__________*__________





Wednesday, March 18, 2015

SIXTY-FOURTH DAY

[Mr. Speaker, Mr. Armstead, in the Chair]



The House of Delegates met at 9:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Tuesday, March 17, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Conference Committee Report Availability

At 9:14 a.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

Committee Reports

Delegate McCuskey, 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 17th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(H. B. 2664), Creating "Andrea and Willy's Law"; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.

Delegate McCuskey, 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 17th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 287), Providing posthumous high school diplomas.

Delegate McCuskey, 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 17th day of March, 2015, 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. 286), Relating to compulsory immunizations of students; exemptions,

(Com. Sub. for S. B. 455), Relating to public higher education procurement and payment of expenses,

And,

(Com. Sub. for S. B. 529), Relating to PERS, SPRS and TRS benefits and costs.

Delegate Cowles arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 637), and 85 members being present, the Speaker declared the presence of a quorum. The absent being as follows:

Absent: Blair, Border, Deem, Ellington, Hicks, Householder, Ireland, Manchin, Marcum, Miller, Perdue, L. Phillips, Rohrbach, Skinner and Sponaugle.

Delegate Bates announced that had he been present on yesterday for Roll No. 636, he would have voted "Yea".

At 9:26 a.m., on motion of Delegate Cowles, the House of Delegates recessed until 3:00 p.m.



* * * * * *

Afternoon Session

* * * * * * *

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 17, 2015

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

Re: Enrolled Committee Substitute for House Bill No. 2648

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for House Bill No. 2648.

This bill purports to create a new article in the West Virginia Code titled the "Epinephrine Auto-Injector Availability and Use Act", designated article forty-six of chapter sixteen. However, this same article was utilized this Regular Session to enact the separate "Access to Opioid Antagonists Act", which I signed into law on March 9, 2015. In light of this statutory conflict, I am constrained to disapprove and return this bill. I urge the Legislature to repair the technical error identified herein by amending this bill on reconsideration to create a new article in the West Virginia Code for the Epinephrine Auto-Injector Availability and Use Act.

Sincerely,

Earl Ray Tomblin,

Governor.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, in an effort to meet the objections of the Governor.

On motion of Delegate Cowles, the bill was amended on page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:

"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated 16-47-1, 16-47-2, 16-47-3, 16-47-4 and 16-47-5, all to read as follows:

ARTICLE 47. EPINEPHRINE AUTO-INJECTOR AVAILABILITY AND USE.

16-47-1. Definitions.

As used in this article the term:

(1) 'Administer' means to directly apply an epinephrine auto-injector to the body of an individual.

(2) 'Authorized entity' means an entity or organization where allergens capable of causing a severe allergic reaction may be present.

(3) 'Authorized health care practitioner' means an allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code and an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code.

(4) 'Department' means the Department of Health and Human Resources.

(5) 'Epinephrine auto-injector' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(6) 'Self-administration' means an individual's discretionary administration of an epinephrine auto-injector on herself or himself.

16-47-2. Authority.

The department may:

(1) Propose legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to administer this article; and

(2) Conduct and approve education training programs.

16-47-3. Educational training programs.

Educational training programs shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. The curriculum shall include at a minimum:

(1) Recognition of the symptoms of allergic reactions to food, insect stings and other allergens; and

(2) The proper administration of a subcutaneous injection of epinephrine auto-injector.

16-47-4. Prescriptive authority for epinephrine auto-injectors; emergency administration.

(a) An authorized health care practitioner may prescribe an epinephrine injector to an authorized entity. A pharmacist may dispense an epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

(b) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored in accordance with the epinephrine auto-injector's instructions. An authorized entity shall designate employees or agents who are trained pursuant to section three of this article to be responsible for the storage, maintenance and general oversight of epinephrine auto-injectors.

(c) An individual trained pursuant to section three of this article may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors to:

(1) Provide an epinephrine auto-injector to a person who the trained individual in good faith believes is experiencing a severe allergic reaction for that person's immediate self-administration, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or

(2) Administer an epinephrine auto-injector to a person who the trained individual in good faith believes is experiencing a severe allergic reaction, regardless of whether the person has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

16-47-5. Not practice of medicine; limits on liability.

(a) The administration of an epinephrine auto-injector in accordance with this article is not the practice of medicine.

(b) An authorized health care practitioner who prescribes epinephrine auto-injectors to an authorized entity; an authorized entity that possesses and makes available epinephrine auto-injectors; and, an entity or person that conducts the training under section three of this article are not liable for civil damages that result from the administration or self-administration of an epinephrine auto-injector, the failure to administer an epinephrine auto-injector, or any other act or omission committed, in good faith, pursuant to this article.

(c) An individual employed by an authorized entity who administers or provides an epinephrine auto-injection to a person as provided in this article is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the individual's gross negligence or willful misconduct."

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 638), and there were--yeas 91, nays none, absent and not voting 9, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Hornbuckle, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Moffatt, Morgan, Moye, E. Nelson, J. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Absent and Not Voting: Deem, Ellington, Fleischauer, Hicks, Householder, Miller, Moore, L. Phillips and Rohrbach.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 2648) passed, as a result of the objections of the Governor.

On motion of Delegate Cowles, the title of the bill was amended to read as follows:

Enr. Com. Sub. for H. B. 2648 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated 16-47-1, 16-47-2, 16-47-3, 16-47-4 and 16-47-5, all relating to availability and use of epinephrine auto-injectors; providing definitions; providing for legislative rules; providing for training; providing prescriptive authority to health care practitioners in certain circumstances; providing authority to pharmacists to dispense epinephrine auto-injectors in certain circumstances; providing for the storage and emergency use of epinephrine auto-injectors; providing that in certain circumstances the use of epinephrine auto-injectors is not the practice of medicine; providing that in certain circumstances one authorized to prescribe, possess or train regarding epinephrine auto-injectors is not liable for civil damages; and providing that certain individuals who administer or provide an epinephrine auto-injector to a person is immune from liability for civil action unless the act or omission was grossly negligent or willful misconduct."

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 17, 2015



Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 228M, Building 1

State Capitol Complex

Charleston, WV 25305

Re: Enrolled House Bill No. 2664

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2664 for technical reasons.

First, the title of the bill is defective. See State ex rel. Davis v. Oakley, 156 W. Va. 154, 191 S.E.2d 610 (1972) (requiring bill title to provide notice of bill's contents). The title of the bill fails to note that the bill increases the criminal penalties for driving under the influence of alcohol, controlled substances or drugs causing death. Additionally, the title provides that the bill "eliminat[es] the misdemeanor offense of driving under the influence of alcohol, controlled substances or drugs." Section 17C-5-2(d) and 17C-5-2(e) of the West Virginia Code provide for a misdemeanor offense of driving under the influence of alcohol, controlled substances or drugs. A suggested change to this clause of the title is to add the words "causing death" to the end of the clause.

Second, the enacting section of the bill is incorrect in form.

Third, the penalties provided for second and third offense violations of 17C-5-2(b) set forth in 17C-5-2(k) and 17C-5-2(1) appear to be in conflict with 17C-5-2(b). With respect to a second offense under 17C-5-2-(k), the penalty is less severe than that for a first offense under 17C-5-2(b). For example, a person who commits the second offense of driving under the influence of alcohol, controlled substances or drugs causing serious bodily injury would only be convicted of a misdemeanor under 17C-5-2(k); a first offense of the same crime is a felony under 17C-5-2(b). Similarly, with respect to a third offense under 17C-5-2(1), the imprisonment penalty is less severe than that for a first offense under 17C-5-2(b). A suggested fix for this issue is to create a new subsection of subdivision that deals specifically with penalties for second and third offenses in violation of 17C-5-2(b), along with removing the reference to subsection (b) in subsections (k) and (l) of 17C-5-2. The bill's title will also require language added to cover these suggested revisions.

For the foregoing reasons, I disapprove and return this bill. I urge the Legislature to correct these technical issues, and to return the bill to my desk for signature.

Sincerely,

Earl Ray Tomblin,

Governor.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, in an effort to meet the objections of the Governor.

On motion of Delegate Cowles, the bill was amended on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

"That 17C-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that 17C-5A-2 of said code be amended and reenacted, all to read as follows:

ARTICLE 5. SERIOUS TRAFFIC OFFENSES

17C-5-2. Driving under influence of alcohol, controlled substances or drugs; penalties.

(a) Definitions-

(1) 'Impaired State' means a person:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

(2) 'Bodily Injury' means injury that causes substantial physical pain, illness or any impairment of physical condition.

(3) 'Serious Bodily Injury' means bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.

(a) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure; and

(3) Commits the act or failure in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years nor more than ten years and shall be fined not less than $1,000 nor more than $3,000.

(b) Any person who drives a vehicle in this state while he or she is in an impaired state and such impaired state proximately causes the death of any person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years and shall be fined not less than $1,000 nor more than $3,000: Provided, That any death charged under this subsection must occur within one year of the offense.

(b) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug;

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than ninety days nor more than one year and shall be fined not less than $500 nor more than $1,000.

(c) Any person who drives a vehicle in this state while he or she is in an impaired state and such impaired state proximately causes serious bodily injury to any person other than himself or herself, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and shall be fined not less than $1,000 nor more than $3,000.

(c) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000.

(d) Any person who drives a vehicle in this state while he or she is in an impaired state and such impaired state proximately causes a bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day more than one year and shall be fined not less than $200 nor more than $1,000: Provided, That such jail term shall include actual confinement of not less than twenty-four hours: Provided, however, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(d) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, except as provided in section two-b of this article, shall be confined in jail for up to six months and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(e) Any person who drives a vehicle in this state while he or she is in an impaired state, but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for up to six months and shall be fined not less than $100 nor more than $500: Provided, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(e) (f) Any person who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $200 nor more than $1,000. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(f) (g) Any person who, being an a habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(g) Any person who:

(1) Knowingly permits his or her vehicle to be driven in this state by any other person who:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug;

(D) Is under the combined influence of alcohol and any controlled substance or any other drug;

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight;

(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

(h) Any person who knowingly permits his or her vehicle to be driven in this state by any other person who is in an impaired state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

(h) (i) Any person who knowingly permits his or her vehicle to be driven in this state by any other person who is a habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than $100 nor more than $500.

(i) (j) Any person under the age of twenty-one years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than $100 nor more than $500. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in section three-a, article five-a of this chapter. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.

A person arrested and charged with an offense under the provisions of this subsection or subsection (b), (c), (d), (e), (f), (g), or (h) or (i) of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.

(j) Any person who:

(1) Drives a vehicle in this state while he or she:

(A) Is under the influence of alcohol;

(B) Is under the influence of any controlled substance;

(C) Is under the influence of any other drug; other drug; or

(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

(2) The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, which jail term is to include actual confinement of not less than forty-eight hours and shall be fined not less than $200 nor more than $1,000.

(k) Any person who drives a vehicle in this state while he or she is in an impaired state and has within the vehicle one or more other persons who are unemancipated minors who have not yet reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, and shall be fined not less than $200 nor more than $1,000: Provided, That such jail term shall include actual confinement of not less than forty-eight hours: Provided, however, That a person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.

(k) (l) A person violating any provision of subsection (b), (c), (d), (e), (f), (g), (h) or (i) (j) of this section, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000.

(l) (m) A person violating any provision of subsection (b), (c), (d), (e), (f), (g), (h) or (i) (j) of this section, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one two nor more than three five years and the court may, in its discretion, impose a fine of not less than $3,000 nor more than $5,000.

(m) (n) For purposes of subsections (k) and (l) and (m) of this section relating to second, third and subsequent offenses, the following events shall be regarded as offenses under this section:

(1) Any conviction under the provisions of subsection (a), (b), (c), (d), (e), (f), (g) or (g) (h) of this section or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;

(2) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b), (c), (d), (e), (f), (g), (h) or (h) (i) of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and,

(3) Any period of conditional probation imposed pursuant section two-b of this article for violation of subsection (d) (e) of this article section, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.

(n) (o) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to section two-b of this article.

(o) (p) The fact that any person charged with a violation of subsection (a), (b), (c), (d), (e), (f) or (f) (g) of this section, or any person permitted to drive as described under subsection (g) or (h) or (i) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating subsection (a), (b), (c), (d), (e), (f), (g), (h) or (h) (i) of this section.

(p) (q) For purposes of this section, the term 'controlled substance' has the meaning ascribed to it in chapter sixty-a of this code.

(q) (r) The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: Provided, That the court may apply the provisions of article eleven-a, chapter sixty-two of this code to a person sentenced or committed to a term of one year or less for a first offense under this section: Provided further, That the court may impose a term of conditional probation pursuant to section two-b of this article to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven-b of said chapter may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense: Provided, however, That for any period of home incarceration ordered for a person convicted of second offense under this section, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of section five, article eleven-b, chapter sixty-two of this code: Provided further, That for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this section, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding section five, article eleven-b, chapter sixty-two of this code.

ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

17C-5A-2. Hearing; revocation; review.

(a) Written objections to an order of revocation or suspension under the provisions of section one of this article or section seven, article five of this chapter shall be filed with the Office of Administrative Hearings. Upon the receipt of an objection, the Office of Administrative Hearings shall notify the Commissioner of the Division of Motor Vehicles, who shall stay the imposition of the period of revocation or suspension and afford the person an opportunity to be heard by the Office of Administrative Hearings. The written objection must be filed with Office of Administrative Hearings in person, by registered or certified mail, return receipt requested, or by facsimile transmission or electronic mail within thirty calendar days after receipt of a copy of the order of revocation or suspension or no hearing will be granted: Provided, That a successful transmittal sheet shall be necessary for proof of written objection in the case of filing by fax. The hearing shall be before a hearing examiner employed by the Office of Administrative Hearings who shall rule on evidentiary issues. The West Virginia Rules of Evidence shall apply to all proceedings before the hearing examiner. Upon consideration of the designated record, the hearing examiner shall, based on the determination of the facts of the case and applicable law, render a decision affirming, reversing or modifying the action protested. The decision shall contain findings of fact and conclusions of law and shall be provided to all parties by registered or certified mail, return receipt requested, or with a party's written consent, by facsimile or electronic mail.

(b) The hearing shall be held at an office of the Division of Motor Vehicles suitable for hearing purposes located in or near the county in which the arrest was made in this state or at some other suitable place in the county in which the arrest was made if an office of the division is not available. At the discretion of the Office of Administrative Hearings, the hearing may also be held at an office of the Office of Administrative Hearings located in or near the county in which the arrest was made in this state. The Office of Administrative Hearings shall send a notice of hearing to the person whose driving privileges are at issue and the person's legal counsel if the person is represented by legal counsel, by regular mail, or with the written consent of the person whose driving privileges are at issue or their legal counsel, by facsimile or electronic mail. The Office of Administrative Hearings shall also send a notice of hearing by regular mail, facsimile or electronic mail to the Division of Motor Vehicles, and the Attorney General's Office, if the Attorney General has filed a notice of appearance of counsel on behalf of the Division of Motor Vehicles.

(c) (1) Any hearing shall be held within one hundred eighty days after the date upon which the Office of Administrative Hearings received the timely written objection unless there is a postponement or continuance.

(2) The Office of Administrative Hearings may postpone or continue any hearing on its own motion or upon application by the party whose license is at issue in that hearing or by the commissioner for good cause shown.

(3) The Office of Administrative Hearings may issue subpoenas commanding the appearance of witnesses and subpoenas duces tecum commanding the submission of documents, items or other things. Subpoenas duces tecum shall be returnable on the date of the next scheduled hearing unless otherwise specified. The Office of Administrative hearings shall issue subpoenas and subpoenas duces tecum at the request of a party or the party's legal representative. The party requesting the subpoena shall be responsible for service of the subpoena upon the appropriate individual. Every subpoena or subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by a person over eighteen years of age or by registered or certified mail, return receipt requested, and received by the party responsible for serving the subpoena or subpoena duces tecum: Provided, That the Division of Motor Vehicles may serve subpoenas to law-enforcement officers through electronic mail to the department of his or her employer. If a person does not obey the subpoena or fails to appear, the party who issued the subpoena to the person may petition the circuit court wherein the action lies for enforcement of the subpoena.

(d) Law-enforcement officers shall be compensated for the time expended in their travel and appearance before the Office of Administrative Hearings by the law-enforcement agency by whom they are employed at their regular rate if they are scheduled to be on duty during said time or at their regular overtime rate if they are scheduled to be off duty during said time.

(e) The principal question at the hearing shall be whether the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, or did refuse to submit to the designated secondary chemical test, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight.

(f) In the case of a hearing in which a person is accused of driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, or accused of driving a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, or accused of driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the investigating law-enforcement officer had reasonable grounds to believe the person to have been driving while under the influence of alcohol, controlled substances or drugs, or while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, or to have been driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense involving driving under the influence of alcohol, controlled substances or drugs; and (4) whether the tests, if any, were administered in accordance with the provisions of this article and article five of this chapter.

(g) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person and was committed in reckless disregard of the safety of others and if the Office of Administrative Hearings further finds that the influence of alcohol, controlled substances or drugs or the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person's license for a period of ten years: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(h) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, the commissioner shall revoke the person's license for a period of five years: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(i) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, the commissioner shall revoke the person's license for a period of two years: Provided, That if the license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person's license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(j) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, but less than fifteen hundredths of one percent or more, by weight, or finds that the person knowingly permitted the persons vehicle to be driven by another person who was under the influence of alcohol, controlled substances or drugs, or knowingly permitted the person's vehicle to be driven by another person who had an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight the commissioner shall revoke the person's license for a period of six months or a period of fifteen days with an additional one hundred and twenty days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three-a of this article: Provided, That any period of participation in the Motor Vehicle Alcohol Test and Lock Program that has been imposed by a court pursuant to section two-b, article five of this chapter shall be credited against any period of participation imposed by the commissioner: Provided, however, That a person whose license is revoked for driving while under the influence of drugs is not eligible to participate in the Motor Vehicle Alcohol Test and Lock Program: Provided further, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: And provided further, That if the person's license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(k) (1) If in addition to finding by a preponderance of the evidence that the person did drive a motor vehicle while under the influence of alcohol, controlled substance or drugs, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person did drive a motor vehicle while having an alcohol concentration in the person's blood of fifteen hundredths of one percent or more, by weight, the commissioner shall revoke the person's license for a period of forty-five days with an additional two hundred and seventy days of participation in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of section three-a, article five-a, chapter seventeen-c of this code: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person's license has previously been suspended or revoked the person's license more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(2) If a person whose license is revoked pursuant to subdivision (1) of this subsection proves by clear and convincing evidence that they do not own a motor vehicle upon which the alcohol test and lock device may be installed or is otherwise incapable of participating in the Motor Vehicle Alcohol Test and Lock Program, the period of revocation shall be one hundred eighty days: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person's license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(l) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused the death of a person, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the death, the commissioner shall revoke the person's license for a period of five years: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(m) If, in addition to a finding that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did an act forbidden by law or failed to perform a duty imposed by law, which act or failure proximately caused bodily injury to a person other than himself or herself, and if the Office of Administrative Hearings further finds that the alcohol concentration in the blood was a contributing cause to the bodily injury, the commissioner shall revoke the person's license for a period of two years: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person's license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(n) If the Office of Administrative Hearings finds by a preponderance of the evidence that the person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, the commissioner shall suspend the person's license for a period of sixty days: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article, the period of revocation shall be for one year, or until the person's twenty-first birthday, whichever period is longer.

(o) If, in addition to a finding that the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or did drive a motor vehicle while having an alcohol concentration in the person's blood of eight hundredths of one percent or more, by weight, the Office of Administrative Hearings also finds by a preponderance of the evidence that the person when driving did have on or within the Motor vehicle another person who has not reached his or her sixteenth birthday, the commissioner shall revoke the person's license for a period of one year: Provided, That if the person's license has previously been suspended or revoked under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be ten years: Provided, however, That if the person's license has previously been suspended or revoked more than once under the provisions of this section or section one of this article within the ten years immediately preceding the date of arrest, the period of revocation shall be for the life of the person.

(p) For purposes of this section, where reference is made to previous suspensions or revocations under this section, the following types of criminal convictions or administrative suspensions or revocations shall also be regarded as suspensions or revocations under this section or section one of this article:

(1) Any administrative revocation under the provisions of the prior enactment of this section for conduct which occurred within the ten years immediately preceding the date of arrest;

(2) Any suspension or revocation on the basis of a conviction under a municipal ordinance of another state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in section two, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest; or

(3) Any revocation under the provisions of section seven, article five of this chapter for conduct which occurred within the ten years immediately preceding the date of arrest.

(q) In the case of a hearing in which a person is accused of refusing to submit to a designated secondary test, the Office of Administrative Hearings shall make specific findings as to: (1) Whether the arresting law-enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) whether the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) whether the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) whether the person had been given a written statement advising the person that the person's license to operate a motor vehicle in this state would be revoked for at least forty-five days and up to life if the person refused to submit to the test finally designated in the manner provided in said section.

(r) If the Office of Administrative Hearings finds by a preponderance of the evidence that: (1) The investigating officer had reasonable grounds to believe the person had been driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (2) whether the person was lawfully placed under arrest for an offense involving driving under the influence of alcohol, controlled substances or drugs, or was lawfully taken into custody for the purpose of administering a secondary test: Provided, That this element shall be waived in cases where no arrest occurred due to driver incapacitation; (3) the person committed an offense relating to driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs; (4) the person refused to submit to the secondary test finally designated in the manner provided in section four, article five of this chapter; and (5) the person had been given a written statement advising the person that the person's license to operate a motor vehicle in this state would be revoked for at least forty-five days and up to life if the person refused to submit to the test finally designated, the commissioner shall revoke the person's license to operate a motor vehicle in this state for the periods specified in section seven, article five of this chapter. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence. The revocation period prescribed in this subsection shall run concurrently with any other revocation period ordered under this section or section one of this article arising out of the same occurrence.

(s) If the Office of Administrative Hearings finds to the contrary with respect to the above issues, it shall rescind or modify the commissioner's order and, in the case of modification, the commissioner shall reduce the order of revocation to the appropriate period of revocation under this section or section seven, article five of this chapter. A copy of the Office of Administrative Hearings' final order containing its findings of fact and conclusions of law made and entered following the hearing shall be served upon the person whose license is at issue or upon the person's legal counsel if the person is represented by legal counsel by registered or certified mail, return receipt requested, or by facsimile or by electronic mail if available. The final order shall be served upon the commissioner by electronic mail. During the pendency of any hearing, the revocation of the person's license to operate a motor vehicle in this state shall be stayed.

A person whose license is at issue and the commissioner shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code. Neither the commissioner nor the Office of Administrative Hearings may stay enforcement of the order. The court may grant a stay or supersede as of the order only upon motion and hearing, and a finding by the court upon the evidence presented, that there is a substantial probability that the appellant shall prevail upon the merits and the appellant will suffer irreparable harm if the order is not stayed: Provided, That in no event shall the stay or supersede as of the order exceed one hundred fifty days. The Office of Administrative Hearings may not be made a party to an appeal. The party filing the appeal shall pay the Office of Administrative Hearings for the production and transmission of the certified file copy and the hearing transcript to the court. Notwithstanding the provisions of section four, article five of said chapter, the Office of Administrative Hearings may not be compelled to transmit a certified copy of the file or the transcript of the hearing to the circuit court in less than sixty days. Circuit clerk shall provide a copy of the circuit court's final order on the appeal to the Office of Administrative Hearings by regular mail, by facsimile, or by electronic mail if available.

(t) In any revocation or suspension pursuant to this section, if the driver whose license is revoked or suspended had not reached the driver's eighteenth birthday at the time of the conduct for which the license is revoked or suspended, the driver's license shall be revoked or suspended until the driver's eighteenth birthday or the applicable statutory period of revocation or suspension prescribed by this section, whichever is longer.

(u) Funds for this section's hearing and appeal process may be provided from the Drunk Driving Prevention Fund, as created by section forty-one, article two, chapter fifteen of this code, upon application for the funds to the Commission on Drunk Driving Prevention."

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 639), and there were--yeas 93, nays none, absent and not voting 7, with the yeas, nays, and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Hornbuckle, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Moffatt, Morgan, Moye, E. Nelson, J. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: None.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore and L. Phillips.

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. 2664) passed, as a result of the objections of the Governor.

The House then adopted the following title amendment offered by Delegate Shott: Enr. Com. Sub. for H. B. 2664 - "A Bill to amend and reenact 17C-5-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact 17C-5A-2 of said code, all relating to offenses of driving under the influence of alcohol, controlled substances or drugs; defining terms; restating the elements of certain offenses of driving under the influence of alcohol, controlled substances or drugs; requiring that a person's impaired state proximately cause the injury or death in certain offenses; increasing the penalty for driving under the influence of alcohol, controlled substances or drugs causing death; requiring death to have occurred within one year of an offense of driving under the influence of alcohol, controlled substances or drugs causing death; eliminating the misdemeanor offense of driving under the influence of alcohol, controlled substances or drugs causing death; creating felony offense and penalties for driving under the influence of alcohol, controlled substances or drugs causing serious bodily injury; increasing the penalty for certain subsequent offenses of driving under the influence of alcohol, controlled substances or drugs; and providing that the West Virginia Rules of Evidence apply to administrative proceedings concerning license revocation for driving under the influence."

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 18, 2015

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 228M, Building 1

State Capitol Complex

Charleston, WV 25305

Re: Enrolled House Bill No. 2880

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2880.

This bill is well-intentioned, and I commend the Legislature for tackling West Virginia's opioid addiction predicament by establishing two new drug treatment pilot programs. However, the bill contains certain issues that should be corrected before it becomes law.

From a technical perspective, the bill's title appears to be defective in that it is vague and only references one of the two pilot programs the bill establishes. The title also fails to note that this new article of the West Virginia Code [ 62-15A-1, et seq.] sets forth definitions and mandates the preparation of a report.

Two additional technical flaws appear on the bill's page 2. The word "opioid" is spelled incorrectly on line 4, and the cross reference in lines 6-7 is erroneous.

Further, I have a substantive concern about this bill. Specifically, I believe the Legislature's delegation of certain executive functions to the Supreme Court of Appeals of West Virginia (e.g., requesting the Court to provide addiction treatment services) may violate the separation of powers doctrine. See Syl. Pt. 1, State ex rel. Barker v. Manchin, 279 S.E.2d 622 (W. Va. 1981) ("Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed.")

This issue can be remedied if the bill is amended to provide that the executive branch Department of Health and Human Resources ("DHHR") and its Bureau for Behavioral Health and Health Facilities ("BBHHF") administer the addiction treatment services outlined in the two pilot programs at issue. DHHR and BBHHF can administer these services working collaboratively with the Court and the Division of Corrections ("DOC").

Notably, DHHR and BBHHF already administer addiction treatment services for the DOC, and DHHR and BBHHF are experts in determining eligibility for Medicaid and other health benefit programs. It makes the most sense for DHHR and BBHHF, rather than the Court and the DOC, to administer the addiction treatment services outlined in the bill.

I urge the Legislature to make the foregoing amendments to Enrolled House Bill No. 2880 today, and to return the bill to my desk for signature.

Sincerely,

Earl Ray Tomblin

Governor

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, in an effort to meet the objections of the Governor.

On motion of Delegate Cowles, the bill was amended on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated 62-15A-1, 62-15A-2 and 62-15A-3 all to read as follows:

ARTICLE 15A. ADDICTION TREATMENT PILOT PROGRAM.

62-15A-1. Definitions.

As used in this article:

(1) 'Addiction service provider' means a person licensed by this state to provide addiction and substance abuse services to persons addicted to opioids.

(2) 'Adult drug court judge' means a circuit court judge operating a drug court as defined in subsection (a), section one, article fifteen.

(3) 'Adult Drug Court Program' means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article.

(4) 'Circuit court' means those courts set forth in article two, chapter fifty-one of this code.

(5) 'Court' means the Supreme Court of Appeals of West Virginia.

(6) 'Department' means the Department of Health and Human Resources.

(7) 'Division' means the Division of Corrections.

(8) 'LS/CMI assessment criteria' means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.

(9) 'Medication-assisted treatment' means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.

(10) 'Prescriber' means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.

62-15A-2. The Department of Health and Human Resources Pilot Program.

(a) The secretary of the department shall conduct a pilot program to provide addiction treatment, including medication-assisted treatment, to persons who are offenders within the criminal justice system, eligible to participate in a program, and selected under this section to be participants in the pilot program because of their dependence on opioids.

(b) In the case of the medication-assisted treatment provided under the pilot program, a drug may be used only if it has been approved by the United States Food and Drug Administration for use in the prevention of relapse to opioid dependence and in conjunction with psychosocial support, provided as part of the pilot program, appropriate to patient needs.

(c) The department may invite the Court and the division to participate in the pilot program.

(d) The department may limit the number of participants.

(e) (1) If the Court's Adult Drug Court Program is selected to participate, it shall select persons who are participants in the Adult Drug Court program, who have been clinically assessed and diagnosed with opioid addiction. Participants must either be eligible for medicaid, or eligible for a state, federal or private grant or other funding sources that provides for the full payment of the treatment necessary to participate in the pilot program. After being enrolled in the pilot program, participants shall comply with all requirements of the Adult Drug Court Program.

(2) Treatment may be provided under this subsection only by a treatment provider who is approved by the Court or Adult Drug Court Program consistent with the policies and procedures for Adult Drug Courts developed by the Court. In serving as a treatment provider, a treatment services provider shall do all of the following:

(A) Provide treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;

(B) Conduct any necessary additional professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;

(C) Determine, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;

(D) Develop, for the participants served by the treatment provider, individualized goals and objectives;

(E) Provide access to the non-narcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and

(F) Provide other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders.

(f) (1) If the Division of Corrections is selected to participate, the division shall select persons, within the custody of the Division of Corrections, who are determined to be at high risk using the LS/CMI assessment criteria into the pilot program. Participants must either be eligible for medicaid, or eligible for a state, federal or private grant or other funding sources that provides for the full payment of the treatment necessary to participate in the pilot program. After being enrolled in the pilot program, a participant shall comply with all requirements of the treatment program.

(2) A participant shall:

(A) Receive treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and the addiction services provider;

(B) Submit to professional, comprehensive substance abuse and mental health diagnostic assessments of persons under consideration for selection as pilot program participants to determine whether they would benefit from substance abuse treatment and monitoring;

(C) Receive, based on the assessments described in paragraph (B), the treatment needs of the participants served by the treatment provider;

(D) Submit to the treatment provider, individualized goals and objectives;

(E) Receive the non-narcotic, long-acting antagonist therapy included in the pilot program's medication-assisted treatment; and

(F) Participate in other types of therapies, including psychosocial therapies, for both substance abuse and any disorders that are considered by the treatment provider to be co-occurring disorders.

62-15A-3. Report.

(a) The department shall prepare a report.

(b) The report shall include:

(1) Number of participants;

(2) Number of participants successfully completing the program;

(3) Offenses committed or offense convicted of;

(4) Recidivism Rate;

(5) Potential cost saving or expenditures;

(6) A statistical analysis which determines the effectiveness of the program; and

(7) Any other information the reporting entity finds pertinent.

(b) The Court and the division should provide any information necessary to the department to complete the report.

(c) The department shall submit the report to:

(1) The Governor;

(2) The Chief Justice of the Supreme Court of Appeals of West Virginia;

(3) The Joint Committee on Government and Finance; and

(4) The Commissioner of the Division of Corrections.

(d) The report shall be submitted by July 1, 2017 and shall include twelve months of data from the beginning of the administration of the program."

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 640), and there were--yeas 87, nays 5, absent and not voting 8, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: Guthrie, Marcum, Pushkin, Reynolds and H. White.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore, L. Phillips and Walters.

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. 2880) passed, as a result of the objections of the Governor.

On motion of Delegate Shott, the title of the bill was amended to read as follows:

Enr. H. B. 2880 - "An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto by adding thereto a new article, designated 62-15A-1, 62-15A-2 and 62-15A-3 all relating to creating an addiction treatment pilot program; defining terms; requiring the Secretary of the Department of Health and Human Resources to create an addiction treatment pilot program; permitting the department to choose the Supreme Court of Appeals of West Virginia to participate in the pilot program; permitting department to choose the Division of Corrections to participate in the pilot program; permitting the department to limit the number of participants; requiring additional support services if medication-assisted treatment is provided; setting forth pilot program requirements; setting forth a participant's requirements; requiring a report; and requiring the report to be submitted to certain entities."

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

Enr. Com. Sub. for S. B. 286, Relating to compulsory immunizations of students; exemptions.

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 18, 2015

Veto Message

The Honorable Tim Armstead,

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 286 for technical reasons.

The bill is technically flawed because its title is defective. See State ex rel. Davis v. Oakley, 156 W. Va. 154, 191 S.E.2d 610 (1972) (requiring bill title to provide notice of bill's contents). The bill's title is the same title included in the introduced version of the bill and was not amended to reflect the committee substitute or amendments. As a result, the title includes provisions that are no longer in the bill and does not accurately provide notice of the current provisions in the bill. For the foregoing technical defect, I disapprove and return this bill.

Sincerely,

Earl Ray Tomblin,

Governor.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill as amended by the Senate, in an effort to meet the objections of the Governor.

The following Senate amendments were reported by the Clerk:

On page three, section four, line twenty-six, by striking out the words "enrolling from schools".

And,

By amending the title of the bill to read as follows:

Enr. Com. Sub. for S. B. 286 - "An Act to amend and reenact 16-3-4 and 16-3-5 of the Code of West Virginia, 1931, as amended, all relating generally to mandatory immunizations; adding required immunizations; requiring immunizations in public, private and parochial schools; requiring immunizations in state regulated day care centers; providing medical exemptions from mandatory immunizations for children; allowing for provisional enrollment; requiring parents and guardians to provide a certificate from the Commissioner of the Bureau for Public Health; providing that certificate be provided before exemption applies; requiring that a request for a medical exemption must be accompanied with a certificate from a licensed physician indicating immunization is medically contraindicated; providing that county health departments shall provide immunizations when families attest they cannot afford them; allowing Commissioner of the Bureau for Public Health to grant, renew, condition, deny, suspend or revoke exemptions when not medically indicated; allowing for appointment by Commissioner of the Bureau for Public Health of an immunization officer who must be a physician; allowing for immunization officer to make determinations regarding exemptions; providing for an appeal procedure for determinations by the immunization officer or the state health officer; modifying Immunization Advisory Committee; establishing a chair of the committee; and setting forth ethical limitations for committee members."

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 641), and there were--yeas 80, nays 13, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Espinosa, A. Evans, D. Evans, Fast, Ferro, Fleischauer, Fluharty, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Hornbuckle, Howell, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, McCuskey, Miley, Morgan, E. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: Border, Butler, Faircloth, Folk, Ihle, Marcum, McGeehan, Moffatt, Moye, J. Nelson, Pushkin, Sobonya and Upson.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore and L. Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 286) passed, as a result of the objections of the Governor.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

(Com. Sub. for S. B. 287), Providing posthumous high school diplomas.

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 17, 2015

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

Re: Enrolled Committee Substitute for Senate Bill 287

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill No. 287.

This bill's enacting section is in error. It purports to enact a new section of the W.Va. Code, designated as 18-2-32. However, the bill's title designates the new section as 18-2-34a. I urge the Legislature to correct this technical inconsistency, and to return the bill to my desk for signature.

Sincerely,

Earl Ray Tomblin,

Governor.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill as amended by the Senate, in an effort to meet the objections of the Governor.

The following Senate title amendment was reported by the Clerk:

Enr. Com. Sub. for S. B. 287 - "An Act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated 18-2-32, relating to providing for awarding posthumous high school diplomas under certain circumstances; and designating provisions as 'Todd's Law'."

On motion of Delegate Cowles, the House of Delegates concurred in the Senate title amendment.

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 642), and there were--yeas 93, nays none, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Hornbuckle, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Moffatt, Moore, Moye, E. Nelson, J. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: None.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore and L. Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 287) passed, as a result of the objections of the Governor.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

(Enr. Com. Sub. for S. B. 529), Relating to PERS, SPRS and TRS benefits and costs.

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

1900 Kanawha Blvd., East

Charleston, WV 25305

March 17, 2015

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

Re: Enrolled Committee Substitute for Senate Bill 529

Dear Speaker Armstead:

Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill No. 529.

The bill presented to me does not accurately reflect certain amendments passed by the Legislature. For example, West Virginia Code 18-7D-6, which was added to the bill by amendment of the House of Delegates and concurred with by the Senate, is not included in the bill's final enrolled committee substitute. As such, the bill presented to my office is inaccurate.

Moreover, the title of the bill may be deficient and should be reviewed to determine that it accurately reflects all provisions contained within the bill.

Finally, the enacting section of the bill and the title of the bill are inconsistent in the West Virginia Code sections referenced. For example, 18-7D-6 appears in the title but not in the enacting section. These two sections should be revised to be consistent.

I urge the Legislature to review this bill, revise the technical issues, and return it to my desk for signature.

Sincerely,

Earl Ray Tomblin,

Governor.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill as amended by the Senate, in an effort to meet the objections of the Governor.

The following Senate amendments were reported by the Clerk:

On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

"That 5-10-2, 5-10-14, 5-10-15, 5-10-15a, 5-10-20, 5-10-21 and 5-10-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated 5-10-21a; that 5-13-2 of said code be amended and reenacted; that 5-16-13 of said code be amended and reenacted; that 15-2A-21 of said code be amended and reenacted; that 18-7A-17, 18-7A-23, 18-7A-25 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated 18-7A-17a and 18-7a-25b; and that 18-7D-6 of said code be amended and reenacted, all to read as follows" and a colon.

On page sixty-six, after line eighty-three, by adding a new section, designated section six, to read as follows:

"ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

18-7D-6. Service credit in State Teachers Retirement System following transfer; conversion of assets; adjustments.

(a) Any member who has affirmatively elected to transfer to the State Teachers Retirement System within the period provided in section seven of this article whose assets have been transferred from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System pursuant to the provisions of this article and who has not made any withdrawals or cash-outs from his or her assets is, depending upon the percentage of actively contributing members affirmatively electing to transfer, entitled to service credit in the State Teachers Retirement System in accordance with the provisions of subsection (c) of this section.

(b) Any member who has made withdrawals or cash-outs will receive service credit based upon the amounts transferred. The board shall make the appropriate adjustment to the service credit the member will receive.

(c) More than seventy-five percent of actively contributing members of the Teachers' Defined Contribution Retirement System affirmatively elected to transfer to the State Teachers Retirement System within the period provided in section seven of this article. Therefore, any member of the Teachers' Defined Contribution Retirement System who decides to transfer to the State Teachers Retirement System calculates his or her service credit in the State Teachers Retirement System as follows:

(1) For any member affirmatively electing to transfer, the member's State Teachers Retirement System credit shall be seventy-five percent of the member's Teachers' Defined Contribution Retirement System service credit, less any service previously withdrawn by the member or due to a qualified domestic relations order and not repaid;

(2) To receive full credit in the State Teachers Retirement System for service in the Teachers' Defined Contribution Retirement System for which assets are transferred, members who affirmatively elected to transfer and who provided to the board a signed verification of cost for service credit purchase form by the effective date of the amendments to this section enacted in the 2009 regular legislative session shall pay into the State Teachers Retirement System a one and one-half percent contribution by no later than July 1, 2015, or no later than ninety days after the postmarked date on a final and definitive contribution calculation from the board, whichever is later. This contribution shall be calculated as one and one-half percent of the member's estimated total earnings for which assets are transferred, plus interest of four percent per annum accumulated from the date of the member's initial participation in the Teachers' Defined Contribution Retirement System through June 30, 2009, and interest of seven and one-half percent per annum accumulated from July 1, 2009, through July 1, 2015: Provided, That any member who transferred and provided to the board a signed verification of cost for service credit purchase form by June 30, 2009, but was unable to complete the purchase of the one and one-half percent contribution, or any member who did not request a verification of cost letter but attempted to purchase the one and one-half percent contribution and was denied in writing by the board on or before December 31, 2009, may request the board on or before April 15, 2015, to recalculate the contribution for 2015. To receive full credit, the member shall pay into the State Teachers Retirement System the recalculated purchase amount by July 1, 2015, or no later than sixty days after the postmarked date on a contribution recalculation from the board, whichever is later. The recalculated contribution shall include the interest loss at the actuarial rate of seven and one-half percent. The board's executive director may correct clerical errors.

(A) For a member contributing to the Teachers' Defined Contribution Retirement System at any time during the 2008 fiscal year and commencing membership in the State Teachers Retirement System on July 1, 2008, or August 1, 2008, as the case may be:

(i) The estimated total earnings shall be calculated based on the member's salary and the member's age nearest birthday on June 30, 2008;

(ii) This calculation shall apply both an annual backward salary scale from that date for prior years' salaries and a forward salary scale for the salary for the 2008 fiscal year.

(B) The calculations in paragraph (A) of this subdivision are based upon the salary scale assumption applied in the West Virginia Teachers Retirement System actuarial valuation as of July 1, 2007, prepared for the Consolidated Public Retirement Board. This salary scale shall be applied regardless of breaks in service.

(d) All service previously transferred from the State Teachers Retirement System to the Teachers' Defined Contribution Retirement System is considered Teachers' Defined Contribution Retirement System service for the purposes of this article.

(e) Notwithstanding any provision of this code to the contrary, the retirement of a member who becomes eligible to retire after the member's assets are transferred to the State Teachers Retirement System pursuant to the provisions of this article may not commence before September 1, 2008: Provided, That the Consolidated Public Retirement Board may not retire any member who is eligible to retire during the calendar year 2008 unless the member has provided a written notice to his or her county board of education by July 1, 2008, of his or her intent to retire.

(f) The provisions of section twenty-eight-e, article seven-a of this chapter do not apply to the amendments to this section enacted during the 2009 regular legislative session or the 2015 regular legislative session."

And,

By amending the title of the bill to read as follows:

Enr. Com. Sub for S. B. 529 - "An Act to amend and reenact 5-10-2, 5-10-14, 5-10-15, 5-10-15a, 5-10-20, 5-10-21 and 5-10-29 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated 5-10-21a; to amend and reenact 5-13-2 of said code; to amend and reenact 5-16-13 of said code; to amend and reenact 15-2A-21 of said code; to amend and reenact 18-7A-17, 18-7A-23 and 18-7A-25 of said code; to amend said code by adding thereto two new sections, designated 18-7A-17a and 18-7A-25b; and to amend and reenact 18-7D-6, all relating generally to benefits and costs for certain members of the West Virginia Public Employees Retirement System, State Police Retirement System and Teachers Retirement System; calculating final average salary and service credit for certain public employees; authorizing purchase of military service for certain members of the West Virginia Public Employees Retirement System and Teachers Retirement System; providing military service credit for certain members of the West Virginia Public Employees Retirement System; increasing contribution rate and years of contributing service required for certain public employees to qualify for certain annuities; providing for determination of years of service; providing that accrued annual and sick leave of certain employees participating in the West Virginia Public Employees Retirement System, the State Police Retirement System and the Teachers Retirement System may not be applied for retirement service credit; for a limited time permitting certain members of the Teachers Retirement System who transferred from the Teachers' Defined Contribution System to buy, with interest, their full service credit in the Teachers Retirement System; and revising the reciprocal retirement provisions for certain members of the teachers and the public employees system."

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendments.

The Speaker propounded, "Shall the bill pass, in an effort to meet the objections of the Governor?"

On this question, the yeas and nays were taken (Roll No. 643), and there were--yeas 55, nays 38, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:

Yeas: Anderson, Arvon, Ashley, Azinger, Blair, Border, Butler, Canterbury, Cooper, Cowles, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hill, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, McCuskey, McGeehan, Moffatt, E. Nelson, O'Neal, Overington, Pasdon, Rohrbach, Romine, Rowan, Shott, R. Smith, Sobonya, Stansbury, Statler, Storch, Summers, Wagner, Walters, Waxman, Weld, Westfall, B. White, Zatezalo and Mr. Speaker (Mr. Armstead).

Nays: Ambler, Bates, Boggs, Byrd, Cadle, Campbell, Caputo, Duke, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Upson, H. White and Williams.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore and L. Phillips.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 529) passed, as a result of the objections of the Governor.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 644), and there were--yeas 86, nays 7, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Byrd, Duke, Guthrie, Lynch, Marcum, Perdue and P. Smith.

Absent and Not Voting: Deem, Ellington, Hicks, Householder, Miller, Moore and L. Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 529) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Conference Committee Report

Delegate E. Nelson, from the Committee on Conference on matters of disagreement between the two houses, as to Com. Sub. for H. B. 2016, the Budget Bill, making appropriations of public money out of the Treasury in accordance with Section 51, Article VI, of the Constitution,

Submitted the following report which was received:

Your Committee of Conference on the disagreeing votes of the two houses as to the amendment of the Senate to Engrossed Committee Substitute for H. B. 2016 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 2016.

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 2016" shall mean the period from July 1, 2015, through June 30, 2016.

"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 W.Va. Code 12-2-2 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 2, Chapter 11B 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. "Personal services" shall include "annual increment" for "eligible employees" and shall be disbursed only in accordance with Article 5, Chapter 5 of the Code.

Unless otherwise specified, appropriations for "personal services" shall include salaries of heads of spending units.

"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 paid by each spending unit from its "unclassified" appropriation, or its "current expenses" appropriation or other appropriate appropriation. Each spending unit is hereby authorized and required to make such payments in accordance with the provisions of Article 2, Chapter 11B of the Code.

Each spending unit shall be responsible for all contributions, payments or other costs related to coverage and claims of its employees for unemployment compensation and workers compensation. Such expenditures shall be considered an employee benefit.

"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 Premium" be insufficient to cover such cost, the remainder of such costs shall be paid by each spending unit from its "unclassified" appropriation, its "current expenses" appropriation or any other appropriate appropriation to the Board of Risk and Insurance Management. Each spending unit is hereby authorized and required to make such payments. If there is no appropriation for "BRIM Premium" such costs shall be paid by each spending unit from its "current expenses" appropriation, "unclassified" appropriation or other appropriate appropriation.

West Virginia Council for Community and Technical College Education and Higher Education Policy Commission entities operating with special revenue funds and/or federal funds shall pay their proportionate share of the Board of Risk and Insurance Management total insurance premium cost for their respective institutions.

"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 W.Va. Code 12-3-12.

From appropriations made to the spending units of state government, upon approval of the Governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.

Appropriations classified in any of the above categories shall be expended only for the purposes as defined above and only for the spending units herein designated: Provided, That the secretary of each department shall have the authority to transfer within the department those general revenue funds appropriated to the various agencies of the department: Provided, however, That no more than five percent of the general revenue funds appropriated to any one agency or board may be transferred to other agencies or boards within the department: and no funds may be transferred to a "personal services and employee benefits" appropriation unless the source funds are also wholly from a "personal services and employee benefits" line, or unless the source funds are from another appropriation that has exclusively funded employment expenses for at least twelve consecutive months prior to the time of transfer and the position(s) supported by the transferred funds are also permanently transferred to the receiving agency or board within the department: Provided further, That the secretary of each department and the director, commissioner, executive secretary, superintendent, chairman or any other agency head not governed by a departmental secretary as established by Chapter 5F of the Code shall have the authority to transfer funds appropriated to "personal services and employee benefits," "current expenses," "repairs and alterations", "equipment", "other assets", "land," and "buildings" to other appropriations within the same account and no funds from other appropriations shall be transferred to the "personal services and employee benefits" or the "unclassified" appropriation: And provided further, That no authority exists hereunder to transfer funds into appropriations to which no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary or other appropriate agency head may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a Special Revenue Account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer, except that the use of the appropriations from the State Road Fund for the office of the Secretary of the Department of Transportation is not a use other than the purpose for which such funds were dedicated and is permitted.

Appropriations otherwise classified shall be expended only where the distribution of expenditures for different purposes cannot well be determined in advance or it is necessary or desirable to permit the spending unit the freedom to spend an appropriation for more than one of the above classifications.

Sec. 4. Method of expenditure. -- Money appropriated by this bill, unless otherwise specifically directed, shall be appropriated and expended according to the provisions of Article 3, Chapter 12 of the Code or according to any law detailing a procedure specifically limiting that article.

Sec. 5. Maximum expenditures. -- No authority or requirement of law shall be interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this bill.

TITLE II -- APPROPRIATIONS.

ORDER OF SECTIONS

SECTION 1. Appropriations from general revenue.

SECTION 2. Appropriations from state road fund.

SECTION 3. Appropriations from other funds.

SECTION 4. Appropriations from lottery net profits.

SECTION 5. Appropriations from state excess lottery revenue.

SECTION 6. Appropriations of federal funds.

SECTION 7. Appropriations from federal block grants.

SECTION 8. Awards for claims against the state.

SECTION 9. Appropriations from general revenue surplus accrued.

SECTION 10. Appropriations from lottery net profits surplus accrued.

SECTION 11. Appropriations from state excess lottery revenue surplus accrued.

SECTION 12. Special revenue appropriations.

SECTION 13. State improvement fund appropriations.

SECTION 14. Specific funds and collection accounts.

SECTION 15. Appropriations for refunding erroneous payment.

SECTION 16. Sinking fund deficiencies.

SECTION 17. Appropriations for local governments.

SECTION 18. Total appropriations.

SECTION 19. General school fund.

SECTION 20. Special permissive, one-time appropriation from Revenue Shortfall Reserve 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 2, Chapter 11B the following amounts, as itemized, for expenditure during the fiscal year 2016.

LEGISLATIVE

Fund 0165 FY 2016 Org 2100

General

Appro- Revenue

priation Fund



Compensation of Members (R) 00300 $ 1,010,000

Compensation and Per Diem of Officers

and Employees (R) 00500 3,233,620

Employee Benefits (R) 01000 777,712

Current Expenses and Contingent Fund (R) 02100 276,392

Repairs and Alterations (R) 06400 50,000

Computer Supplies (R) 10100 20,000

Computer Systems (R) 10200 60,000

Printing Blue Book (R) 10300 125,000

Expenses of Members (R) 39900 370,000

BRIM Premium (R) 91300 29,482

Total $ 5,952,206

The appropriations for the Senate for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 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 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 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 75 copies for each member of the Legislature and two copies for each classified and approved high school and junior high or middle school and one copy for each elementary school within the state.

Included in the above appropriation for Senate (fund 0165, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.

Fund 0170 FY 2016 Org 2200

Compensation of Members (R) 00300 $ 3,000,000

Compensation and Per Diem of Officers

and Employees (R) 00500 575,000

Current Expenses and Contingent Fund (R) 02100 3,929,031

Expenses of Members (R) 39900 1,350,000

BRIM Premium (R) 91300 50,000

Total $ 8,904,031

The appropriations for the House of Delegates for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 accounts.

Upon the written request of the Clerk of the House of Delegates, the Auditor shall transfer amounts between items of the total appropriation in order to protect or increase the efficiency of the service.

The Clerk of the House of Delegates, with the approval of the Speaker, is authorized to draw his or her requisitions upon the Auditor, payable out of the Current Expenses and Contingent Fund of the House of Delegates, for any bills for supplies and services that may have been incurred by the House of Delegates and not included in the appropriation bill, for bills for services and supplies incurred in preparation for the opening of the session and after adjournment, and for the necessary operation of the House of Delegates' offices, the requisitions for which are to be accompanied by bills to be filed with the Auditor.

The Speaker of the House of Delegates, upon approval of the House committee on rules, shall have authority to employ such staff personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the House resolution, and the compensation of all personnel shall be as fixed in such House resolution for the session, or fixed by the Speaker, with the approval of the House committee on rules, during and between sessions of the Legislature, notwithstanding such House resolution. The Clerk of the House of Delegates is hereby authorized to draw requisitions upon the Auditor for such services, payable out of the appropriation for the Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.

For duties imposed by law and by the House of Delegates, including salary allowed by law as keeper of the rolls, the Clerk of the House of Delegates shall be paid a monthly salary as provided in the House resolution, unless increased between sessions under the authority of the Speaker, with the approval of the House committee on rules, and payable out of the appropriation for Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent Fund of the House of Delegates.



Included in the above appropriation for House of Delegates (fund 0170, appropriation 02100), an amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians - Doc of the Day Program.

(WV Code Chapter 4)

Fund 0175 FY 2016 Org 2300

Joint Committee on Government and Finance (R) 10400 $ 6,758,015

Legislative Printing (R) 10500 760,000

Legislative Rule-Making Review Committee (R) 10600 147,250

Legislative Computer System (R) 10700 902,500

BRIM Premium (R) 91300 27,692

Total $ 8,595,457

The appropriations for the joint expenses for the fiscal year 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016; Provided, That the amount to be reappropriated to Tax Reduction and Federal Funding Increased Compliance (TRAFFIC), (fiscal year 2009, fund 0175, appropriation 64200), be reduced by $1,000,000 and the $1,000,000 so reduced be added and reappropriated to Joint Committee on Government and Finance (2014, fund 0175, appropriation 10400). Any balances reappropriated may be transferred and credited to the fiscal year 2015 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, appropriation 64200) is intended for possible general state tax reductions or the offsetting of any reductions in federal funding for state programs.

JUDICIAL

General Judicial

Fund 0180 FY 2016 Org 2400

Personal Services and Employee Benefits (R) 00100 $ 98,955,687

Children's Protection Act (R) 09000 2,800,000

Current Expenses (R) 13000 29,465,276

Repairs and Alterations (R) 06400 715,000

Equipment (R) 07000 3,100,000

Judges' Retirement System (R) 11000 2,845,000

Buildings (R) 25800 100,000

Other Assets (R) 69000 1,200,000

BRIM Premium (R) 91300 391,532

Total $ 139,572,495

The appropriations to the Supreme Court of Appeals for the fiscal years 2014 and 2015 are to remain in full force and effect and are hereby reappropriated to June 30, 2016. Any balances so reappropriated may be transferred and credited to the fiscal year 2015 accounts.

This fund 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 there from as required by law for taxes and other items.

The appropriation for the Judges' Retirement System (fund 0180, appropriation 11000) 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

(WV Code Chapter 5)

Fund 0101 FY 2016 Org 0100

Personal Services and Employee Benefits 00100 $ 3,253,530

Current Expenses (R) 13000 1,145,458

Repairs and Alterations 06400 2,000

GO HELP (R) 11600 0

National Governors Association 12300 60,700

Herbert Henderson Office of Minority Affairs 13400 156,726

Southern Governors' Association 31400 40,000

BRIM Premium 91300 151,851

Total $ 4,810,265

Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, appropriation 09900), GO HELP (fund 0101, appropriation 11600), Current Expenses (fund 0101, appropriation 13000), and JOBS Fund (fund 0101, appropriation 66500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0101, appropriation 00100), is $150,000 for the Salary of the Governor.

The above appropriation for Herbert Henderson Office of Minority Affairs (fund 0101, appropriation 13400) shall be transferred to the Minority Affairs Fund (fund 1058).

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2016 Org 0100

Personal Services and Employee Benefits 00100 $ 352,216

Current Expenses (R) 13000 214,166

Repairs and Alterations 06400 5,000

Total $ 571,382

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0102, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Appropriations are to be used for current general expenses, including compensation of employees, household maintenance, cost of official functions and additional household expenses occasioned by such official functions.

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2016 Org 0100

Any unexpended balances remaining in the appropriations for Business and Economic Development Stimulus - Surplus (fund 0105, appropriation 08400), Civil Contingent Fund - Total (fund 0105, appropriation 11400), 2012 Natural Disasters - Surplus (fund 0105, appropriation 13500), Civil Contingent Fund - Total - Surplus (fund 0105, appropriation 23800), Civil Contingent Fund - Surplus (fund 0105, appropriation 26300), Business and Economic Development Stimulus (fund 0105, appropriation 58600), Civil Contingent Fund (fund 0105, appropriation 61400), and Natural Disasters - Surplus (fund 0105, appropriation 76400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From this fund there may be expended, at the discretion of the Governor, an amount not to exceed $1,000 as West Virginia's contribution to the interstate oil compact commission.

The above fund 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.

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 3,160,621

Current Expenses (R) 13000 10,622

BRIM Premium 91300 10,451

Total $ 3,181,694

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0116, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0116, appropriation 00100), is $95,000 for the Salary of the Auditor.

(WV Code Chapter 12)

Fund 0126 FY 2016 Org 1300

Personal Services and Employee Benefits 00100 $ 2,534,350

Unclassified 09900 32,355

Current Expenses (R) 13000 387,757

Abandoned Property Program 11800 157,337

Other Assets 69000 10,000

Tuition Trust Fund (R) 69200 73,207

BRIM Premium 91300 30,809

Total $ 3,225,815

Any unexpended balances remaining in the appropriations for Current Expenses (fund 0126, appropriation 13000) and Tuition Trust Fund (fund 0126, appropriation 69200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0126, appropriation 00100), is $95,000 for the Salary of the Treasurer.

(WV Code Chapter 19)

Fund 0131 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 5,832,272

Animal Identification Program 03900 184,484

State Farm Museum 05500 104,500

Unclassified (R) 09900 67,969

Current Expenses (R) 13000 264,826

Repairs and Alterations 06400 30,000

Equipment 07000 23,402

Gypsy Moth Program (R) 11900 1,148,890

Huntington Farmers Market 12800 43,866

Black Fly Control 13700 532,444

Donated Foods Program 36300 50,000

Predator Control (R) 47000 200,000

Logan Farmers Market 50100 46,799

Bee Research 69100 77,821

Charleston Farmers Market 74600 84,360

Microbiology Program (R) 78500 115,096

Moorefield Agriculture Center (R) 78600 1,077,467

Chesapeake Bay Watershed 83000 125,416

Livestock Care Standards Board 84300 15,000

BRIM Premium 91300 120,202

Threat Preparedness 94200 82,110

WV Food Banks 96900 140,000

Senior's Farmers' Market Nutrition Coupon Program 97000 62,137

Total $ 10,429,061

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0131, appropriation 09700), Unclassified (fund 0131, appropriation 09900), Gypsy Moth Program (fund 0131, appropriation 11900), Current Expenses (fund 0131, appropriation 13000), Predator Control (fund 0131, appropriation 47000), Capital Outlay, Repairs and Equipment - Surplus (fund 0131, appropriation 67700), Capital Outlay and Maintenance (fund 0131, appropriation 75500), Microbiology Program (fund 0131, appropriation 78500), Moorefield Agriculture Center (fund 0131, appropriation 78600), and Agricultural Disaster and Mitigation Needs - Surplus (fund 0131, appropriation 85000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0131, appropriation 00100), is $95,000 for the Salary of the Commissioner.

The above appropriation for Predator Control (fund 0131, appropriation 47000) is to be made available to the United States Department of Agriculture, Wildlife Services to administer the Predator Control Program.

A portion of the Unclassified or Current Expenses appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for marketing and development activities.

From the above appropriation for WV Food Banks (fund 0131, appropriation 96900), $20,000 is for House of Hope and the remainder of the appropriation shall be allocated to the Huntington Food Bank and the Mountaineer Food Bank in Braxton County.

(WV Code Chapter 19)

Fund 0132 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 722,344

Unclassified (R) 09900 83,564

Current Expenses (R) 13000 333,771

Repairs and Alterations 06400 10,000

Equipment 07000 10,000

Soil Conservation Projects (R) 12000 7,148,899

BRIM Premium 91300 26,326

Total $ 8,334,904

Any unexpended balances remaining in the appropriations for Unclassified (fund 0132, appropriation 09900), Soil Conservation Projects (fund 0132, appropriation 12000), and Current Expenses (fund 0132, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Meat Inspection Fund

(WV Code Chapter 19)

Fund 0135 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 618,662

Unclassified 09900 7,182

Current Expenses 13000 96,344

Total $ 722,188

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.

Agricultural Awards Fund

(WV Code Chapter 19)

Fund 0136 FY 2016 Org 1400

Programs and Awards for 4-H Clubs and FFA/FHA 57700 $ 15,000

Commissioner's Awards and Programs 73700 39,250

Total $ 54,250

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 98,029

Unclassified 09900 950

Total $ 98,979

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

Fund 0150 FY 2016 Org 1500

Personal Services and Employee Benefits (R) 00100 $ 3,062,683

Unclassified (R) 09900 51,867

Current Expenses (R) 13000 590,706

Repairs and Alterations 06400 7,500

Equipment 07000 40,000

Criminal Convictions and Habeas Corpus Appeals (R) 26000 1,050,739

Better Government Bureau 74000 270,742

BRIM Premium 91300 90,000

Total $ 5,164,237

Any unexpended balances remaining in the above appropriations for Personal Services and Employee Benefits (fund 0150, appropriation 00100), Employee Benefits (fund 0150, appropriation 01000), Unclassified (fund 0150, appropriation 09900), Current Expenses (fund 0150, appropriation 13000), Criminal Convictions and Habeas Corpus Appeals (fund 0150, appropriation 26000), Agency Client Revolving Liquidity Pool (fund 0150, appropriation 36200), Equipment - Surplus (fund 0150, appropriation 34100), Technology Improvements - Surplus (fund 0150, appropriation 72500), and Operating Expenses - Surplus (fund 0150, appropriation 77900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0150, appropriation 00100), is $95,000 for the Salary of the Attorney General.

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

(WV Code Chapters 3, 5 and 59)

Fund 0155 FY 2016 Org 1600

Personal Services and Employee Benefits 00100 $ 119,024

Unclassified (R) 09900 11,217

Current Expenses (R) 13000 977,395

BRIM Premium 91300 20,000

Total $ 1,127,636

Any unexpended balances remaining in the appropriations for Unclassified (fund 0155, appropriation 09900), Current Expenses (fund 0155, appropriation 13000), and Technology Improvements - Surplus (fund 0155, appropriation 72500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation to Personal Services and Employee Benefits (fund 0155, appropriation 00100), is $95,000 for the Salary of the Secretary of State.

(WV Code Chapter 3)

Fund 0160 FY 2016 Org 1601

Personal Services and Employee Benefits 00100 $ 2,477

Unclassified 09900 83

Current Expenses 13000 5,782

Total $ 8,342

DEPARTMENT OF ADMINISTRATION

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2016 Org 0201

Personal Services and Employee Benefits 00100 $ 584,142

Unclassified 09900 9,177

Current Expenses 13000 102,470

Repairs and Alterations 06400 100

Equipment 07000 1,000

Financial Advisor (R) 30400 110,546

Lease Rental Payments 51600 15,000,000

Design-Build Board 54000 4,000

Other Assets 69000 100

BRIM Premium 91300 4,000

Total $ 15,815,535

Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, appropriation 30400) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The appropriation for Lease Rental Payments (fund 0186, appropriation 51600) shall be disbursed as provided by W.Va. Code 31-15-6b.

(WV Code Chapter 5)

Fund 0195 FY 2016 Org 0205

The Division of Highways, Division of Motor Vehicles, Public Service Commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the retirement costs for their respective divisions. When specific appropriations are not made, such payments may be made from the balances in the various special revenue funds in excess of specific appropriations.

(WV Code Chapter 5A)

Fund 0203 FY 2016 Org 0209

Personal Services and Employee Benefits 00100 $ 91,073

Unclassified 09900 2,400

Current Expenses 13000 84,462

Repairs and Alterations 06400 1,500

Equipment 07000 1,000

GAAP Project (R) 12500 594,456

Other Assets 69000 2,000

BRIM Premium 91300 4,526

Total $ 781,417

Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, appropriation 12500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 5A)

Fund 0230 FY 2016 Org 0211

Personal Services and Employee Benefits 00100 $ 2,640,822

Unclassified 09900 20,000

Current Expenses 13000 878,365

Repairs and Alterations 06400 500

Equipment 07000 5,000

Fire Service Fee 12600 14,000

Buildings (R) 25800 500

Preservation and Maintenance of Statues and Monuments

on Capitol Grounds 37100 68,000

Capital Outlay, Repairs and Equipment (R) 58900 4,500,000

Other Assets 69000 500

Land (R) 73000 500

BRIM Premium 91300 112,481

Total $ 8,240,668

Any unexpended balances remaining in the above appropriations for Buildings (fund 0230, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900), and Land (fund 0230, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Preservation and Maintenance of Statues and Monuments on Capitol Grounds (fund 0230, appropriation 37100), the Division shall consult the Division of Culture and History and Capitol Building Commission in all aspects of planning, assessment, maintenance and restoration.

The above appropriation for Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900) shall be expended for capital improvements, maintenance, repairs and equipment for state-owned buildings.

(WV Code Chapter 5A)

Fund 0210 FY 2016 Org 0213

Personal Services and Employee Benefits 00100 $ 1,005,608

Unclassified 09900 1,444

Current Expenses 13000 24,070

Repairs and Alterations 06400 700

Equipment 07000 1,000

Other Assets 69000 1,000

BRIM Premium 91300 6,167

Total $ 1,039,989 The division of highways shall reimburse Fund 2031 within the Division of Purchasing for all actual expenses incurred pursuant to the provisions of W.Va. Code 17-2A-13.

(WV Code Chapter 5A)

Fund 0615 FY 2016 Org 0215

Personal Services and Employee Benefits 00100 $ 926,382

Unclassified 09900 14,414

Current Expenses 13000 447,316

Repairs and Alterations 06400 0

Equipment 07000 5,000

Buildings (R) 25800 100

Other Assets 69000 100

Total $ 1,393,312

Any unexpended balance remaining in the appropriation for Buildings (fund 0615, appropriation 25800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 29)

Fund 0214 FY 2016 Org 0217

Unclassified 09900 $ 465

Current Expenses 13000 45,085

Total $ 45,550

To pay expenses for members of the commission on uniform state laws.

(WV Code Chapter 6C)

Fund 0220 FY 2016 Org 0219

Personal Services and Employee Benefits 00100 $ 918,368

Unclassified 09900 1,000

Current Expenses 13000 165,806

Equipment 07000 50

BRIM Premium 91300 7,803

Total $ 1,093,027

Any unexpended balances remaining in the appropriations for Buildings (fund 0220, appropriation 25800), and Land (fund 0220, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 6B)

Fund 0223 FY 2016 Org 0220

Personal Services and Employee Benefits 00100 $ 570,145

Unclassified 09900 4,500

Current Expenses 13000 128,193

Repairs and Alterations 06400 500

Other Assets 69000 100

BRIM Premium 91300 3,137

Total $ 706,575

(WV Code Chapter 29)

Fund 0226 FY 2016 Org 0221

Personal Services and Employee Benefits 00100 $ 1,419,650

Unclassified 09900 317,429

Current Expenses 13000 45,840

Public Defender Corporations 35200 19,199,406

Appointed Counsel Fees (R) 78800 10,723,115

BRIM Premium 91300 6,155

Total $ 31,711,595

Any unexpended balance remaining in the above appropriation for Appointed Counsel Fees (fund 0226, appropriation 78800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The director shall have the authority to transfer funds from the appropriation to Public Defender Corporations (fund 0226, appropriation 35200) to Appointed Counsel Fees (fund 0226, appropriation 78800).

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2016 Org 0224

Personal Services and Employee Benefits 00100 $ 3,187

Current Expenses 13000 868

Total $ 4,055

(WV Code Chapter 5)

Fund 0200 FY 2016 Org 0225

The Division of Highways, Division of Motor Vehicles, Public Service Commission and other departments, bureaus, divisions, or commissions operating from special revenue funds and/or federal funds shall pay their proportionate share of the public employees health insurance cost for their respective divisions.

(WV Code Chapter 7)

Fund 0557 FY 2016 Org 0228

Forensic Medical Examinations (R) 68300 $ 140,505

Federal Funds/Grant Match (R) 74900 100,782

Total $ 241,287

Any unexpended balances remaining in the appropriations for Forensic Medical Examinations (fund 0557, appropriation 68300) and Federal Funds/Grant Match (fund 0557, appropriation 74900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 5)

Fund 0588 FY 2016 Org 0230

Personal Services and Employee Benefits 00100 $ 0

Current Expenses 13000 0

Autism Spectrum Disorder Coverage 85600 0

Total $ 0

(WV Code Chapter 5A)

Fund 0610 FY 2016 Org 0233

Personal Services and Employee Benefits 00100 $ 725,360

Unclassified 09900 2,000

Current Expenses 13000 167,046

Repairs and Alterations 06400 100

Equipment 07000 2,500

BRIM Premium 91300 4,200

Total $ 901,206

Any unexpended balances remaining in the appropriations for Buildings (fund 0610, appropriation 25800) and Land (fund 0610, appropriation 73000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

DEPARTMENT OF COMMERCE

(WV Code Chapter 19)

Fund 0250 FY 2016 Org 0305

Personal Services and Employee Benefits 00100 $ 3,908,154

Unclassified 09900 21,435

Current Expenses 13000 1,213,953

Repairs and Alterations 06400 135,000

Equipment (R) 07000 100,000

BRIM Premium 91300 85,000

Total $ 5,463,542

Any unexpended balance remaining in the appropriation for Equipment (fund 0250, appropriation 07000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Out of the above appropriations a sum may be used to match federal funds for cooperative studies or other funds for similar purposes.

(WV Code Chapter 29)

Fund 0253 FY 2016 Org 0306

Personal Services and Employee Benefits 00100 $ 1,632,541

Unclassified 09900 30,096

Current Expenses 13000 91,852

Repairs and Alterations 06400 10,000

Equipment 07000 100

Mineral Mapping System (R) 20700 1,214,328

Other Assets 69000 100

BRIM Premium 91300 20,950

Total $ 2,999,967

Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, appropriation 20700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above Unclassified and Current Expenses appropriations include funding to secure federal and other contracts and may be transferred to a special revolving fund (fund 3105) for the purpose of providing advance funding for such contracts.

(WV Code Chapter 5B)

Fund 0256 FY 2016 Org 0307

Personal Services and Employee Benefits 00100 $ 3,954,304

ARC-WV Home of Your Own Alliance 04800 33,744

Unclassified 09900 128,379

Current Expenses 13000 1,750,854

Southern WV Career Center 07100 414,840

Local Economic Development Partnerships (R) 13300 1,650,000

ARC Assessment 13600 152,585

Mid-Atlantic Aerospace Complex 23100 149,134

Guaranteed Work Force Grant (R) 24200 993,386

Robert C. Byrd Institute for Advanced/Flexible

Manufacturing - Technology Outreach and Programs

for Environmental and Advanced Technologies 36700 438,504

Advantage Valley 38900 0

Chemical Alliance Zone 39000 40,099

WV High Tech Consortium 39100 300,000

Regional Contracting Assistance Center 41800 225,000

Highway Authorities 43100 732,078

International Offices (R) 59300 529,867

WV Manufacturing Extension Partnership 73100 121,478

Polymer Alliance 75400 97,014

Regional Councils 78400 371,184

Mainstreet Program 79400 167,292

National Institute of Chemical Studies 80500 59,474

I-79 Development Council 82400 46,296

Mingo County Post Mine Land Use Projects . 84100 250,000

BRIM Premium 91300 26,096

Hatfield McCoy Recreational Trail 96000 210,900

Hardwood Alliance Zone 99200 35,937

Total $ 12,878,445

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0256, appropriation 09700), Partnership Grants (fund 0256, appropriation 13100), Local Economic Development Partnerships (fund 0256, appropriation 13300), Guaranteed Work Force Grant (fund 0256, appropriation 24200), Industrial Park Assistance (fund 0256, appropriation 48000), Small Business Development (fund 0256, appropriation 70300), Local Economic Development Assistance (fund 0256, appropriation 81900), and 4-H Camp Improvements (fund 0256, appropriation 94100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation to Local Economic Development Partnerships (fund 0256, appropriation 13300) 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 W.Va. Code 5B-2-14. 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 $34,000 per county served by an economic development or redevelopment corporation or authority.

From the above appropriation for Highway Authorities (fund 0256, appropriation 43100), $106,548 is for King Coal Highway Authority; $106,548 is for Coal Field Expressway Authority; $170,478 is for Coal Heritage Area Authority; $42,620 is for Little Kanawha River Parkway; $76,715 is for Midland Trail Scenic Highway Association; $48,585 is for Shawnee Parkway Authority; $85,239 is for Corridor G Regional Development Authority; $52,725 is for Corridor H Authority; and $42,620 is for Route 2 I68 Highway Authority.

(WV Code Chapters 21 and 47)

Fund 0260 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 2,201,632

Unclassified 09900 28,658

Current Expenses 13000 564,773

Repairs and Alterations 06400 30,000

Equipment 07000 10,000

BRIM Premium 91300 22,752

Total $ 2,857,815

Occupational Safety and Health Fund

(WV Code Chapter 21)

Fund 0616 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 74,144

Current Expenses 13000 79,963

Repairs and Alterations 06400 500

Equipment 07000 500

BRIM Premium 91300 985

Total $ 156,092

(WV Code Chapter 20)

Fund 0265 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 16,378,772

Unclassified 09900 11,220

Current Expenses 13000 57,416

Repairs and Alterations 06400 400

Equipment 07000 500

Buildings (R) 25800 400

Litter Control Conservation Officers 56400 149,103

Upper Mud River Flood Control 65400 168,622

Other Assets 69000 200

Land (R) 73000 400

Law Enforcement 80600 2,764,373

BRIM Premium 91300 293,374

Total $ 19,824,780

Any unexpended balances remaining in the appropriations for Buildings (fund 0265, appropriation 25800), Land (fund 0265, appropriation 73000), and State Park Improvements - Surplus (fund 0265, appropriation 76300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

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.

(WV Code Chapter 22)

Fund 0277 FY 2016 Org 0314

Personal Services and Employee Benefits 00100 $ 10,503,524

Unclassified 09900 120,000

Current Expenses 13000 1,870,667

Coal Dust and Rock Dust Sampling 27000 572,583

BRIM Premium 91300 68,134

Total $ 13,134,908

Included in the above appropriation for Current Expenses (fund 0277, appropriation 13000) is $500,000 for the Southern West Virginia Community and Technical College Mine Rescue and Rapid Response Team.

(WV Code Chapter 22)

Fund 0280 FY 2016 Org 0319

Personal Services and Employee Benefits 00100 $ 286,435

Unclassified 09900 4,230

Current Expenses 13000 131,634

Total $ 422,299

(WV Code Chapter 23)

Fund 0572 FY 2016 Org 0323

Personal Services and Employee Benefits 00100 $ 13,464

Unclassified 09900 655

Current Expenses 13000 51,289

Total $ 65,408

Office of the Secretary

(WV Code Chapter 19)

Fund 0606 FY 2016 Org 0327

Personal Services and Employee Benefits 00100 $ 327,407

Unclassified 09900 3,500

Current Expenses 13000 29,560

Total $ 360,467

Office of the Secretary -

Office of Economic Opportunity

Fund 0617 FY 2016 Org 0327

Office of Economic Opportunity 03400 $ 102,417

(WV Code Chapter 5H)

Fund 0612 FY 2016 Org 0328

Personal Services and Employee Benefits 00100 $ 204,270

Unclassified 09900 16,268

Current Expenses 13000 1,402,196

BRIM Premium 91300 3,297

Total $ 1,626,031

From the above appropriation for Current Expenses (fund 0612, appropriation 13000) $593,375 is for West Virginia University and $593,375 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy.

DEPARTMENT OF EDUCATION

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 361,665

Unclassified 09900 0

Current Expenses 13000 2,118,490

Total $ 2,480,155

State FFA-FHA Camp and Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 600,273

Unclassified 09900 $ 500,000

Current Expenses 13000 128,033

BRIM Premium 91300 21,694

Total $ 1,250,000

State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 4,366,344

Technology System Specialist 06200 2,000,000

Teachers' Retirement Savings Realized 09500 34,472,000

Unclassified (R) 09900 300,000

Current Expenses (R) 13000 2,673,081

Repairs and Alterations 06400 50,000

Equipment 07000 5,000

Increased Enrollment 14000 5,260,000

Safe Schools 14300 5,028,664

Teacher Mentor (R) 15800 592,034

National Teacher Certification (R) 16100 150,000

Buildings (R) 25800 1,000

Allowance for County Transfers 26400 469,993

Technology Repair and Modernization 29800 951,003

HVAC Technicians 35500 491,258

Early Retirement Notification Incentive 36600 300,000

MATH Program 36800 366,532

Assessment Programs 39600 2,339,588

21st Century Fellows 50700 274,899

English as a Second Language 52800 100,000

Teacher Reimbursement 57300 297,188

Hospitality Training 60000 319,005

Hi-Y Youth in Government 61600 100,000

High Acuity Special Needs (R) 63400 1,500,000

Foreign Student Education 63600 89,231

Principals Mentorship 64900 69,250

State Board of Education Administrative Costs 68400 363,428

Other Assets 69000 1,000

IT Academy 72100 500,000

Land (R) 73000 1,000

Early Literacy Program 75600 5,700,000

Local Solutions Dropout Prevention and Recovery 78000 2,230,000

School Based Truancy Prevention 78101 2,000,000

Elementary/Middle Alternative Schools 83300 900,000

21st Century Innovation Zones 87600 266,144

21st Century Learners (R) 88600 1,716,874

Technology Initiatives 90100 230,000

BRIM Premium 91300 285,686

High Acuity Health Care Needs Program 92000 925,000

21st Century Assessment and Professional Development 93100 4,496,283

21st Century Technology Infrastructure Network

Tools and Support (R) 93300 7,636,586

WV Commission on Holocaust Education 93500 13,875

Regional Education Service Agencies 97200 3,690,750

Educational Program Allowance 99600 535,000

Total $ 94,057,696

The above appropriations include funding for the state board of education and their executive office.

Any unexpended balances remaining in the appropriations for Unclassified (fund 0313, appropriation 09900), Current Expenses (fund 0313, appropriation 13000), Teacher Mentor (fund 0313, appropriation 15800), National Teacher Certification (fund 0313, appropriation 16100), Buildings (fund 0313, appropriation 25800), High Acuity Special Needs (fund 0313, appropriation 63400), Land (fund 0313, appropriation 73000), and 21st Century Learners (fund 0313, appropriation 88600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Technology System Specialists (fund 0313, appropriation 06200), shall first be used for the continuance of current pilot projects. The remaining balance, if any, may be used to expand the pilot project for additional counties.

The above appropriation for Teachers' Retirement Savings Realized (fund 0313, appropriation 09500) shall be transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).

Included in the above appropriation for Current Expenses (fund 0313, appropriation 13000) is $50,000 for the fifth year of a five year special community development school pilot program per W.Va. Code 18-3-12.

The above appropriation for Hospitality Training (fund 0313, appropriation 60000), shall be allocated only to entities that have a plan approved for funding by the Department of Education, at the funding level determined by the State Superintendent of Schools. Plans shall be submitted to the State Superintendent of Schools to be considered for funding.

The above appropriation for Local Solutions Dropout Prevention and Recovery (fund 0313, appropriation 78000) shall be transferred to the Local Solutions Dropout Prevention and Recovery Fund (fund 3949).

From the above appropriation for Educational Program Allowance (fund 0313, appropriation 99600), $100,000 shall be expended for Webster County Board of Education for Hacker Valley; $150,000 shall be for the Randolph County Board of Education for Pickens School; $100,000 shall be for the Preston County Board of Education for the Aurora School; and $100,000 shall be for the Fayette County Board of Education for Meadow Bridge; and $85,000 is for Project Based Learning in STEM fields.

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2016 Org 0402

Special Education - Counties 15900 $ 7,271,757

Special Education - Institutions 16000 3,707,066

Education of Juveniles Held in Predispositional

Juvenile Detention Centers 30200 589,370

Education of Institutionalized Juveniles and Adults (R) 47200 17,335,390

Total $ 28,903,583

Any unexpended balance remaining in the appropriation for Education of Institutionalized Juveniles and Adults (fund 0314, appropriation 47200) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriations, the superintendent shall have authority to expend funds for the costs of special education for those children residing in out-of-state placements.

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2016 Org 0402

Other Current Expenses 02200 $ 154,485,546

Advanced Placement 05300 526,406

Professional Educators 15100 869,841,621

Service Personnel 15200 294,796,569

Fixed Charges 15300 103,420,680

Transportation 15400 76,249,111

Professional Student Support Services 65500 37,927,850

Improved Instructional Programs 15600 47,840,943

21st Century Strategic Technology Learning Growth 93600 18,176,651

Basic Foundation Allowances 1,603,265,377

Less Local Share (454,137,621)

Adjustments 718,168

Total Basic State Aid 1,149,845,924

Public Employees' Insurance Matching 01200 214,590,471

Teachers' Retirement System 01900 66,486,618

School Building Authority 45300 23,423,270

Retirement Systems - Unfunded Liability 77500 298,584,000

Total $ 1,752,930,283

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 1,293,783

Unclassified 09900 280,000

Current Expenses 13000 918,886

Wood Products - Forestry Vocational Program 14600 64,841

Albert Yanni Vocational Program 14700 131,951

Vocational Aid 14800 22,193,335

Adult Basic Education 14900 4,470,114

Program Modernization 30500 884,313

High School Equivalency Diploma Testing (R) 72600 1,067,176

FFA Grant Awards 83900 11,496

Pre-Engineering Academy Program 84000 265,294

Total $ 31,581,189

Any unexpended balances remaining in the appropriations for GED Testing (fund 0390, appropriation 33900) and High School Equivalency Diploma Testing (fund 0390, appropriation 72600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Division of Education Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 903,491

Unclassified 09900 7,000

Current Expenses 13000 942,099

Repairs and Alterations 06400 1,000

Equipment 07000 1,000

Other Assets 69000 1,000

Total $ 1,855,590

West Virginia Schools for the Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2016 Org 0403

Personal Services and Employee Benefits 00100 $ 11,551,213

Unclassified 09900 107,329

Current Expenses 13000 1,690,291

Repairs and Alterations 06400 75,000

Equipment 07000 35,000

Buildings (R) 25800 25,000

Other Assets 69000 25,000

Capital Outlay and Maintenance (R) 75500 62,500

BRIM Premium 91300 68,628

Total $ 13,639,961

Any unexpended balances remaining in the appropriations for Buildings (fund 0320, appropriation 25800) and Capital Outlay and Maintenance (fund 0320, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

DEPARTMENT OF EDUCATION AND THE ARTS

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2016 Org 0431

Personal Services and Employee Benefits 00100 $ 851,891

Unclassified 09900 35,000

Current Expenses 13000 27,818

Center for Professional Development (R) 11500 2,298,371

National Youth Science Camp 13200 246,500

WV Humanities Council 16800 450,000

Benedum Professional Development Collaborative (R) 42700 805,895

Governor's Honors Academy (R) 47800 597,714

Educational Enhancements 69500 575,000

S.T.E.M. Education and Grant Program 71900 500,000

Energy Express 86100 470,000

BRIM Premium 91300 4,509

Special Olympic Games 96600 25,000

Total $ 6,887,698

Any unexpended balances remaining in the appropriations for Center for Professional Development (fund 0294, appropriation 11500), Benedum Professional Development Collaborative (fund 0294, appropriation 42700), and Governor's Honors Academy (fund 0294, appropriation 47800) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Educational Enhancements (fund 0294, appropriation 69500) is $125,000 for Reconnecting McDowell - Save the Children, $375,000 for Save the Children programs in Cabell, Roane, Calhoun and Mason counties, and $75,000 for the Clay Center.

From the above appropriation for S.T.E.M. Education and Grant Program (fund 0294, appropriation 71900) $125,000 is for The Challenger Learning Center at Wheeling Jesuit University.

(WV Code Chapter 29)

Fund 0293 FY 2016 Org 0432

Personal Services and Employee Benefits 00100 $ 3,802,316

Unclassified (R) 09900 44,177

Current Expenses 13000 810,103

Repairs and Alterations 06400 1,000

Equipment 07000 1

Buildings (R) 25800 1

Other Assets 69000 1

Land (R) 73000 1

Culture and History Programming 73200 236,298

Capital Outlay and Maintenance (R) 75500 20,000

Historical Highway Marker Program 84400 58,722

BRIM Premium 91300 33,677

Total $ 5,006,297

Any unexpended balances remaining in the appropriations for Unclassified (fund 0293, appropriation 09900), Buildings (fund 0293, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0293, appropriation 58900), Capital Improvements - Surplus (fund 0293, appropriation 66100), Capital Outlay, Repairs and Equipment - Surplus (fund 0293, appropriation 67700), Land (fund 0293, appropriation 73000), and Capital Outlay and Maintenance (fund 0293, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The Current Expense appropriation includes funding for the arts funds, department programming funds, grants, fairs and festivals and Camp Washington Carver and shall be expended only upon authorization of the division of culture and history and in accordance with the provisions of Chapter 5A, Article 3, and Chapter 12 of the Code.

(WV Code Chapter 10)

Fund 0296 FY 2016 Org 0433

Personal Services and Employee Benefits 00100 $ 1,309,788

Current Expenses 13000 171,140

Repairs and Alterations 06400 6,500

Services to Blind & Handicapped 18100 161,559

BRIM Premium 91300 15,177

Total $ 1,664,164

(WV Code Chapter 10)

Fund 0300 FY 2016 Org 0439

Personal Services and Employee Benefits 00100 $ 4,261,859

Current Expenses 13000 170,545

Mountain Stage 24900 300,000

Capital Outlay and Maintenance (R) 75500 50,000

BRIM Premium 91300 41,929

Total $ 4,824,333

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 0300, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0300, appropriation 13000) $100,000 is for Healthy Choices Children Television Program in conjunction with WVSOM and up to $45,000 is for the WV Music Hall of Fame.

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2016 Org 0932

Personal Services and Employee Benefits 00100 $ 10,597,682

Independent Living Services 00900 500,000

Current Expenses 13000 545,202

Workshop Development 16300 2,116,149

Supported Employment Extended Services 20600 100,000

Ron Yost Personal Assistance Fund (R) 40700 388,698

Employment Attendant Care Program 59800 156,065

BRIM Premium 91300 67,033

Total $ 14,470,829

Any unexpended balance remaining in the appropriation for Ron Yost Personal Assistance Fund (fund 0310, appropriation 40700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Workshop Development (fund 0310, appropriation 16300), funds shall be used exclusively with the private nonprofit community rehabilitation program organizations known as work centers or sheltered workshops. The appropriation shall also be used to continue the support of the program, services, and individuals with disabilities currently in place at those organizations.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

(WV Code Chapter 20)

Fund 0270 FY 2016 Org 0311

Personal Services and Employee Benefits 00100 $ 72,050

Current Expenses 13000 30,691

Repairs and Alterations 06400 100

Equipment 07000 717

Other Assets 69000 600

BRIM Premium 91300 684

Total $ 104,842

(WV Code Chapter 22)

Fund 0273 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 4,161,396

Water Resources Protection and Management 06800 579,695

Current Expenses 13000 331,339

Repairs and Alterations 06400 13,150

Equipment 07000 7,400

Dam Safety 60700 212,499

West Virginia Stream Partners Program 63700 77,396

Meth Lab Cleanup 65600 206,203

Other Assets 69000 9,183

WV Contributions to River Commissions 77600 148,485

Office of Water Resources Non-Enforcement Activity 85500 923,123

BRIM Premium 91300 56,802

Total $ 6,726,671

A portion of the appropriations for Current Expenses (fund 0273, appropriation 13000) and Dam Safety (fund 0273, appropriation 60700) may be transferred to the special revenue fund Dam Safety Rehabilitation Revolving Fund (fund 3025) for the state deficient dams rehabilitation assistance program.

(WV Code Chapter 16)

Fund 0550 FY 2016 Org 0325

Personal Services and Employee Benefits 00100 $ 64,143

Current Expenses 13000 10,746

Repairs and Alterations 06400 50

Equipment 07000 579

Other Assets 69000 200

BRIM Premium 91300 2,013

Total $ 77,731

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2016 Org 0501

Personal Services and Employee Benefits 00100 $ 478,683

Unclassified 09900 8,386

Current Expenses 13000 48,461

Women's Commission (R) 19100 155,557

Commission for the Deaf and Hard of Hearing 70400 216,405

Total $ 907,492

Any unexpended balance remaining in the appropriation for the Women's Commission (fund 0400, appropriation 19100) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 12,097,139

Chief Medical Examiner 04500 5,476,995

Unclassified 09900 717,980

Current Expenses 13000 4,614,237

State Aid for Local and Basic Public Health Services 18400 16,648,328

Safe Drinking Water Program (R) 18700 2,165,274

Women, Infants and Children 21000 38,602

Early Intervention 22300 2,844,884

Cancer Registry 22500 197,761

CARDIAC Project 37500 427,500

State EMS Technical Assistance 37900 1,348,136

Statewide EMS Program Support (R) 38300 959,098

Primary Care Centers - Mortgage Finance 41300 114,501

Black Lung Clinics 46700 170,885

Center for End of Life 54500 420,198

Pediatric Dental Services 55000 51,888

Vaccine for Children 55100 333,311

Tuberculosis Control 55300 367,837

Maternal and Child Health Clinics, Clinicians

Medical Contracts and Fees (R) 57500 6,278,587

Epidemiology Support 62600 1,500,154

Primary Care Support 62800 6,000,000

Sexual Assault Intervention and Prevention 72300 125,000

Health Right Free Clinics 72700 3,000,000

Capital Outlay and Maintenance (R) 75500 100,000

Healthy Lifestyles 77800 146,282

Maternal Mortality Review 83400 46,895

Osteoporosis and Arthritis Prevention 84900 158,336

Diabetes Education and Prevention 87300 97,125

Tobacco Education Program (R) 90600 4,870,309

BRIM Premium 91300 211,214

State Trauma and Emergency Care System 91800 1,987,034

Total $ 73,515,490

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0407, appropriation 09700), Safe Drinking Water Program (fund 0407, appropriation 18700), Statewide EMS Program Support (fund 0407, appropriation 38300), Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500), Capital Outlay and Maintenance (fund 0407, appropriation 75500), Emergency Response Entities - Special Projects (fund 0407, appropriation 82200), Assistance to Primary Health Care Centers Community Health Foundation (fund 0407, appropriation 84500), and Tobacco Education Program (fund 0407, appropriation 90600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0407, appropriation 13000), an amount not less than $100,000 is for the West Virginia Cancer Coalition; $50,000 shall be expended for the West Virginia Aids Coalition; $100,000 is for Adolescent Immunization Education; $73,065 is for informal dispute resolution relating to nursing home administrative appeals; and $50,000 is for Hospital Hospitality House of Huntington.

From the above appropriation for Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500) $400,000 shall be transferred to the Breast and Cervical Cancer Diagnostic Treatment Fund (fund 5197) and $11,000 is for the Marshall County Health Department for dental services.

Included in the above appropriation for Primary Care Centers - Mortgage Finance (fund 0407, appropriation 41300) is $8,375 for the mortgage payment for the Lincoln Primary Care Center, Inc.; $7,130 for the mortgage payment for Roane County Family Health Care, Inc.; $8,040 for the mortgage payment for Community Care (formerly Primary Care Systems); $3,350 for the mortgage payment for the Belington Community Medical Services; $5,025 for the mortgage payment for Community Care (formerly Tri-County Health Clinic); $2,513 for the mortgage payment for Valley Health Care (Randolph); $4,449 for the mortgage payment for WomenCare (Family Care Health Center - Madison); $1,340 for the mortgage payment for Northern Greenbrier Health Clinic; $3,350 for the mortgage payment for the North Fork Clinic (Pendleton); $6,700 for the mortgage payment for the Pendleton Community Care; $6,433 for the mortgage payment for Clay-Battelle Community Health Center; $8,288 for the mortgage payment for Monongahela Valley Association of Health Centers, Inc. (Marion); $5,628 for the mortgage payment for Mountaineer Community Health Center; $2,178 for the mortgage payment for the St. George Medical Clinic; $4,691 for the mortgage payment for the Bluestone Health Center; $7,538 for the mortgage payment for Wheeling Health Right; $8,040 for the mortgage payment for the Minnie Hamilton Health Care Center, Inc.; $9,045 for the mortgage payment for the Shenandoah Valley Medical Systems, Inc.; $7,538 for the mortgage payment for the Change, Inc.; and $4,850 for the mortgage payment for the Wirt County Health Services Association.

(WV Code Chapter 16)

Fund 0525 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 1,567,388

Current Expenses 13000 12,463

Behavioral Health Program (R) 21900 69,725,365

Family Support Act 22100 251,226

Institutional Facilities Operations (R) 33500 110,414,656

Substance Abuse Continuum of Care (R) 35400 5,000,000

Capital Outlay and Maintenance (R) 75500 950,000

Renaissance Program 80400 165,996

BRIM Premium 91300 1,088,070

Total $ 189,175,164

Any unexpended balances remaining in the appropriations for Behavioral Health Program (fund 0525, appropriation 21900), Institutional Facilities Operations (fund 0525, appropriation 33500), Substance Abuse Continuum of Care (fund 0525, appropriation 35400), Capital Outlay (fund 0525, appropriation 51100), Behavioral Health Program - Surplus (fund 0525, appropriation 63100), Institutional Facilities Operations - Surplus (fund 0525, appropriation 63200), Substance Abuse Continuum of Care - Surplus (fund 0525, appropriation 72200), and Capital Outlay and Maintenance (fund 0525, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Behavioral Health Program (fund 0525, appropriation 21900) is $100,000 for the Healing Place of Huntington.

From the above appropriation for Institutional Facilities Operations, together with available funds from the division of health - hospital services revenue account (fund 5156, appropriation 33500), on July 1, 2015, the sum of $160,000 shall be transferred to the department of agriculture - land division - farm operating fund (1412) 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.

From the above appropriation for Substance Abuse Continuum of Care (fund 0525, appropriation 35400), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan.

Additional funds have been appropriated in fund 5156, fiscal year 2016, organization 0506, and fund 5124, fiscal year 2016, 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 appropriation to facilitate cost effective and cost saving services at the community level.

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2016 Org 0506

West Virginia Drinking Water Treatment

Revolving Fund - Transfer 68900 $ 647,500

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 16 of the Code.

(WV Code Chapter 5)

Fund 0416 FY 2016 Org 0510

Personal Services and Employee Benefits 00100 $ 910,221

Unclassified 09900 4,024

Current Expenses 13000 191,766

BRIM Premium 91300 9,311

Total $ 1,115,322

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 40,965,805

Unclassified 09900 5,688,944

Current Expenses 13000 10,074,541

Child Care Development 14400 11,224,912

Medical Services Contracts and Office of Managed Care 18300 1,835,469

Medical Services 18900 466,150,331

Social Services 19500 142,174,864

Family Preservation Program 19600 1,565,000

Family Resource Networks 27400 1,762,464

Domestic Violence Legal Services Fund 38400 400,000

James "Tiger" Morton Catastrophic Illness Fund 45500 101,144

I/DD Waiver 46600 88,753,483

Child Protective Services Case Workers 46800 21,398,895

OSCAR and RAPIDS 51500 5,102,872

Title XIX Waiver for Seniors 53300 13,593,620

WV Teaching Hospitals Tertiary/Safety Net 54700 6,356,000

Specialized Foster Care 56600 310,948

Child Welfare System 60300 1,251,312

In-Home Family Education 68800 1,000,000

WV Works Separate State Program 69800 3,250,000

Child Support Enforcement 70500 6,234,804

Medicaid Auditing 70600 606,373

Temporary Assistance for Needy Families/

Maintenance of Effort 70700 22,969,096

Child Care Maintenance of Effort Match 70800 5,693,743

Child and Family Services 73600 2,850,000

Grants for Licensed Domestic Violence

Programs and Statewide Prevention 75000 2,500,000

Capital Outlay and Maintenance (R) 75500 11,875

Community Based Services and Pilot Programs for Youth 75900 1,000,000

Medical Services Administrative Costs 78900 35,614,907

Traumatic Brain Injury Waiver 83500 800,000

Indigent Burials (R) 85100 2,050,000

Autism Spectrum Disorder Coverage 85600 497,035

CHIP Administrative Costs 85601 112,064

CHIP Services 85602 9,379,734

BRIM Premium 91300 834,187

Rural Hospitals Under 150 Beds 94000 2,596,000

Children's Trust Fund - Transfer 95100 300,000

Total $ 917,010,422

Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0403, appropriation 75500) and Indigent Burials (fund 0403, appropriation 85100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

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 appropriations: Provided, That no more than five percent of the funds appropriated to one appropriation may be transferred to other appropriations: Provided, however, That no funds from other appropriations shall be transferred to the personal services and employee benefits appropriation.

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.

Included in the above appropriation for Medical Services (fund 0403, appropriation 18900) is an additional $1,000,000 to be matched with federal dollars, the sum of which shall be applied toward the enhancement of reimbursement rates for nursing homes for services provided in accordance with the Medicaid State Plan.

Included in the above appropriation for Social Services (fund 0403, appropriation 19500) is funding for continuing education requirements relating to the practice of social work.

The above appropriation for Domestic Violence Legal Services Fund (fund 0403, appropriation 38400) shall be transferred to the Domestic Violence Legal Services Fund (fund 5455).

The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (fund 0403, appropriation 45500) shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by Article 5Q, Chapter 16 of the Code.

The above appropriation for WV Works Separate State Program (fund 0403, appropriation 69800), shall be transferred to the WV Works Separate State College Program Fund (fund 5467), and the WV Works Separate State Two-Parent Program Fund (fund 5468) as determined by the secretary of the department of health and human resources.

From the above appropriation for Child Support Enforcement (fund 0403, appropriation 70500) an amount not to exceed $300,000 may be transferred to a local banking depository to be utilized to offset funds determined to be uncollectible.

From the above appropriation for the Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), 50% of the total shall be divided equally and distributed among the fourteen (14) licensed programs and the West Virginia Coalition Against Domestic Violence (WVCADV). The balance remaining in the appropriation for Grants for Licensed Domestic Violence Programs and Statewide Prevention (fund 0403, appropriation 75000), shall be distributed according to the formula established by the Family Protection Services Board.

The above appropriation for Children's Trust Fund - Transfer (fund 0403, appropriation 95100) shall be transferred to the Children's Fund (fund 5469, org 0511).

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2016 Org 0601

Personal Services and Employee Benefits 00100 $ 706,626

Unclassified (R) 09900 20,000

Current Expenses 13000 111,450

Repairs and Alterations 06400 9,900

Equipment 07000 3,300

Fusion Center (R) 46900 534,544

Other Assets 69000 4,015

Directed Transfer 70000 32,000

BRIM Premium 91300 9,404

WV Fire and EMS Survivor Benefit (R) 93900 400,000

Homeland State Security Administrative Agency (R) 95300 533,036

Total $ 2,364,275

Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, appropriation 09900), Fusion Center (fund 0430, appropriation 46900), Substance Abuse Program - Surplus (fund 0430, appropriation 69600), Justice Reinvestment Training - Surplus (fund 0430, appropriation 69900), WV Fire and EMS Survivor Benefit (fund 0430, appropriation 93900), and Homeland State Security Administrative Agency (fund 0430, appropriation 95300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Directed Transfer (fund 0430, appropriation 70000) shall be transferred to the Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund (fund 6003).

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2016 Org 0603

Unclassified ( R) 09900 $ 14,993,758

College Education Fund 23200 0

Mountaineer Challenge Academy 70900 0

Armory Board Transfer 70015 0

Military Authority 74800 0

Total $ 14,993,758

Any unexpended balance remaining in the appropriation for Unclassified (fund 0433, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriations an amount approved by the adjutant general and the secretary of military affairs and public safety may be transferred to the State Armory Board for operation and maintenance of National Guard Armories.

From the above appropriation and other state and federal funding, the Adjutant General shall provide an amount not less than $4,500,000 to the Mountaineer ChalleNGe Academy to meet anticipated program demand.

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2016 Org 0603

Personal Services and Employee Benefits 00100 $ 100,000

Current Expenses 13000 71,125

Total $ 171,125

(WV Code Chapter 62)

Fund 0440 FY 2016 Org 0605

Personal Services and Employee Benefits 00100 $ 378,085

Current Expenses 13000 168,694

Salaries of Members of West Virginia Parole Board 22700 600,744

BRIM Premium 91300 4,712

Total $ 1,152,235

The above appropriation for Salaries of Members of West Virginia Parole Board (fund 0440, appropriation 22700) includes funding for salary, annual increment (as provided for in W.Va. Code 5-5-1), and related employee benefits of board members.

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2016 Org 0606

Personal Services and Employee Benefits 00100 $ 547,934

Unclassified 09900 28,157

Current Expenses 13000 144,611

Repairs and Alterations 06400 1,000

Radiological Emergency Preparedness 55400 27,752

Federal Funds/Grant Match (R) 74900 658,407

Mine and Industrial Accident Rapid

Response Call Center 78100 481,412

Early Warning Flood System (R) 87700 506,089

BRIM Premium 91300 18,811

WVU Charleston Poison Control Hotline 94400 757,804

Total $ 3,171,977

Any unexpended balances remaining in the appropriations for Federal Funds/Grant Match (fund 0443, appropriation 74900), Early Warning Flood System (fund 0443, appropriation 87700), and Disaster Mitigation (fund 0443, appropriation 95200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Central Office

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

Fund 0446 FY 2016 Org 0608

Personal Services and Employee Benefits 00100 $ 610,190

Current Expenses 13000 1,800

Total $ 611,990

Correctional Units

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

Fund 0450 FY 2016 Org 0608

Employee Benefits 01000 $ 1,258,136

Children's Protection Act (R) 09000 938,437

Unclassified (R) 09900 1,842,160

Current Expenses (R) 13000 31,000,000

Facilities Planning and Administration (R) 38600 1,116,627

Charleston Correctional Center 45600 3,134,387

Beckley Correctional Center 49000 1,814,873

Huntington Work Release Center 49500 1,139,619

Anthony Correctional Center 50400 5,001,443

Huttonsville Correctional Center 51400 21,042,042

Northern Correctional Center 53400 6,947,380

Inmate Medical Expenses (R) 53500 21,226,064

Pruntytown Correctional Center 54300 7,069,693

Corrections Academy 56900 1,447,934

Martinsburg Correctional Center 66300 3,437,882

Parole Services 68600 5,145,478

Special Services 68700 7,822,908

Information Technology Services 59901 100,000

Investigative Services 71600 3,445,962

Capital Outlay and Maintenance (R) 75500 2,000,000

Salem Correctional Center 77400 9,977,414

McDowell County Correctional Center 79000 1,949,983

Stevens Correctional Center 79100 6,474,500

Parkersburg Correctional Center 82800 2,431,887

St. Mary's Correctional Center 88100 12,665,613

Denmar Correctional Center 88200 4,384,334

Ohio County Correctional Center 88300 1,743,194

Mt. Olive Correctional Complex 88800 19,783,496

Lakin Correctional Center 89600 8,909,548

BRIM Premium 91300 829,190

Total $ 196,080,184

Any unexpended balances remaining in the appropriations for Children's Protection Act (fund 0450, appropriation 09000), Unclassified - Surplus (fund 0450, appropriation 09700), Current Expenses (fund 0450, appropriation 13000), Facilities Planning and Administration (fund 0450, appropriation 38600), Inmate Medical Expenses (fund 0450, appropriation 53500), Capital Improvements - Surplus (fund 0450, appropriation 66100), Capital Outlay, Repairs and Equipment - Surplus (fund 0450, appropriation 67700), Capital Outlay and Maintenance (fund 0450, appropriation 75500), and Operating Expenses - Surplus (fund 0450, appropriation 77900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016, with the exception of fund 0450, fiscal year 2015, appropriation 13000 ($8,000,000) and fund 0450, fiscal year 2015, appropriation 53500 ($3,000,000) which shall expire on June 30, 2015.

The commissioner of corrections shall have the authority to transfer between appropriations to the individual correctional units above and may transfer funds from the individual correctional units to Current Expenses (fund 0450, appropriation 13000) or Inmate Medical Expenses (fund 0450, appropriation 53500).

From the above appropriation to Unclassified, on July 1, 2015, the sum of $300,000 shall be transferred to the department of agriculture - land division - farm operating fund (1412) 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.

From the above appropriation to Current Expenses (fund 0450, appropriation 13000) payment shall be made to house Division of Corrections inmates in federal, county, and/or regional jails.

Any realized savings from the Energy Savings Contract for Mt. Olive Correctional Complex, Huttonsville Correction Center, Pruntytown Correctional Center, or Denmar Correctional Center may be transferred from the listed individual correctional units to Facilities Planning and Administration (fund 0450, appropriation 38600).

(WV Code Chapter 15)

Fund 0453 FY 2016 Org 0612

Personal Services and Employee Benefits 00100 $ 59,511,081

Children's Protection Act 09000 947,922

Current Expenses 13000 10,403,272

Repairs and Alterations 06400 450,523

Vehicle Purchase 45100 2,377,614

Barracks Lease Payments 55600 246,478

Communications and Other Equipment (R) 55800 1,268,968

Trooper Retirement Fund 60500 4,249,810

Handgun Administration Expense 74700 81,442

Capital Outlay and Maintenance (R) 75500 2,250,000

Retirement Systems - Unfunded Liability 77500 13,209,000

Automated Fingerprint Identification System 89800 724,554

BRIM Premium 91300 4,946,608

Total $ 100,667,272

Any unexpended balances remaining in the appropriations for Communications and Other Equipment (fund 0453, appropriation 55800), and Capital Outlay and Maintenance (fund 0453, appropriation 75500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Personal Services and Employee Benefits (fund 0453, appropriation 00100), an amount not less than $25,000 shall be expended to offset the costs associated with providing police services for the West Virginia State Fair.

(WV Code Chapter 29)

Fund 0436 FY 2016 Org 0619

Current Expenses 13000 $ 69,439

(WV Code Chapter 15)

Fund 0546 FY 2016 Org 0620

Personal Services and Employee Benefits 00100 $ 527,515

Current Expenses 13000 132,696

Repairs and Alterations 06400 1,804

Child Advocacy Centers (R) 45800 1,702,108

Community Corrections (R) 56100 7,419,704

Statistical Analysis Program 59700 46,499

Sexual Assault Forensic Examination Commission 71400 76,592

Qualitative Analysis and Training for Youth Services 76200 500,000

Law Enforcement Professional Standards 83800 156,577

BRIM Premium 91300 1,421

Total $ 10,564,916

Any unexpended balances remaining in the appropriations for Buildings (fund 0546, appropriation 25800), Child Advocacy Centers (fund 0546, appropriation 45800), and Community Corrections (fund 0546, appropriation 56100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Child Advocacy Centers (fund 0546, appropriation 45800), the division may retain an amount not to exceed four percent of the appropriation for administrative purposes.

(WV Code Chapter 49)

Fund 0570 FY 2016 Org 0621

Statewide Reporting Centers 26200 $ 5,428,893

Robert L. Shell Juvenile Center 26700 1,954,598

Central Office 70100 2,334,206

Capital Outlay and Maintenance (R) 75500 250,000

Gene Spadaro Juvenile Center 79300 2,132,797

BRIM Premium 91300 96,187

Kenneth Honey Rubenstein Juvenile Center (R) 98000 4,920,220

Vicki Douglas Juvenile Center 98100 1,872,622

Northern Regional Juvenile Center 98200 1,576,302

Lorrie Yeager Jr. Juvenile Center 98300 1,920,239

Sam Perdue Juvenile Center 98400 2,007,781

Tiger Morton Center 98500 2,116,477

Donald R. Kuhn Juvenile Center 98600 4,066,579

J.M. "Chick" Buckbee Juvenile Center 98700 2,018,118

Total $ 32,695,019

Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0570, appropriation 75500) and Kenneth Honey Rubenstein Juvenile Center (fund 0570, appropriation 98000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriations, on July 1, 2015, the sum of $50,000 shall be transferred to the department of agriculture - land division - farm operating fund (1412) 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 have the authority to transfer between appropriations to the individual juvenile centers above.

(WV Code Chapter 5F)

Fund 0585 FY 2016 Org 0622

Personal Services and Employee Benefits 00100 $ 2,027,387

Unclassified (R) 09900 21,991

Current Expenses 13000 109,232

Repairs and Alterations 06400 8,500

Equipment (R) 07000 75,000

Other Assets 69000 72,825

BRIM Premium 91300 9,969

Total $ 2,324,904

Any unexpended balances remaining in the appropriations for Equipment (fund 0585, appropriation 07000), and Unclassified (fund 0585, appropriation 09900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

DEPARTMENT OF REVENUE

(WV Code Chapter 11)

Fund 0465 FY 2016 Org 0701

Personal Services and Employee Benefits 00100 $ 529,025

Unclassified 09900 6,397

Current Expenses 13000 92,454

Repairs and Alterations 06400 1,262

Equipment 07000 8,000

Other Assets 69000 500

Total $ 637,638

Any unexpended balance remaining in the appropriation for Unclassified - Total (fund 0465, appropriation 09600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 11)

Fund 0470 FY 2016 Org 0702

Personal Services and Employee Benefits (R) 00100 $ 16,722,654

Unclassified (R) 09900 234,571

Current Expenses (R) 13000 6,275,442

Repairs and Alterations 06400 10,000

Equipment 07000 50,000

Multi State Tax Commission 65300 77,958

Other Assets 69000 10,000

BRIM Premium 91300 13,000

Total $ 23,393,625

Any unexpended balances remaining in the appropriations for Personal Services and Employee Benefits (fund 0470, appropriation 00100), Tax Technology Upgrade - Surplus (fund 0470, appropriation 45000), Unclassified (fund 0470, appropriation 09900), Current Expenses (fund 0470, appropriation 13000), and GIS Development Project (fund 0470, appropriation 56200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016, with the exception of fund 0470, fiscal year 2015, appropriation 00100 ($1,000,000) which shall expire on June 30, 2015.

(WV Code Chapter 11B)

Fund 0595 FY 2016 Org 0703

Personal Services and Employee Benefits 00100 $ 649,581

Unclassified (R) 09900 7,156

Current Expenses 13000 52,916

BRIM Premium 91300 3,348

Total $ 713,001

Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 11)

Fund 0593 FY 2016 Org 0709

Personal Services and Employee Benefits 00100 $ 426,857

Current Expenses (R) 13000 102,313

Unclassified 09900 5,397

Other Assets 69000 903

BRIM Premium 91300 2,618

Total $ 538,088

Any unexpended balance remaining in the appropriation for Current Expenses (fund 0593, appropriation 13000) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

State Athletic Commission

(WV Code Chapter 29)

Fund 0523 FY 2016 Org 0933

Personal Services and Employee Benefits 00100 $ 10,721

Current Expenses 13000 28,385

Total $ 39,106

DEPARTMENT OF TRANSPORTATION

(WV Code Chapter 29)

Fund 0506 FY 2016 Org 0804

Personal Services and Employee Benefits 00100 $ 314,606

Current Expenses 13000 330,469

Other Assets (R) 69000 1,360,760

BRIM Premium 91300 173,966

Total $ 2,179,801

Any unexpended balances remaining in the appropriations for Unclassified (fund 0506, appropriation 09900) and Other Assets (fund 0506, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 17)

Fund 0510 FY 2016 Org 0805

Equipment (R) 07000 $ 661,049

Current Expenses (R) 13000 1,744,949

Buildings (R) 25800 20,281

Other Assets (R) 69000 50,000

Total $ 2,476,279

Any unexpended balances remaining in the appropriations for Equipment (fund 0510, appropriation 07000), Current Expenses (fund 0510, appropriation 13000), Buildings (fund 0510, appropriation 25800) and Other Assets (fund 0510, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 17)

Fund 0581 FY 2016 Org 0806

Personal Services and Employee Benefits 00100 $ 218,492

Current Expenses 13000 73,539

Repairs and Alterations 06400 500

BRIM Premium 91300 2,500

Total $ 295,031

Any unexpended balance remaining in the appropriation for Unclassified (fund 0581, appropriation 09900) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 29)

Fund 0582 FY 2016 Org 0807

Personal Services and Employee Benefits 00100 $ 212,798

Current Expenses (R) 13000 807,704

Repairs and Alterations 06400 100

Civil Air Patrol 23400 155,095

BRIM Premium 91300 3,045

Total $ 1,178,742

Any unexpended balance remaining in the appropriations for Unclassified (fund 0582, appropriation 09900) and Current Expenses (fund 0582, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Current Expenses (fund 0582, appropriation 13000), the sum of $120,000 shall be distributed equally to each of the twelve local Civil Air Patrol Squadrons.

DEPARTMENT OF VETERANS' ASSISTANCE

(WV Code Chapter 9A)

Fund 0456 FY 2016 Org 0613

Personal Services and Employee Benefits 00100 $ 1,876,828

Unclassified 09900 200,000

Current Expenses 13000 325,507

Repairs and Alterations 06400 5,000

Veterans' Field Offices 22800 288,345

Veterans' Nursing Home (R) 28600 6,004,913

Veterans' Toll Free Assistance Line 32800 2,015

Veterans' Reeducation Assistance (R) 32900 39,502

Veterans' Grant Program (R) 34200 150,000

Veterans' Grave Markers 47300 10,254

Veterans' Transportation 48500 625,000

Veterans Outreach Programs 61700 188,277

Memorial Day Patriotic Exercise 69700 20,000

Veterans Cemetery 80800 583,263

BRIM Premium 91300 23,860

Total $ 10,342,764

Any unexpended balances remaining in the appropriations for Veterans' Nursing Home (fund 0456, appropriation 28600), Veterans' Reeducation Assistance (fund 0456, appropriation 32900), Veterans' Grant Program (fund 0456, appropriation 34200), Veterans' Bonus - Surplus (fund 0456, appropriation 34400), Veterans' Bonus (fund 0456, appropriation 48300), and Educational Opportunities for Children of Deceased Veterans (fund 0456, appropriation 85400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Veterans' Home

(WV Code Chapter 9A)

Fund 0460 FY 2016 Org 0618

Personal Services and Employee Benefits 00100 $ 1,088,530

Unclassified 09900 150,000

Current Expenses 13000 69,000

Total $ 1,307,530

BUREAU OF SENIOR SERVICES

(WV Code Chapter 29)

Fund 0420 FY 2016 Org 0508

Transfer to Division of Human Services for Health Care

and Title XIX Waiver for Senior Citizens 53900 $ 14,063,432

The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens (fund 0420, appropriation 53900) along with the federal moneys generated thereby shall be used for reimbursement for services provided under the program.

The above appropriation is in addition to funding provided in fund 5405 for this program.

WEST VIRGINIA COUNCIL FOR COMMUNITY

AND TECHNICAL COLLEGE EDUCATION

Community and Technical College Education -

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2016 Org 0420

West Virginia Council for Community

and Technical Education (R) 39200 $ 762,305

Transit Training Partnership 78300 70,217

Community College Workforce Development (R) 87800 806,048

College Transition Program 88700 292,718

West Virginia Advance Workforce Development (R) 89300 3,433,842

Technical Program Development (R) 89400 1,984,598

Total $ 7,349,728

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0596, appropriation 09700), West Virginia Council for Community and Technical Education (fund 0596, appropriation 39200), Capital Improvements - Surplus (fund 0596, appropriation 66100), Community College Workforce Development (fund 0596, appropriation 87800), West Virginia Advance Workforce Development (fund 0596, appropriation 89300), and Technical Program Development (fund 0596, appropriation 89400) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for the Community College Workforce Development (fund 0596, appropriation 87800), $200,000 shall be expended on the Mine Training Program in Southern West Virginia.

Included in the above appropriation for West Virginia Advance Workforce Development (fund 0596, appropriation 89300) is $200,000 to be used exclusively for advanced manufacturing and energy industry specific training programs.

(WV Code Chapter 18B)

Fund 0599 FY 2016 Org 0444

Mountwest Community and Technical College 48700 $ 5,687,484

(WV Code Chapter 18B)

Fund 0600 FY 2016 Org 0445

New River Community and Technical College 35800 $ 5,676,500

(WV Code Chapter 18B)

Fund 0597 FY 2016 Org 0446

Pierpont Community and Technical College 93000 $ 7,664,596



(WV Code Chapter 18B)

Fund 0601 FY 2016 Org 0447

Blue Ridge Community and Technical College 88500 $ 4,949,710

(WV Code Chapter 18B)

Fund 0351 FY 2016 Org 0464

West Virginia University - Parkersburg 47100 $ 10,094,237

(WV Code Chapter 18B)

Fund 0380 FY 2016 Org 0487

Southern West Virginia Community and Technical College 44600 $ 8,203,924

(WV Code Chapter 18B)

Fund 0383 FY 2016 Org 0489

West Virginia Northern Community and Technical College 44700 $ 7,099,616

(WV Code Chapter 18B)

Fund 0587 FY 2016 Org 0492

Eastern West Virginia Community and Technical College 41200 $ 1,887,174

(WV Code Chapter 18B)

Fund 0618 FY 2016 Org 0493

BridgeValley Community and Technical College 71700 $ 7,739,898

HIGHER EDUCATION POLICY COMMISSION

Administration -

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2016 Org 0441

Personal Services and Employee Benefits 00100 $ 2,517,148

Current Expenses 13000 172,806

Higher Education Grant Program 16400 39,019,864

Tuition Contract Program (R) 16500 1,249,464

Underwood-Smith Scholarship Program-Student Awards 16700 192,500

Facilities Planning and Administration (R) 38600 1,897,759

PROMISE Scholarship - Transfer 80000 18,500,000

HEAPS Grant Program (R) 86700 5,006,535

BRIM Premium 91300 16,362

Total $ 68,572,438

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0589, appropriation 09700), Tuition Contract Program (fund 0589, appropriation 16500), Facilities Planning and Administration (fund 0589, appropriation 38600), Capital Improvements - Surplus (fund 0589, appropriation 66100), Capital Outlay and Maintenance (fund 0589, appropriation 75500), HEAPS Grant Program (fund 0589, appropriation 86700), and Higher Education - Special Projects - Surplus (fund 0589, appropriation 94600) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Facilities Planning and Administration (fund 0589, appropriation 38600) is for operational expenses of the West Virginia Education, Research and Technology Park between construction and full occupancy.

The above appropriation for Higher Education Grant Program (fund 0589, appropriation 16400) shall be transferred to the Higher Education Grant Fund (fund 4933, org 0441) established by W.Va. Code 18C-5-3.

The above appropriation for Underwood-Smith Scholarship Program-Student Awards (fund 0589, appropriation 16700) shall be transferred to the Underwood-Smith Teacher Scholarship and Loan Assistance Fund (fund 4922, org 0441) established by W.Va. Code 18C-4-1.

The above appropriation for PROMISE Scholarship - Transfer (fund 0589, appropriation 80000) shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by W.Va. Code 18C-7-7.

Administration -

West Virginia Network for Educational Telecomputing (WVNET)

(WV Code Chapter 18B)

Fund 0551 FY 2016 Org 0495

WVNET 16900 $ 1,696,561

School of Medicine

Medical School Fund

(WV Code Chapter 18B)

Fund 0343 FY 2016 Org 0463

WVU School of Health Science - Eastern Division 05600 $ 2,303,985

WVU - School of Health Sciences 17400 16,711,414

WVU - School of Health Sciences - Charleston Division 17500 2,374,260

Rural Health Outreach Programs (R) 37700 175,720

West Virginia University School of Medicine

BRIM Subsidy 46000 1,209,668

Total $ 22,775,047

Any unexpended balance remaining in the appropriations for Rural Health Outreach Programs (fund 0343, appropriation 37700), and Educational Enhancements - Surplus (fund 0343, appropriation 92700) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the appropriation for WVU - School of Health Sciences (fund 0343, appropriation 17400) is $2,000,000 for the School of Public Health; Graduate Medical Education; programming or research for multiple sclerosis, alzheimers, and neurosciences (including the Blanchette Rockefeller Project); and $82,000 for the West Virginia University National Center of Excellence in Women's Health. Appropriations for WVU - School of Health Sciences (fund 0343, appropriation 17400) used for Graduate Medical Education 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 used to support graduate medical education, subject to the approval of the vice-chancellor for health sciences and the Secretary of the Department of Health and Human Resources. If approval is denied, funds bay be utilized by the respective institutions for expenditure on graduate medical education.

The above appropriation for Rural Health Outreach Programs (fund 0343, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0343, appropriation 46000) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the "Total Premium Billed" to the institution as part of the full cost of their malpractice insurance coverage.

General Administrative Fund

(WV Code Chapter 18B)

Fund 0344 FY 2016 Org 0463

West Virginia University 45900 $ 100,354,338

Jackson's Mill (R) 46100 307,713

West Virginia University Institute for Technology 47900 8,281,570

State Priorities - Brownfield Professional Development (R) 53100 348,287

West Virginia University - Potomac State 99400 4,037,218

Total $ 113,329,126

Any unexpended balances remaining in the appropriations for Jackson's Mill (fund 0344, appropriation 46100), and State Priorities - Brownfield Professional Development (fund 0344, appropriation 53100) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Included in the appropriation for West Virginia University (fund 0344, appropriation 45900) is $360,000 for the WVU Law School - Skills Program; $836,400 for the College of Engineering and Mineral Resources for the WVU Coal and Energy Research Bureau, the Mining Engineering Program, and the Petroleum Engineering Program; $416,600 for farms in the Davis College of Forestry, Agriculture and Consumer Sciences; $100,000 for the WVU Soil Testing Program; and $25,000 for the West Virginia University Extension Service cyber-bullying prevention program.

Included in the above appropriation for Jackson's Mill (fund 0344, appropriation 46100) is $121,500 for the Jackson's Mill Fire Academy.

School of Medicine

(WV Code Chapter 18B)

Fund 0347 FY 2016 Org 0471

Marshall Medical School 17300 $ 12,541,389

Rural Health Outreach Programs (R) 37700 174,600

Forensic Lab 37701 415,000

Center for Rural Health 37702 275,000

Marshall University Medical School BRIM Subsidy 44900 877,385

Total $ 14,283,374

Any unexpended balance remaining in the appropriation for Rural Health Outreach Program (fund 0347, appropriation 37700) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Rural Health Outreach Programs (fund 0347, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0347, appropriation 44900) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the "Total Premium Billed" to the institution as part of the full cost of their malpractice insurance coverage.

General Administration Fund

(WV Code Chapter 18B)

Fund 0348 FY 2016 Org 0471

Marshall University 44800 $ 47,262,017

Vista E-Learning (R) 51900 259,207

State Priorities - Brownfield Professional Development (R) 53100 348,287

Marshall University Graduate College Writing Project 80700 21,601

Luke Lee Listening Language and Learning Lab 44801 175,000

WV Autism Training Center (R) 93200 1,846,830

Total $ 49,912,942

Any unexpended balances remaining in the appropriations for Vista E-Learning (fund 0348, appropriation 51900), State Priorities - Brownfield Professional Development (fund 0348, appropriation 53100) and WV Autism Training Center (fund 0348, appropriation 93200) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 18B)

Fund 0336 FY 2016 Org 0476

West Virginia School of Osteopathic Medicine 17200 $ 7,458,334

Rural Health Outreach Programs (R) 37700 175,367

West Virginia School of Osteopathic Medicine

BRIM Subsidy 40300 150,751

Rural Health Initiative - Medical Schools Support 58100 418,652

Total $ 8,203,104

Any unexpended balance remaining in the appropriation for Rural Health Outreach Programs (fund 0336, appropriation 37700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Rural Health Outreach Programs (fund 0336, appropriation 37700) includes rural health activities and programs; rural residency development and education; and rural outreach activities.

The above appropriation for BRIM subsidy (fund 0336, appropriation 40300) shall be paid to the Board of Risk and Insurance Management as a general revenue subsidy against the "Total Premium Billed" to the institution as part of the full cost of their malpractice insurance coverage.

(WV Code Chapter 18B)

Fund 0354 FY 2016 Org 0482

Bluefield State College 40800 $ 5,823,680

(WV Code Chapter 18B)

Fund 0357 FY 2016 Org 0483

Concord University 41000 $ 8,933,744

(WV Code Chapter 18B)

Fund 0360 FY 2016 Org 0484

Fairmont State University 41400 $ 15,668,202

(WV Code Chapter 18B)

Fund 0363 FY 2016 Org 0485

Glenville State College 42800 $ 6,034,427

(WV Code Chapter 18B)

Fund 0366 FY 2016 Org 0486

Shepherd University 43200 $ 9,921,556

(WV Code Chapter 18B)

Fund 0370 FY 2016 Org 0488

West Liberty University 43900 $ 8,198,329

(WV Code Chapter 18B)

Fund 0373 FY 2016 Org 0490

West Virginia State University 44100 $ 10,733,691

West Virginia State University Land Grant Match 95600 1,649,709

Total $ 12,383,400

Total TITLE II, Section 1 -- General Revenue

(Including claims against the state) $ 4,305,776,000

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 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

DEPARTMENT OF TRANSPORTATION

115 - Division of Motor Vehicles

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

Fund 9007 FY 2016 Org 0802

State

Appro- Road

priation Fund

Personal Services and Employee Benefits 00100 $ 23,278,949

Current Expenses 13000 16,204,124

Repairs and Alterations 06400 144,000

Equipment 07000 1,080,000

Buildings 25800 10,000

Other Assets 69000 2,600,000

BRIM Premium 91300 61,656

Total $ 43,378,729

116 - Division of Highways

(WV Code Chapters 17 and 17C)

Fund 9017 FY 2016 Org 0803

Debt Service 04000 $ 37,000,000

Maintenance 23700 361,480,000

Maintenance, Contract Paving and

Secondary Road Maintenance 27200 48,500,000

Bridge Repair and Replacement 27300 20,000,000

Inventory Revolving 27500 4,000,000

Equipment Revolving 27600 15,000,000

General Operations 27700 52,285,000

Interstate Construction 27800 120,000,000

Other Federal Aid Programs 27900 371,856,000

Appalachian Programs 28000 90,000,000

Nonfederal Aid Construction 28100 15,000,000

Highway Litter Control 28200 1,740,000

Courtesy Patrol 28201 3,000,000

Total $ 1,139,861,000

The above appropriations are to be expended in accordance with the provisions of Chapters 17 and 17C 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 in addition to the above appropriations, sufficient money for the payment of claims, accrued or arising during this budgetary period, to be paid in accordance with Sections 17 and 18, Article 2, Chapter 14 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 by appropriation may be transferred to other appropriations upon recommendation of the commissioner and approval of the Governor.

(WV Code Chapter 17C)

Fund 9027 FY 2016 Org 0808

Personal Services and Employee Benefits 00100 $ 1,585,201

Current Expenses 13000 344,278

Repairs and Alterations 06400 5,000

Equipment 07000 7,500

BRIM Premium 91300 10,000

Total $ 1,951,979

Total TITLE II, Section 2 -- State Road Fund

(Including claims against the state) $ 1,185,922,141

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 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

LEGISLATIVE

118 - Crime Victims Compensation Fund

(WV Code Chapter 14)

Fund 1731 FY 2016 Org 2300

Appro- Other

priation Funds



Personal Services and Employee Benefits 00100 $ 498,020

Current Expenses 13000 133,903

Repairs and Alterations 06400 1,000

Economic Loss Claim Payment Fund 33400 3,460,125

Other Assets 69000 3,700

Total $ 4,096,748

JUDICIAL

119 - Supreme Court -

Family Court Fund

(WV Code Chapter 51)

Fund 1763 FY 2016 Org 2400

Current Expenses 13000 $ 1,200,000

EXECUTIVE

Minority Affairs Fund

(WV Code Chapter 5)

Fund 1058 FY 2016 Org 0100

Personal Services and Employee Benefits 00100 $ 172,800

Current Expenses 13000 512,126

Total $ 684,926

121 - Auditor's Office -

Land Operating Fund

(WV Code Chapters 11A, 12 and 36)

Fund 1206 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 642,647

Unclassified 09900 15,139

Current Expenses 13000 440,291

Repairs and Alterations 06400 2,600

Equipment 07000 426,741

Cost of Delinquent Land Sales 76800 1,341,168

Total $ 2,868,586

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the necessary amount for the expenditure of funds other than personal services and employee benefits to enable the division to pay the direct expenses relating to land sales as provided in Chapter 11A of the West Virginia Code.

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by law.

122 - Auditor's Office -

Local Government Purchasing Card Expenditure Fund

(WV Code Chapter 6)

Fund 1224 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 308,087

Current Expenses 13000 62,030

Repairs and Alterations 06400 6,000

Equipment 07000 10,805

Other Assets 69000 50,000

Statutory Revenue Distribution 74100 1,500,000

Total $ 1,936,922

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer of revenue distribution requirements to provide a proportionate share of rebates back to the general fund of local governments based on utilization of the program in accordance with W.Va. Code 6-9-2b.

123 - Auditor's Office -

Securities Regulation Fund

(WV Code Chapter 32)

Fund 1225 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 1,882,510

Unclassified 09900 31,866

Current Expenses 13000 838,830

Repairs and Alterations 06400 12,400

Equipment 07000 19,700

Other Assets 69000 673,326

Total $ 3,458,632

124 - Auditor's Office -

Technology Support and Acquisition Fund

(WV Code Chapter 12)

Fund 1233 FY 2016 Org 1200

Current Expenses 13000 $ 300,000

Other Assets 69000 100,000

Total $ 400,000

Fifty percent of the deposits made into this fund shall be transferred to the Treasurer's Office - Technology Support and Acquisition Fund (fund 1329, org 1300) for expenditure for the purposes described in W.Va. Code 12-3-10c.

125 - Auditor's Office -

Purchasing Card Administration Fund

(WV Code Chapter 12)

Fund 1234 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 2,499,307

Current Expenses 13000 1,578,622

Repairs and Alterations 06400 5,500

Equipment 07000 650,000

Other Assets 69000 308,886

Statutory Revenue Distribution 74100 4,000,000

Total $ 9,042,315

There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer and revenue distribution requirements to the Purchasing Improvement Fund (fund 2264), the Hatfield-McCoy Regional Recreation Authority, and the State Park Operating Fund (fund 3265) per W.Va. Code 12-3-10d.

126 - Auditor's Office -

Chief Inspector's Fund

(WV Code Chapter 6)

Fund 1235 FY 2016 Org 1200

Personal Services and Employee Benefits 00100 $ 3,405,512

Current Expenses 13000 765,915

Equipment 07000 50,000

Total $ 4,221,427

127 - Auditor's Office -

Volunteer Fire Department Workers'

Compensation Premium Subsidy Fund

(WV Code Chapters 12 and 33)

Fund 1239 FY 2016 Org 1200

Volunteer Fire Department

Workers' Compensation Subsidy 83200 $ 2,500,000

128 - Treasurer's Office -

College Prepaid Tuition and Savings Program

Administrative Account

(WV Code Chapter 18)

Fund 1301 FY 2016 Org 1300

Personal Services and Employee Benefits 00100 $ 769,227

Unclassified 09900 14,000

Current Expenses 13000 625,404

Total $ 1,408,631

129 - Treasurer's Office -

Technology Support and Acquisition Fund

(WV Code Chapter 12)

Fund 1329 FY 2016 Org 1300

Personal Services and Employee Benefits 00100 $ 183,074

Unclassified 09900 4,700

Current Expenses 13000 228,875

Other Assets 69000 60,000

Total $ 476,649

130 - Department of Agriculture -

Agriculture Fees Fund

(WV Code Chapter 19)

Fund 1401 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 2,244,245

Unclassified 09900 37,425

Current Expenses 13000 1,356,184

Repairs and Alterations 06400 58,500

Equipment 07000 36,209

Other Assets 69000 10,000

Total $ 3,742,563

131 - Department of Agriculture -

West Virginia Rural Rehabilitation Program

(WV Code Chapter 19)

Fund 1408 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 73,807

Unclassified 09900 10,476

Current Expenses 13000 963,404

Total $ 1,047,687

132 - Department of Agriculture -

General John McCausland Memorial Farm Fund

(WV Code Chapter 19)

Fund 1409 FY 2016 Org 1400

Unclassified 09900 $ 2,100

Current Expenses 13000 129,500

Repairs and Alterations 06400 47,400

Equipment 07000 31,000

Total $ 210,000

The above appropriations shall be expended in accordance with Article 26, Chapter 19 of the Code.

133 - Department of Agriculture -

Farm Operating Fund

(WV Code Chapter 19)

Fund 1412 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 309,248

Unclassified 09900 15,173

Current Expenses 13000 1,167,464

Repairs and Alterations 06400 238,722

Equipment 07000 249,393

Other Assets 69000 20,000

Total $ 2,000,000

134 - Department of Agriculture -

Donated Food Fund

(WV Code Chapter 19)

Fund 1446 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 958,864

Unclassified 09900 45,807

Current Expenses 13000 3,410,542

Repairs and Alterations 06400 128,500

Equipment 07000 10,000

Other Assets 69000 27,000

Total $ 4,580,713

135 - Department of Agriculture -

Integrated Predation Management Fund

(WV Code Chapter 7)

Fund 1465 FY 2016 Org 1400

Current Expenses 13000 $ 100,000

136 - Department of Agriculture -

West Virginia Spay Neuter Assistance Fund

(WV Code Chapter 19)

Fund 1481 FY 2016 Org 1400

Current Expenses 13000 $ 100

137 - Department of Agriculture -

Veterans and Warriors to Agriculture Fund

(WV Code Chapter 19)

Fund 1483 FY 2016 Org 1400

Current Expenses 13000 $ 7,500

138 - Attorney General -

Antitrust Enforcement Fund

(WV Code Chapter 47)

Fund 1507 FY 2016 Org 1500

Personal Services and Employee Benefits 00100 $ 356,900

Current Expenses 13000 142,803

Repairs and Alterations 06400 3,000

Equipment 07000 5,000

Total $ 507,703

139 - Attorney General -

Preneed Burial Contract Regulation Fund

(WV Code Chapter 47)

Fund 1513 FY 2016 Org 1500

Personal Services and Employee Benefits 00100 $ 210,226

Current Expenses 13000 48,615

Repairs and Alterations 06400 3,000

Equipment 07000 5,000

Total $ 266,841

140 - Attorney General -

Preneed Funeral Guarantee Fund

(WV Code Chapter 47)

Fund 1514 FY 2016 Org 1500

Current Expenses 13000 $ 901,135

141 - Secretary of State -

Service Fees and Collection Account

(WV Code Chapters 3, 5, and 59)

Fund 1612 FY 2016 Org 1600

Personal Services and Employee Benefits 00100 $ 791,051

Unclassified 09900 4,524

Current Expenses 13000 8,036

Total $ 803,611

142 - Secretary of State -

General Administrative Fees Account

(WV Code Chapters 3, 5 and 59)

Fund 1617 FY 2016 Org 1600

Personal Services and Employee Benefits 00100 $ 2,769,898

Unclassified 09900 25,529

Current Expenses 13000 796,716

Technology Improvements 59900 750,000

Total $ 4,342,143

DEPARTMENT OF ADMINISTRATION

143 - Department of Administration -

Office of the Secretary -

Tobacco Settlement Fund

(WV Code Chapter 4)

Fund 2041 FY 2016 Org 0201

Tobacco Settlement Securitization Trustee Pass Thru 65000 $ 80,000,000

Tobacco Settlement Fund - Transfer 90200 6,000

Total $ 80,006,000

The above appropriation for Tobacco Settlement Fund - Transfer (appropriation 90200) shall be transferred to the Division of Health (fund 5124, org 0506) for expenditure.

144 - Department of Administration -

Office of the Secretary

Employee Pension and Health Care Benefit Fund

(WV Code Chapter 18)

Fund 2044 FY 2016 Org 0201

Current Expenses 13000 $ 34,472,000

The above appropriation for Current Expenses (fund 2044, appropriation 13000) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (fund 2601).

145 - Division of Information Services and Communications

(WV Code Chapter 5A)

Fund 2220 FY 2016 Org 0210

Personal Services and Employee Benefits 00100 $ 23,378,322

Unclassified 09900 382,354

Current Expenses 13000 11,394,766

Repairs and Alterations 06400 1,000

Equipment 07000 2,034,000

Other Assets 69000 1,045,000

Total $ 38,235,442

The total amount of these appropriations shall be paid from a special revenue fund out of collections made by the division of information services and communications as provided by law.

Each spending unit operating from the general revenue fund, from special revenue funds or receiving reimbursement for postage from the federal government shall be charged monthly for all postage meter service and shall reimburse the revolving fund monthly for all such amounts.

Vendor Fee Fund

(WV Code Chapter 5A)

Fund 2263 FY 2016 Org 0213

Personal Services and Employee Benefits 00100 $ 655,208

Unclassified 09900 2,382

Current Expenses 13000 238,115

Repairs and Alterations 06400 5,000

Equipment 07000 2,500

Other Assets 69000 2,500

BRIM Premium 91300 810

Total $ 906,515

Purchasing Improvement Fund

(WV Code Chapter 5A)

Fund 2264 FY 2016 Org 0213

Personal Services and Employee Benefits 00100 $ 540,889

Unclassified 09900 5,562

Current Expenses 13000 393,066

Repairs and Alterations 06400 1,500,500

Equipment 07000 500

Other Assets 69000 500,500

BRIM Premium 91300 850

Total $ 2,941,867

148 - Travel Management

Fleet Management Office Fund

(WV Code Chapter 5A)

Fund 2301 FY 2016 Org 0215

Personal Services and Employee Benefits 00100 $ 722,586

Unclassified 09900 4,000

Current Expenses 13000 8,130,614

Repairs and Alterations 06400 12,000

Equipment 07000 800,000

Other Assets 69000 2,000

Total $ 9,671,200

149 - Travel Management

Aviation Fund

(WV Code Chapter 5A)

Fund 2302 FY 2016 Org 0215

Unclassified 09900 $ 1,000

Current Expenses 13000 149,700

Repairs and Alterations 06400 400,237

Equipment 07000 1,000

Buildings 25800 100

Other Assets 69000 100

Land 73000 100

Total $ 552,237

150 - Division of Personnel

(WV Code Chapter 29)

Fund 2440 FY 2016 Org 0222

Personal Services and Employee Benefits 00100 $ 3,942,590

Unclassified 09900 51,418

Current Expenses 13000 1,062,813

Repairs and Alterations 06400 5,000

Equipment 07000 20,000

Other Assets 69000 60,000

Total $ 5,141,821

The total amount of these appropriations shall be paid from a special revenue fund out of fees collected by the division of personnel.

151 - West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 2521 FY 2016 Org 0228

Personal Services and Employee Benefits 00100 $ 249,242

Unclassified 09900 5,523

Current Expenses 13000 294,528

Repairs and Alterations 06400 600

Equipment 07000 1,500

Other Assets 69000 1,000

Total $ 552,393

152 - Office of Technology -

Chief Technology Officer Administration Fund

(WV Code Chapter 5A)

Fund 2531 FY 2016 Org 0231

Personal Services and Employee Benefits 00100 $ 399,911

Unclassified 09900 6,949

Current Expenses 13000 227,116

Repairs and Alterations 06400 1,000

Equipment 07000 50,000

Other Assets 69000 10,000

Total $ 694,976

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

DEPARTMENT OF COMMERCE

153 - Division of Forestry

(WV Code Chapter 19)

Fund 3081 FY 2016 Org 0305

Personal Services and Employee Benefits 00100 $ 1,264,328

Current Expenses 13000 282,202

Repairs and Alterations 06400 53,000

Total $ 1,599,530

154 - Division of Forestry -

Timbering Operations Enforcement Fund

(WV Code Chapter 19)

Fund 3082 FY 2016 Org 0305

Personal Services and Employee Benefits 00100 $ 224,433

Current Expenses 13000 87,036

Repairs and Alterations 06400 11,250

Total $ 322,719

155 - Geological and Economic Survey -

Geological and Analytical Services Fund

(WV Code Chapter 29)

Fund 3100 FY 2016 Org 0306

Personal Services and Employee Benefits 00100 $ 37,966

Unclassified 09900 2,182

Current Expenses 13000 141,631

Repairs and Alterations 06400 6,500

Equipment 07000 20,000

Other Assets 69000 10,000

Total $ 218,279

The above appropriations shall be used in accordance with W.Va. Code 29-2-4.

156 - West Virginia Development Office -

Department of Commerce

Marketing and Communications Operating Fund

(WV Code Chapter 5B)

Fund 3002 FY 2016 Org 0307

Personal Services and Employee Benefits 00100 $ 1,528,219

Unclassified 09900 30,000

Current Expenses 13000 1,482,760

Total $ 3,040,979

157 - West Virginia Development Office -

Broadband Deployment Fund

(WV Code Chapter 31)

Fund 3174 FY 2016 Org 0307

Current Expenses 13000 $ 2,840,000

158 - Division of Labor -

Contractor Licensing Board Fund

(WV Code Chapter 21)

Fund 3187 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 1,519,374

Unclassified 09900 21,589

Current Expenses 13000 597,995

Repairs and Alterations 06400 15,000

Buildings 25800 5,000

Total $ 2,158,958

159 - Division of Labor -

Elevator Safety Fund

(WV Code Chapter 21)

Fund 3188 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 176,772

Unclassified 09900 2,261

Current Expenses 13000 44,112

Repairs and Alterations 06400 2,000

Buildings 25800 1,000

Total $ 226,145

160 - Division of Labor -

Crane Operator Certification Fund

(WV Code Chapter 21)

Fund 3191 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 84,380

Unclassified 09900 1,380

Current Expenses 13000 49,765

Repairs and Alterations 06400 1,500

Buildings 25800 1,000

Total $ 138,025

161 - Division of Labor -

Amusement Rides and Amusement Attraction Safety Fund

(WV Code Chapter 21)

Fund 3192 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 79,316

Unclassified 09900 1,281

Current Expenses 13000 44,520

Repairs and Alterations 06400 2,000

Buildings 25800 1,000

Total $ 128,117

162 - Division of Labor -

State Manufactured Housing Administration Fund

(WV Code Chapter 21)

Fund 3195 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 133,768

Unclassified 09900 1,847

Current Expenses 13000 43,700

Repairs and Alterations 06400 1,000

Buildings 25800 1,000

BRIM Premium 91300 3,404

Total $ 184,719

163 - Division of Labor -

Weights and Measures Fund

(WV Code Chapter 47)

Fund 3196 FY 2016 Org 0308

Current Expenses 13000 $ 48,000

Repairs and Alterations 06400 81,000

Equipment 07000 76,000

Total $ 205,000

164 - Division of Natural Resources -

License Fund - Wildlife Resources

(WV Code Chapter 20)

Fund 3200 FY 2016 Org 0310

Wildlife Resources 02300 $ 5,551,895

Administration 15500 1,387,974

Capital Improvements and Land Purchase (R) 24800 1,387,973

Law Enforcement 80600 5,551,895

Total $ 13,879,737

The total amount of these appropriations 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, appropriation 24800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

165 - Division of Natural Resources -

Natural Resources Game Fish and Aquatic Life Fund

(WV Code Chapter 22)

Fund 3202 FY 2016 Org 0310

Current Expenses 13000 $ 125,000

166 - Division of Natural Resources -

Nongame Fund

(WV Code Chapter 20)

Fund 3203 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 678,109

Current Expenses 13000 201,930

Equipment 07000 106,615

Total $ 986,654

167 - Division of Natural Resources -

Planning and Development Division

(WV Code Chapter 20)

Fund 3205 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 189,520

Current Expenses 13000 157,864

Repairs and Alterations 06400 15,016

Equipment 07000 8,300

Buildings 25800 8,300

Other Assets 69000 1,000,000

Land 73000 31,700

Total $ 1,410,700

168 - Division of Natural Resources -

Whitewater Study and Improvement Fund

(WV Code Chapter 20)

Fund 3253 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 62,704

Current Expenses 13000 64,778

Equipment 07000 1,297

Buildings 25800 6,969

Total $ 135,748

169 - Division of Natural Resources -

Whitewater Advertising and Promotion Fund

(WV Code Chapter 20)

Fund 3256 FY 2016 Org 0310

Unclassified 09900 $ 200

Current Expenses 13000 19,800

Total $ 20,000

Special Health, Safety and Training Fund

(WV Code Chapter 22A)

Fund 3355 FY 2016 Org 0314

Personal Services and Employee Benefits 00100 $ 471,606

WV Mining Extension Service 02600 150,000

Unclassified 09900 40,985

Current Expenses 13000 1,954,557

Buildings 25800 481,358

Land 73000 1,000,000

Total $ 4,098,506

171 - Division of Energy -

Energy Assistance

(WV Code Chapter 5B)

Fund 3010 FY 2016 Org 0328

Energy Assistance - Total 64700 $ 172,000

172 - Division of Energy -

Office of Coal Field Community Development

(WV Code Chapter 5B)

Fund 3011 FY 2016 Org 0328

Personal Services and Employee Benefits 00100 $ 430,724

Unclassified 09900 8,300

Current Expenses 13000 394,191

Repairs and Alterations 06400 1,000

Equipment 07000 4,000

Total $ 838,215

DEPARTMENT OF EDUCATION

173 - State Board of Education -

Strategic Staff Development

(WV Code Chapter 18)

Fund 3937 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 134,000

Unclassified 09900 1,000

Current Expenses 13000 265,000

Total $ 400,000

174 - State Board of Education -

School Construction Fund

(WV Code Chapters 18 and 18A)

Fund 3951 FY 2016 Org 0402

SBA Construction Grants 24000 $ 37,217,000

175 - School Building Authority

(WV Code Chapter 18)

Fund 3959 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 1,086,552

Current Expenses 13000 249,750

Repairs and Alterations 06400 7,500

Equipment 07000 26,000

Total $ 1,369,802

The above appropriations are for the administrative expenses of the school building authority and shall be paid from the interest earnings on debt service reserve accounts maintained on behalf of said authority.

176 - State Board of Education -

State FFA-FHA Camp and Conference Center

(WV Code Chapters 18 and 18A)

Fund 3960 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 1,169,194

Unclassified 09900 17,000

Current Expenses 13000 707,223

Repairs and Alterations 06400 57,500

Equipment 07000 1,000

Buildings 25800 1,000

Other Assets 69000 10,000

Land 73000 1,000

Total $ 1,963,917

DEPARTMENT OF EDUCATION AND THE ARTS

177 - Office of the Secretary -

Lottery Education Fund Interest Earnings -

Control Account

(WV Code Chapter 29)

Fund 3508 FY 2016 Org 0431

Any unexpended balance remaining in the appropriation for Educational Enhancements (fund 3508, appropriation 69500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

178 - Division of Culture and History -

Public Records and Preservation Revenue Account

(WV Code Chapter 5A)

Fund 3542 FY 2016 Org 0432

Personal Services and Employee Benefits 00100 $ 211,418

Current Expenses 13000 862,241

Equipment 07000 75,000

Buildings 25800 1,000

Other Assets 69000 52,328

Land 73000 1,000

Total $ 1,202,987

179 - State Board of Rehabilitation -

Division of Rehabilitation Services -

West Virginia Rehabilitation Center Special Account

(WV Code Chapter 18)

Fund 8664 FY 2016 Org 0932

Personal Services and Employee Benefits 00100 $ 119,738

Current Expenses 13000 2,180,122

Equipment 00700 220,000

Repairs and Alterations 06400 85,500

Buildings 25800 150,000

Other Assets 69000 150,000

Total $ 2,905,360

DEPARTMENT OF ENVIRONMENTAL PROTECTION

180 - Solid Waste Management Board

(WV Code Chapter 22C)

Fund 3288 FY 2016 Org 0312

Personal Services and Employee Benefits 00100 $ 804,189

Current Expenses 13000 2,059,077

Repairs and Alterations 06400 1,000

Equipment 07000 5,000

Other Assets 69000 4,403

Total $ 2,873,669

181 - Division of Environmental Protection -

Protect Our Water Fund

(WV Code Chapter 22)

Fund 3017 FY 2016 Org 0313

Current Expenses 13000 $ 200,000

182 - Division of Environmental Protection -

Hazardous Waste Management Fund

(WV Code Chapter 22)

Fund 3023 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 701,197

Current Expenses 13000 187,733

Repairs and Alterations 06400 500

Equipment 07000 4,000

Other Assets 69000 2,000

Total $ 895,430

183 - Division of Environmental Protection -

Air Pollution Education and Environment Fund

(WV Code Chapter 22)

Fund 3024 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 935,324

Current Expenses 13000 1,251,510

Repairs and Alterations 06400 13,000

Equipment 07000 53,105

Other Assets 69000 10,000

Total $ 2,262,939

184 - Division of Environmental Protection -

Special Reclamation Fund

(WV Code Chapter 22)

Fund 3321 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 1,350,829

Current Expenses 13000 16,402,506

Repairs and Alterations 06400 79,950

Equipment 07000 130,192

Other Assets 69000 32,000

Total $ 17,995,477

185 - Division of Environmental Protection -

Oil and Gas Reclamation Fund

(WV Code Chapter 22)

Fund 3322 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 163,594

Current Expenses 13000 512,329

Total $ 675,923

186 - Division of Environmental Protection -

Oil and Gas Operating Permit and Processing Fund

(WV Code Chapter 22)

Fund 3323 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 2,899,788

Current Expenses 13000 1,414,609

Repairs and Alterations 06400 15,600

Equipment 07000 8,000

Other Assets 69000 15,000

Total $ 4,352,997

187 - Division of Environmental Protection -

Mining and Reclamation Operations Fund

(WV Code Chapter 22)

Fund 3324 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 4,635,449

Current Expenses 13000 2,407,012

Repairs and Alterations 06400 60,260

Equipment 07000 85,134

Other Assets 69000 57,500

Total $ 7,245,355

188 - Division of Environmental Protection -

Underground Storage Tank

Administrative Fund

(WV Code Chapter 22)

Fund 3325 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 441,543

Current Expenses 13000 350,940

Repairs and Alterations 06400 5,350

Equipment 07000 3,610

Other Assets 69000 3,500

Total $ 804,943

189 - Division of Environmental Protection -

Hazardous Waste Emergency Response Fund

(WV Code Chapter 22)

Fund 3331 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 643,319

Current Expenses 13000 433,002

Repairs and Alterations 06400 7,014

Equipment 07000 9,000

Other Assets 69000 11,700

Total $ 1,104,035

190 - Division of Environmental Protection -

Solid Waste Reclamation and

Environmental Response Fund

(WV Code Chapter 22)

Fund 3332 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 779,261

Current Expenses 13000 3,657,693

Repairs and Alterations 06400 10,150

Equipment 07000 31,500

Other Assets 69000 1,000

Total $ 4,479,604

191 - Division of Environmental Protection -

Solid Waste Enforcement Fund

(WV Code Chapter 22)

Fund 3333 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 2,913,948

Current Expenses 13000 1,178,850

Repairs and Alterations 06400 31,930

Equipment 07000 28,356

Other Assets 69000 25,554

Total $ 4,178,638

192 - Division of Environmental Protection -

Air Pollution Control Fund

(WV Code Chapter 22)

Fund 3336 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 5,658,302

Current Expenses 13000 1,560,534

Repairs and Alterations 06400 74,045

Equipment 07000 106,927

Other Assets 69000 44,249

Total $ 7,444,057

193 - Division of Environmental Protection -

Environmental Laboratory

Certification Fund

(WV Code Chapter 22)

Fund 3340 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 296,164

Current Expenses 13000 94,688

Repairs and Alterations 06400 1,000

Equipment 07000 6,500

Other Assets 69000 126,000

Total $ 524,352

194 - Division of Environmental Protection -

Stream Restoration Fund

(WV Code Chapter 22)

Fund 3349 FY 2016 Org 0313

Current Expenses 13000 $ 11,294,705

Repairs and Alterations 06400 2,500

Equipment 07000 500

Other Assets 69000 500

Total $ 11,298,205

195 - Division of Environmental Protection -

Litter Control Fund

(WV Code Chapter 22)

Fund 3486 FY 2016 Org 0313

Current Expenses 13000 $ 60,000

196 - Division of Environmental Protection -

Recycling Assistance Fund

(WV Code Chapter 22)

Fund 3487 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 544,553

Current Expenses 13000 2,237,354

Repairs and Alterations 06400 800

Equipment 07000 500

Other Assets 69000 2,500

Total $ 2,785,707

197 - Division of Environmental Protection -

Mountaintop Removal Fund

(WV Code Chapter 22)

Fund 3490 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 1,228,345

Current Expenses 13000 649,909

Repairs and Alterations 06400 20,112

Equipment 07000 23,725

Other Assets 69000 15,500

Total $ 1,937,591

198 - Oil and Gas Conservation Commission -

Special Oil and Gas Conservation Fund

(WV Code Chapter 22C)

Fund 3371 FY 2016 Org 0315

Personal Services and Employee Benefits 00100 $ 157,224

Current Expenses 13000 161,225

Repairs and Alterations 06400 1,000

Equipment 07000 9,481

Other Assets 69000 1,500

Total $ 330,430

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

199 - Division of Health -

Tobacco Settlement Expenditure Fund

(WV Code Chapter 4)

Fund 5124 FY 2016 Org 0506

Institutional Facilities Operations 33500 $ 6,000

Additional funds have been appropriated in fund 0525, fiscal year 2016, organization 0506, and fund 5156, fiscal year 2016, 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 appropriation for Institutional Facilities Operations to facilitate cost effective and cost saving services at the community level.

200 - Division of Health -

The Vital Statistics Account

(WV Code Chapter 16)

Fund 5144 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 876,771

Unclassified. 09900 15,500

Current Expenses 13000 785,954

Equipment 07000 30,000

Other Assets 69000 441,834

Total $ 2,150,059

201 - Division of Health -

Hospital Services Revenue Account

Special Fund

Capital Improvement, Renovation and Operations

(WV Code Chapter 16)

Fund 5156 FY 2016 Org 0506

Institutional Facilities Operations 33500 $ 56,708,911

Medical Services Trust Fund - Transfer 51200 27,800,000

Total $ 84,508,911

The total amount of these appropriations shall be paid from the hospital services revenue account special fund created by W.Va. Code 16-1-13, and shall be used for operating expenses and for improvements in connection with existing facilities.

Additional funds have been appropriated in fund 0525, fiscal year 2016, organization 0506 and fund 5124, fiscal year 2016, 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 appropriation for Institutional Facilities Operations 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 fund or in connection with the appropriation designated Institutional Facilities Operations in the consolidated medical service fund (fund 0525, organization 0506).

From the above appropriation to Institutional Facilities Operations, together with available funds from the consolidated medical services fund (fund 0525, appropriation 33500) on July 1, 2015, the sum of $160,000 shall be transferred to the department of agriculture - land division - farm operation fund (1412) 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.

202 - Division of Health -

Laboratory Services Fund

(WV Code Chapter 16)

Fund 5163 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 912,657

Unclassified 09900 18,114

Current Expenses 13000 850,133

Equipment 07000 30,583

Total $ 1,811,487

203 - Division of Health -

The Health Facility Licensing Account

(WV Code Chapter 16)

Fund 5172 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 605,950

Unclassified 09900 7,113

Current Expenses 13000 98,247

Total $ 711,310

204 - Division of Health -

Hepatitis B Vaccine

(WV Code Chapter 16)

Fund 5183 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 88,582

Unclassified. 09900 18,477

Current Expenses 13000 1,740,699

Total $ 1,847,758

205 - Division of Health -

Lead Abatement Account

(WV Code Chapter 16)

Fund 5204 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 19,100

Unclassified 09900 373

Current Expenses 13000 17,875

Total $ 37,348

206 - Division of Health -

West Virginia Birth-to-Three Fund

(WV Code Chapter 16)

Fund 5214 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 707,545

Unclassified 09900 223,999

Current Expenses 13000 21,468,438

Total $ 22,399,982

207 - Division of Health -

Tobacco Control Special Fund

(WV Code Chapter 16)

Fund 5218 FY 2016 Org 0506

Current Expenses 13000 $ 7,579

208 - West Virginia Health Care Authority -

Health Care Cost Review Fund

(WV Code Chapter 16)

Fund 5375 FY 2016 Org 0507

Personal Services and Employee Benefits 00100 $ 3,033,821

Hospital Assistance 02500 600,000

Unclassified 09900 67,000

Current Expenses 13000 2,837,945

Repairs and Alterations 06400 25,000

Equipment 07000 50,000

Buildings 25800 25,000

Other Assets 69000 100,000

Total $ 6,738,766

The above appropriation is to be expended in accordance with and pursuant to the provisions of W.Va. Code 16-29B and from the special revolving fund designated health care cost review fund.

The Health Care Authority is authorized to transfer up to $1,500,000 from fund 5375 to the West Virginia Health Information Network Account (fund 5380) as authorized per W.Va. Code 16-29G-4.

209 - West Virginia Health Care Authority -

West Virginia Health Information Network Account

(WV Code Chapter 16)

Fund 5380 FY 2016 Org 0507

Personal Services and Employee Benefits 00100 $ 729,000

Unclassified 09900 20,000

Current Expenses 13000 1,251,000

Technology Infrastructure Network 35100 3,500,000

Total $ 5,500,000

210 - West Virginia Health Care Authority -

Revolving Loan Fund

(WV Code Chapter 16)

Fund 5382 FY 2016 Org 0507

Current Expenses 13000 $ 2,000,000

211 - Division of Human Services -

Health Care Provider Tax -

Medicaid State Share Fund

(WV Code Chapter 11)

Fund 5090 FY 2016 Org 0511

Medical Services 18900 $ 198,381,008

Medical Services Administrative Costs 78900 418,992

Total $ 198,800,000

The above appropriation for Medical Services Administrative Costs (fund 5090, appropriation 78900) shall be transferred to a special revenue account in the treasury for use by the department of health and human resources for administrative purposes. The remainder of all moneys deposited in the fund shall be transferred to the West Virginia medical services fund (fund 5084).

212 - Division of Human Services -

Child Support Enforcement Fund

(WV Code Chapter 48A)

Fund 5094 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 24,809,509

Unclassified (R) 09900 380,000

Current Expenses (R) 13000 12,810,491

Total $ 38,000,000

Any unexpended balances remaining in the appropriations for Unclassified (fund 5094, appropriation 09900) and Current Expenses (fund 5094, appropriation 13000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

213 - Division of Human Services -

Medical Services Trust Fund

(WV Code Chapter 9)

Fund 5185 FY 2016 Org 0511

Medical Services 18900 $ 55,858,205

Medical Services Administrative Costs 78900 548,723

Total $ 56,406,928

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

214 - Division of Human Services -

James "Tiger" Morton Catastrophic Illness Fund

(WV Code Chapter 16)

Fund 5454 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 89,392

Unclassified 09900 16,031

Current Expenses 13000 1,497,688

Total $ 1,603,111

215 - Division of Human Services -

Domestic Violence Legal Services Fund

(WV Code Chapter 48)

Fund 5455 FY 2016 Org 0511

Current Expenses 13000 $ 1,077,982

216 - Division of Human Services -

West Virginia Works Separate State College Program Fund

(WV Code Chapter 9)

Fund 5467 FY 2016 Org 0511

Current Expenses 13000 $ 1,065,000

217 - Division of Human Services -

West Virginia Works Separate State Two-Parent Program Fund

(WV Code Chapter 9)

Fund 5468 FY 2016 Org 0511

Current Expenses 13000 $ 3,250,000

218 - Division of Human Services -

Marriage Education Fund

(WV Code Chapter 9)

Fund 5490 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 10,000

Current Expenses 13000 25,000

Total $ 35,000

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

219 - 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 2016 Org 0601

Current Expenses 13000 $ 32,000

220 - State Armory Board -

General Armory Fund

(WV Code Chapter 15)

Fund 6057 FY 2016 Org 0603

Personal Services and Employee Benefits 00100 $ 1,643,528

Current Expenses 13000 750,000

Repairs and Alterations 06400 485,652

Equipment 07000 300,000

Buildings 25800 770,820

Land 73000 50,000

Total $ 4,000,000

From the above appropriations, the Adjutant General may receive and expend funds to conduct operations and activities to include functions of the Military Authority. The Adjutant General may transfer funds between appropriations, except no funds may be transferred to Personal Services and Employee Benefits (fund 6057, appropriation 00100).

221 - Division of Homeland Security and

Emergency Management -

West Virginia Interoperable Radio Project

(WV Code Chapter 24)

Fund 6295 FY 2016 Org 0606

Current Expenses 13000 $ 2,000,000

Any unexpended balance remaining in the appropriation for Unclassified - Total (fund 6295, appropriation 09600) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

222 - West Virginia Division of Corrections -

Parolee Supervision Fees

(WV Code Chapter 62)

Fund 6362 FY 2016 Org 0608

Personal Services and Employee Benefits 00100 $ 1,013,793

Unclassified 09900 9,804

Current Expenses 13000 758,480

Equipment 07000 30,000

Other Assets 69000 40,129

Total $ 1,852,206

223 - West Virginia State Police -

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)

Fund 6501 FY 2016 Org 0612

Personal Services and Employee Benefits 00100 $ 1,786,923

Current Expenses 13000 288,211

Repairs and Alterations 06400 4,500

Equipment 07000 350,000

Buildings 25800 534,000

Other Assets 69000 5,000

BRIM Premium 91300 302,432

Total $ 3,271,066

The total amount of these appropriations shall be paid from the special revenue fund out of fees collected for inspection stickers as provided by law. Per W.Va. 17C-16-5(a) any balance remaining in the fund on the last day of June of each fiscal year, not required for the administration and enforcement of the provisions of this article, shall be transferred to the state road fund.

224 - West Virginia State Police -

Drunk Driving Prevention Fund

(WV Code Chapter 15)

Fund 6513 FY 2016 Org 0612

Current Expenses 13000 $ 1,327,000

Equipment 07000 3,491,895

BRIM Premium 91300 154,452

Total $ 4,973,347

The total amount of these appropriations shall be paid from the special revenue fund out of receipts collected pursuant to W.Va. Code 11-15-9a and 16 and paid into a revolving fund account in the state treasury.

225 - West Virginia State Police -

Surplus Real Property Proceeds Fund

(WV Code Chapter 15)

Fund 6516 FY 2016 Org 0612

Buildings 25800 $ 443,980

Land 73000 1,000

BRIM Premium 91300 77,222

Total $ 522,202

226 - West Virginia State Police -

Surplus Transfer Account

(WV Code Chapter 15)

Fund 6519 FY 2016 Org 0612

Current Expenses 13000 $ 114,063

Repairs and Alterations 06400 10,000

Equipment 07000 157,002

Buildings 25800 40,000

Other Assets 69000 45,000

Total $ 366,065

227 - West Virginia State Police -

Central Abuse Registry Fund

(WV Code Chapter 15)

Fund 6527 FY 2016 Org 0612

Personal Services and Employee Benefits 00100 $ 236,881

Current Expenses 13000 51,443

Repairs and Alterations 06400 500

Equipment 07000 200,500

Other Assets 69000 500

BRIM Premium 91300 18,524

Total $ 508,348

228 - West Virginia State Police -

Bail Bond Enforcer Account

(WV Code Chapter 15)

Fund 6532 FY 2016 Org 0612

Current Expenses 13000 $ 8,300

229 - West Virginia State Police -

State Police Academy Post Exchange

(WV Code Chapter 15)

Fund 6544 FY 2016 Org 0612

Current Expenses 13000 $ 160,000

Repairs and Alterations 06400 40,000

Total $ 200,000

230 - Regional Jail and Correctional Facility Authority

(WV Code Chapter 31)

Fund 6675 FY 2016 Org 0615

Personal Services and Employee Benefits 00100 $ 1,971,039

Debt Service 04000 9,000,000

Current Expenses 13000 495,852

Repairs and Alterations 06400 4,000

Equipment 07000 1,743

Total $ 11,472,634

231 - Fire Commission -

Fire Marshal Fees

(WV Code Chapter 29)

Fund 6152 FY 2016 Org 0619

Personal Services and Employee Benefits 00100 $ 2,848,036

Unclassified 09900 3,800

Current Expenses 13000 1,238,550

Repairs and Alterations 06400 54,500

Equipment 07000 50,800

Other Assets 69000 12,000

BRIM Premium 91300 50,000

Total $ 4,257,686

232 - Division of Justice and Community Services -

WV Community Corrections Fund

(WV Code Chapter 62)

Fund 6386 FY 2016 Org 0620

Personal Services and Employee Benefits 00100 $ 152,000

Unclassified 09900 750

Current Expenses 13000 1,846,250

Repairs and Alterations 06400 1,000

Total $ 2,000,000

233 - Division of Justice and Community Services -

Court Security Fund

(WV Code Chapter 51)

Fund 6804 FY 2016 Org 0620

Personal Services and Employee Benefits 00100 $ 21,865

Current Expenses 13000 1,478,135

Total $ 1,500,000

DEPARTMENT OF REVENUE

234 - Division of Financial Institutions

(WV Code Chapter 31A)

Fund 3041 FY 2016 Org 0303

Personal Services and Employee Benefits 00100 $ 2,409,034

Unclassified 09900 32,290

Current Expenses 13000 719,042

Repairs and Alterations 06400 1,000

Equipment 07000 20,000

Other Assets 69000 47,710

Total $ 3,229,076

235 - Office of the Secretary -

Revenue Shortfall Reserve Fund

(WV Code Chapter 11B)

Fund 7005 FY 2016 Org 0701

Medical Services Trust Fund - Transfer 51200 $ 22,928,928

The above appropriation for Medical Services Trust Fund - Transfer (appropriation 51200) shall be transferred to the Medical Services Trust Fund (fund 5185).

The above appropriation does not affect the provisions of W.Va. Code Chapter 11B-2-20(e).

236 - Office of the Secretary -

State Debt Reduction Fund

(WV Code Chapter 29)

Fund 7007 FY 2016 Org 0701

Directed Transfer 70000 20,000,000

The above appropriation for Directed Transfer shall be transferred to the Consolidated Public Retirement Board - West Virginia Public Employees Retirement System Employers Accumulation Fund (fund 2510).

237 - Tax Division -

Cemetery Company Account

(WV Code Chapter 35)

Fund 7071 FY 2016 Org 0702

Personal Services and Employee Benefits 00100 $ 23,459

Current Expenses 13000 7,717

Total $ 31,176

238 - Tax Division -

Special Audit and Investigative Unit

(WV Code Chapter 11)

Fund 7073 FY 2016 Org 0702

Personal Services and Employee Benefits 00100 $ 655,203

Unclassified 09900 9,500

Current Expenses 13000 273,297

Repairs and Alterations 06400 7,000

Equipment 07000 5,000

Total $ 950,000

239 - Tax Division -

Wine Tax Administration Fund

(WV Code Chapter 60)

Fund 7087 FY 2016 Org 0702

Personal Services and Employee Benefits 00100 $ 254,162

Current Expenses 13000 5,406

Total $ 259,568

240 - Tax Division -

Reduced Cigarette Ignition Propensity

Standard and Fire Prevention Act Fund

(WV Code Chapter 47)

Fund 7092 FY 2016 Org 0702

Current Expenses 13000 $ 35,000

Equipment 07000 15,000

Total $ 50,000

241 - Tax Division -

Local Sales Tax and Excise Tax

Administration Fund

(WV Code Chapter 11)

Fund 7099 FY 2016 Org 0702

Personal Services and Employee Benefits 00100 $ 908,968

Unclassified 09900 10,000

Current Expenses 13000 84,563

Repairs and Alterations 06400 1,000

Equipment 07000 5,000

Total $ 1,009,531

242 - State Budget Office -

Public Employees Insurance Reserve Fund

(WV Code Chapter 11B)

Fund 7400 FY 2016 Org 0703

Public Employees Insurance Reserve Fund - Transfer 90300 $ 6,800,000

The above appropriation for Public Employees Insurance Reserve Fund - Transfer shall be transferred to the Medical Services Trust Fund (fund 5185, org 0511) for expenditure.

243 - Insurance Commissioner -

Examination Revolving Fund

(WV Code Chapter 33)

Fund 7150 FY 2016 Org 0704

Personal Services and Employee Benefits 00100 $ 718,525

Current Expenses 13000 1,359,793

Repairs and Alterations 06400 3,000

Equipment 07000 81,374

Buildings 25800 8,289

Other Assets 69000 11,426

Total $ 2,182,407

244 - Insurance Commissioner -

Consumer Advocate

(WV Code Chapter 33)

Fund 7151 FY 2016 Org 0704

Personal Services and Employee Benefits 00100 $ 550,184

Current Expenses 13000 204,196

Repairs and Alterations 06400 5,000

Equipment 07000 34,225

Buildings 25800 4,865

Other Assets 69000 19,460

Total $ 817,930

245 - Insurance Commissioner -

Insurance Commission Fund

(WV Code Chapter 33)

Fund 7152 FY 2016 Org 0704

Personal Services and Employee Benefits 00100 $ 24,951,887

Current Expenses 13000 8,547,598

Repairs and Alterations 06400 68,614

Equipment 07000 1,906,240

Buildings 25800 25,000

Other Assets 69000 500,661

Total $ 36,000,000

246 - Insurance Commissioner -

Workers' Compensation Old Fund

(WV Code Chapter 23)

Fund 7162 FY 2016 Org 0704

Employee Benefits 01000 $ 100,000

Current Expenses 13000 549,900,000

Total $ 550,000,000

247 - Insurance Commissioner -

Workers' Compensation Uninsured Employers' Fund

(WV Code Chapter 23)

Fund 7163 FY 2016 Org 0704

Current Expenses 13000 $ 27,000,000

248 - Insurance Commissioner -

Self-Insured Employer Guaranty Risk Pool

(WV Code Chapter 23)

Fund 7164 FY 2016 Org 0704

Current Expenses 13000 $ 5,000,000

249 - Insurance Commissioner -

Self-Insured Employer Security Risk Pool

(WV Code Chapter 23)

Fund 7165 FY 2016 Org 0704

Current Expenses 13000 $ 10,000,000

250 - Lottery Commission -

Revenue Center Construction Fund

(WV Code Chapter 29)

Fund 7209 FY 2016 Org 0705

Buildings 25800 $ 500,000

251 - Municipal Bond Commission

(WV Code Chapter 13)

Fund 7253 FY 2016 Org 0706

Personal Services and Employee Benefits 00100 $ 246,489

Current Expenses 13000 105,878

Equipment 07000 100

Total $ 352,467

252 - Racing Commission -

Relief Fund

(WV Code Chapter 19)

Fund 7300 FY 2016 Org 0707

Medical Expenses - Total 24500 $ 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 fund except for hospitalization, medical care and/or funeral expenses for persons contributing to this fund.

253 - Racing Commission -

Administration and Promotion Account

(WV Code Chapter 19)

Fund 7304 FY 2016 Org 0707

Personal Services and Employee Benefits 00100 $ 256,665

Current Expenses 13000 93,335

Other Assets 69000 5,000

Total $ 355,000

254 - Racing Commission -

General Administration

(WV Code Chapter 19)

Fund 7305 FY 2016 Org 0707

Personal Services and Employee Benefits 00100 $ 2,271,339

Current Expenses 13000 566,248

Repairs and Alterations 06400 7,000

Other Assets 69000 50,000

Total $ 2,894,587

255 - Racing Commission -

Administration, Promotion, Education, Capital Improvement

and Greyhound Adoption Programs

to include Spaying and Neutering Account

(WV Code Chapter 19)

Fund 7307 FY 2016 Org 0707

Personal Services and Employee Benefits 00100 $ 864,474

Current Expenses 13000 214,406

Other Assets 69000 200,000

Total $ 1,278,880

256 - Alcohol Beverage Control Administration -

Wine License Special Fund

(WV Code Chapter 60)

Fund 7351 FY 2016 Org 0708

Personal Services and Employee Benefits 00100 $ 122,339

Current Expenses 13000 69,186

Repairs and Alterations 06400 7,263

Equipment 07000 10,000

Buildings 25800 100,000

Other Assets 69000 100

Total $ 308,888

To the extent permitted by law, four classified exempt positions shall be provided from Personal Services and Employee Benefits appropriation for field auditors.

257 - Alcohol Beverage Control Administration

(WV Code Chapter 60)

Fund 7352 FY 2016 Org 0708

Personal Services and Employee Benefits 00100 $ 5,413,237

Current Expenses 13000 2,897,577

Repairs and Alterations 06400 84,000

Equipment 07000 108,000

Buildings 25800 100

Purchase of Supplies for Resale 41900 71,000,000

Transfer Liquor Profits and Taxes 42500 16,070,724

Other Assets 69000 100

Land 73000 100

Total $ 95,573,838

The total amount of these appropriations shall be paid from a special revenue fund out of liquor revenues and any other revenues available.

The above appropriations include the salary of the commissioner and the salaries, expenses and equipment of administrative offices, warehouses and inspectors.

The above appropriations include funding for the Tobacco/Alcohol Education Program.

There is hereby appropriated from liquor revenues, in addition to the above appropriations as needed, the necessary amount for the purchase of liquor as provided by law and the remittance of profits and taxes to the General Revenue Fund.

DEPARTMENT OF TRANSPORTATION

258 - Division of Motor Vehicles -

Dealer Recovery Fund

(WV Code Chapter 17)

Fund 8220 FY 2016 Org 0802

Current Expenses 13000 $ 189,000

259 - Division of Motor Vehicles -

Motor Vehicle Fees Fund

(WV Code Chapter 17B)

Fund 8223 FY 2016 Org 0802

Personal Services and Employee Benefits 00100 $ 2,852,799

Current Expenses 13000 4,896,057

Equipment 00700 75,000

Repairs and Alterations 06400 16,000

Other Assets 69000 10,000

BRIM Premium 91300 61,655

Total $ 7,911,511

260 - Division of Highways -

A. James Manchin Fund

(WV Code Chapter 22)

Fund 8319 FY 2016 Org 0803

Current Expenses 13000 $ 1,650,000

261 - Public Port Authority -

Special Railroad and Intermodal Enhancement Fund

(WV Code Chapter 17)

Fund 8254 FY 2016 Org 0806

Current Expenses 13000 $ 10,000

Other Assets 69000 7,990,000

Total $ 8,000,000

DEPARTMENT OF VETERANS' ASSISTANCE

262 - Veterans' Facilities Support Fund

(WV Code Chapter 9A)

Fund 6703 FY 2016 Org 0613

Personal Services and Employee Benefits 00100 $ 94,210

Current Expenses 13000 2,255,997

Repairs and Alterations 06400 10,000

Equipment 07000 10,000

Other Assets 69000 10,000

Total $ 2,380,207

263 - Department of Veterans' Assistance -

WV Veterans' Home -

Special Revenue Operating Fund

(WV Code Chapter 9A)

Fund 6754 FY 2016 Org 0618

Current Expenses 13000 $ 700,000

Repairs and Alterations 06400 50,000

Total $ 750,000

BUREAU OF SENIOR SERVICES

264 - Bureau of Senior Services -

Community Based Service Fund

(WV Code Chapter 22)

Fund 5409 FY 2016 Org 0508

Personal Services and Employee Benefits 00100 $ 151,290

Current Expenses 13000 10,348,710

Total $ 10,500,000

The total amount of these appropriations are funded from annual table game license fees to enable the aged and disabled citizens of West Virginia to stay in their homes through the provision of home and community-based services.

HIGHER EDUCATION POLICY COMMISSION

265 - 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 2016 Org 0442

General Capital Expenditures 30600 $ 500,000

The total amount of this appropriation shall be paid from the special capital improvements fund created in W.Va. Code 18B-10-8. Projects are to be paid on a cash basis and made available on July 1 of each year and may be transferred to special revenue funds for capital improvement projects at the institutions.

266 - 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 2016 Org 0442

Debt Service 04000 $ 28,901,910

General Capital Expenditures 30600 13,000,000

Facilities Planning and Administration 38600 421,082

Total $ 42,322,992

The total amount of these appropriations shall be paid from the special capital improvement fund created in W.Va. Code 18B-10-8. Projects are to be paid on a cash basis and made available on July 1.

The above appropriations, except for debt service, may be transferred to special revenue funds for capital improvement projects at the institutions.

267 - Tuition Fee Revenue Bond Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4906 FY 2016 Org 0442

Any unexpended balance remaining in the appropriation for Capital Outlay (fund 4906, appropriation 51100) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

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 W.Va. Code 18-12B-8, which have since been refunded.

268 - Community and Technical College

Capital Improvement Fund

(WV Code Chapter 18B)

Fund 4908 FY 2016 Org 0442

Any unexpended balance remaining in the appropriation for Capital Improvements - Total (fund 4908, appropriation 95800) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

The total amount of this appropriation shall be paid from the sale of the 2009 Series A Community and Technical College Capital Improvement Revenue Bonds and anticipated interest earnings.

269 - West Virginia University -

West Virginia University Health Sciences Center

(WV Code Chapters 18 and 18B)

Fund 4179 FY 2016 Org 0463

Personal Services and Employee Benefits 00100 $ 10,274,340

Current Expenses 13000 4,524,300

Repairs and Alterations 06400 425,000

Equipment 07000 512,000

Buildings 25800 150,000

Other Assets 69000 50,000

Total $ 15,935,640

MISCELLANEOUS BOARDS AND COMMISSIONS

270 - Board of Barbers and Cosmetologists -

Barbers and Beauticians Special Fund

(WV Code Chapters 16 and 30)

Fund 5425 FY 2016 Org 0505

Personal Services and Employee Benefits 00100 $ 504,497

Current Expenses 13000 239,969

Total $ 744,466

The total amount of these appropriations shall be paid from a special revenue fund out of collections made by the board of barbers and cosmetologists as provided by law.

271 - Hospital Finance Authority -

Hospital Finance Authority Fund

(WV Code Chapter 16)

Fund 5475 FY 2016 Org 0509

Personal Services and Employee Benefits 00100 $ 72,682

Unclassified. 09900 1,450

Current Expenses 13000 71,039

Total $ 145,171

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by Article 29A, Chapter 16 of the Code.

272 - WV State Board of Examiners for Licensed Practical Nurses -

Licensed Practical Nurses

(WV Code Chapter 30)

Fund 8517 FY 2016 Org 0906

Personal Services and Employee Benefits 00100 $ 427,915

Current Expenses 13000 55,542

Total $ 483,457

273 - WV Board of Examiners for Registered Professional Nurses -

Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2016 Org 0907

Personal Services and Employee Benefits 00100 $ 1,082,344

Current Expenses 13000 295,214

Repairs and Alterations 06400 3,000

Equipment 07000 19,500

Other Assets 69000 4,500

Total $ 1,404,558

274 - Public Service Commission

(WV Code Chapter 24)

Fund 8623 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 11,807,314

Unclassified 09900 147,643

Current Expenses 13000 2,594,398

Repairs and Alterations 06400 55,000

Equipment 07000 160,000

Buildings 25800 4,500,000

PSC Weight Enforcement 34500 4,405,884

Debt Payment/Capital Outlay 52000 350,000

BRIM Premium 91300 114,609

Total $ 24,134,848

The total amount of these appropriations 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 transfer up to $500,000 from this fund to meet the expected deficiencies in the Motor Carrier Division (fund 8625, org 0926) due to the amendment and reenactment of W.Va. Code 24A-3-1 by Enrolled House Bill Number 2715, Regular Session, 1997.

275 - Public Service Commission -

Gas Pipeline Division -

Public Service Commission Pipeline Safety Fund

(WV Code Chapter 24B)

Fund 8624 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 284,198

Unclassified 09900 3,851

Current Expenses 13000 93,115

Repairs and Alterations 06400 4,000

Total $ 385,164

The total amount of these appropriations 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.

276 - Public Service Commission -

Motor Carrier Division

(WV Code Chapter 24A)

Fund 8625 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 2,243,526

Unclassified 09900 29,233

Current Expenses 13000 577,557

Repairs and Alterations 06400 23,000

Equipment 07000 50,000

Total $ 2,923,316

The total amount of these appropriations 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.

277 - Public Service Commission -

Consumer Advocate Fund

(WV Code Chapter 24)

Fund 8627 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 743,372

Current Expenses 13000 276,472

Equipment 07000 10,000

BRIM Premium 91300 4,532

Total $ 1,034,376

The total amount of these appropriations shall be supported by cash from a special revenue fund out of collections made by the public service commission.

278 - Real Estate Commission -

Real Estate License Fund

(WV Code Chapter 30)

Fund 8635 FY 2016 Org 0927

Personal Services and Employee Benefits 00100 $ 582,413

Current Expenses 13000 285,622

Repairs and Alterations 06400 5,000

Equipment 07000 10,000

Total $ 883,035

The total amount of these appropriations shall be paid out of collections of license fees as provided by law.

279 - WV Board of Examiners for Speech-Language

Pathology and Audiology -

Speech-Language Pathology and Audiology Operating Fund

(WV Code Chapter 30)

Fund 8646 FY 2016 Org 0930

Personal Services and Employee Benefits 00100 $ 73,190

Current Expenses 13000 65,623

Total $ 138,813

280 - WV Board of Respiratory Care -

Board of Respiratory Care Fund

(WV Code Chapter 30)

Fund 8676 FY 2016 Org 0935

Personal Services and Employee Benefits 00100 $ 78,880

Current Expenses 13000 51,750

Repairs and Alterations 06400 400

Total $ 131,030

281 - WV Board of Licensed Dietitians -

Dietitians Licensure Board Fund

(WV Code Chapter 30)

Fund 8680 FY 2016 Org 0936

Personal Services and Employee Benefits 00100 $ 8,648

Current Expenses 13000 14,352

Total $ 23,000

282 - Massage Therapy Licensure Board -

Massage Therapist Board Fund

(WV Code Chapter 30)

Fund 8671 FY 2016 Org 0938

Personal Services and Employee Benefits 00100 $ 102,398

Current Expenses 13000 24,668

Total $ 127,066

283 - Board of Medicine -

Medical Licensing Board Fund

(WV Code Chapter 30)

Fund 9070 FY 2016 Org 0945

Personal Services and Employee Benefits 00100 $ 997,752

Current Expenses 13000 813,789

Repairs and Alterations 06400 20,000

Total $ 1,831,541

284 - West Virginia Enterprise Resource Planning Board

Enterprise Resource Planning System Fund

(WV Code Chapter 12)

Fund 9080 FY 2016 Org 0947

Personal Services and Employee Benefits 00100 $ 6,713,066

Unclassified 09900 430,000

Current Expenses 13000 42,306,934

Repairs and Alterations 06400 100,000

Equipment 07000 250,000

Buildings 25800 100,000

Other Assets 69000 100,000

Total $ 50,000,000

285 - Board of Treasury Investments -

Board of Treasury Investments Fee Fund

(WV Code Chapter 12)

Fund 9152 FY 2016 Org 0950

Personal Services and Employee Benefits 00100 $ 711,966

Unclassified 09900 12,667

Current Expenses 13000 482,574

BRIM Premium 91300 59,500

Fees of Custodians, Fund Advisors and Fund Managers 93800 3,500,000

Total $ 4,766,707

There is hereby appropriated from this fund, in addition to the above appropriation if needed, an amount of funds necessary for the Board of Treasury Investments to pay the fees and expenses of custodians, fund advisors and fund managers for the Consolidated fund of the State as provided in Article 6C, Chapter 12 of the Code.

The total amount of these appropriations shall be paid from the special revenue fund out of fees and collections as provided by law.

Total TITLE II, Section 3 -- Other Funds

(Including claims against the state) $ 1,805,760,851

Sec. 4. Appropriations from lottery net profits. -- Net profits of the lottery are to be deposited by the director of the lottery to the following accounts in the amounts indicated. The director of the lottery shall prorate each deposit of net profits in the proportion the appropriation for each account bears to the total of the appropriations for all accounts.

After first satisfying the requirements for Fund 2252, Fund 3963, and Fund 4908 pursuant to W.Va. Code 29-22-18, the director of the lottery shall make available from the remaining net profits of the lottery any amounts needed to pay debt service for which an appropriation is made for Fund 9065, Fund 4297, Fund 9067, and Fund 3514 and is authorized to transfer any such amounts to Fund 9065, Fund 4297, Fund 9067, and Fund 3514 for that purpose. Upon receipt of reimbursement of amounts so transferred, the director of the lottery shall deposit the reimbursement amounts to the following accounts as required by this section.

286 - Education, Arts, Sciences and Tourism -

Debt Service Fund

(WV Code Chapter 5)

Fund 2252 FY 2016 Org 0211

Appro- Lottery

priation Funds



Debt Service - Total 31000 $ 10,000,000

287 - West Virginia Development Office -

Division of Tourism

(WV Code Chapter 5B)

Fund 3067 FY 2016 Org 0304

Tourism - Telemarketing Center 46300 $ 82,080

WV Film Office 49800 340,434

Tourism - Advertising (R) 61800 3,571,419

Tourism - Operations (R) 66200 4,006,373

Total $ 8,000,306

Any unexpended balances remaining in the appropriations for Tourism - Advertising (fund 3067, appropriation 61800), and Tourism - Operations (fund 3067, appropriation 66200) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

288 - Division of Natural Resources

(WV Code Chapter 20)

Fund 3267 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 2,133,913

Current Expenses 13000 47,127

Pricketts Fort State Park 32400 111,000

Non-Game Wildlife (R) 52700 389,234

State Parks and Recreation Advertising (R) 61900 507,578

Total $ 3,188,852

Any unexpended balances remaining in the appropriations for Unclassified (fund 3267, appropriation 09900), Capital Outlay - Parks (fund 3267, appropriation 28800), Non-Game Wildlife (fund 3267, appropriation 52700), and State Parks and Recreation Advertising (fund 3267, appropriation 61900) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

289 - State Board of Education

(WV Code Chapters 18 and 18A)

Fund 3951 FY 2016 Org 0402

FBI Checks 37200 $ 108,031

Vocational Education Equipment Replacement 39300 800,000

Assessment Program (R) 39600 2,935,751

21st Century Technology Infrastructure

Network Tools and Support (R) 93300 14,108,744

Total $ 17,952,526

Any unexpended balances remaining in the appropriations for Unclassified (fund 3951, appropriation 09900), Current Expenses (fund 3951, appropriation 13000), Assessment Program (fund 3951, appropriation 39600), and 21st Century Technology Infrastructure Network Tools and Support (fund 3951, appropriation 93300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

290 - State Department of Education -

School Building Authority -

Debt Service Fund

(WV Code Chapter 18)

Fund 3963 FY 2016 Org 0402

Debt Service - Total 31000 $ 7,507,700

Directed Transfer 70000 10,492,300

Total $ 18,000,000

The School Building Authority shall have the authority to transfer between the above appropriations in accordance with W.Va. Code 29-22-18.

291 - Department of Education and the Arts -

Office of the Secretary -

Control Account -

Lottery Education Fund

(WV Code Chapter 5F)

Fund 3508 FY 2016 Org 0431

Unclassified (R) 09900 $ 15,881

Current Expenses 13000 104,119

Commission for National and Community Service 19300 350,341

Governor's Honors Academy (R) 47800 400,000

Arts Programs (R) 50000 81,165

College Readiness 57900 154,906

Statewide STEM 21st Century Academy 89700 130,000

Literacy Project (R) 89900 350,000

Total $ 1,586,412

Any unexpended balances remaining in the appropriations for Unclassified (fund 3508, appropriation 09900), Governor's Honors Academy (fund 3508, appropriation 47800), Arts Programs (fund 3508, appropriation 50000), and Literacy Project (fund 3508, appropriation 89900) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

292 - Division of Culture and History -

Lottery Education Fund

(WV Code Chapter 29)

Fund 3534 FY 2016 Org 0432

Huntington Symphony 02700 $ 82,025

Preservation West Virginia (R) 09200 652,799

Fairs and Festivals (R) 12200 1,853,663

Archeological Curation/Capital Improvements (R) 24600 41,668

Historic Preservation Grants (R) 31100 368,368

West Virginia Public Theater 31200 166,693

George Tyler Moore Center for the Study of the Civil War 39700 51,932

Greenbrier Valley Theater 42300 138,254

Theater Arts of West Virginia 46400 125,000

Marshall Artists Series 51800 50,008

Grants for Competitive Arts Program (R) 62400 731,000

West Virginia State Fair 65700 43,391

Save the Music 68000 30,000

Contemporary American Theater Festival 81100 79,558

Independence Hall 81200 37,885

Mountain State Forest Festival 86400 53,038

WV Symphony 90700 82,025

Wheeling Symphony 90800 82,025

Appalachian Children's Chorus 91600 75,770

Total $ 4,745,102

Any unexpended balances remaining in the appropriations for Preservation West Virginia (fund 3534, appropriation 09200), Fairs and Festivals (fund 3534, appropriation 12200), Archeological Curation/Capital Improvements (fund 3534, appropriation 24600), Historic Preservation Grants (fund 3534, appropriation 31100), Grants for Competitive Arts Program (fund 3534, appropriation 62400), and Project ACCESS (fund 3534, appropriation 86500) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

From the above appropriation for Preservation West Virginia (fund 3534, appropriation 09200) funding shall be provided to the African-American Heritage Family Tree Museum (Fayette) $3,713, Aracoma Story (Logan) $41,254, Arts Monongahela (Monongalia) $16,502, Barbour County Arts and Humanities Council $1,238, Beckley Main Street (Raleigh) $4,125, Buffalo Creek Memorial (Logan) $4,125, Carnegie Hall (Greenbrier) $65,138, Ceredo Historical Society (Wayne) $1,650, Ceredo Kenova Railroad Museum (Wayne) $1,650, Ceredo Museum (Wayne) $1,000, Children's Theatre of Charleston (Kanawha) $4,343, Chuck Mathena Center (Mercer) $86,850, Collis P. Huntington Railroad Historical Society (Cabell) $8,251, Country Music Hall of Fame and Museum (Marion) $5,776, First Stage Children's Theater Company $1,650, Flannigan Murrell House (Summers) $8,251, Fort Ashby Fort (Mineral) $1,238, Fort New Salem (Harrison) $3,053, Fort Randolph (Mason) $4,125, General Adam Stephen Memorial Foundation (Berkeley) $15,286, Grafton Mother's Day Shrine Committee (Taylor) $7,013, Hardy County Tour and Crafts Association $16,502, Heritage Farm Museum & Village (Cabell) $41,254, Historic Fayette Theater (Fayette) $4,538, Historic Middleway Conservancy (Jefferson) $825, Jefferson County Black History Preservation Society $4,125, Jefferson County Historical Landmark Commission $6,601, Maddie Carroll House (Cabell) $6,188, Marshall County Historical Society $7,013, McCoy Theater (Hardy) $16,502, Morgantown Theater Company (Monongalia) $16,502, Mountaineer Boys' State (Lewis) $8,251, Nicholas Old Main Foundation (Nicholas) $1,650, Norman Dillon Farm Museum (Berkeley) $8,251, Old Opera House Theater Company (Jefferson) $12,376, Parkersburg Arts Center (Wood) $16,502, Pocahontas Historic Opera House $4,950, Raleigh County All Wars Museum $8,251, Rhododendron Girl's State (Ohio) $8,251, Roane County 4-H and FFA Youth Livestock Program $4,125, Scottish Heritage Society/N. Central WV (Harrison) $4,125, Society for the Preservation of McGrew House (Preston) $2,888, Southern West Virginia Veterans' Museum $3,713, Summers County Historic Landmark Commission $4,125, Those Who Served War Museum (Mercer) $3,300, Three Rivers Avian Center (Summers) $12,376, Tug Valley Arts Council (Mingo) $4,125, Tug Valley Chamber of Commerce Coal House (Mingo) $1,650, Tunnelton Historical Society (Preston) $1,650, Veterans Committee for Civic Improvement of Huntington (Wayne) $4,125, West Virginia Museum of Glass (Lewis) $4,125, West Virginia Music Hall of Fame (Kanawha) $28,878, YMCA Camp Horseshoe (Tucker) $82,508, Youth Museum of Southern West Virginia (Raleigh) $9,901, Z.D. Ramsdell House (Wayne) $1,000.

From the above appropriation for Fairs and Festivals (fund 3534, appropriation 12200) funding shall be provided to the African-American Cultural Heritage Festival (Jefferson) $4,125, Alderson 4th of July Celebration (Greenbrier) $4,125, Allegheny Echo (Pocahontas) $6,189, Alpine Festival/Leaf Peepers Festival (Tucker) $9,282, American Civil War (Grant) $4,343, American Legion Post 8 Veterans Day Parade (McDowell) $1,737, Angus Beef and Cattle Show (Lewis) $1,238, Annual Birch River Days (Nicholas) $1,800, Annual Don Redman Heritage Concert & Awards (Jefferson) $1,303, Annual Ruddle Park Jamboree (Pendleton) $6,514, Antique Market Fair (Lewis) $1,650, Apollo Theater-Summer Program (Berkeley) $1,650, Appalachian Autumn Fest (Gilmer) $3,325, Apple Butter Festival (Morgan) $4,950, Arkansaw Homemaker's Heritage Weekend (Hardy) $2,888, Armed Forces Day-South Charleston (Kanawha) $2,475, Arthurdale Heritage New Deal Festival (Preston) $4,125, Athens Town Fair (Mercer) $1,650, Augusta Fair (Randolph) $4,125, Autumn Harvest Fest (Monroe) $1,900, Barbour County Fair $20,627, Barboursville Octoberfest (Cabell) $4,125, Bass Festival (Pleasants) $1,527, Battelle District Fair (Monongalia) $4,125, Battle of Dry Creek (Greenbrier) $1,238, Battle of Point Pleasant Memorial Committee (Mason) $4,125, Belle Town Fair (Kanawha) $3,713, Belleville Homecoming (Wood) $16,502, Bergoo Down Home Days (Webster) $2,063, Berkeley County Youth Fair $15,264, Black Bear 4K Mountain Bike Race (Kanawha) $950, Black Heritage Festival (Harrison) $4,950, Black Walnut Festival (Roane) $8,251, Blast from the Past (Upshur) $2,000, Blue-Gray Reunion (Barbour) $2,888, Boone County Fair $8,251, Boone County Labor Day Celebration $3,300, Bradshaw Fall Festival (McDowell) $1,650, Brandonville Heritage Day (Preston) $1,455, Braxton County Fair $9,489, Braxton County Monster Fest / West Virginia Autumn Festival $2,063, Brooke County Fair $2,888, Bruceton Mills Good Neighbor Days (Preston) $1,650, Buckwheat Festival (Preston) $7,014, Buffalo 4th of July Celebration (Putnam) $475, Buffalo October Fest (Putnam) $4,500, Burlington Apple Harvest Festival (Mineral) $24,752, Burlington Pumpkin Harvest Festival (Raleigh) $4,125, Burnsville Harvest Festival (Braxton) $1,954, Cabell County Fair $8,251, Calhoun County Wood Festival $1,650, Campbell's Creek Community Fair (Kanawha) $2,063, Cape Coalwood Festival Association (McDowell) $2,063, Capon Bridge Founders Day Festival (Hampshire) $1,650, Capon Springs Ruritan 4th of July (Hampshire) $950, Cass Homecoming (Pocahontas) $1,650, Cedarville Town Festival (Gilmer) $950, Celebration in the Park (Wood) $3,300, Celebration of America (Monongalia) $4,950, Ceredo Freedom Festival (Wayne) $973, Chapmanville Apple Butter Festival (Logan) $950, Chapmanville Fire Department 4th of July (Logan) $2,475, Charles Town Christmas Festival (Jefferson) $4,125, Charles Town Heritage Festival (Jefferson) $4,125, Charlie West Blues Festival (Kanawha) $8,251, Cherry River Festival (Nicholas) $5,363, Chester Fireworks (Hancock) $1,238, Chester 4th of July Festivities (Hancock) $4,125, Chief Logan State Park-Civil War Celebration (Logan) $6,601, Chilifest West Virginia State Chili Championship (Cabell) $2,171, Christmas In Our Town (Marion) $4,343, Christmas in Shepherdstown (Jefferson) $3,300, Christmas in the Park (Brooke) $4,125, Christmas in the Park (Logan) $20,627, City of Dunbar Critter Dinner (Kanawha) $8,251, City of New Martinsville Festival of Memories (Wetzel) $9,076, Clay County Golden Delicious Apple Festival $5,776, Coal Field Jamboree (Logan) $28,878, Coalton Days Fair (Randolph) $5,776, Country Roads Festival (Fayette) $1,650, Cowen Railroad Festival (Webster) $2,888, Craigsville Fall Festival (Nicholas) $2,888, Culturefest World Music & Arts Festival (Mercer) $6,514, Delbarton Homecoming (Mingo) $2,888, Doddridge County Fair $5,776, Durbin Days (Pocahontas) $4,125, Eastern Kanawha Valley Homecoming Festival (Kanawha) $2,171, Elbert/Filbert Reunion Festival (McDowell) $1,238, Elizabethtown Festival (Marshall) $4,125, Elkins Randolph County 4th of July Car Show (Randolph) $1,650, Fairview 4th of July Celebration (Marion) $950, Farm Safety Day (Preston) $1,650, Farmer Day Festival (Monroe) $1,737, Farmers' Day Parade (Wyoming) $1,000, FestivALL Charleston (Kanawha) $16,502, Fiber Festival (Preston) $1,500, Flatwoods Days (Braxton) $973, Flemington Day Fair and Festival (Taylor) $2,888, Follansbee Community Days (Brooke) $6,807, Fort Gay Mountain Heritage Days (Wayne) $4,125, Fort Henry Days (Ohio) $4,373, Fort Henry Living History (Ohio) $2,171, Fort New Salem Spirit of Christmas Festival (Harrison) $3,378, Frankford Autumnfest (Greenbrier) $4,125, Franklin Fishing Derby (Pendleton) $6,189, Franklin Firemen Carnival (Pendleton) $4,125, Freshwater Folk Festival (Greenbrier) $4,125, Friends Auxiliary of W.R. Sharpe Hospital (Lewis) $4,125, Frontier Days (Harrison) $2,475, Frontier Fest/Canaan Valley (Taylor) $4,125, Fund for the Arts-Wine & All that Jazz Festival (Kanawha) $2,063, Gassaway Days Celebration (Braxton) $4,125, Gilbert Elementary Fall Blast (Mingo) $2,171, Gilbert Kiwanis Harvest Festival (Mingo) $3,300, Gilbert Spring Fling (Mingo) $4,125, Gilmer County Farm Show $3,300, Grant County Arts Council $1,650, Grape Stomping Wine Festival (Nicholas) $1,650, Great Greenbrier River Race (Pocahontas) $8,251, Greater Quinwood Days (Greenbrier) $1,086, Green Spring Days (Hampshire) $950, Guyandotte Civil War Days (Cabell) $8,251, Hamlin 4th of July Celebration (Lincoln) $4,125, Hampshire Civil War Celebration Days (Hampshire) $950, Hampshire County 4th of July Celebration $16,502, Hampshire County Fair $6,948, Hampshire Heritage Days (Hampshire) $3,300, Hancock County Oldtime Fair $4,125, Hardy County Commission - 4th of July $8,251, Hatfield McCoy Matewan Reunion Festival (Mingo) $17,125, Hatfield McCoy Trail National ATV and Dirt Bike Weekend (Wyoming) $4,125, Heat'n the Hills Chilifest (Lincoln) $3,474, Heritage Craft Festival (Monroe) $950, Heritage Days Festival (Roane) $1,238, Hilltop Festival (Cabell) $950, Hilltop Festival of Lights (McDowell) $1,650, Hinton Railroad Days (Summers) $4,538, Holly River Festival (Webster) $1,238, Hometown Mountain Heritage Festival (Fayette) $3,378, Hundred 4th of July (Wetzel) $5,982, Hundred American Legion Earl Kiger Post Bluegrass Festival (Wetzel) $1,650, Hurricane 4th of July Celebration (Putnam) $4,125, Iaeger Town Fair (McDowell) $1,238, Irish Heritage Festival of West Virginia (Raleigh) $4,125, Irish Spring Festival (Lewis) $950, Italian Heritage Festival-Clarksburg (Harrison) $24,752, Jackson County Fair $4,125, Jamboree (Pocahontas) $4,125, Jane Lew Arts and Crafts Fair (Lewis) $950, Jefferson County Fair Association $20,627, Jersey Mountain Ruritan Pioneer Days (Hampshire) $950, John Henry Days Festival (Monroe) $4,125, Johnnie Johnson Blues and Jazz Festival (Marion) $4,125, Johnstown Community Fair (Harrison) $2,063, Junior Heifer Preview Show (Lewis) $1,650, Kanawha Coal Riverfest-St. Albans 4th of July Festival (Kanawha) $4,125, Keeper of the Mountains-Kayford (Kanawha) $2,063, Kenova Autumn Festival (Wayne) $6,080, Kermit Fall Festival (Mingo) $2,475, Keystone Reunion Gala (McDowell) $2,171, King Coal Festival (Mingo) $4,125, Kingwood Downtown Street Fair and Heritage Days (Preston) $1,650, L.Z. Rainelle West Virginia Veterans Reunion (Greenbrier) $4,125, Lady of Agriculture (Preston) $950, Larry Joe Harless Center Octoberfest Hatfield McCoy Trail (Mingo) $8,251, Larry Joe Harless Community Center Spring Middle School Event (Mingo) $4,125, Last Blast of Summer (McDowell) $4,125, Lewis County Fair Association $2,888, Lewisburg Shanghai (Greenbrier) $1,650, Lincoln County Fall Festival $6,601, Lincoln County Winterfest $4,125, Little Levels Heritage Festival (Pocahontas) $1,650, Logan Freedom Festival $6,189, Lost Creek Community Festival (Harrison) $5,776, Main Street Arts Festival (Upshur) $4,343, Main Street Martinsburg Chocolate Fest and Book Fair (Berkeley) $3,908, Mannington District Fair (Marion) $4,950, Maple Syrup Festival (Randolph) $950, Marion County FFA Farm Fest $2,063, Marmet Labor Day Celebration (Kanawha) $4,275, Marshall County Antique Power Show $2,063, Marshall County Fair $6,189, Mason County Fair $4,125, Mason Dixon Festival (Monongalia) $5,776, Matewan Massacre Reenactment (Mingo) $6,950, Matewan-Magnolia Fair (Mingo) $22,128, McARTS-McDowell County $16,502, McDowell County Fair $2,063, McGrew House History Day (Preston) $1,650, McNeill's Rangers (Mineral) $6,601, Meadow Bridge Hometown Festival (Fayette) $1,032, Meadow River Days Festival (Greenbrier) $2,475, Mercer Bluestone Valley Fair (Mercer) $1,650, Mercer County Fair $1,650, Mercer County Heritage Festival $4,825, Mid Ohio Valley Antique Engine Festival (Wood) $2,475, Milton Christmas in the Park (Cabell) $2,063, Milton 4th of July Celebration (Cabell) $2,063, Mineral County Veterans Day Parade $1,238, Molasses Festival (Calhoun) $1,650, Monongahfest (Marion) $5,211, Moon Over Mountwood Fishing Festival (Wood) $2,475, Morgan County Fair-History Wagon $1,238, Moundsville Bass Festival (Marshall) $3,300, Moundsville July 4th Celebration (Marshall) $4,125, Mount Liberty Fall Festival (Barbour) $2,063, Mountain Fest (Monongalia) $16,502, Mountain Festival (Mercer) $3,816, Mountain Music Festival (McDowell) $2,063, Mountain State Apple Harvest Festival (Berkeley) $6,189, Mountain State Arts & Crafts Fair Cedar Lakes (Jackson) $37,128, Mountaineer Hot Air Balloon Festival (Monongalia) $3,300, Mullens Dogwood Festival (Wyoming) $5,776, Multi-Cultural Festival of West Virginia (Kanawha) $16,502, Music and Barbecue - Banks District VFD (Upshur) $1,776, New Cumberland Christmas Parade (Hancock) $2,475, New Cumberland 4th of July (Hancock) $4,125, New River Bridge Day Festival (Fayette) $33,003, Newburg Volunteer Fireman's Field Day (Preston) $950, Nicholas County Fair $4,125, Nicholas County Potato Festival $2,888, Oak Leaf Festival (Fayette) $8,685, Oceana Heritage Festival (Wyoming) $4,950, Oglebay City Park - Festival of Lights (Ohio) $66,006, Oglebay Festival (Ohio) $8,251, Ohio County Country Fair $7,426, Ohio Valley Beef Association (Wood) $2,063, Ohio Valley Black Heritage Festival (Ohio) $4,538, Old Central City Fair (Cabell) $4,125, Old Century City Fair (Barbour) $1,737, Old Tyme Christmas (Jefferson) $1,980, Paden City Labor Day Festival (Wetzel) $5,363, Parkersburg Homecoming (Wood) $12,159, Patty Fest (Monongalia) $1,650, Paw Paw District Fair (Marion) $2,888, Pax Reunion Committee (Fayette) $4,125, Pendleton County 4-H Weekend $1,650, Pendleton County Committee for Arts $12,376, Pendleton County Fair $8,685, Pennsboro Country Road Festival (Ritchie) $1,650, Petersburg 4th of July Celebration (Grant) $16,502, Petersburg HS Celebration (Grant) $8,251, Piedmont-Annual Back Street Festival (Mineral) $3,300, Pinch Reunion (Kanawha) $1,238, Pine Bluff Fall Festival (Harrison) $3,300, Pine Grove 4th of July Festival (Wetzel) $5,776, Pineville Festival (Wyoming) $4,950, Pleasants County Agriculture Youth Fair $4,125, Poca Heritage Days (Putnam) $2,475, Pocahontas County Pioneer Days $5,776, Point Pleasant Stern Wheel Regatta (Mason) $4,125, Potomac Highlands Maple Festival (Grant) $4,950, Pratt Fall Festival (Kanawha) $2,063, Princeton Autumnfest (Mercer) $2,171, Princeton Street Fair (Mercer) $4,125, Putnam County Fair $4,125, Quartets on Parade (Hardy) $3,300, Rainelle Fall Festival (Greenbrier) $4,343, Rand Community Center Festival (Kanawha) $2,063, Randolph County Community Arts Council $2,475, Randolph County Fair $5,776, Randolph County Ramp and Rails $1,650, Ranson Christmas Festival (Jefferson) $4,125, Ranson Festival (Jefferson) $4,125, Ravenswood Octoberfest (Jackson) $6,601, Renick Liberty Festival (Greenbrier) $950, Ripley 4th of July (Jackson) $12,376, Ritchie County Fair and Exposition $4,125, Ritchie County Pioneer Days $950, River City Festival (Preston) $950, Riverside Blues Festival (Randolph) $4,343, Roane County Agriculture Field Day $2,475, Rock the Park (Kanawha) $4,500, Rocket Boys Festival (Raleigh) $2,375, Romney Heritage Days (Hampshire) $2,606, Ronceverte River Festival (Greenbrier) $4,125, Rowlesburg Labor Day Festival (Preston) $950, Rupert Country Fling (Greenbrier) $2,475, Saint Spyridon Greek Festival (Harrison) $2,063, Salem Apple Butter Festival (Harrison) $3,300, Sistersville 4th of July (Tyler) $4,538, Skirmish on the River (Mingo) $1,737, Smoke on the Water (Wetzel) $2,475, South Charleston Summerfest (Kanawha) $8,251, Southern Wayne County Fall Festival $950, Spirit of Grafton Celebration (Taylor) $8,251, Springfield Peach Festival (Hampshire) $1,026, St. Albans City of Lights - December (Kanawha) $4,125, Sternwheel Festival (Wood) $2,475, Stoco Reunion (Raleigh) $2,063, Stonewall Jackson Heritage Arts & Crafts Jubilee (Lewis) $9,076, Storytelling Festival (Lewis) $475, Strawberry Festival (Upshur) $24,752, Sylvester Big Coal River Festival $2,700, Tacy Fair (Barbour) $950, Taste of Parkersburg (Wood) $4,125, Taylor County Fair $4,538, Terra Alta VFD 4th of July Celebration (Preston) $950, The Gathering at Sweet Creek (Wood) $2,475, Three Rivers Coal Festival (Marion) $6,394, Thunder on the Tygart - Mothers' Day Celebration (Taylor) $12,376, Town of Delbarton 4th of July Celebration (Mingo) $2,475, Town of Fayetteville Heritage Festival (Fayette) $6,189, Town of Matoaka Hog Roast (Mercer) $950, Town of Rivesville 4th of July Festival (Marion) $4,343, Town of Winfield - Putnam County Homecoming $4,500, Treasure Mountain Festival (Pendleton) $20,627, Tri-County Fair (Grant) $31,318, Tucker County Arts Festival and Celebration $14,851, Tucker County Fair $3,919, Tucker County Health Fair $1,650, Tunnelton Depot Days (Preston) $950, Tunnelton Volunteer Fire Department Festival (Preston) $950, Turkey Festival (Hardy) $2,475, Tyler County Fair $4,290, Tyler County 4th of July $475, Tyler County OctoberFest $1,000, Union Community Irish Festival (Barbour) $900, Uniquely West Virginia Festival (Morgan) $1,650, Upper Kanawha Valley Oktoberfest (Kanawha) $2,063, Upper Ohio Valley Italian Festival (Ohio) $9,901, Upper West Fork Park Bluegrass Festival (Calhoun) $475, Upshur County Youth Livestock Show $2,000, Valley District Fair (Preston) $2,888, Veterans Welcome Home Celebration (Cabell) $1,303, Vietnam Veterans of America # 949 Christmas Party (Cabell) $950, Volcano Days at Mountwood Park (Wood) $4,125, War Homecoming Fall Festival (McDowell) $1,238, Wardensville Fall Festival (Hardy) $4,125, Wayne County Fair $4,125, Wayne County Fall Festival $4,125, Webster County Wood Chopping Festival $12,376, Webster Wild Water Weekend $1,650, Weirton July 4th Celebration (Hancock) $16,502, Welcome Home Family Day (Wayne) $2,640, Wellsburg 4th of July Celebration (Brooke) $6,189, Wellsburg Apple Festival of Brooke County $4,125, West Virginia Blackberry Festival (Harrison) $4,125, West Virginia Chestnut Festival (Preston) $950, West Virginia Coal Festival (Boone) $8,251, West Virginia Coal Show (Mercer) $2,171, West Virginia Dairy Cattle Show (Lewis) $8,251, West Virginia Dandelion Festival (Greenbrier) $4,125, West Virginia Fair and Exposition (Wood) $6,684, West Virginia Fireman's Rodeo (Fayette) $2,063, West Virginia Oil and Gas Festival (Tyler) $9,076, West Virginia Peach Festival (Hampshire) $4,500, West Virginia Polled Hereford Association (Braxton) $1,238, West Virginia Poultry Festival (Hardy) $4,125, West Virginia Pumpkin Festival (Cabell) $8,251, West Virginia State Monarch Butterfly Festival (Brooke) $4,125, West Virginia Water Festival - City of Hinton (Summers) $13,201, Weston VFD 4th of July Firemen Festival (Lewis) $1,650, Wetzel County Autumnfest $4,538, Wetzel County Town and Country Days $14,026, Wheeling Celtic Festival (Ohio) $1,650, Wheeling City of Lights (Ohio) $6,601, Wheeling Sternwheel Regatta (Ohio) $8,251, Wheeling Vintage Raceboat Regatta (Ohio) $16,502, Whipple Community Action (Fayette) $2,063, Wileyville Homecoming (Wetzel) $3,300, Wine Festival and Mountain Music Event (Harrison) $4,125, Winter Festival of the Waters (Berkeley) $4,125, Wirt County Fair $2,063, Wirt County Pioneer Days $1,650, Wyoming County Civil War Days $1,800, Youth Stockman Beef Expo (Lewis) $1,650.

Any Fairs & Festivals awards shall be funded in addition to, and not in lieu of, individual grant allocations derived from the Arts Council and the Cultural Grant Program allocations.293 - Library Commission -

Lottery Education Fund

(WV Code Chapter 10)

Fund 3559 FY 2016 Org 0433

Books and Films 17900 $ 360,784

Services to Libraries 18000 550,000

Grants to Public Libraries 18200 9,439,571

Digital Resources 30900 219,992

Infomine Network 88400 850,646

Total $ 11,420,993

Any unexpended balance remaining in the appropriation for Libraries - Special Projects (fund 3559, appropriation 62500) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

294 - Bureau of Senior Services -

Lottery Senior Citizens Fund

(WV Code Chapter 29)

Fund 5405 FY 2016 Org 0508

Personal Services and Employee Benefits 00100 $ 193,414

Current Expenses 13000 333,681

Repairs and Alterations 06400 1,000

Local Programs Service Delivery Costs 20000 2,435,250

Silver Haired Legislature 20200 18,500

Transfer to Division of Human Services for Health Care

and Title XIX Waiver for Senior Citizens 53900 20,503,026

Roger Tompkins Alzheimer's Respite Care 64300 2,296,543

WV Alzheimer's Hotline 72400 45,000

Regional Aged and Disabled Resource Center 76700 425,000

Senior Services Medicaid Transfer 87100 8,670,000

Legislative Initiatives for the Elderly 90400 9,671,239

Long Term Care Ombudsman 90500 297,226

BRIM Premium 91300 6,500

In-Home Services and Nutrition for Senior Citizens 91700 4,320,941

Total $ 49,217,320

Any unexpended balance remaining in the appropriation for Senior Citizen Centers and Programs (fund 5405, appropriation 46200) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Included in the above appropriation for Current Expenses (fund 5405, appropriation 13000), is funding to support an in-home direct care workforce registry.

The above appropriation for Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens (appropriation 53900) along with the federal moneys generated thereby shall be used for reimbursement for services provided under the program.

295 - Higher Education Policy Commission -

Lottery Education -

Higher Education Policy Commission -

Control Account

(WV Code Chapters 18B and 18C)

Fund 4925 FY 2016 Org 0441

RHI Program and Site Support (R) 03600 $ 1,912,491

RHI Program and Site Support -

RHEP Program Administration (R) 03700 146,653

RHI Program and Site Support - Grad Med

Ed and Fiscal Oversight (R) 03800 85,813

Minority Doctoral Fellowship (R) 16600 129,604

Underwood-Smith Scholarship

Program-Student Awards 16700 135,849

Health Sciences Scholarship (R) 17600 220,598

Vice Chancellor for Health Sciences -

Rural Health Residency Program (R) 60100 62,725

WV Engineering, Science, and

Technology Scholarship Program 86800 452,831

Total $ 3,146,564

Any unexpended balances remaining in the appropriations for RHI Program and Site Support (fund 4925, appropriation 03600), RHI Program and Site Support - RHEP Program Administration (fund 4925, appropriation 03700), RHI Program and Site Support - Grad Med Ed and Fiscal Oversight (fund 4925, appropriation 03800), Minority Doctoral Fellowship (fund 4925, appropriation 16600), Health Sciences Scholarship (fund 4925, appropriation 17600), and Vice Chancellor for Health Sciences - Rural Health Residency Program (fund 4925, appropriation 60100) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

The above appropriation for Underwood-Smith Scholarship Program-Student Awards (appropriation 16700) shall be transferred to the Underwood - Smith Teacher Scholarship and Loan Assistance Fund (fund 4922, org 0441) established by W.Va. Code 18C-4-1.

The above appropriation for WV Engineering, Science, and Technology Scholarship Program (appropriation 86800) shall be transferred to the West Virginia Engineering, Science and Technology Scholarship Fund (fund 4928, org 0441) established by W.Va. Code 18C-6-1.

296 - Community and Technical College -

Capital Improvement Fund

(WV Code Chapter 18B)

Fund 4908 FY 2016 Org 0442

Debt Service - Total 31000 $ 5,000,000

Any unexpended balance remaining in the appropriation for Capital Outlay and Improvements - Total (fund 4908, appropriation 84700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

297 - Higher Education Policy Commission -

Lottery Education -

West Virginia University - School of Medicine

(WV Code Chapter 18B)

Fund 4185 FY 2016 Org 0463

WVU Health Sciences -

RHI Program and Site Support (R) 03500 $ 1,125,203

MA Public Health Program and

Health Science Technology (R) 62300 54,432

Health Sciences Career Opportunities Program (R) 86900 328,462

HSTA Program (R) 87000 1,674,240

Center for Excellence in Disabilities (R) 96700 305,806

Total $ 3,488,143

Any unexpended balances remaining in the appropriations for WVU Health Sciences - RHI Program and Site Support (fund 4185, appropriation 03500), MA Public Health Program and Health Science Technology (fund 4185, appropriation 62300), Health Sciences Career Opportunities Program (fund 4185, appropriation 86900), HSTA Program (fund 4185, appropriation 87000), and Center for Excellence in Disabilities (fund 4185, appropriation 96700) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

298 - Higher Education Policy Commission -

Lottery Education -

Marshall University

(WV Code Chapters 18B)

Fund 4267 FY 2016 Org 0471

Any unexpended balance remaining in the appropriation for Marshall University Graduate College Writing Project (fund 4267, appropriation 80700) at the close of fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

299 - Higher Education Policy Commission -

Lottery Education -

Marshall University - School of Medicine

(WV Code Chapter 18B)

Fund 4896 FY 2016 Org 0471

Marshall Medical School -

RHI Program and Site Support (R) 03300 $ 410,253

Vice Chancellor for Health Sciences -

Rural Health Residency Program (R) 60100 169,529

Total $ 579,782

Any unexpended balances remaining in the appropriations for Marshall Medical School - RHI Program and Site Support (fund 4896, appropriation 03300) and Vice Chancellor for Health Sciences - Rural Health Residency Program (fund 4896, appropriation 60100) at the close of fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Total TITLE II, Section 4 -- Lottery Revenue $ 136,326,000

Sec. 5. Appropriations from state excess lottery revenue fund. -- In accordance with W.Va. Code 29-22-18a, 29-22A-10d, 29-22A-10e, 29-22C-27a and 29-25-22b, 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.

After first funding the appropriations required by W.Va. Code 29-22-18a, 29-22A-10d, 29-22A-10e, 29-22C-27a and 29-25-22b, the Director of the Lottery shall provide funding from the State Excess Lottery Revenue Fund for the remaining appropriations in this section to the extent that funds are available. In the event that revenues to the State Excess Lottery Revenue Fund are not sufficient to meet all the appropriations made pursuant to this section, then the Director of the Lottery shall first provide the necessary funds to meet fund 7208, appropriation 70011 of this section; next, to provide the funds necessary for fund 5365, appropriation 18900. Allocation of the funds for each appropriation shall be allocated in succession before any funds are provided for the next subsequent appropriation.

300 - Lottery Commission -

Refundable Credit

Fund 7207 FY 2016 Org 0705

Excess

Appro- Lottery

priation Funds



Directed Transfer 70000 $ 10,000,000

The above appropriation shall be transferred to the General Revenue Fund to provide reimbursement for the refundable credit allowable under W.Va. Code 11-21-21. 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.

301 - Lottery Commission -

General Purpose Account

Fund 7206 FY 2016 Org 0705

General Revenue Fund - Transfer 70011 $ 65,000,000

The above appropriation shall be transferred to the General Revenue Fund as determined by the director of the lottery in accordance with W.Va. Code 29-22-18a.

302 - Higher Education Policy Commission -

Education Improvement Fund

Fund 4295 FY 2016 Org 0441

PROMISE Scholarship - Transfer 80000 $ 29,000,000

The above appropriation shall be transferred to the PROMISE Scholarship Fund (fund 4296, org 0441) established by W.Va. Code 18C-7-7.

The Legislature has explicitly set a finite amount of available appropriations and directed the administrators of the Program to provide for the award of scholarships within the limits of available appropriations.

303 - Economic Development Authority -

Economic Development Project Fund

Fund 9065 FY 2016 Org 0944Debt Service - Total 31000 $ 19,000,000

Pursuant to W.Va. Code 29-22-18a, subsection (f), 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 W.Va. Code 29-22-18, subsection (f).

304 - Department of Education -

School Building Authority

Fund 3514 FY 2016 Org 0402

Debt Service - Total 31000 $ 19,000,000

305 - West Virginia Infrastructure Council -

West Virginia Infrastructure Transfer Fund

Fund 3390 FY 2016 Org 0316

Directed Transfer 70000 $ 36,000,000

The above appropriation shall be allocated pursuant to W.Va. Code 29-22-18d and 31-15-9.

306 - Higher Education Policy Commission -

Higher Education Improvement Fund

Fund 4297 FY 2016 Org 0441

Directed Transfer 70000 $ 15,000,000

The above appropriation shall be transferred to fund 4903, org 0442 as authorized by Senate Concurrent Resolution No. 41.

307 - Division of Natural Resources

State Park Improvement Fund

Fund 3277 FY 2016 Org 0310

Current Expenses (R) 13000 $ 2,438,300

Repairs and Alterations (R) 06400 2,161,200

Equipment (R) 07000 200,000

Buildings (R) 25800 100,000

Other Assets (R) 69000 100,500

Total $ 5,000,000

Any unexpended balances remaining in the above appropriations for Repairs and Alterations (fund 3277, appropriation 06400), Equipment (fund 3277, appropriation 07000), Unclassified - Total (fund 3277, appropriation 09600), Unclassified (fund 3277, appropriation 09900), Current Expenses (fund 3277, appropriation 13000), Buildings (fund 3277, appropriation 25800), and Other Assets (fund 3277, appropriation 69000) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

308 - Racing Commission -

Fund 7308 FY 2016 Org 0707

Special Breeders Compensation

(WVC 29-22-18a, subsection (l)) 21800 $ 2,000,000

309 - Lottery Commission -

Distributions to Statutory Funds and Purposes

Fund 7213 FY 2016 Org 0705

Parking Garage Fund - Transfer 70001 $ 500,000

2004 Capitol Complex Parking Garage Fund - Transfer 70002 255,249

Capitol Dome and Improvements Fund - Transfer 70003 2,200,641

Capitol Renovation and Improvement Fund - Transfer 70004 2,807,722

Development Office Promotion Fund - Transfer 70005 1,531,485

Research Challenge Fund - Transfer 70006 2,041,980

Tourism Promotion Fund - Transfer 70007 5,694,666

Cultural Facilities and Capitol Resources Matching

Grant Program Fund - Transfer 70008 1,500,000

Workers' Compensation Debt Reduction Fund - Transfer 70009 11,000,000

State Debt Reduction Fund - Transfer 70010 20,000,000

General Revenue Fund - Transfer 70011 1,794,761

West Virginia Racing Commission Racetrack

Video Lottery Account 70012 4,083,958

Historic Resort Hotel Fund 70013 34,200

Licensed Racetrack Regular Purse Fund 70014 12,159,198

Total $ 65,603,860

310 - Lottery Commission -

Excess Lottery Revenue Fund Surplus

Fund 7208 FY 2016 Org 0705

General Revenue Fund - Transfer 70011 $ 18,355,000

The above appropriation for General Revenue Fund - Transfer (fund 7208, appropriation 70011) shall be transferred to the General Revenue Fund.

(WV Code Chapter 5)

Fund 1046 FY 2016 Org 0100

Any unexpended balance remaining in the appropriation for Publication of Papers and Transition Expenses - Lottery Surplus (fund 1046, appropriation 06600) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapter 5B)

Fund 3170 FY 2016 Org 0307

Any unexpended balances remaining in the appropriations for Unclassified - Total (fund 3170, appropriation 09600), Recreational Grants or Economic Development Loans (fund 3170, appropriation 25300), and Connectivity Research and Development - Lottery Surplus (fund 3170, appropriation 92300) at the close of the fiscal year 2015 are hereby reappropriated for expenditure during the fiscal year 2016.

Administration -

Control Account

(WV Code Chapter 18B)

Fund 4932 FY 2016 Org 0441

Any unexpended balance remaining in the appropriation for Advanced Technology Centers (fund 4932, appropriation 02800) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2016 Org 0506

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 5219, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

(WV Code Chapters 9, 48 and 49)

Fund 5365 FY 2016 Org 0511

Medical Services 18900 $ 16,422,140

Correctional Units

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

Fund 6283 FY 2016 Org 0608

Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 6283, appropriation 75500) at the close of the fiscal year 2015 is hereby reappropriated for expenditure during the fiscal year 2016.

Total TITLE II, Section 5 -- Excess Lottery Funds $ 300,381,000

Sec. 6. Appropriations of federal funds. -- In accordance with Article 11, Chapter 4 of the Code from federal funds there are hereby appropriated conditionally upon the fulfillment of the provisions set forth in Article 2, Chapter 11B of the Code the following amounts, as itemized, for expenditure during the fiscal year 2016.

LEGISLATIVE

317 - Crime Victims Compensation Fund

(WV Code Chapter 14)

Fund 8738 FY 2016 Org 2300

Appro- Federal

priation Funds



Economic Loss Claim Payment Fund 33400 $ 3,000,000

JUDICIAL

318 - Supreme Court

Fund 8867 FY 2016 Org 2400

Personal Services and Employee Benefits 00100 $ 250,000

Current Expenses 13000 1,750,000

Total $ 2,000,000

EXECUTIVE

319 - Governor's Office

(WV Code Chapter 5)

Fund 8742 FY 2016 Org 0100

Personal Services and Employee Benefits 00100 $ 86,677

Current Expenses 13000 138,323

Total $ 225,000

320 - Department of Agriculture

(WV Code Chapter 19)

Fund 8736 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 1,563,760

Unclassified 09900 50,534

Current Expenses 13000 3,229,161

Repairs and Alterations 06400 50,000

Equipment 07000 160,000

Total $ 5,053,455

321 - Department of Agriculture -

Meat Inspection Fund

(WV Code Chapter 19)

Fund 8737 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 610,830

Unclassified 09900 8,755

Current Expenses 13000 136,012

Repairs and Alterations 06400 5,500

Equipment 07000 114,478

Total $ 875,575

322 - Department of Agriculture -

State Conservation Committee

(WV Code Chapter 19)

Fund 8783 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 97,250

Current Expenses 13000 14,099,974

Total $ 14,197,224

323 - Department of Agriculture -

Land Protection Authority

Fund 8896 FY 2016 Org 1400

Personal Services and Employee Benefits 00100 $ 46,526

Unclassified 09900 5,004

Current Expenses 13000 448,920

Total $ 500,450

324 - Secretary of State -

State Election Fund

(WV Code Chapter 3)

Fund 8854 FY 2016 Org 1600

Personal Services and Employee Benefits 00100 $ 210,240

Unclassified 09900 7,484

Current Expenses 13000 415,727

Repairs and Alterations 06400 15,000

Other Assets 69000 100,000

Total $ 748,451

DEPARTMENT OF ADMINISTRATION

325 - Children's Health Insurance Agency

(WV Code Chapter 5)

Fund 8838 FY 2016 Org 0230

Personal Services and Employee Benefits 00100 $ 0

Current Expenses 13000 0

Total $ 0

DEPARTMENT OF COMMERCE

326 - Division of Forestry

(WV Code Chapter 19)

Fund 8703 FY 2016 Org 0305

Personal Services and Employee Benefits 00100 $ 1,442,347

Unclassified 09900 51,050

Current Expenses 13000 5,622,560

Repairs and Alterations 06400 155,795

Equipment 07000 50,000

Other Assets 69000 1,808,300

Total $ 9,130,052

327 - Geological and Economic Survey

(WV Code Chapter 29)

Fund 8704 FY 2016 Org 0306

Personal Services and Employee Benefits 00100 $ 54,432

Unclassified 09900 2,803

Current Expenses 13000 195,639

Repairs and Alterations 06400 5,000

Equipment 07000 7,500

Other Assets 69000 15,000

Total $ 280,374

328 - West Virginia Development Office

(WV Code Chapter 5B)

Fund 8705 FY 2016 Org 0307

Personal Services and Employee Benefits 00100 $ 1,052,547

Unclassified 09900 96,900

Current Expenses 13000 8,553,505

Total $ 9,702,952

329 - Division of Labor

(WV Code Chapters 21 and 47)

Fund 8706 FY 2016 Org 0308

Personal Services and Employee Benefits 00100 $ 384,072

Unclassified 09900 5,572

Current Expenses 13000 167,098

Repairs and Alterations 06400 500

Total $ 557,242

330 - Division of Natural Resources

(WV Code Chapter 20)

Fund 8707 FY 2016 Org 0310

Personal Services and Employee Benefits 00100 $ 7,912,218

Unclassified 09900 107,693

Current Expenses 13000 5,556,594

Repairs and Alterations 06400 189,400

Equipment 07000 1,096,242

Buildings 25800 1,000

Other Assets 69000 1,951,000

Land 73000 1,000

Total $ 16,815,147

331 - Division of Miners' Health,

Safety and Training

(WV Code Chapter 22)

Fund 8709 FY 2016 Org 0314

Personal Services and Employee Benefits 00100 $ 613,177

Current Expenses 13000 150,000

Total $ 763,177

332 - WorkForce West Virginia

(WV Code Chapter 23)

Fund 8835 FY 2016 Org 0323

Unclassified 09900 $ 5,127

Current Expenses 13000 507,530

Reed Act 2002 - Unemployment Compensation 62200 2,850,000

Reed Act 2002 - Employment Services 63000 1,650,000

Total $ 5,012,657

Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended, and the provisions of W.Va. Code 21A-9-9, the above appropriation to Unclassified and Current Expenses shall be used by WorkForce West Virginia for the specific purpose of administration of the state's unemployment insurance program or job service activities, subject to each and every restriction, limitation or obligation imposed on the use of the funds by those federal and state statutes.

333 - Office of the Secretary -

Office of Economic Opportunity

(WV Code Chapter 5)

Fund 8780 FY 2016 Org 0327

Personal Services and Employee Benefits 00100 $ 497,289

Unclassified 09900 106,795

Current Expenses 13000 10,068,916

Repairs and Alterations 06400 500

Equipment 07000 6,000

Total $ 10,679,500

334 - Division of Energy

(WV Code Chapter 5B)

Fund 8892 FY 2016 Org 0328

Personal Services and Employee Benefits 00100 $ 411,574

Unclassified 09900 15,000

Current Expenses 13000 1,082,968

Repairs and Alterations 06400 200

Equipment 07000 1,000

Total $ 1,510,742

DEPARTMENT OF EDUCATION

335 - State Board of Education -

State Department of Education

(WV Code Chapters 18 and 18A)

Fund 8712 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 7,078,855

Unclassified 09900 2,000,000

Current Expenses 13000 208,917,820

Repairs and Alterations 06400 10,000

Equipment 07000 10,000

Other Assets 69000 10,000

Federal Economic Stimulus 89100 2,000,000

Total $ 220,026,675

336 - State Board of Education -

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 8713 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 1,992,648

Unclassified 09900 1,150,500

Current Expenses 13000 113,101,265

Repairs and Alterations 06400 20,000

Equipment 07000 100,000

Other Assets 69000 25,000

Total $ 116,389,413

337 - State Board of Education -

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 8714 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 1,519,972

Unclassified 09900 155,000

Current Expenses 13000 13,820,081

Repairs and Alterations 06400 10,000

Equipment 07000 10,000

Other Assets 69000 10,000

Total $ 15,525,053

338 - State Board of Education -

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 8715 FY 2016 Org 0402

Personal Services and Employee Benefits 00100 $ 4,044,940

Unclassified 09900 1,000,000

Current Expenses 13000 107,646,390

Repairs and Alterations 06400 10,000

Equipment 07000 10,000

Other Assets 69000 10,000

Total $ 112,721,330

DEPARTMENT OF EDUCATION AND THE ARTS

339 - Department of Education and the Arts -

Office of the Secretary

(WV Code Chapter 5F)

Fund 8841 FY 2016 Org 0431

Personal Services and Employee Benefits 00100 $ 414,424

Current Expenses 13000 5,589,576

Repairs and Alterations 06400 1,000

Total $ 6,005,000

340 - Division of Culture and History

(WV Code Chapter 29)

Fund 8718 FY 2016 Org 0432

Personal Services and Employee Benefits 00100 $ 743,046

Current Expenses 13000 1,947,372

Repairs and Alterations 06400 1,000

Equipment 07000 1,000

Buildings 25800 1,000

Other Assets 69000 1,000

Land 73000 360

Total $ 2,694,778

341 - Library Commission

(WV Code Chapter 10)

Fund 8720 FY 2016 Org 0433

Personal Services and Employee Benefits 00100 $ 328,653

Current Expenses 13000 1,081,157

Equipment 07000 543,406

Total $ 1,953,216

342 - Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 8721 FY 2016 Org 0439

Equipment 07000 $ 750,000

343 - State Board of Rehabilitation -

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 8734 FY 2016 Org 0932

Personal Services and Employee Benefits 00100 $ 12,616,894

Current Expenses 13000 53,118,076

Repairs and Alterations 06400 350,300

Equipment 07000 1,275,870

Total $ 67,361,140

344 - State Board of Rehabilitation -

Division of Rehabilitation Services -

Disability Determination Services

(WV Code Chapter 18)

Fund 8890 FY 2016 Org 0932

Personal Services and Employee Benefits 00100 $ 15,906,206

Current Expenses 13000 9,207,634

Repairs and Alterations 06400 1,100

Equipment 07000 83,350

Total $ 25,198,290

DEPARTMENT OF ENVIRONMENTAL PROTECTION

345 - Division of Environmental Protection

(WV Code Chapter 22)

Fund 8708 FY 2016 Org 0313

Personal Services and Employee Benefits 00100 $ 28,102,458

Current Expenses 13000 166,827,394

Repairs and Alterations 06400 233,583

Equipment 07000 888,188

Other Assets 69000 146,216

Land 73000 100,000

Total $ 196,297,839

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

346 - Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 8723 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 627,336

Unclassified 09900 73,307

Current Expenses 13000 6,630,103

Total $ 7,330,746

347 - Division of Health -

Central Office

(WV Code Chapter 16)

Fund 8802 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 13,744,404

Unclassified 09900 910,028

Current Expenses 13000 79,148,201

Equipment 07000 456,972

Buildings 25800 155,000

Other Assets 69000 380,000

Federal Economic Stimulus 89100 150,000

Total $ 94,944,605

348 - Division of Health -

West Virginia Safe Drinking Water Treatment

(WV Code Chapter 16)

Fund 8824 FY 2016 Org 0506West Virginia Drinking Water Treatment

Revolving Fund - Transfer 68900 $ 16,000,000

349 - West Virginia Health Care Authority

(WV Code Chapter 16)

Fund 8851 FY 2016 Org 0507Unclassified 09900 $ 9,966

Current Expenses 13000 986,649

Total $ 996,615

350 - Human Rights Commission

(WV Code Chapter 5)

Fund 8725 FY 2016 Org 0510

Personal Services and Employee Benefits 00100 $ 549,827

Unclassified 09900 5,482

Current Expenses 13000 90,389

Total $ 645,698

351 - Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 8722 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 67,320,701

Unclassified 09900 22,855,833

Current Expenses 13000 71,798,431

Medical Services 18900 2,803,202,632

Medical Services Administrative Costs 78900 132,045,119

CHIP Administrative Costs 85601 533,752

CHIP Services 85602 47,422,974

Federal Economic Stimulus 89100 45,693,209

Total $ 3,190,872,651

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

352 - Office of the Secretary

(WV Code Chapter 5F)

Fund 8876 FY 2016 Org 0601

Personal Services and Employee Benefits 00100 $ 440,525

Unclassified 09900 250,053

Current Expenses 13000 24,303,277

Repairs and Alterations 06400 3,971

Other Assets 69000 7,500

Total $ 25,005,326

353 - Adjutant General -

State Militia

(WV Code Chapter 15)

Fund 8726 FY 2016 Org 0603

Unclassified 09900 $ 982,705

Mountaineer ChalleNGe Academy 70900 3,050,000

Martinsburg Starbase 74200 375,000

Charleston Starbase 74300 325,000

Military Authority 74800 93,537,900

Total $ 98,270,605

The adjutant general shall have the authority to transfer between appropriations.

354 - Adjutant General -

West Virginia National Guard Counterdrug Forfeiture Fund

(WV Code Chapter 15)

Fund 8785 FY 2016 Org 0603

Personal Services and Employee Benefits 00100 $ 1,350,000

Current Expenses 13000 300,000

Equipment 07000 350,000

Total $ 2,000,000

355 - Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 8727 FY 2016 Org 0606

Personal Services and Employee Benefits 00100 $ 721,650

Current Expenses 13000 20,429,281

Repairs and Alterations 06400 5,000

Equipment 07000 100,000

Total $ 21,255,931

356 - Division of Corrections

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

Fund 8836 FY 2016 Org 0608

Unclassified 09900 $ 1,100

Current Expenses 13000 108,900

Total $ 110,000

357 - West Virginia State Police

(WV Code Chapter 15)

Fund 8741 FY 2016 Org 0612

Personal Services and Employee Benefits 00100 $ 2,325,349

Current Expenses 13000 2,125,971

Repairs and Alterations 06400 42,000

Equipment 07000 2,502,285

Buildings 25800 750,500

Other Assets 69000 144,500

Land 73000 500

Total $ 7,891,105

358 - Fire Commission

(WV Code Chapter 29)

Fund 8819 FY 2016 Org 0619

Current Expenses 13000 $ 80,000

359 - Division of Justice and Community Services

(WV Code Chapter 15)

Fund 8803 FY 2016 Org 0620

Personal Services and Employee Benefits 00100 $ 724,370

Unclassified 09900 25,185

Current Expenses 13000 7,965,450

Repairs and Alterations 06400 1,750

Total $ 8,716,755

DEPARTMENT OF REVENUE

360 - Tax Division -

Consolidated Federal Fund

(WV Code Chapter 11)

Fund 8899 FY 2016 Org 0702

Current Expenses 13000 $ 10,000

361 - Insurance Commissioner

(WV Code Chapter 33)

Fund 8883 FY 2016 Org 0704

Personal Services and Employee Benefits 00100 $ 838,090

Current Expenses 13000 12,962,837

Repairs and Alterations 06400 25,000

Equipment 07000 250,000

Buildings 25800 25,000

Other Assets 69000 100,000

Total $ 14,200,927

DEPARTMENT OF TRANSPORTATION

362 - Division of Motor Vehicles

(WV Code Chapter 17B)

Fund 8787 FY 2016 Org 0802

Personal Services and Employee Benefits 00100 $ 501,394

Current Expenses 13000 17,671,640

Repairs and Alterations 06400 500

Total $ 18,173,534

363 - Division of Public Transit

(WV Code Chapter 17)

Fund 8745 FY 2016 Org 0805

Personal Services and Employee Benefits 00100 $ 657,137

Current Expenses 13000 8,928,012

Repairs and Alterations 06400 2,500

Equipment 07000 5,286,432

Buildings 25800 500,000

Other Assets 69000 174,119

Total $ 15,548,200

DEPARTMENT OF VETERANS' ASSISTANCE

364 - Department of Veterans' Assistance

(WV Code Chapter 9A)

Fund 8858 FY 2016 Org 0613

Personal Services and Employee Benefits 00100 $ 2,749,840

Current Expenses 13000 3,927,160

Repairs and Alterations 06400 50,000

Equipment 07000 200,000

Buildings 25800 600,000

Other Assets 69000 100,000

Land 73000 100,000

Total $ 7,727,000

365 - Department of Veterans' Assistance -

Veterans' Home

(WV Code Chapter 9A)

Fund 8728 FY 2016 Org 0618

Personal Services and Employee Benefits 00100 $ 877,375

Current Expenses 13000 844,632

Repairs and Alterations 06400 220,000

Equipment 07000 198,000

Buildings 25800 296,000

Other Assets 69000 20,000

Land 73000 10,000

Total $ 2,466,007

BUREAU OF SENIOR SERVICES

366 - Bureau of Senior Services

(WV Code Chapter 29)

Fund 8724 FY 2016 Org 0508

Personal Services and Employee Benefits 00100 $ 721,393

Current Expenses 13000 13,811,853

Repairs and Alterations 06400 3,000

Total $ 14,536,246

MISCELLANEOUS BOARDS AND COMMISSIONS

367 - Public Service Commission -

Motor Carrier Division

(WV Code Chapter 24A)

Fund 8743 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 1,286,913

Current Expenses 13000 368,953

Repairs and Alterations 06400 40,000

Total $ 1,695,866

368 - Public Service Commission -

Gas Pipeline Division

(WV Code Chapter 24B)

Fund 8744 FY 2016 Org 0926

Personal Services and Employee Benefits 00100 $ 337,532

Current Expenses 13000 14,648

Unclassified 09900 352

Total $ 352,532

369 - National Coal Heritage Area Authority

(WV Code Chapter 29)

Fund 8869 FY 2016 Org 0941

Personal Services and Employee Benefits 00100 $ 158,635

Current Expenses 13000 631,365

Repairs and Alterations 06400 5,000

Equipment 07000 3,000

Other Assets 69000 2,000

Total $ 800,000

370 - Coal Heritage Highway Authority

(WV Code Chapter 29)

Fund 8861 FY 2016 Org 0942

Personal Services and Employee Benefits 00100 $ 0

Current Expenses 13000 0

Total $ 0

Total TITLE II, Section 6 - Federal Funds $ 4,395,605,081

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 2016.

371 - West Virginia Development Office -

Community Development

Fund 8746 FY 2016 Org 0307

Personal Services and Employee Benefits 00100 $ 648,117

Unclassified 09900 483,500

Current Expenses 13000 47,226,995

Repairs and Alterations 06400 300

Total $ 48,358,912

372 - WorkForce West Virginia -

Workforce Investment Act

Fund 8749 FY 2016 Org 0323

Personal Services and Employee Benefits 00100 $ 1,511,208

Unclassified 09900 23,023

Current Expenses 13000 19,864,909

Repairs and Alterations 06400 1,600

Equipment 07000 500

Buildings 25800 1,100

Total $ 21,402,340

373 - Department of Commerce

Office of the Secretary -

Office of Economic Opportunity -

Community Services

Fund 8781 FY 2016 Org 0327

Personal Services and Employee Benefits 00100 $ 362,389

Unclassified 09900 84,000

Current Expenses 13000 12,043,111

Repairs and Alterations 06400 1,500

Equipment 07000 9,000

Total $ 12,500,000

374 - Division of Health -

Maternal and Child Health

Fund 8750 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 2,124,294

Unclassified 09900 110,017

Current Expenses 13000 8,767,420

Total $ 11,001,731

375 - Division of Health -

Preventive Health

Fund 8753 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 162,320

Unclassified 09900 22,457

Current Expenses 13000 1,895,366

Equipment 07000 165,642

Total $ 2,245,785

376 - Division of Health -

Substance Abuse Prevention and Treatment

Fund 8793 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 822,766

Unclassified 09900 115,924

Current Expenses 13000 10,653,740

Total $ 11,592,430

377 - Division of Health -

Community Mental Health Services

Fund 8794 FY 2016 Org 0506

Personal Services and Employee Benefits 00100 $ 936,557

Unclassified 09900 33,533

Current Expenses 13000 2,383,307

Total $ 3,353,397378- Division of Human Services -

Energy Assistance

Fund 8755 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 1,475,000

Unclassified 09900 350,000

Current Expenses 13000 33,175,000

Total $ 35,000,000

379 - Division of Human Services -

Social Services

Fund 8757 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 14,231,684

Unclassified 09900 171,982

Current Expenses 13000 2,870,508

Total $ 17,274,174

380 - Division of Human Services -

Temporary Assistance for Needy Families

Fund 8816 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 17,964,349

Unclassified 09900 1,250,000

Current Expenses 13000 105,785,651

Total $ 125,000,000

381 - Division of Human Services -

Child Care and Development

Fund 8817 FY 2016 Org 0511

Personal Services and Employee Benefits 00100 $ 4,654,643

Unclassified 09900 350,000

Current Expenses 13000 31,995,357

Total $ 37,000,000

382 - Division of Justice and Community Services -

Juvenile Accountability Incentive

Fund 8829 FY 2016 Org 0620

Personal Services and Employee Benefits 00100 $ 14,246

Current Expenses 13000 235,729

Repairs and Alterations 06400 25

Total $ 250,000

Total TITLE II, Section 7 -- Federal Block Grants $ 324,978,769

Sec. 8. Awards for claims against the state. -- There are hereby appropriated for fiscal year 2016, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $203,331, special revenue funds in the amount of $747,870, and state road funds in the amount of $730,433 for payment of claims against the state.

Sec. 9. Appropriations from general revenue 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 2016 out of surplus funds only, accrued from the fiscal year ending June 30, 2015, 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 July 31, 2015 from the fiscal year ending June 30, 2015, only after first meeting requirements of W.Va. Code 11B-2-20(b).

In the event that surplus revenues available on July 31, 2015, are not sufficient to meet 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 to meet the appropriation in this section.

383 - Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2016 Org 0211

Capital Outlay, Repairs and Equipment - Surplus 67700 $ 9,000,000

384 - Department of Education and the Arts -

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2016 Org 0431

WV Early Childhood Planning Task Force - Surplus 14499 $ 350,000

Total TITLE II, Section 9 - Surplus Accrued $ 9,350,000

Sec. 10. Appropriations from lottery net profits surplus accrued. -- The following item is hereby appropriated from the lottery net profits, and is to be available for expenditure during the fiscal year 2016 out of surplus funds only, as determined by the director of lottery, accrued from the fiscal year ending June 30, 2015, subject to the terms and conditions set forth in this section.

It is the intent and mandate of the Legislature that the following appropriation be payable only from surplus accrued from the fiscal year ending June 30, 2015.

In the event that surplus revenues available from the fiscal year ending June 30, 2015, are not sufficient to meet the appropriation made pursuant to this section, then the appropriation shall be made to the extent that surplus funds are available.

385 - Bureau of Senior Services -

Lottery Senior Citizens Fund

(WV Code Chapter 29)

Fund 5405 FY 2016 Org 0508

Senior Services Medicaid Transfer - Lottery Surplus 68199 $ 10,000,000

Total TITLE II, Section 10 - Surplus Accrued $ 10,000,000

Sec. 11. Appropriations from state excess lottery revenue surplus accrued. -- The following item is hereby appropriated from the state excess lottery revenue fund, and is to be available for expenditure during the fiscal year 2016 out of surplus funds only, as determined by the director of lottery, accrued from the fiscal year ending June 30, 2015, subject to the terms and conditions set forth in this section.

It is the intent and mandate of the Legislature that the following appropriation be payable only from surplus accrued from the fiscal year ending June 30, 2015.

In the event that surplus revenues available from the fiscal year ending June 30, 2015, are not sufficient to meet the appropriation made pursuant to this section, then the appropriation shall be made to the extend that surplus funds are available.

386 - Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 5365 FY 2016 Org 0511

Medical Services - Lottery Surplus 68100 $ 20,000,000

Total TITLE II, Section 11 - Surplus Accrued $ 20,000,000

Sec. 12. Special revenue appropriations. -- There are hereby appropriated for expenditure during the fiscal year 2016 appropriations made by general law from special revenues which are not paid into the state fund as general revenue under the provisions of W.Va. Code 12-2-2: Provided, That none of the money so appropriated by this section shall be available for expenditure except in compliance with the provisions of W.Va. Code 12-2 and 3, and W.Va. Code 11B-2, 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; and

(b) A detailed expenditure schedule showing for what purposes the fund is to be expended.

Sec. 13. State improvement fund appropriations. -- Bequests or donations of nonpublic funds, received by the Governor on behalf of the state during the fiscal year 2016, 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 2016 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. 14. 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 3, Chapter 12 of the Code.

Sec. 15. 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. 16. 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 W.Va. Code 31-18-20b, 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. 17. 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. 18. Total appropriations. -- Where only a total sum is appropriated to a spending unit, the total sum shall include personal services and employee benefits, annual increment, current expenses, repairs and alterations, buildings, equipment, other assets, land, and capital outlay, where not otherwise specifically provided and except as otherwise provided in TITLE I - GENERAL PROVISIONS, Sec. 3.

Sec. 19. 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 W.Va. Code 18-9A-16.

Sec. 20. Special permissive, one-time appropriation from Revenue Shortfall Reserve Fund. -- There is hereby appropriated an amount not to exceed $20,000,000 from the Revenue Shortfall Reserve Fund (fund 7005) for the renovation of State Capitol Complex Building 3 to provide for its use as state office space. In lieu of incurring additional state debt, bond issuance and interest expense, the Governor may at his discretion, direct the transfer of funds to the Capitol Dome and Capitol Improvements Fund (fund 2257) created under 5A-4-2, for expenditure.

TITLE III - ADMINISTRATION.

Sec. 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 2, Chapter 11B of the Code.

Where spending units or parts of spending units have been absorbed by or combined with other spending units, it is the intent of this act that appropriations and reappropriations shall be to the succeeding or later spending unit created, unless otherwise indicated.

Sec. 2. Constitutionality. -- If any part of this act is declared unconstitutional by a court of competent jurisdiction, its decision shall not affect any portion of this act which remains, but the remaining portion shall be in full force and effect as if the portion declared unconstitutional had never

been a part of the act. Eric Nelson, Jr., Mike Hall,

Bill Anderson, Chris Walters,

Bob Ashley, Dave Sypolt,

Ray Canterbury, Greg Boso,

Brent Boggs, Roman W. Prezioso,

Larry A. Williams, Ron Stollings,

H. K. White, Robert H. Plymale,

Conferees on the part Conferees on the part

of the House of Delegates. of the Senate.

On motion of Delegate E. Nelson, the report of the Committee of Conference was adopted.

Delegates Upson and Espinosa asked to be recorded as having voted "Nay" on the adoption of the report of the Committee of Conference for Com. Sub. for H. B. 2016.

Speaker Pro Tempore Anderson in the Chair

Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2016 under the provisions of House Rule 49.

The Speaker Pro Tempore replied that any impact on the Delegate would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.

Delegates Ashley, Boggs, Byrd, Campbell, Duke, Eldridge, Espinosa, Ferro, Fleischauer, Marcum, Morgan, Moye, J. Nelson, Perdue, Perry, Romine, Summer, Waxman, and H. White requested to be excused from voting on the passage of Com. Sub. for H. B. 2016 under the provisions of House Rule 49.

The Speaker Pro Tempore replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse them from voting.

Mr. Speaker, Mr. Armstead, in the Chair

The bill, as amended by said report, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 645), and there were, including pairs--yeas 84, nays 12, absent and not voting 4, paired 6, with the nays, paired and absent and not voting being as follows:

Nays: Faircloth, Kurcaba, Lane, Moffatt, Morgan, J. Nelson, Overington, Perdue and R. Phillips.

Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

Paired:

Yea: Ellington Nay: Folk

Yea: Householder Nay: Ihle

Yea: Miller Nay: McGeehan

Absent and Not Voting: Deem, Hicks, Moore and L. Phillips.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2016) passed.

Delegate Cowles moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 646), and there were--yeas 93, nays 3, absent and not voting 4, paired 6, with the paired and absent and not voting being as follows:

Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

Paired:

Yea: Ellington Nay: Folk

Yea: Householder Nay: Ihle

Yea: Miller Nay: McGeehan

Absent and Not Voting: Deem, Hicks, Moore and L. Phillips.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2016) 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.

Committee Reports

At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Delegate McCuskey, 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 18th day of March, 2015, 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:

(S. B. 106), Excepting professional engineer member from sanitary board when project engineer is under contract,

(Com. Sub. for S. B. 284), Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms,

(Com. Sub. for S. B. 336), Eliminating Health Care Authority's power to apply certain penalties to future rate applications,

(Com. Sub. for S. B. 342), Clarifying scope, application and requirements for error corrections by CPRB,

(Com. Sub. for S. B. 360), Repealing code sections relating to book indexes and claims reports required by court clerks,

(S. B. 403), Increasing period during which recorded and refiled motor vehicle liens are valid,

(Com. Sub. for S. B. 409), Establishing Fair and Open Competition in Governmental Construction Act,

(S. B. 412), Relating to Real Estate Commission complaint filings,

And,

(S. B. 502), Relating to eligibility for certain reclamation or remediation tax credit.

Delegate McCuskey, 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 18th day of March, 2015, 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. 261), Clarifying definition of "owner" of dam,

(S. B. 267), Repealing code relating to Governor's Office of Health Enhancement and Lifestyle Planning,

(S. B. 310), Exempting nonprofit public utility companies from B&O tax,

(Com. Sub. for S. B. 347), Creating Firearms Act of 2015,

(Com. Sub. for S. B. 373), Allowing wireless communication image serve as proof of motor vehicle insurance,

And,

(S. B. 418), Relating to trustee real estate sale under deed of trust.

Motions

At the request of Delegate McCuskey, and by unanimous consent, permission was granted the Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment of this session of the Legislature, to file its report with the Clerk and that such reports be included in the final Journal of this session, and that communications from His Excellency, the Governor, as to his action on bills after adjournment of the session, also be included in the Journal.



At 4:32 p.m., on motion of Delegate Cowles, the House of Delegates recessed for fifteen minutes.

Messages from the Senate

A message from the Clerk of the Senate announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of the members elected to the House of Delegates, as a result of the objections of the Governor, of

Enr. Com. Sub. for H. B. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.

A message from the Clerk of the Senate announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of the members elected to the House of Delegates, as a result of the objections of the Governor, of

Enr. H. B. 2880, Creating an addiction treatment pilot program.

A message from the Clerk of the Senate announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of the members elected to the House of Delegates, as a result of the objections of the Governor, of

Enr. H. B. 2664, Creating "Andrea and Willy's Law"; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.

A message from the Senate, by

The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, to take effect from passage, of

Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

Leaves of Absence

At the request of Delegate McCuskey, and by unanimous consent, leaves of absence for the day were granted Delegates Blair, Border, Deem, Ellington, Hicks, Householder, Ireland, Manchin, Marcum, Miller, Perdue, L. Phillips, Rohrbach, Skinner and Sponaugle.

Miscellaneous Business

The Speaker recognized the Clerk of the House, who presented service pins to the following members:

5 Year Pins

Delegates Campbell, Gearheart, Howell, O'Neal, E. Nelson, Pasdon, R. Phillips, Rodighiero and Storch.

15 Year Pins

Delegates Canterbury, Perry and Romine.

25 Year Pin

Delegate A. Evans.

30 Year Pin

Delegate Overington.

On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had completed the business of this First Regular Session of the 82nd Legislature and was ready to adjourn sine die.

Whereupon,

The Speaker appointed as members of said committee the following:

Delegates Ashley, Pasdon and Lynch.

On motion of Delegate Cowles, the Speaker was authorized to appoint a committee of three on the part of the House of Delegates, to join with a similar committee of the Senate, to inform His Excellency, the Governor, that the legislature was ready to adjourn sine die.

The Speaker appointed as members of such committee the following:

Delegates Shott, Arvon and Moye.

Committee Reports

In accordance with the prior unanimous consent request, Delegate McCuskey filed reports of the Joint Committee on Enrolled Bills as follows:

March 16, 2015

(Com. Sub. for H. B. 2098), Authorizing those health care professionals to provide services to patients or residents of state-run veterans' facilities without obtaining an authorization to practice,

(Com. Sub. for H. B. 2128), Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds,

(Com. Sub. for H. B. 2139), Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes,

(H. B. 2140), Building governance and leadership capacity of county board during period of state intervention,

(Com. Sub. for H. B. 2148), Conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century,

(Com. Sub. for H. B. 2160), WV Schools for the Deaf and Blind eligible for School Building Authority funding,

(Com. Sub. for H. B. 2187), Encouraging public officials to display the national motto on all public property and public buildings,

(H. B. 2213), Reducing the distributions to the West Virginia Infrastructure Fund,

(H. B. 2224), Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

(Com. Sub. for H. B. 2266), Relating to the publication requirements of the administration of estates,

(Com. Sub. for H. B. 2283), Authorizing the Department of Environmental Protection to promulgate legislative rules,

(H. B. 2370), Increasing the powers of regional councils for governance of regional education service agencies,

(Com. Sub. for H. B. 2377), Authorizing State Board of Education to approve certain alternatives with respect to instructional time,

(Com. Sub. for H. B. 2381), Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools,

(H. B. 2461), Relating to delinquency proceedings of insurers,

(Com. Sub. for H. B. 2493), Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications,

(Com. Sub. for H. B. 2496), Adopting the Interstate Medical Licensure Compact,

(Com. Sub for H. B. 2502), Possessing deadly weapons on school buses or on the premises of educational facilities,

(Com. Sub. for H. B. 2536), Relating to travel insurance limited lines producers,

(Com. Sub for H. B. 2550), Increasing the number of unexcused absences of a student

before action may be taken against the parent,

(Com. Sub. for H. B. 2557), Clarifying that an insured driver of a motor vehicle is covered by the driver's auto insurance policy when renting or leasing a vehicle,

(Com. Sub. for H. B. 2571), Creating a fund for pothole repair contributed to by private businesses or entities,

(H. B. 2576), Creating new code sections which separate the executive departments,

(H. B. 2595), Relating to certificates of need for the development of health facilities in this state,

(H. B. 2598), Ensuring that teachers of students with disabilities receive complete information about the school's plan for accommodating the child's disabilities,

(H. B. 2606), Clarifying the potential sentence for disorderly conduct,

(H. B. 2607), Relating to the violation of interfering with emergency services communications and clarifying penalties,

(H. B. 2608), Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders,

(H. B. 2625), Continuing the current hazardous waste management fee,

(Com. Sub. for H. B. 2636), Exempting information contained in a concealed weapon permit application from the Freedom of Information Act,

(Com. Sub. for H. B. 2652), Reducing the assessment paid by hospitals to the Health Care Authority,

(H. B. 2658), Relating to the inspection and slaughter of nontraditional agriculture,

(Com. Sub. for H. B. 2662), Eye Care Consumer Protection Law,

(H. B. 2733), Removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law,

(H. B. 2780), Enhancing the ability of campus police officers at public colleges to perform their duties,

(Com. Sub. for H. B. 2790), Relating to minimum responsibility limits of car insurance,

(H. B. 2797), Changing the term "mentally retarded" to "intellectually disabled"; and changing the term "handicapped" to "disabled",

(H. B. 2884), Modifying training and development requirement for certain members of certain higher education boards,

(H. B. 2888), Allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease,

(H. B. 2892), Authorizing certain legislative rules regarding higher education,

(Com. Sub. for H. B. 2902), West Virginia ABLE Act,

(H. B. 2931), Adding drugs to the classification of schedule I drugs,

(Com. Sub for H. B. 2939), Relating to requirements for mandatory reporting of sexual offenses on school premises involving students,

(Com. Sub. for H. B. 2968), Exempting from property tax certain properties in this state owned by nonprofit youth organizations,

And,

(H. B. 2976), Expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded.

March 19, 2015

(S. B. 273), Relating to brewer, resident brewer and brewpub licensing and operations,

(S. B. 370), Reorganizing Governor's Committee on Crime, Delinquency and Correction and certain subcommittees,

(S. B. 407), Implementing state safety oversight program,

(S. B. 423), Amending Aboveground Storage Tank Act,

(S. B. 430), Permitting mutual protective orders enjoining certain contact between parties to domestic relations actions,

(S. B. 486), Authorizing special license plates for Civil Air Patrol vehicles,

(S. B. 510), Amending Uniform Interstate Family Support Act,

(S. B. 514), Relating to investments of local policemen's and firemen's pension and relief funds,

(S. B. 549), Establishing classifications and salary schedules for State Police forensic lab civilian employees,

And,

(S. B. 581), Relating to courtesy patrol program.

March 20, 2015

(Com. Sub. for H. B. 2240), Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense,

(Com. Sub. for H. B. 2395), Storm Scammer Consumer Protection Act,

(Com. Sub. for H. B. 2766), Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources,

(Com. Sub. for H. B. 2769), Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies,

(Com. Sub. for H. B. 2772), Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor's Office - Purchasing Card Administration Fund,

(H. B. 2884), Modifying training and development requirement for certain members of certain higher education boards,

(H. B. 3020), Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Corrections,

(H. B. 3021), Making a supplementary appropriation to the Department of Health and Human Resources,

(H. B. 3022), Making a supplementary appropriation to the Treasurer's Office, to the State Board of Education, to Mountwest Community and Technical College, to the West Virginia School of Osteopathic Medicine, and to West Virginia State University,

(Com. Sub. for S. B. 60), Requiring food handler examinations and cards,

(Com. Sub. for S. B. 170), Authorizing Bureau of Commerce promulgate legislative rules,

(Com. Sub. for S. B. 199), Authorizing miscellaneous agencies and boards promulgate legislative rules,

(Com. Sub. for S. B. 242), Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness,

(Com. Sub. for S. B. 248), Requiring certain insurance and owner information be provided following car accident,

(S. B. 25), Relating to Conservation Agency financial assistance applications from district supervisors,

(Com. Sub. for S. B. 315), Relating to civil actions filed under Consumer Protection Act,

And,

(S. B. 318), Relating to payment of wages by employers.

March 23, 2015

(Com. Sub. for H. B. 2016), Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,

(S. B. 12), Relating to payment of separated employee's outstanding wages,

(S. B. 19), Specifying minimum early childhood education program instruction days,

(S. B. 30), Permitting shared animal ownership agreement to consume raw milk,

(S. B. 182), Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,

(S. B. 243), Relating to school nutrition standards during state of emergency or preparedness,

(S. B. 352), Expanding scope of cooperative associations to goods and services including recycling,

(S. B. 390), Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects,

(S. B. 415), Relating to circuit judges,

(S. B. 479), Adding additional family court judges,

(S. B. 481), Relating to municipal policemen's and firemen's pension and relief funds' investment,

(S. B. 483), Relating to municipal policemen's and firemen's pension and relief funds, trustees,

(S. B. 488), Creating Broadband Enhancement Council,

(S. B. 515), Relating to Municipal Pensions Oversight Board fund investments,

(S. B. 532), Relating to civil liability immunity for clinical practice plans and medical and dental school personnel,

And,

(S. B. 583), Increasing tax rate on providers of certain nursing facility services.

March 27, 2015

(Com. Sub. for H. B. 2005), Relating to alternative programs for the education of teachers,

(Com. Sub. for H. B. 2011), Relating to disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer,

(H. B. 2161), Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking,

(Com. Sub. for H. B. 2233), Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor's Office,

(Com. Sub. for H. B. 2478), Relating to public school finance,

(Com. Sub. for H. B. 2549), Relating to the preparation and publication of county financial statements,

(H. B. 2663), Creating the Rehabilitation Services Vending Program Fund,

(Com. Sub. for H. B. 2810), Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety,

And,

(Com. Sub. for H. B. 2878), Creating a one-stop electronic business portal in West Virginia.

March 27, 2015

(Com. Sub. for S. B. 37), Creating Revised Uniform Arbitration Act,

(Com. Sub. for S. B. 88), Creating WV Clearance for Access: Registry and Employment Screening Act,

(Com. Sub. for S. B. 140), Amending State Administrative Procedures Act,

(Com. Sub. for S. B. 142), Authorizing Department of Administration promulgate legislative rules,

(Com. Sub. for S. B. 192), Authorizing Department of Transportation promulgate legislative rules,

(S. B. 195), Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs,

(Com. Sub. for S. B. 234), Relating to operation and regulation of certain water and sewer utilities owned by political subdivisions,

(Com. Sub. for S. B. 274), Relating to TANF program sanctions,

(Com. Sub. for S. B. 286), Relating to compulsory immunizations of students; exemptions,

(Com. Sub. for S. B. 287), Providing posthumous high school diplomas,

(S. B. 295), Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions,

(S. B. 304), Relating to farmers markets,

(S. B. 312), Relating to disqualification of general election nominees for failure to file campaign finance statements,

(Com. Sub. for S. B. 316), Exempting new veteran-owned business from certain fees paid to Secretary of State,

(Com. Sub. for S. B. 323), Relating to Municipal Home Rule Pilot Program,

(S. B. 363), Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims,

(S. B. 389), Relating to Board of Registration for Professional Engineers license renewals and reinstatements,

(Com. Sub. for S. B. 393), Reforming juvenile justice system,

(S. B. 425), Providing WVU, MU and WVSOM more authority to invest assets,

(Com. Sub. for S. B. 435), Creating WV Sheriffs' Bureau of Professional Standards,

(Com. Sub. for S. B. 436), Relating to State Athletic Commission,

(Com. Sub. for S. B. 439), Relating to higher education personnel,

(S. B. 447), Allowing issuance of diploma by public, private or home school administrator,

(Com. Sub. for S. B. 453), Relating to motor vehicle dealers, distributors, wholesalers and manufacturers,

(S. B. 518), Permitting county and municipal economic development authorities invest certain funds,

(Com. Sub. for S. B. 523), Creating Alcohol and Drug Overdose Prevention and Clemency Act,

(Com. Sub. for S. B. 529), Relating to PERS, SPRS and TRS benefits and costs,

(Com. Sub. for S. B. 542), Clarifying provisions of Consumer Credit and Protection Act relating to debt collection,

(S. B. 574), Relating to liquor sales by distilleries and mini-distilleries,

(S. B. 577), Allowing higher education governing boards invest certain funds with nonprofit foundations,

(S. B. 582), Relating to Herbert Henderson Office of Minority Affairs,

And,

(S. B. 584), Transferring Cedar Lakes Camp and Conference Center to private, nonstock, not-for-profit corporation.

March 30, 2015

(Com. Sub. for H. B. 2515), Relating to elk restoration,

(Com. Sub for H. B. 2527), Creating a Task Force on Prevention of Sexual Abuse of Children; "Erin Merryn's Law",

(H. B. 2627), Providing protection against property crimes committed against coal mines, utilities and other industrial facilities,

(Com. Sub. for H. B. 2648), Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency,

(Com. Sub. for H. B. 2664), Creating "Andrea and Willy's Law"; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs,

(Com. Sub. for H. B. 2674), Making home schooled students eligible for a PROMISE scholarship without taking the GED test,

(Com. Sub. for H. B. 2793), Relating to exemptions from mandatory school attendance,

(Com. Sub. for H. B. 2811), Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company,

(Com. Sub. for H. B. 2840), Providing an alternative plan to make up lost days of instruction,

(Com. Sub. for H. B. 2867), Requiring recommendations for higher education course credit transfer,

(H. B. 2877), Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes,

(H. B. 2880), Creating an addiction treatment pilot program,

(H. B. 2926), Relating to deferral charges in connection with a consumer credit sale or consumer loan,

And,

(H. B. 3006), Relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies.

April 1, 2015

(H. B. 2492), Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission,

And,

(H. B. 2726), Clarifying choice of laws issues in product's liability actions.

Messages from the Executive

Action of His Excellency, the Governor, on other bills following adjournment of the session, is indicated in communications, addressed to the Secretary of State, as follows:

State of West Virginia

Office of the Governor

Charleston

March 20, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled Committee Substitute for Senate Bill No. 347. Law-enforcement officers throughout the state have voiced overwhelming opposition to this bill. In light of their concerns and in the interest of public safety, I believe a veto is appropriate.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

March 26, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 2187 for a technical reason. Specifically, the bill requires the State Building Commission to develop guidelines for display of the national motto and POW-MIA flag on state buildings and properties. The State Building Commission, however, ceased to exist as of July 1, 2000. See W. Va. Code 5-6-1.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

March 26, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 2571. It would allow private businesses and entities to designate minor road repair projects for the Commissioner of Highways to complete. This program is not a cost effective use of state resources. Further, it would be unduly burdensome for the Commissioner to administer. For these reasons, I disapprove this bill.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

March 31, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill No. 582.

The Herbert Henderson Office of Minority Affairs ("HHOMA") was created to fulfill a statewide mission; that is, to provide a forum to discuss the issues affecting West Virginia's minorities and to recommend strategies to lawmakers and community leaders for addressing those issues. This bill would require HHOMA, which has limited financial resources and consists of one executive director and her assistant, to establish a four year, comprehensive community-based pilot project focusing on public health in one neighborhood of the state.

I cannot fault the Legislature for wanting HHOMA to guide efforts for reviving Charleston's West Side neighborhood. It certainly has the energy and expertise. However, HHOMA lacks sufficient financial resources, human resources, and the time to devote itself to the considerable local undertaking outlined in this bill. Further, its focus on minority issues should not be local; it should be general and statewide. For these reasons, I disapprove Enrolled Senate Bill No. 582.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 2160.

This bill would permit the West Virginia Schools for the Deaf and Blind to be eligible for all sources of funding distributed by the School Building Authority of West Virginia ("SBA"). The SBA has limited resources for funding construction and improvement projects in the public schools throughout West Virginia's fifty-five counties. I recognize the Schools for the Deaf and Blind have substantial improvement needs, and I appreciate the hard work and achievements of the Schools' teachers, aides, and students. However, this bill is problematic because it has the great potential to redirect limited resources away from the fifty-five county boards of education that apply to the SBA for funding.

This bill is also problematic because we do not yet have a firm understanding of what the Schools for the Deaf and Blind's needs are to become financially viable well into the future. Accordingly, I have asked the State Board of Education--which controls, supervises, and manages the Schools--to commission an independent, objective assessment of their needs, both facilities and curriculum-related. Outside experts should also analyze the Schools' continuing viability. Without such an assessment, there is the potential the state could spend limited resources unwisely.

I am committed to continuing to work with the Schools and the Legislature to find an appropriate solution upon completion of the outside assessment. Because this bill is premature and not the appropriate solution, I must disapprove it.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2161.

The bill is technically flawed because its title is defective. See State ex rel. Davis V. Oakley, 156 W. Va. 154, 191 S.E.2d. 610 (1972) (requiring bill title to provide notice of bill's contents). The bill's title does not provide notice that wiretaps are permitted in suspected cases of human trafficking; that business entities are now subject to criminal penalties; and that there is a statute of limitations for claims; among other things. As a result, the title fails to provide adequate notice of the bill's contents, including its criminal penalties. Moreover, this bill creates the Commission on the Prevention of Human Trafficking; however, the bill does not provide a method for paying the commission's expenses. I question why this bill does not have a fiscal note.

Human trafficking is a scourge in states and communities across the country. Legislation designed to raise consciousness about this epidemic and hold accountable those who exploit human trafficking victims in West Virginia is a step in the right direction. Therefore, I encourage the legislature to resolve the foregoing issues related to this bill and to present it for my signature during the 2016 Regular Session of the Legislature.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 2240. This bill seeks to establish that strangulation is a criminal offense. However, there are numerous criminal offenses in the West Virginia Code that already prohibit and punish strangulation. See, e.g., W. Va. Code 61-2-9 (malicious or unlawful assault; assault; battery) and 61-2-28 (domestic violence). I disapprove this bill because it is duplicative of existing law.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill No. 2576 because it is technically flawed. For example, the bill refers to boards and commissions that have been repealed; the bill incorrectly identifies several boards and commissions; and the bill contains several incorrect internal West Virginia Code citations. Moreover, page 8, lines 41-49 contain numbering issues, including two subdivisions numbered (8). For these technical reasons and others, I must disapprove the bill.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove House Bill No. 2627 because it is technically flawed.

The bill establishes, among other things, a new criminal offense for the damage or destruction of certain commercial or industrial property relating to the protection of health or safety. See page 3, lines 40-54. The bill designates this offense a felony. However, its punishment provision does not include a period of confinement in the penitentiary.

According to W. Va. Code 61-11-1, a felony offense is defined as being "punishable by confinement in the penitentiary." See also Black's Law Dictionary (9th ed. 2009) (defining felony as "[a] serious crime usually punishable by imprisonment for more than one year or by death"). Crimes that are not punished in this manner are considered misdemeanors. This bill is fundamentally flawed because the crime does not meet the definition of felony.

For this technical reason, I must disapprove the bill.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 215

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove House Bill No. 2674.

This bill modifies the eligibility requirements for home school students to receive the PROMISE scholarship. The PROMISE scholarship is a merit-based financial aid program for West Virginia residents who meet certain academic requirements, including graduating from high school with a cumulative grade point average of 3.0 or higher or earning a general equivalency degree ("GED"). This bill eliminates the GED requirement.

Eliminating the requirement that home school students show mastery of certain subjects, rather than simply complete a course of study, provides an unfair advantage for those students to receive a PROMISE scholarship. It could also create an incentive for some students to drop out of the public school system if their performance does not meet the required GPA standard to be eligible for the PROMISE scholarship. I believe this type of advantage was not intended when the Legislature created this merit-based program. Therefore, I disapprove the bill.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I disapprove Enrolled Committee Substitute for House Bill No. 2793 for the following reasons.

The bill eliminates several requirements associated with the provision of home instruction to children that are necessary and appropriate. First, the bill eliminates the requirement of two weeks' notice to remove a child from public school for the purpose of commencing home instruction. This is important to ensure there are no underlying issues associated with truancy or other attendance problems. Second, the bill removes the requirement that a plan of instruction be submitted annually. This requirement helps ensure that a home schooled child will receive adequate instruction each year to develop at a rate comparable to his or her peers, beyond an annual assessment to take place after the school year. Third, the bill eliminates the prohibition on permitting a child's parent or legal guardian to administer a nationally normed standardized achievement test for purposes of the annual assessment. This prohibition protects a parent or legal guardian from any appearance of impropriety or conflict of interest in such a testing situation. Finally, the bill eliminates the provision requiring a parent or legal guardian to pay the cost of an academic assessment that takes place outside of a public school. This leaves 18-8-1 of the West Virginia Code unclear as to who or what entity is responsible for paying the costs of the annual assessment.

For the foregoing reasons, I disapprove Enrolled Committee Substitute for House Bill No. 2793.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for House Bill No. 2840.

This bill would allow county boards of education to substitute up to four days of in-school instructional time with at-home instructional time in certain instances. As a result, students may only receive 176 days of in-school instructional time instead of 180 separate days as required under current law. One of my goals in Senate Bill No. 359, signed into law in 2013, was to ensure students receive 180 separate days of in-school instruction. This bill takes a step backward in meeting this goal and is directly at odds with my comprehensive education reform bill.

I encourage county boards of education to continue exploring options to meet the required 180 separate days of in-school instruction to ensure our state's students receive a thorough and efficient education.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Committee Substitute for Senate Bill No. 19.

This bill changes the requirement that all county boards of education offer early childhood education programs five days per week. Specifically, it relaxes this requirement and allows boards to offer four day programs. One of my goals through Senate Bill No. 359, signed into law in 2013, was to ensure parents had the option to send their child to a five day per week early childhood education program, except in certain limited instances where the five day requirement is waived. The changes made in Enrolled Committee Substitute for Senate Bill No. 19 diminish the educational requirements currently in place. It takes a step backward in meeting the goals of comprehensive education reform I championed.

I believe offering five day per week programs for early childhood education is critical to meet the developmental needs of our state's students. Consequently, I must disapprove this bill.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 1, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I disapprove Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 30 for the following reasons.

Signing this bill into law would pose a serious risk to public health. First, the bill acknowledges that consuming raw milk has inherent dangers and that it may contain "bacteria that is particularly dangerous to children, pregnant women and those with compromised immunity." A product with these types of health risks should be subject to more supervision than merely requiring a person to release the seller from liability for such risks. Second, the bill lacks provisions regarding oversight and regulatory authority with respect to sanitation or the handling and storage of raw milk. Given the health implications of the bill, the Bureau for Public Health should have been given oversight and regulatory authority in raw milk production.

For the foregoing reasons, I disapprove Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 30.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 2, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled House Bill No. 2776.

This bill allows physician assistants, advance practice registered nurses, and optometrists to prescribe "hydrocodone combination drugs to a patient for a duration of no more than three days per thirty day period." The term "hydrocodone combination drug" is not defined in the West Virginia Code, nor is it defined in the bill. This creates ambiguity because it is not clear which drugs listed in the schedules contained in chapter sixty-a, article two of the Code may be prescribed. Further, the language added to the Code in this bill directly conflicts with other sections of the Code. For example, 30-3E-3(a)(7), 30-7-15a(c), and 30-8-6 expressly prohibit these professionals from prescribing Schedule I and II drugs in contrast to the added language in the bill. Finally, and perhaps most importantly, this bill does not place any limit on the aggregate dosage that may be prescribed in a seventy-two hour period.

In an effort to continue combating the substance abuse problem in West Virginia, it is critical that the law is clear in identifying what drugs our state's practitioners may prescribe and the amount thereof. Because this bill is ambiguous and in conflict with existing provisions of the code, I must disapprove it.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 2, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary of State Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill No. 549.

This bill increases the annual salaries of certain civilian employees within the West Virginia State Police Forensic Laboratory, including civilian evidence technicians, forensic analysts and forensic analyst supervisors. Just last year, these same employees received a twenty percent salary increase across-the-board. See Enrolled Committee Substitute for Committee Substitute for Senate Bill No. 486 (2014). Although I value the work performed by the State Police Forensic Laboratory, I am not comfortable with approving back-to-back pay raises during a year in which many other State employees are going without any pay increase.

For this reason, I disapprove Enrolled Senate Bill No. 549.

Sincerely,

Earl Ray Tomblin,

Governor.

State of West Virginia

Office of the Governor

Charleston

April 3, 2015

Veto Message

The Honorable Natalie E. Tennant

Secretary of State

State Capitol

Charleston, West Virginia

Dear Secretary Tennant:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove Enrolled Senate Bill No. 584.

The Board of Education has made laudable efforts to determine the best course of future action related to the Cedar Lakes Camp and Conference Center and I support the transfer of the camp to a private, nonstock, not-for-profit corporation. However, 18-2L-8(d) of the bill provides for an unexpected increase in separation costs that will result in substantial taxpayer expense.

I encourage the Board of Education to work with the Legislature to remedy this issue in the future; however, as it was presented, I must disapprove the bill.

Sincerely,

Earl Ray Tomblin,

Governor.

Messages

Senators D. Hall, Ferns and Plymale, announced that the Senate had completed the business of this First Regular Session and was ready to adjourn sine die.

Delegate Ashley, from the committee to notify the Senate of impending sine die adjournment, announced that the committee had performed that duty.

Delegate Shott from the committee to inform His Excellency, the Governor, that the Legislature had completed the business of this First Regular Session and was ready to adjourn sine die, announced the performance of that duty.

Messages from the Executive

Subsequent to the adjournment of the session, Communications were received from His Excellency, the Governor, advising that on March 18, 2015, he approved Com. Sub. for S. B. 6, S. B. 89, S. B. 283, S. B. 292, S. B. 322, S. B. 332, Com. Sub. for S. B. 366, Com. Sub. for S. B. 373, S. B. 411, Com. Sub. for S. B. 454, S. B. 455; and on March 20, 2015, he approved H. B. 3020 and H. B. 3021; on March 24, 2015, he approved S. B. 106, Com. Sub. for S. B. 242, Com. Sub. for S. B. 243, Com. Sub. for S. B. 248, S. B. 250, Com. Sub. for S. B. 261, S. B. 267, Com. Sub. for S. B. 273, Com. Sub. for S. B. 336, Com. Sub. for S. B. 342, Com. Sub. for S. B. 352, Com. Sub. for S. B. 390, S. B. 403, Com. Sub. for S. B. 407, S. B. 412, S. B. 415, S. B. 418, Com. Sub. for S. B. 430, S. B. 479, S. B. 489, S. B. 502, S. B. 514, S. B. 515, S. B. 532, S. B. 545, S. B. 559 and S. B. 578; on March 25, 2015, he approved Com. Sub. for H. B. 2053, Com. Sub. for H. B. 2098, H. B. 2213, H. B. 2224, Com. Sub. for H. B. 2462, Com. Sub. for H. B. 2505, Com. Sub. for H. B. 2507, Com. Sub. for H. B. 2550, Com. Sub. for H. B. 2557, Com. Sub. for H. B. 2562, H. B. 2598, H. B. 2606, H. B. 2626, H. B. 2632, H. B. 2645, H. B. 2657 and H. B. 2658; and on March 26, 2015, he approved S. B. 318, Com. Sub. for S. B. 344, S. B. 370, Com. Sub. for S. B. 409, Com. Sub. for S. B. 421, Com. Sub. for S. B. 488, S. B. 581, S. B. 583, Com. Sub. for H. B. 2139. J/ B/ 2140, H. B. 2370, Com. Sub. for H. B. 2381 and H. B. 2535; and on March 27, 2015, he approved H. B. 2100, H. B. 2272, Com. Sub. for H. B. 2377, Com. Sub. for H. B. 2502, Com. Sub. for H. B. 2586, H. B. 2608, H. B. 2625, Com. Sub. for H. B. 2652, H. B. 2884, Com. Sub. for H. B. 2968, H. B. 2976, Com. Sub. for S. B. 60, Com. Sub. for S. B. 277, S. B. 310, S. B. 360, Com. Sub. for S. B. 423 and Com. Sub. for S. B. 486; and on March 31, 2015, he approved Com. Sub. for H. B. 2011, Com. Sub. for H. B. 2128, Com. Sub. for H. B. 2233, Com. Sub. for H. B. 2266, Com. Sub. for H. B. 2283, Com. Sub. for H. B. 2478, Com. Sub. for H. B. 2496, Com. Sub. for H. B. 2549, Com. Sub. for H. B. 2867, Enr. H. B. 2880, Com. Sub. for H. B. 2902, Com. Sub. for S. B. 12. Com. Sub. for S. B. 37, Com. Sub. for S. B. 140, Com. Sub. for S. B. 192, S. B. 195, Com. Sub. for S. B. 234, Com. Sub. for S. B. 274, Com. Sub. for S. B. 286, Com. Sub. for S. B. 287, S. B. 304, S. B. 312, Com. Sub. for S. B. 316, Com. Sub. for S. B. 323, S. B. 363, S. B. 425, Com. Sub. for S. B. 435, S. B. 481, S. B. 483, S. B. 510, Com. Sub. for S. B. 542 and S. B. 574; on April 1, 2015, he approved Com. Sub. for H. B. 2395, H. B. 2461, Com. Sub. for H. B. 2527, Com. Sub. for H. B. 2536, H. B. 2595, Com. Sub. for H. B. 2636, Com. Sub. for H. B. 2662, H. B. 2663, Enr. H. B. 2664, H. B. 2733, Com. Sub. for H. B. 2790, Com. Sub. for H. B. 2810, Com. Sub. for H. B. 2811, H. B. 2877. Com. Sub. for H. B. 2878, S. B. 295, S. B. 389, Com. Sub. for S. B. 439; on April 2, 2015, he approved Com. Sub. for S. B. 88, Com. Sub. for S. B. 142, Com. Sub. for S. B. 170, Com. Sub. for S. B. 199, Com. Sub. for S. B. 315, Com. Sub. for S. B. 393, Com. Sub. for S. B. 436, S. B. 447, S. B. 518, Com. Sub. for S. B. 523, S. B. 576 and S. B. 577; H. B. 2492, H. B. 2515, Second Enr. Com. Sub. for H. B. 2648, H. B. 2726, H. B. 2926, H. B. 2931, Com. Sub. for H. B. 2999 and Com. Sub. for H. B. 3006.

There being no further business to come before the House, at 5:23 p.m., on motion of Delegate Cowles, the House of Delegates adjourned sine die.

___________*__________

We hereby certify that the forgoing record of the proceedings of the House of Delegates, First Regular Session, 2015, is the Official Journal of the House of Delegates for said session.

_____________________________

Tim Armstead

Speaker of the House of Delegates

____________________

Stephen J. Harrison

Clerk of the House of Delegates