out of the treasury from the balance of federal moneys
remaining unappropriated for fiscal year ending the thirtieth day of June, two thousand three, to the
new fund, designated secretary of state fund 8854, fiscal year 2003, organization 1600, for fiscal year ending the thirtieth day of June, two thousand three."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 708), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Cann and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Enr. H. B. 3217) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Conference Committee Report
Chairman Michael, from the Committee of Conference on matters of disagreement between
the two houses, as to H. B. 2050, Budget Bill, making appropriations of public money out of the
Treasury in accordance with Article VI, Section 51 of the Constitution,
Submitted the following report which was received:
Your Committee on Conference of the disagreeing votes of the two houses as to the
amendment of the House to Committee Substitute for H. B. 2050 having met, after full and free
conference, have agreed to recommend and do recommend to their respective houses as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything following the enacting clause and inserting new language, and agree to the
same as follows:
TITLE I-GENERAL PROVISIONS.
Section 1. General policy.-The purpose of this bill is to appropriate money necessary for
the economical and efficient discharge of the duties and responsibilities of the state and its agencies
during the fiscal year two thousand four.
Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as
amended.
"Spending unit" shall mean the department, bureau, division, office, board, commission,
agency or institution to which an appropriation is made.
The "fiscal year two thousand four" shall mean the period from the first day of July, two
thousand three, through the thirtieth day of June, two thousand four.
"General revenue fund" shall mean the general operating fund of the state and includes all
moneys received or collected by the state except as provided in section two, article two, chapter
twelve of the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which by legislative enactments
are not required to be accounted for as general revenue, including federal funds.
"From collections" shall mean that part of the total appropriation which must be collected
by the spending unit to be available for expenditure. If the authorized amount of collections is not
collected, the total appropriation for the spending unit shall be reduced automatically by the amount
of the deficiency in the collections. If the amount collected exceeds the amount designated "from
collections," the excess shall be set aside in a special surplus fund and may be expended for the
purpose of the spending unit as provided by article two, chapter five-a of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time, part-
time and temporary employees of the spending unit but shall not include fees or contractual
payments paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal services" shall include salaries of
heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible employees" and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to "personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching, workers' compensation,
unemployment compensation, pension and retirement contributions, public employees insurance
matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
employment. Should the appropriation be insufficient to cover such costs, the remainder of such
cost shall be transferred by each spending unit from its "personal services" line item or its
"unclassified" line item or other appropriate line item to its "employee benefits" line item. If there
is no appropriation for "employee benefits," such costs shall be paid by each spending unit from its
"personal services" line item, its "unclassified" line item or other appropriate line item. Each
spending unit is hereby authorized and required to make such payments in accordance with the
provisions of article two, chapter five-a of the code.
"BRIM Premiums" shall mean the amount charged as consideration for insurance protection
and includes the present value of projected losses and administrative expenses. Premiums are
assessed for coverages, as defined in the applicable policies, for claims arising from, inter alia,
general liability, wrongful acts, property, professional liability and automobile exposures.
Should the appropriation for "BRIM Premiums" be insufficient to cover such cost, the
remainder of such costs shall be transferred by each spending unit from its "personal services" line
item, its "employee benefit" line item, its "unclassified" line item or any other appropriate line item
to "BRIM Premiums" for payment to the Board of Risk and Insurance Management. Each spending
unit is hereby authorized and required to make such payments.
Each spending unit shall be responsible for all contributions, payments or other costs related
to coverage and claims of its employees for unemployment compensation. Such expenditures shall
be considered an employee benefit.
"Current expenses" shall mean operating costs other than personal services and shall not
include equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable and calculable period
of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
"Buildings" shall include new construction and major alteration of existing structures and
the improvement of lands and shall include shelter, support, storage, protection or the improvement
of a natural condition.
"Lands" shall mean the purchase of real property or interest in real property.
"Capital outlay" shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be expended only for the
purposes as defined above and only for the spending units herein designated: Provided, That the
secretary of each department and the commissioner of the bureau of commerce shall have the
authority to transfer within the department or bureau those general revenue funds appropriated to the
various agencies of the department or bureau: Provided, however, That no more than five percent
of the general revenue funds appropriated to any one agency or board may be transferred to other
agencies or boards within the department or bureau: Provided further, That the secretary of each
department and the director, commissioner, executive secretary, superintendent, chairman or any
other agency head not governed by a departmental secretary as established by chapter five-f of the
code shall have the authority to transfer funds appropriated to "personal services" and "employee benefits" to other lines within the same account and no funds from other lines shall be transferred
to the "personal services" line: Provided further, That the secretary of each department and the
director, commissioner, executive secretary, superintendent, chairman or any other agency head not
governed by a departmental secretary as established by chapter five-f of the code shall have the
authority to transfer general revenue funds appropriated to "annual increment" to other general
revenue accounts within the same department, bureau or commission for the purpose of providing
an annual increment in accordance with article five, chapter five of the code: And provided further,
That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the
secretary may transfer the funds formerly appropriated to such agency, board or function in order
to implement such consolidation. No funds may be transferred from a special revenue account,
dedicated account, capital expenditure account or any other account or fund specifically exempted
by the Legislature from transfer, except that the use of the appropriations from the state road fund
for the office of the secretary of the department of transportation is not a use other than the purpose
for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of
expenditures for different purposes cannot well be determined in advance or it is necessary or
desirable to permit the spending unit the freedom to spend an appropriation for more than one of the
above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise
specifically directed, shall be appropriated and expended according to the provisions of article three,
chapter twelve of the code or according to any law detailing a procedure specifically limiting that
article.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted
as requiring or permitting an expenditure in excess of the appropriations set out in this bill.