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House Journal


Day 01 (01-10-2018) - [PDF]
Day 02 (01-11-2018) - [PDF]
Day 03 (01-12-2018) - [PDF]
Day 06 (01-15-2018) - [PDF]
Day 07 (01-16-2018) - [PDF]
Day 08 (01-17-2018) - [PDF]
Day 09 (01-18-2018) - [PDF]
Day 10 (01-19-2018) - [PDF]
Day 13 (01-22-2018) - [PDF]
Day 14 (01-23-2018) - [PDF]
Day 15 (01-24-2018) - [PDF]
Day 16 (01-25-2018) - [PDF]
Day 17 (01-26-2018) - [PDF]
Day 20 (01-29-2018) - [PDF]
Day 21 (01-30-2018) - [PDF]
Day 22 (01-31-2018) - [PDF]
Day 23 (02-01-2018) - [PDF]
Day 24 (02-02-2018) - [PDF]
Day 27 (02-05-2018) - [PDF]
Day 28 (02-06-2018) - [PDF]
Day 29 (02-07-2018) - [PDF]
Day 30 (02-08-2018) - [PDF]
Day 31 (02-09-2018) - [PDF]
Day 34 (02-12-2018) - [PDF]
Day 35 (02-13-2018) - [PDF]
Day 36 (02-14-2018) - [PDF]
Day 37 (02-15-2018) - [PDF]
Day 38 (02-16-2018) - [PDF]
Day 41 (02-19-2018) - [PDF]
Day 42 (02-20-2018) - [PDF]
Day 43 (02-21-2018) - [PDF]
Day 44 (02-22-2018) - [PDF]
Day 45 (02-23-2018) - [PDF]
Day 48 (02-26-2018) - [PDF]
Day 49 (02-27-2018) - [PDF]
Day 50 (02-28-2018) - [PDF]
Day 51 (03-01-2018) - [PDF]
Day 52 (03-02-2018) - [PDF]
Day 53 (03-03-2018) - [PDF]
Day 55 (03-05-2018) - [PDF]
Day 56 (03-06-2018) - [PDF]
Day 57 (03-07-2018) - [PDF]
Day 58 (03-08-2018) - [PDF]
Day 59 (03-09-2018) - [PDF]

 

 

West Virginia Legislature

JOURNAL

OF THE

HOUSE OF DELEGATES

 

 

EIGHTY-THIRD LEGISLATURE

SECOND REGULAR SESSION

HELD AT CHARLESTON

PUBLISHED BY THE CLERK OF THE HOUSE

 

__________*__________

 

 

 

Friday, March 9, 2018

FIFTY-NINTH 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 Thursday, March 8, 2018, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Hanshaw, Chair of 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 8th day of March, 2018, 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 H. B. 2696, Relating to crossbow hunting,

Com. Sub. for H. B. 4175, Preventing requirement that an advanced practice registered nurse participate in a collaborative relationship to obtain payment,

H. B. 4332, Relating to home peritoneal renal dialysis,

Com. Sub. for H. B. 4619, Relating to supporting implementation of comprehensive systems for teacher and leader induction and professional growth,

            Com. Sub. for H. B. 2694, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas,

Com. Sub. for H. B. 2843, Permitting Class III municipalities to be included in the West Virginia Tax Increment Act,

Com. Sub. for H. B. 2890, Establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects,

Com. Sub. for H. B. 3104, Transfer of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund,

Com. Sub. for H. B. 4022, Exempting the consumer sales and service tax and use tax for services for the repair, remodeling and maintenance of certain aircraft,

Com. Sub. for H. B. 4138, Requiring certain public or private schools and daycare centers to install carbon monoxide detectors,

Com. Sub. for H. B. 4199, Permitting a nursing home to use trained individuals to administer medication,

H. B. 4285, Relating to the West Virginia Safe Mortgage Licensing Act,

And

H. B. 4385, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Human Services.

                                                            Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2028, Relating to the venue for suits and other actions against the state.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2464, Relating to disclaimers and exclusions of warranties in consumer transactions for goods.

            On motion of Delegate Cowles, the House of Delegates concurred in the following amendment of the bill by the Senate:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 6. GENERAL CONSUMER PROTECTION.

§46A-6-107. Disclaimer of warranties and remedies prohibited.

(a) Notwithstanding any other provision of law to the contrary Except as otherwise provided in subsection (b) of this section, with respect to goods which are the subject of or are intended to become the subject of a consumer transaction, no merchant shall may:

(1) Exclude, modify, or otherwise attempt to limit any warranty, express, or implied, including the warranties of merchantability and fitness for a particular purpose; or

(2) Exclude, modify or attempt to limit any remedy provided by law, including the measure of damages available, for a breach of warranty, express, or implied.

Any such exclusion, modification or attempted limitation shall be void.

(b) A consumer who purchases a used manufactured home may waive the warranties of merchantability and fitness for a particular purpose, or waive a warranty as to a particular defect or malfunction which the merchant has identified and disclosed in writing to the consumer, if the used manufactured home is not being sold for human habitation: Provided, That notice be posted on the front door of the used manufactured home that it is not being sold for human habitation: Provided, however, That the waiver is not effective unless the waiver:

(1) Is in writing;

(2) Is conspicuous and is in plain language;

(3) Identifies with particularity the disclosed defect or malfunction, if any, in the used manufactured home for which the warranty is to be waived;

(4) Describes any additional defects or malfunctions, if any, disclosed to the merchant by a previous owner of the used manufactured home or discoverable by the merchant after an inspection of the used manufactured home;

(5) States that the warranty being waived applies only to the disclosed defect or malfunction, if any, to the extent the merchant intends to waive a warranty as to a specific defect;

(6) Acknowledges that the used manufactured home will not be used for human habitation: Provided, That the consumer shall sign or initial such provision in order to evidence the consumer’s acknowledgment thereof; and

(7) Is signed by both the consumer and the merchant before the sales contract is executed.

For purposes of this subsection, ‘used manufactured home’ means a manufactured home, as defined in §21-9-2 of this code, that is more than four years old from its date of production and has previously been occupied, used, or sold for purposes other than resale.

And,

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

Com. Sub. for H. B. 2464 - “A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers and exclusions of warranties for used manufactured homes; providing that a consumer may waive the warranties of merchantability and fitness for a particular use; providing that a consumer may waive a particular defect or malfunction which the merchant has identified and disclosed in writing to the consumer; providing for the manner and content of waivers; and providing a definition.”

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 433), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:

Absent and Not Voting: Barrett, Deem, Fluharty, Hicks, Isner, Lovejoy, R. Romine and White.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2464) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2916, Authorizing certain first responders to carry firearms.

            Delegate Foster moved that the House of Delegates concur in the following amendment of the bill by the Senate, with further title amendment:

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 3. ATTORNEY GENERAL.

§5-3-6. Attorney General’s investigators authority to carry concealed weapon.

(a) The Attorney General may allow, consistent with the provisions of this section, an investigator to carry a concealed firearm while performing his or her official duties.

(b) An investigator employed by the Attorney General may carry a concealed firearm approved by the Attorney General solely for purposes of defense of self or others if the investigator has:

(1) Obtained the written authorization by the Attorney General;

(2) Been determined not to be prohibited from possessing a firearm under state or federal law;

(3) Obtained and maintains a concealed handgun license pursuant to §61-7-1 et seq. of this code; and

(4) Successfully completed a firearms training and certification program equivalent to that provided to officers attending the entry level law-enforcement certification course provided at the West Virginia State Police Academy. The investigator must thereafter successfully complete an annual firearms qualification counsel equivalent to that required of certified law-enforcement officers as established by legislative rule. The Attorney General may reimburse the investigator for the cost of the training and requalification.

(c) Neither the state, a political subdivision, an agency nor an employee of the state acting in an official capacity, may be held personally liable for an act of an investigator employed by the Attorney General if the act or omission was done in good faith while the investigator was performing official duties or responsibilities under the office of the Attorney General.

CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.

§6-3-1a. Deputy sheriff's reserve; purpose; appointment and qualifications of members; duties; equipment; attire; training; oath; bond; not employee of sheriff or county commission for certain purposes; limitation on liability.

(a) The sheriff of any county may, for the purposes set forth in this section, designate and appoint a deputy sheriffs' reserve, hereinafter referred to as ‘reserve’ or ‘reserves”. A reserve may not be designated or created without the prior approval of the county commission for the establishment of the reserve.

(b) Each sheriff may appoint as members of the reserve bona fide citizens of the county who are of good moral character and who have not been convicted of a felony or other crime involving moral turpitude. Any person appointed shall serve at the will and pleasure of the sheriff and is not subject to the provisions of §7-14-1 et seq. seven of this code. A member of the reserve may not engage in any political activity or campaign involving the office of sheriff or from which activity or campaign the sheriff or candidates for sheriff appointing the member would directly benefit.

(c) Members of the reserves shall not serve as law-enforcement officers, nor carry firearms, except that a member of the reserves may carry a firearm approved by the sheriff while acting in the capacity as a reserve deputy sheriff solely for purpose of defense of self or others, if that member has

(1) obtained the written authorization of the sheriff;

(2) been determined not to be prohibited from possessing a firearm under state or federal law; and

(3) successfully completed a firearms training and certification program equivalent to that provided to officers attending the entry level law-enforcement certification course provided at the West Virginia State Police Academy. The member must thereafter successfully complete an annual firearms qualification course equivalent to that required of certified law-enforcement officers as established by legislative rule. The department may reimburse the member for the cost of the training and requalification. but

Members may carry other weapons, provided that the sheriff certifies in writing to the county commission that the reserve has met the special training requirements for the weapon as established by the Governor's Committee on Crime, Delinquency and Corrections. The Governor's Committee on Crime, Delinquency and Corrections is authorized to promulgate may propose legislative rules for promulgation and emergency rules pursuant to the provisions of §29A-3-1 et seq. this code to establish appropriate training standards. The reserves may be provided with radio communication equipment for the purpose of maintaining contact with the sheriff's department or other law-enforcement agencies. The duties of the reserves shall be limited to crowd control or traffic control and direction within the county. In addition, the reserves may perform such any other duties of a nonlaw-enforcement nature as are designated by the sheriff or by a deputy sheriff designated and appointed by the sheriff for that purpose: Provided, That a member of the reserves may not aid or assist any law-enforcement officer in enforcing the statutes and laws of this state in any labor trouble or dispute between employer and employee.

(d) Members of the reserves may be uniformed; however, if so uniformed, the uniforms shall clearly differentiate these members from other law-enforcement deputy sheriffs.

(e) After appointment to the reserves, but prior to service each member of the reserves shall receive appropriate training and instruction in their his or her functions and authority as well as the limitations of authority. In addition, each member of the reserves shall annually receive in-service training.

(f) Each member of the reserve shall take the same oath as prescribed by section five, article IV of the Constitution of the State of West Virginia, but the taking of the oath does not serve to make the member a public officer.

(g) The county commission of each county shall provide for the bonding and liability insurance of each member of the reserve.

(h) A member of the reserve is not an employee of either the sheriff or of the county commission for any purpose or purposes, including, but not limited to, the purposes of workers' compensation, civil service, unemployment compensation, public employees retirement, public employees insurance, or for any other purpose. A member of the reserves may not receive any compensation or pay for any services performed as a member, nor may a member use the designated uniform for any other similar work performed.

(i) Neither the county commission nor the sheriff is liable for any of the acts of any member of the reserves except in the case of gross negligence on the part of the county commission or sheriff in the appointment of the member or in the case of gross negligence on the part of either the sheriff or any of his or her deputies in directing any action on the part of the member.”

And,

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

Com. Sub. for H. B. 2916 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-6 and to amend and reenact §61-3a of said code all relating to authorizing investigators employed by the Attorney General to carry a concealed handgun while engaged in official duties; requiring such investigators to obtain and maintain a concealed handgun license; establishing training and recertification requirements; authorizing certain reserve deputy sheriffs to carry firearms; requiring written permission of the sheriff to carry a firearm while acting as a reserve deputy sheriff; authorizing the carrying of a firearm by on-duty reserve deputies only for purposes of defense of self or others, establishing qualifications to carry; specifying the training required for such persons to be eligible to carry a firearm; and allowing for reimbursement for the cost of the training.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 434), and there were--yeas 79, nays 12, absent and not voting 8, with the nays and absent and not voting being as follows:

Nays: Brewer, Canestraro, Caputo, Ferro, Fleischauer, Iaquinta, Love, Lynch, Miley, Pethtel, Pyles and Williams.

Absent and Not Voting: Barrett, Deem, Eldridge, Fluharty, Hicks, Isner, Lovejoy and R. Romine.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2916) passed.

On motion of Delegate of Hanshaw, the title of the bill was amended to read as follows:   Com. Sub. for H. B. 2916 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-6 and to amend and reenact §6-3-1a of said code all relating to authorizing the carrying of firearms; authorizing investigators employed by the Attorney General to carry a concealed handgun while engaged in official duties; requiring such investigators to obtain and maintain a concealed handgun license; establishing training and recertification requirements; authorizing certain reserve deputy sheriffs to carry firearms; requiring written permission of the sheriff to carry a firearm while acting as a reserve deputy sheriff; authorizing the carrying of a firearm by on-duty reserve deputies only for purposes of defense of self or others, establishing qualifications to carry; specifying the training required for such persons to be eligible to carry a firearm; and allowing for reimbursement for the cost of the training.”

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 51, Relating to domestic relations.

            On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Foster, Harshbarger and Isner.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

S. B. 282, Exempting State Conservation Committee from Purchasing Division requirements for contracts related to flood recovery.

            On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Hanshaw, Ambler and Byrd.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

S. B. 545, Relating to driving privileges and requirements for persons under 18.

            On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Zatezalo, Hollen and Isner.

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

Resolutions Introduced

            Mr. Speaker, Mr. Armstead and Delegates Miley and Bates offered the following resolution, which was reported by the Clerk:

H. R. 13 - “Recognizing the Fiftieth Anniversary of the establishment of the Commission on Special Investigations and commending the work of its staff.”

Whereas, The West Virginia Legislature established a Purchasing Practices and Procedures Commission by concurrent resolution in 1968 during its Second Extraordinary Session to monitor the state’s contracting and purchasing practices to prevent abuses that had been uncovered in the past; and

Whereas, The Purchasing Practices and Procedures Commission drafted legislation in 1970 that became the basis for state government purchasing procedures that have continued to the present day and, in that same year, the commission drafted the language for the Bribery and Corrupt Practices Act that is now codified in Chapter 61 of the West Virginia Code; and

Whereas, This commission began with a staff of just two employees and the Legislature soon saw the need to dedicate more resources to the mission of the commission, establishing it as a statutory body in 1971; and

Whereas, This commission was and is a unique institution, composed of members of the Legislature and staffed by professional investigators to serve as a special investigatory team for the Legislature; and

Whereas, This commission was renamed the Commission on Special Investigations in 1980 and, at that time, the role of the commission was extended to include the investigation of conflicts of interest, bribery of state officials, malfeasance, and misfeasance of state officials and employees; and

Whereas, After these duties were added, the new commission hired Gary Slater, a retired State Trooper who had previously been assigned to the commission, to become its Director, a position in which he served for 25 years; and

Whereas, The Commission on Special Investigations has worked with nearly every federal agency that has investigatory powers, including, but not limited to, the Federal Bureau of Investigation, Internal Revenue Service, Department of Health and Human Services, Secret Service, U.S. Marshall Service, Environmental Protection Agency, and General Services Administration; and

Whereas, This commission and its employees have, over the years, received numerous awards and commendations for outstanding investigation by United States Attorneys in Northern and Southern Districts, state executive agencies, the Attorney General’s office, and county prosecutors across the state, as well as uncountable accolades from private citizens and government workers; and

Whereas, The commission staff now includes six investigators with combined experience of over 200 years in law enforcement and investigation and who have served the Legislature and the state with distinction; therefore, be it

Resolved by the House of Delegates:

That the House of Delegates hereby recognizes the Fiftieth Anniversary of the establishment of the Commission on Special Investigations and commends the work of its staff; and, be it

Further Resolved, That the Clerk of the House deliver a copy of this resolution to the staff of the Commission on Special Investigations.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Delegates R. Miller, Bates, Boggs, Brewer, Byrd, Campbell, Canestraro, Caputo, Eldridge, E. Evans, Ferro, Fluharty, Frich, Hartman, Hicks, Iaquinta, Lane, Longstreth, Love, Lovejoy, Lynch, Marcum, Maynard, Miley, Moye, Pushkin, Pyles, Robinson, Rodighiero, Sponaugle, Thompson, Ward and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 14 - “Expressing support for Taiwan’s signing of a Bilateral Trade Agreement with the United States, reaffirming support for Taiwan’s meaningful participation and contribution in international organizations, and expressing a desire for strengthening and expanding sister-state ties between the State of West Virginia and Taiwan.”

Whereas, The Republic of China (Taiwan) and the United States have enjoyed a longstanding partnership and share the common values of freedom, democracy, human rights, and the rule of law. In 2018, Freedom House ranked by Taiwan as the second freest country in Asia, and the Heritage Foundation rated Taiwan as third in Asia in terms of economic freedom, demonstrating the strength and vitality of its democratic system and showcasing Taiwan as a beacon of democracy for Asia and beyond; and

Whereas, The State of West Virginia is proud of the sister-state relationship it has enjoyed with Taiwan since August 4, 1980, marked by strong bilateral trade, education and cultural exchange. In 2017, the bilateral trade between West Virginia and Taiwan amounted to nearly $64 million, making Taiwan our seventh-largest Asian trading partner, demonstrating that Taiwan is not only a friendly sister-state of West Virginia but also an important trading partner; and

Whereas, The United States is Taiwan’s second largest trading partner and second-largest destination of Taiwan outward investment. Taiwan is the eleventh largest trading partner of the United States, with bilateral trade reaching $68.2 billion in 2017, eighth largest export destination for U.S. agricultural goods, and, overall, the  fourteenth largest export market; and

Whereas, West Virginia welcomes all opportunities for an even closer economic partnership to increase trade and investment and endorses Taiwan’s effort to secure the signing of a U.S.-Taiwan Bilateral Trade Agreement, to boost greater West Virginia exports to Taiwan and to bring in more Taiwanese investment such as the $34 million project which Far Eastern New Century Corporation recently announced; and

Whereas, In the 2016/17 academic year, 21,516 students from Taiwan studied in the U.S., making Taiwan the seventh leading place of origin for students coming to the U.S. and contributed more than $738 million to the U.S. economy, through their spending on tuition, accommodation and living expenses; and

Whereas, Taiwan pursues a “New Southbound Policy” to promote more diverse bilateral and multilateral collaboration with Southeast Asia, South Asia, Australia and New Zealand, serving the best interests of the Asia-Pacific region in the continuation of stability and growth; and

Whereas, Taiwan has been proven to be a very valuable contributor in a broad range of global issues, and it is necessary be granted access to meaningfully participate in various international organizations including the World Health Organization (WHO), International Civil Aviation Organization (ICAO), United Nation Framework Convention on Climate Change (UNFCCC), and International Criminal Police Organization (INTERPOL); therefore, be it

Resolved by the House of Delegates:

That the House of Delegates hereby (reaffirms) its commitment to the strengthening and deepening of the sister-state relationship between Taiwan and the State of West Virginia; (commends) Taiwan’s vibrant full-fledged democracy; (endorses) Taiwan’s efforts to secure the signing of Bilateral Trade Agreement with the United States; and (continues) to support Taiwan’s meaningful participation and contribution in international organizations which impact the health, safety, and well-being of its people, and supports its aspiration to make more contribution in international societies; and, be it

            Further Resolved, That the Clerk of the House hereby directed to forward a copy of this resolution be sent to the Honorable Jim Justice, Governor of West Virginia, and to Mr. Stanley Kao, Representative of the Taipei.

            Delegates Rowan, Boggs, Eldridge, A. Evans, Ferro, Fleischauer, Graves, Kelly, Love, Lovejoy, Lynch, Martin, Maynard, Moye, Paynter, Pethtel, Pyles, Queen, Rohrbach, C. Romine, R. Romine, Sypolt, White and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 111 - “Requesting the Joint Committee on Government and Finance study the issues, needs and challenges facing senior citizens in this state and study the feasibility of developing and providing additional effective tools, resources, and best practices to address the health, safety, welfare and other concerns of our senior citizens.”

Whereas, West Virginia has the third largest percentage of senior population in the nation; over 16 percent of West Virginians are senior citizens 65 years of age or older. It has been projected that by 2035, the senior citizen population will constitute almost one fourth of the state’s total population; and        

Whereas, It is well known that many of our seniors lack adequate resources and have limited financial ability to meet their needs for increased services for the necessities of life, such as personal care, health care, housing, utilities, nutrition, transportation, and mobility needs and, ultimately, long-term care which they need and have the decreasing ability to provide for themselves as they mature; and

Whereas, Findings from recent studies reveal several negative trends of seniors in this state: Approximately 45 percent of West Virginia seniors have a disability, compared to 37 percent nationally; one in three elder state residents is in fair to poor health; for approximately one in three seniors, Social Security is the sole source of income; and relatively few of those seniors eligible take advantage of other supports like SNAP or utility assistance; and

Whereas, The increasing demand for current public, as well as private senior services in West Virginia already has become an increasing topic of concern by public as well as private agencies and service providers serving seniors in the state as well as various private senior advocacy groups; and

Whereas, There is an increase of children being raised in this state by senior grandparents who assume the responsibility to care for these children because of unstable parents. These seniors in many instances face difficulties or are denied the ability to attend to the child’s educational needs and may be denied other public benefits available for the child as a result of not having proper legal guardianship or custody, thereby resulting in increased physical, emotional and financial strain on these senior grandparents; and

Whereas, These senior demographic trends are going to have increasing consequences for senior citizens and their families as well as on the many state and local programs that provide senior services; and

Whereas, The Legislature finds that these emerging complex issues facing seniors today and in the immediate future in this state need to be addressed by a comprehensive study and examination; therefore, be it         

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources, and best practices to address the health, safety, welfare and other concerns of our senior citizens; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Eldridge, Maynard, R. Miller, Barrett, Rodighiero, Marcum, Love, Diserio, Phillips, White and Kelly offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 112 - “Requesting the Division of Highways to make and erect signs on the roads entering the town of Madison in Boone County, proclaiming that Madison is the ‘Home of Professional Boxing Champion Perry ‘The Punisher’ Ballard’.”

Whereas, Perry Ballard, known as ‘The Punisher’ during his days as a professional boxer, was born on June 19, 1967, in Madison; and

Whereas, During his illustrious boxing career, Mr. Ballard held the following titles:

United States Boxing Council (USBC) Middleweight Title;

WBF Intercontinental Welterweight Title;

WBS Intercontinental Welterweight Title;

GBF Intercontinental Welterweight Title;

WBE Welterweight Title;

WBE Middleweight Title; and

WBE Light Middleweight Title; and

Whereas, On his growing up, Mr. Ballard said, “Being born and raised in southern West Virginia, one becomes tough on the day that you are born. The ups and downs of the coal industry indirectly touches everyone’s lives. When the railroad trains are not carrying coal cars out of the mountains, it symbolizes that in the majority of the area there is no work. I was born the 8th child of 10 children from a father who worked on the railroad for 43 and a half years (with no lost time injury ever reported) and a mother who could whip up a goulash supper when there was no money to buy groceries. Tough was a standard. Being tough was savoring the moment to go to school the next day to get a breakfast and lunch to ease the pain”; and

Whereas, Mr. Ballard’s biggest bout came against Boxing Hall of Fame inductee Hector “Macho” Camacho at Reliant Arena in Houston, Texas. But when asked what might be his most satisfying bouts he said, “You know it is really hard to say what was my most satisfying victory. One in particular, I had my jaw broken in the second round yet went 7 more rounds before TKO’ing my opponent and taking the victory. After a stop at my sponsor (the Moose Lodge in Leesburg, Virginia), I immediately went to the hospital where they admitted me and where I had emergency jaw surgery. Another victory was against a larger opponent, Bobby Elkins, who was known for his left hook and KO’ing his opponent. He caught me in the first round with a big shot and followed it up with a massive left hook that momentarily stunned me. I made it to the second round and I was feeling my opponent out and I knew there was an opening for an uppercut.  Johnny Johnson, my trainer, had a plan for me to go to his round and he told me and it worked like clockwork. He had a big hook yet I still went to his left and he walked right into a massive uppercut.  I rattled him as he stumbled across the ring eventually falling. World class referee Dave Johnson gave him the eight count yet he looked as if he did not have his faculties all together. I jumped on him until Dave Johnson called off the fight. With that victory I became a middleweight champion. Lastly, my victory over Jimmy LeBlanc rings high on my list. Jimmy was a technical fighter but just did not have the power to put one away. He knocked me down two or three times in the first three or four rounds but yet I kept coming forward. I knew in the fourth round when my corner man Keith Keller said that I was taking too much punches that he may stop the fight and I told him I am a fighter. I know what I’m doing and I got him. The referee gave him warning after warning because of his excessive holding but I pounded away at his ribs. The punishment was too great for Jimmy and I realized that I was taking his air out of him and this would win me the fight. This was a classic moment for me fighting in front of a lot of family and friends in the Northern Panhandle of West Virginia for the USBC Middleweight title.  There was a lot of stress on me because I had a terrible training camp due to an illness I had and also seeing me getting beat down in the earlier rounds. This was truly a victory of will and endurance. This again was one of my Rocky Balboa moments”; and

Whereas, There is one knockout that won’t go on Mr. Ballard’s record, but he doesn’t mind. When he was the World Boxing Empire middleweight champion, Mr. Ballard chased and tackled a robber who had stolen $473 from a taxi driver, saying “I just made a decision and said I was going to help this person. I was going to do everything I could to try and help this gentleman.” Mr. Ballard said he was making his daily stop at a convenience store when he heard a commotion. A man had grabbed a bank bag the taxi driver was carrying and fled from the store. Mr. Ballard chased him into the store’s parking lot, where he tackled the man. Another patron helped Mr. Ballard restrain the suspect until police arrived. The Police charged Jason Neil Ennis, 22, with misdemeanor petit larceny. The money was returned to the victim, according to court records. Mr. Ballard said of his heroics, “I have 14 KOs but this one doesn’t count. This one doesn’t go on my record”; and

Whereas, It is appropriate to let everyone entering Madison, West Virginia know that it is the hometown of boxing champion Perry Ballard, a coal country warrior and one of the true good guys in Appalachian boxing who has always given back to the community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to make and erect signs on the roads entering the town of Madison in Boone County, proclaiming that Madison is the “Home of Professional Boxing Champion Perry ‘The Punisher’ Ballard”; and be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways.

            Delegates Ellington, Lane, E. Evans, Longstreth, R. Miller, Atkinson, Hollen, Hornbuckle, Queen, Byrd, Bates, Canestraro and Rowe offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 113 - “Requesting the Joint Committee on Government and Finance study the health outcomes of high sugar diets, and the short-term and long-term health and economic benefits of a sugar drink tax.”

Whereas, 37.7 percent of West Virginians are obese, which ranks West Virginia the highest nationally; and

Whereas, West Virginia ranks fourth nationally in obesity-attributable costs of absenteeism in the workforce; and

Whereas, More than one in seven West Virginia adults have diabetes (15.0 percent), which ranks West Virginia the highest nationally; and

Whereas, 35.1 percent of West Virginia children age 10 to 17 are overweight or obese, which ranks West Virginia the seventh worst nationally; and

Whereas, West Virginia has the highest prevalence in the nation of adults reporting fair or poor health (25.9 percent); and

Whereas, The combination of rising health care costs and an unhealthy population put a financial strain on PEIA as well as private insurers; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the health outcomes of high sugar diets and  short-term and long-term health and economic benefits of a sugar drink tax; and, be it

Further Resolved, That the study include the examination of the economic impact on businesses, including those located in border counties, while also considering the healthy initiatives currently being implemented in our surrounding states and potential health care cost savings to the State of West Virginia; and, be it

Further Resolved, That the study investigate possible uses of the inevitable revenue stream created by the tax; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study be paid from legislative appropriations to the Joint Committee on Government and Finance. 

            Delegate Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 114 - “Requesting the Joint Committee on Government and Finance study the feasibility and propriety of modernizing state code as it relates to rental of motor vehicles and the manner in which individually owned passenger motor vehicles and rental car fleets are rented, registered, maintained and insured.”

Whereas, With technology constantly advancing and the means of doing business in all industries rapidly changing, the rental of motor vehicles is no different; and

Whereas, Americans are increasingly depending on the “sharing” economy to provide, as well as to obtain, transportation, travel and overnight accommodations. Customers use services like Airbnb, Uber, and Lyft, relying on peers instead of businesses for travel and transportation. Drivers and hosts have created cottage industries making money renting their cars and homes, charging rates for these services at a competitive advantage over traditional businesses; and

Whereas, The rental of individually owned passenger motor vehicles to the public under rental agreements has become an increasing common transaction throughout the country; and

Whereas, There has been a nationwide emergence of private vehicle rental program providers who operate, facilitate or administer the rental of individually owned private passenger motor vehicles to the public via digital and or other electronic means, without the necessity of personal, direct, in-person contact between the parties; and

Whereas, When a motor vehicle is rented and a ticket or citation is issued that does not require the driver of the motor vehicle to supply his or her license, there is a great administrative burden on the rental car company to determine the driver at the time of ticket or citation. Thus, the Legislature finds it prudent to study and examine the issues and cost to the state and rental car companies in seeing the tickets are timely and properly paid by the individual renting the motor vehicle at the time of ticket or citation; and

Whereas, Currently, West Virginia law provides that no person may rent a motor vehicle to another person unless the renter is licensed to operate a motor vehicle, and the renter of the motor vehicle has inspected the license of the renter and has compared and verified the signature of the operator’s license with the signature of such person, written in his or her presence, thereby requiring that the parties be in each other’s physical presence to do so, and thereby inhibiting the ability to conduct rental transactions via digital or electronic means; and

Whereas, West Virginia law also provides that persons who rent a motor vehicle to another person must keep records of the registration of the rented vehicle as well as information about the person renting the vehicle, which shall be open to inspection by law enforcement and the DMV; and

Whereas, There are other issues to be considered in the rental of individually owned passenger motor vehicles via digital or electronic means, including issues of insurance coverage on private, individually owned passenger vehicles used for hire as well as potential regulation of such transactions and activity that may be subject to regulation as a motor carrier for hire; therefore, be it       

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility and propriety of modernizing state code as it relates to rental of motor vehicles and the manner in which individually owned passenger motor vehicles and rental car fleets are rented, registered, maintained and insured; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Special Calendar

Third Reading

            Com. Sub. for S. J. R. 3, Judicial Budget Oversight Amendment; on third reading, coming up in regular order, was read a third time.

            On the adoption of the resolution, the yeas and nays were taken (Roll No. 435), and there were--yeas 94, nays 1, absent and not voting 3 with the yeas, nays and absent and not voting being as follows:

            Yeas: Adkins, Ambler, Anderson, Atkinson, Barrett, Bates, Blair, Boggs, Brewer, Butler, Campbell, Canestraro, Capito, Caputo, Cooper, Cowles, Criss, Dean, Diserio, Eldridge, Ellington, Espinosa, A. Evans, E. Evans, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Graves Hamilton, Hamrick, Hanshaw, Harshbarger, Hartman, Higginbotham, Hill, Hollen, Hornbuckle, Householder, Howell, Iaquinta, Isner, Jennings, Kelly, Kessinger, Lane, Longstreth, Love, Lovejoy, Lynch, Marcum, Martin, Maynard, McGeehan, Miley, C. Miller, R. Miller, Moore, Moye, Nelson, Overington, Pack, Paynter, Pethtel, Phillips, Pushkin, Pyles, Queen, Robinson, Rodighiero, Rohrbach, C. Romine, Rowan, Rowe, Shott, Sobonya, Sponaugle, Statler, Storch, Summers, Sypolt, Thompson, Upson, Wagner, Ward, Westfall, White, Williams, Wilson, Zatezalo and Mr. Speaker, Mr. Armstead.

Nays: Hicks.

Absent and Not Voting: Byrd, Deem and R. Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for S. J. R. 3) adopted, as follows:

Com. Sub. for S. J. R. 3 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to the authority of the Legislature with regard to the state budget; giving the Legislature the authority to reduce items in the budget relating to the judiciary; providing that the Legislature may not make any law that conditions an increase or decrease of an item relating to the judiciary upon a particular ruling, order, or decision of a court of this state; amending obsolete language regarding when the Governor shall submit the budget to the Legislature and matters that may be considered during an extended session, to accurately reflect current constitutional requirements; making numerous technical corrections; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.”

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

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

            Com. Sub. for S. J. R. 3 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to the state budget and related matters; giving the Legislature the authority to reduce items in the budget relating to the judiciary; providing that the Legislature may not make any law that conditions an increase or decrease of an item relating to the judiciary upon a particular ruling, order, or decision of a court of this state; providing rights and duties of the Chief Justice of the Supreme Court of Appeals relating to appearances before the Legislature and answering inquiries with respect to any budget bill; amending and adding language regarding when the Governor shall submit the budget to the Legislature and matters that may be considered during an extended session to conform the section to more recent amendments to the constitution; making technical corrections to gender related language; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.”

            Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

 “That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2018, which proposed amendment is that section 51, article VI thereof be amended to read as follows:

ARTICLE VI.

§51.  Budget and supplementary appropriation bills.


The Legislature shall not appropriate any money out of the treasury except in accordance with the provisions of this section.

Subsection A – Appropriation Bills

(1) Every appropriation bill shall be either a budget bill, or a supplementary appropriation bill, as hereinafter provided.

Subsection B – Budget Bills

(2) Within ten days after the convening of the regular session of the Legislature in odd‑numbered years, unless such time shall be extended by the Legislature, On the second Wednesday of February in the year 2021 and every fourth year thereafter and on the second Wednesday of January in even‑numbered all other years, unless a later time in any year be fixed by the Legislature, the Governor shall submit to the Legislature a budget for the next ensuing fiscal year.  The budget shall contain a complete plan of proposed expenditures and estimated revenues for the fiscal year and shall show the estimated surplus or deficit of revenues at the end of each fiscal year.  Accompanying each budget shall be a statement showing: (a) An estimate of the revenues and expenditures for the current fiscal year, including the actual revenues and actual expenditures to the extent available, and the revenues and expenditures for the next preceding fiscal year; (b) the current assets, liabilities, reserves, and surplus or deficit of the state; (c) the debts and funds of the state; (d) an estimate of the state's financial condition as of the beginning and end of the fiscal year covered by the budget; and (e) any explanation the Governor may desire to make as to the important features of the budget and any suggestions as to methods for reduction or increase of the state's revenue.

(3) Each budget shall embrace an itemized estimate of the appropriations, in such form and detail as the Governor shall determine or as may be prescribed by law:  (a) For the Legislature as certified to the Governor in the manner hereinafter provided; (b) for the executive department; (c) for the judiciary department, as provided by law, certified to the Governor by the Auditor; (d) for payment and discharge of the principal and interest of any debt of the state created in conformity with the constitution, and all laws enacted in pursuance thereof; (e) for the salaries payable by the state under the constitution and laws of the state; and (f) for such other purposes as are set forth in the constitution and in laws made in pursuance thereof.

(4) The Governor shall deliver to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget clearly itemized and classified, in such form and detail as the Governor shall determine or as may be prescribed by law; and the presiding officer of each house shall promptly cause the bill to be introduced therein, and such bill shall be known as the “Budget Bill”.  The Governor may, with the consent of the Legislature, before final action thereon by the Legislature, amend or supplement the budget to correct an oversight, or to provide funds contingent on passage of pending legislation, and in case of an emergency, he or she may deliver such an amendment or supplement to the presiding officers of both houses; and the amendment or supplement shall thereby become a part of the budget bill as an addition to the items of the bill or as a modification of or a substitute for any item of the bill the amendment or supplement may affect.

(5) The Legislature shall not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein: Provided, That no item relating to the total appropriation relating to the judiciary shall not be decreased, by more than ten percent compared to the appropriation for the prior fiscal year without a separate vote of the Legislature requiring a two-thirds vote of the members elected to each house determined by yeas and nays and entered on the journals: Provided, however, That such separate vote is not required if the percentage of decrease in the total appropriation relating to the judiciary is equivalent to or less than the percentage of decrease for the entire general revenue budget as compared to the prior fiscal year. and except Except as otherwise provided in this constitution, the salary or compensation of any public officer shall not be increased or decreased during his or her term of office: and Provided further, That the Legislature shall not increase the estimate of revenue submitted in the budget without the approval of the Governor.

(6) The Chief Justice of the Supreme Court of Appeals, the Governor, and such representatives of the executive departments, boards, officers, and commissions of the state expending or applying for state moneys as have been designated by the Governor for this purpose, shall have the right, and when requested by either house of the Legislature it shall be their duty, to appear and be heard with respect to any budget bill, and to answer inquiries relative thereto.

Subsection C – Supplementary Appropriation Bills

(7) Neither house shall consider other appropriations until the budget bill has been finally acted upon by both houses, and no such other appropriations shall be valid except: in accordance with the provisions following (a) Every such appropriation shall be embodied in a separate bill limited to some single work, object, or purpose therein stated and called therein a supplementary appropriation bill; (b) each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be laid and collected as shall be directed in the bill unless it appears from such budget that there is sufficient revenue available.

Subsection D – General Provisions

(8) If the budget bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session, the governor shall issue a proclamation extending the session for such further period as may, in his or her judgment, be necessary for the passage of the bill; but no matter other than the bill shall be considered during such an extension of a session except the matters detailed in section 14, article VII of this Constitution and a provision for the cost thereof.

(9) For the purpose of making up the budget, the Governor shall have the power and it shall be his or her duty, to require from the proper state officials, including herein all executive departments, all executive and administrative officers, bureaus, boards, commissions, and agencies expending or supervising the expenditure of, and all institutions applying for state moneys and appropriations, such itemized estimates and other information, in such form and at such times as he or she shall direct.  The estimates for the legislative department, certified by the presiding officer of each house, and for the judiciary, as provided by law, certified by the Auditor, shall be transmitted to the Governor in such form and at such times as he or she shall direct and shall be included in the budget.

(10) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies and all institutions applying for state moneys.  After such public hearings he or she may, in his or her discretion, revise all estimates except those for the legislative and judiciary departments.

(11) Every budget bill or supplementary appropriation bill passed by a majority of the members elected to each house of the Legislature shall, before it becomes a law, be presented to the Governor.  The Governor may veto the bill, or he or she may disapprove or reduce items or parts of items contained therein. If he or she approves, he or she shall sign it and thereupon, it shall become a law.  The bill, items or parts thereof, disapproved or reduced by the Governor, shall be returned with his or her objections to each house of the Legislature.

Each house shall enter the objections at large upon its journal and proceed to reconsider.  If, after reconsideration, two thirds of the members elected to each house agree to pass the bill, or such items or parts thereof, as were disapproved or reduced, the bill, items or parts thereof, approved by two thirds of such members, shall become law, notwithstanding the objections of the Governor.  In all such cases, the vote of each house shall be determined by yeas and nays to be entered on the journal.

A bill, item or part thereof, which is not returned by the Governor within five days (Sundays excepted) after the bill has been presented to him or her shall become a law in like manner as if he or she had signed the bill, unless the Legislature, by adjournment, prevents such return, in which case it shall be filed in the office of the Secretary of State, within five days after such adjournment, and shall become a law; or it shall be so filed within such five days with the objections of the governor, in which case it shall become law to the extent not disapproved by the Governor.

(12) The Legislature may, from time to time, enact such laws, not inconsistent with this section, as may be necessary and proper to carry out its provisions.

(13) In the event of any inconsistency between any of the provisions of this section and any of the other provisions of the constitution, the provisions of this section shall prevail. But nothing herein shall be construed as preventing the Governor from calling extraordinary sessions of the Legislature, as provided by section nineteen of this article, or as preventing the Legislature at such extraordinary sessions from considering any emergency appropriation or appropriations.

(14) If any item of any appropriation bill passed under the provisions of this section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Judicial Budget Oversight Amendment” and the purpose of the proposed amendment is summarized as follows: “Giving the Legislature the authority to reduce items in the budget related to the judiciary, preventing the Legislature from any decrease of the appropriation to the judiciary greater than ten percent without a two-thirds vote of each House of the Legislature; providing that such separate vote is not required if the total budget has been decreased by an equivalent proportion, providing that when requested by the Legislature, the Chief Justice of the Supreme Court of Appeals must appear and be heard and answer inquiries relative any budget bill, and conforming language relating to the introduction of the budget and matters that may be taken up during extended sessions to more recent amendments to the constitution.”

 

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

            Com. Sub. for S. B. 10, Relating generally to PSC jurisdiction; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 436), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Byrd, Deem, Moore and R. Romine.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 10) passed.

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

On this question, the yeas and nays were taken (Roll No. 437), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Byrd, Deem and R. Romine.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 10) 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.

            Com. Sub. for S. B. 82, Including rebuttable presumptions in certain cases for firefighters with regard to workers’ compensation; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 438), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Foster.

Absent and Not Voting: Deem and R. Romine.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 82) passed.

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

            Com. Sub. for S. B. 141, Expanding county assessment and collection of head tax on breeding cows; on third reading, coming up in regular order, was read a third time.

Delegate Summers requested to be excused from voting on the passage of Com. Sub. for S. B. 141 under the provisions of House Rule 49.

The Speaker 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 the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 439), and there were--yeas 84, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Butler, Fast, Graves, Hanshaw, Hill, Kelly, Kessinger, Love, Martin, Summers and Wilson.

Absent and Not Voting: Boggs, Deem, Hicks and R. Romine.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 141) passed.

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

            Com. Sub. for S. B. 230, Authorizing Department of Commerce promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 440), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Deem, R. Miller and R. Romine.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 230) passed.

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

On this question, the yeas and nays were taken (Roll No. 441), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Deem, R. Miller and R. Romine.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 230) 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.

            Com. Sub. for S. B. 244, Specifying conditions for unlawful possession of firearm at school-sponsored activities; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 442), and there were--yeas 86, nays 12, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Bates, Byrd, Caputo, Diserio, Fleischauer, Hornbuckle, Lane, Pushkin, Pyles, Rowe, Wagner and Williams.

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 244) passed.

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

            Com. Sub. for S. B. 244 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to specifying the conditions under which it is unlawful to possess a firearm or other deadly weapon on a school bus, in a public primary or secondary education building, structure, facility or grounds, or at certain school-sponsored functions; revising the conditions under which a retired law-enforcement officer may possess a firearm or other deadly weapon on a school bus, in a public primary or secondary education building, structure, facility or grounds, or at certain school-sponsored functions; clarifying when a person, other than a student of a primary or secondary facility, may possess a firearm or other deadly weapon on a school bus, in a public primary or secondary education building, structure, facility or grounds, or at certain school-sponsored functions if specifically authorized by the board of education or principal of the school where the property is located to conduct programs with valid educational purposes; and revising conditions for which certain persons holding a valid concealed handgun permit can possess a concealed handgun in a motor vehicle in in a parking lot, traffic circle, or other areas of vehicular ingress or egress to a public school.”

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

            Com. Sub. for S. B. 271, Creating centralized Shared Services Section of Department of Administration; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 443), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Upson.

Absent and Not Voting: Dean and Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 271) passed.

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

            Com. Sub. for S. B. 283, Relating generally to procurement by state agencies; on third reading, coming up in regular order, was read a third time.

Delegate Foster requested to be excused from voting on the passage of Com. Sub. for S. B. 283 under the provisions of House Rule 49.

The Speaker 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 the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 444), and there were--yeas 69, nays 29, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty, Gearheart, Hicks, Hornbuckle, Iaquinta, Isner, Kelly, Longstreth, Lovejoy, Martin, Miley, Moye, Paynter, Pethtel, Pushkin, Pyles, Robinson, Rowe, Thompson and Williams.

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 283) passed.

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

            Com. Sub. for S. B. 283 - “A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-10b, §5A-3-10c, §5A-3-10e, §5A-3-33d, §5A-3-33f, §5A-3-37, and §5A-3-45 of said code; to amend said code by adding thereto a new section, designated §5A-3-61; to amend and reenact §5G-1-3 and §5G-1-4 of said code; to amend and reenact §6D-1-1 of said code; and to amend and reenact §18B-5-4 of said code, all relating generally to procurement by state agencies; defining terms; authorizing competitive bidding of certain open-ended repair and maintenance contracts; modifying use and consideration of alternates in solicitations; prohibiting alternates from being accepted out of order; modifying criteria to be considered in best value procurement awards; eliminating sole source procurement; establishing direct award procurement requirements; establishing prequalification agreements and their requirements and procedures; authorizing agency-delegated bidding and its procedure; increasing certain cost limits from $50,000 to $1 million; authorizing awarding contracts without competitive bidding if certain requirements are met; eliminating master contracts and direct ordering process; expanding the scope of those who may be debarred; eliminating preferences for resident vendors, vendors employing state residents, and veteran residents; establishing the concept of ‘reciprocal preference’ for an in-state vendor over an out-of-state vendor from any state that gives or requires a preference to bidders from that state and setting forth its requirements; providing certain preferences for purchases of motor vehicles; modifying the value determination of certain motor vehicles that are to be sold; permitting funds from sale of surplus property be deposited in alternate fund if original fund no longer exists; permitting spending units to use a standardization process to purchase commodities and setting forth its requirements; permitting an architectural or engineering firm to be selected without bidding if certain conditions exist; increasing the cost of projects under which division of highways is permitted to procure services of architectural and engineering firms under certain provisions; increasing certain contract limits from $100,000 to $1 million; modifying provisions requiring disclosure of interested parties; requiring certain reporting; removing preference requirements for higher education; and authorizing rulemaking.”

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

Conference Committee Report Availability

            At 11:14 a.m., the Clerk announced that the report of the Committee of Conference on Com. Sub. for H. B. 4186, Relating generally to guaranteed asset protection waivers, shall be available in the Clerk’s Office.

Special Calendar

Third Reading

-  continued -

            Com. Sub. for S. B. 288, Regulating cremation, embalming and directing of funeral service; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 445), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Hamrick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 288) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 288 - “A Bill to repeal §30-6-22a, §30-6-23, §30-6-24, §30-6-25, §30-6-26, §30-6-27, §30-6-28, §30-6-29, §30-6-30, and §30-6-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-6-1, §30-6-2, §30-6-3, §30-6-4, §30-6-5, §30-6-6, §30-6-7, §30-6-8, §30-6-9, §30-6-10, §30-6-11, §30-6-12, §30-6-13, §30-6-14, §30-6-15, §30-6-16, §30-6-17, §30-6-18, §30-6-19, §30-6-20, §30-6-21, and §30-6-22 of said code, all relating to regulation of cremation, embalming, and funeral service directing; defining terms; terminating the Board of Funeral Service Examiners; transferring the functions of the board to the Secretary of State; specifying timeline and duties for the transfer of functions and property; providing special provisions and authority to Secretary of State to facilitate transfer; providing rule-making authority for Secretary of State; continuing existing rules previously promulgated by the board; authorizing Secretary of State to request repeal of rules previously promulgated by the board; establishing timeline for promulgation of rules by Secretary of State in 2018; authorizing the promulgation of emergency rules; transferring control of a special revenue account utilized by Board of Funeral Service Examiners to the Secretary of State; providing for the transfer of assets and liabilities to new account; providing for periodic sweep of funds into General Revenue Fund; eliminating outdated and obsolete language; authorizing Secretary of State to grant funeral service license; updating requirements for funeral service license; continuing certificates to operate a crematory; authorizing Secretary of State to grant certificate to operate a crematory; updating requirements for certificate to operate a crematory; updating language related to license and certificate reciprocity and courtesy card holders to give authority to Secretary of State; authorizing Secretary of State to enter into reciprocity agreements; authorizing Secretary of State to issue registration to be an apprentice; updating requirements for licensure of funeral establishments; authorizing Secretary of State to issue funeral establishment license; updating requirements for licensure of crematories; authorizing Secretary of State to issue crematory license; modifying requirements for inspectors and inspections; authorizing Secretary of State to appoint inspectors; updating requirements for renewal of licenses, certificates, courtesy cards, and registrations; eliminating requirement for Board of Funeral Service Examiners to provide continuing education; modifying order of persons authorized to give written permission for cremation; updating language concerning preneed affidavit; requiring Secretary of State to refuse to issue a license, certificate, renewal, or registration if certain requirements are not met; authorizing Secretary of State to take action against licensee, certificate holder, registrant, or applicant under certain circumstances; requiring Secretary of State establish means for public to submit complaints; requiring Secretary of State to investigate all complaints received; setting procedures for investigations; specifying powers and procedures for conducting hearings and rendering disposition of contested cases; granting the authority to suspend or revoke an authorization to practice without a prior hearing under certain circumstances; setting burden of proof; providing right of appeal from determination of Secretary of State; authorizing informal disposition; making violations of article a criminal act; establishing criminal penalties; authorizing Secretary of State or interested person to seek injunctions for violations of article; providing for referral of criminal matters to appropriate authorities; permitting criminal actions to be brought by Attorney General, United States Attorney, or local prosecuting attorney; providing that a single act is evidence of violation; providing for certain inapplicability of article; and correcting references and updating terms throughout.”

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

            On this question, the yeas and nays were taken (Roll No. 446), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Boggs, Canestraro and Deem.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 288) 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.

Com. Sub. for S. B. 313, Waiving occupational fees and licensing requirements for certain low-income individuals, military families, and young workers; on third reading, coming up in regular order, was read a third time.

            Delegate Kelly demanded the previous question, which demand was sustained.

Delegate Wilson requested to be excused from voting on the passage of Com. Sub. for S. B. 313 under the provisions of House Rule 49.

The Speaker 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 the Member from voting.

            On this question, the yeas and nays were taken (Roll No. 447), and there were--yeas 43, nays 55, absent and not voting 1, with the yeas and absent and not voting being as follows:

            Yeas: Adkins, Ambler, Atkinson, Blair, Butler, Cooper, Criss, Ellington, Espinosa, A. Evans, Fast, Folk, Foster, Gearheart, Hamrick, Hanshaw, Harshbarger, Higginbotham, Hill, Hollen, Jennings, Kelly, Martin, Maynard, McGeehan, C. Miller, Moore, Nelson, Pack, Paynter, Phillips, C. Romine, R. Romine, Rowan, Shott, Sobonya, Summers, Sypolt, Wagner, Ward, Wilson, Zatezalo and Mr. Speaker, Mr. Armstead.

            Absent and Not Voting: Deem.

            So, a majority of the members present and voting not having voted in the affirmative, the motion was rejected.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 448), and there were--yeas 82, nays 16, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Bates, Brewer, Canestraro, Caputo, Diserio, Ferro, Fleischauer, Hicks, Lane, Longstreth, Lynch, Pushkin, Pyles, Robinson, Rowe and Williams.

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 313) passed.

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 the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 51, Relating to domestic relations.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Trump, Smith and Woelfel.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            S. B. 282, Exempting State Conservation Committee from Purchasing Division requirements for contracts related to flood recovery.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Boso, Maynard and Palumbo.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            S. B. 545, Relating to driving privileges and requirements for persons under 18.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Trump, Weld and Woelfel.

At 12:14 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 1:30 p.m.

* * * * * * * *

Afternoon Session

* * * * * * * *

            The House of Delegates was called to order by the Honorable Tim Armstead, Speaker.

A message from the Senate, by

Messages from the Senate

            The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

            Com. Sub. for S. B. 582, Allowing candidate for political party executive committee serve as election official.

            On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Lane, Capito and R. Miller.

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

Special Calendar

Third Reading

- Continued -

            S. B. 339, Relating to WV Retirement Health Benefit Trust Fund within PEIA; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 449), and there were--yeas 88, nays none, absent and not voting 11, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Espinosa, Ferro, Fleischauer, Hartman, Lovejoy, Maynard, R. Miller, Moore, Statler and White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 339) passed.

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

            Com. Sub. for S. B. 355, Dissolving IS&C Division under Office of Technology; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 450), and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Espinosa, Lovejoy, Maynard, Moore and White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 355) passed.

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

            Com. Sub. for S. B. 375, Relating to farmers markets; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 451), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Espinosa.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 375) passed.

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

            Com. Sub. for S. B. 401, Requiring specified coverage in health benefit plans for treatment of substance abuse disorders; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 452), and there were--yeas 90, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Butler, Fast, Folk, Foster, McGeehan, Overington and Wilson.

Absent and Not Voting: Deem and Espinosa.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 401) passed.

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

            S. B. 406, Clarifying that ground emergency medical transportation is eligible for Medicare and Medicaid reimbursement; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 453), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Dean, Deem and Hollen.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 406) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

S. B. 406 - “A Bill to amend and reenact §9-5-26 of the Code of West Virginia, 1931, as amended, relating to supplemental Medicare and Medicaid reimbursement; and clarifying that ground emergency medical transportation services providers owned or operated by, or providing services under contract with the state and certain political subdivisions thereof, are eligible for reimbursement from Medicare.”

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

On this question, the yeas and nays were taken (Roll No. 454), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Dean, Deem and Marcum.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 406) 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.

S. B. 407, Licensing and approval of child care programs; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 455), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Marcum and Sobonya.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 407) passed.

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

            Com. Sub. for S. B. 408, Licensing of nursing homes and assisted living residences; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 456), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Marcum.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 408) passed.

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

            S. B. 425, Removing sunset dates which members of policemen's or firemen's pension fund elect to participate in deferred retirement option plan; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 457), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Marcum.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 425) passed.

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

            Com. Sub. for S. B. 434, Specifying documents not subject to discovery in certain proceedings; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 458), and there were--yeas 87, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Canestraro, Eldridge, Fluharty, Isner, Miley, Moye, Pushkin, Robinson, Rowe and Sponaugle.

Absent and Not Voting: Deem and Marcum.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 434) passed.

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

            Com. Sub. for S. B. 438, Relating to debt service on bonds secured by State Excess Lottery Revenue Fund; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 459), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 438) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 438 - “A Bill to amend and reenact §29-22-18e of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15-16d, all relating to authorizing additional bonds for state park projects; requiring certain deposits from the state excess lottery revenue fund; providing for allocation of certain funds not needed for debt service to state park improvements; authorizing the Economic Development Authority to issue certain revenue bonds; providing limitations on bond issuance; creating a special revenue account; and providing for allocation of bond proceeds.”

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

            Com. Sub. for S. B. 442, Establishing universal forms and deadlines when submitting prior authorization electronically; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 460), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 442) passed.

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

            Com. Sub. for S. B. 443, Terminating parental rights when certain conditions are met; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 461), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Upson.

Absent and Not Voting: Deem and Moore.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 443) passed.

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

Com. Sub. for S. B. 443 - “A Bill to amend and reenact §49-4-605 of the Code of West Virginia, 1931, as amended, relating to requiring the department to file a petition to terminate parental rights when parents voluntarily fail to have contact or attempt to have contact with the child for a period of 18 consecutive months; and creating exceptions thereto.”

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

            Com. Sub. for S. B. 445, Allowing DOH acquire real or personal property for utility accommodation; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Hanshaw asked and obtained unanimous consent to amend the bill on third reading, and the rule was suspended to permit the offering and consideration of such.

            On motion of Delegates Hanshaw and Folk, the bill was amended on page two, section 17A, line thirty-nine, immediately following the word “Commissioner”, by inserting the following “: Provided, however, for any utility which is not subject to the jurisdiction of the Public Service Commission, the lease shall not contain any exclusivity provisions.”

            The bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 462), and there were--yeas 89, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Hill, Kessinger, Martin, McGeehan, Paynter, Wagner and Ward.

Absent and Not Voting: Deem and Marcum.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 445) passed.

            Com. Sub. for S. B. 446, Creating Agritourism Responsibility Act; on third reading, coming up in regular order, with an amendment pending and with the restricted right to amend jointly by Delegates Hanshaw and Byrd, was reported by the Clerk.

            Whereupon,

            Delegate Hanshaw asked and obtained unanimous consent that the amendment recommended by the Committee on the Judiciary be withdrawn.

            An amendment, offered by Delegates Hanshaw and Byrd, was reported by the Clerk on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 36. agrItourism RESPONSIBILITY ACT.

§19-36-1. Legislative purposes; authority.

Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agritourism significantly contribute to the revenue enterprise and economic development of the state. The Legislature recognizes that there are inherent risks in the recreational activities provided by agritourism which should be understood by each participant. It is essentially impossible for agritourism to eliminate these risks. It is the purpose of this article to define those areas of responsibility and affirmative acts for which agritourism is liable for loss, damage, or injury.

The Commissioner of Agriculture is hereby authorized to, and shall devise means of, advancing agritourism in the state, and in the performance of such duty, he or she shall have the authority to call upon any department, division, or officer of the state or county to cooperate with him or her in promoting agritourism in the state.

The Commissioner of Agriculture, in consultation with the Secretary of Commerce, shall promulgate rules in accordance with chapter 29A of this code for the promotion, marketing, and regulation of agritourism.

§19-36-2. Definitions.

Unless the context of usage clearly requires otherwise:

‘Agritourism’ activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment or educational purposes to view or enjoy rural activities.

‘Agritourism business’ means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation.

‘Agritourism professional’ means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business.

‘Farm’ or ‘Ranch’ means an area of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

‘Inherent risks of agritourism activity’ are those dangers or conditions that are part of an agritourism activity including certain hazards, natural conditions of land and terrain, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.

‘Participant’ as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity.

§19-36-3. Duties of agritourism businesses and participants.

(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of agritourism activities if such agritourism business has posted the notice in substantially the form as is provided in §19-36-4(b).

(b) The provisions of subsection (a) of this section shall not prevent or in any way limit the liability of an agritourism business that does any of the following:

(1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the health and safety of the participant which proximately causes injury, death, loss, or damage to the participant; or

(2) Commits an intentional act or omission which proximately causes injury, death, loss, or damage to the participant.

(c) Any limitation on legal liability afforded by this section to an agritourism business is in addition to any other limitations of legal liability otherwise provided by law.

(d) Participants have a duty to act as a reasonably prudent person when engaging in recreational activities offered by agritourism businesses in this state.

§19-36-4. Liability of agritourism businesses.

(a) To qualify for the limitation on liability afforded by §19-36-3, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice must be clearly legible, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly legible print the notice specified in §19-36-4(b) of this code.

(b) The signs and contracts described in subsection (a) of this section must contain the

following notice:

NOTICE

Under West Virginia law, there may be limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism business if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to landscape, terrain, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

(c) Failure to comply with the requirements concerning notices provided in this section will prevent an agritourism business from invoking the privileges of immunity provided by this article.

§19-36-5. Maintenance of property status for certain purposes; exceptions.

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code and property tax classification purposes.

(b) An agritourism business may use certain of its facilities for occasional events without complying with building codes applicable to structures used for such purposes on a full-time basis as long as such facilities are deemed structurally sound and otherwise safe for the intended use.

            Delegate Fast then asked and obtained unanimous consent to offer an amendment to the amendment.

            Delegate Fast moved to amend the amendment, on page one, section one, lines thirteen through fifteen, by striking out lines thirteen through fifteen in its entirety and inserting in lieu thereof the following:

            “The Commissioner of Agriculture, in consultation with the Secretary of Commerce, shall promulgate rules in accordance with chapter 29A of this code for the promotion and marketing of agritourism business.”

            On page two, section two, line seven, after the word “business”, by adding the word “enterprise”.

And,

            On page two, section two, line twenty, after the word “agritourism”, by adding the word “business”.

            On the adoption of the amendment to the amendment, Delegate Fast demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 463), and there were--yeas 5, nays 93, absent and not voting 1, with the yeas and absent and not voting being as follows:

Yeas: Fast, Hornbuckle, Isner, Love and Lovejoy.

Absent and Not Voting: Deem.

So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was rejected.

The amendment offered by Delegates Hanshaw and Byrd was then adopted.

The bill was then read third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 464), and there were--yeas 88, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Canestraro, Eldridge, Fast, Fluharty, Gearheart, Isner, Love, Miley and Rowe.

Absent and Not Voting: Deem and Robinson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 446) passed.

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

Delegate Hanshaw moves to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

            S. B. 446 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §19-36-1, §19-36-2, §19-36-3, §19-36-4, and §19-36-5, all relating to agritourism generally; creating the Agritourism Responsibility Act; making findings; establishing authority and duties of the Commissioner of Agriculture related to agritourism; authorizing Commissioner of Agriculture, in consultation with the Secretary of Commerce, to promulgate and propose rules; defining terms; establishing duties of agritourism businesses and participants in agritourism activities; immunizing agritourism business, employees, and volunteers associated therewith from certain acts of simple negligence and creating exceptions thereto; requiring notice of certain rights, limitations on liability, and responsibilities of participants in agritourism activities; clarifying that operation of agritourism business does not change status of the facilities and property used for building code and tax purposes; and exempting structures of agritourism business occasionally used for events from building code requirements for entities engaged in such activities on a full-time basis.”

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

            S. B. 468, Changing date and recipients for submission of Auditor's annual report; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 465), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 468) passed.

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

            Com. Sub. for S. B. 469, Converting Addiction Treatment Pilot Program to permanent program; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 466), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 469) passed.

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

            Com. Sub. for S. B. 469 - “A Bill to amend and reenact §62-15A-1, §62-15A-2, and §62-15A-3 of the Code of West Virginia, 1931, as amended, all relating to converting the Addiction Treatment Pilot Program into a permanent program; placing the program under the control of the Department of Military Affairs and Public Safety; permitting certain funding to come from a combination of sources; and requiring reports to be submitted annually.”

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

            Com. Sub. for S. B. 495, Designating specific insurance coverages exempt from rate filing requirements; on third reading, coming up in regular order, was read a third time.

Delegate Fast requested to be excused from voting on the passage of Com. Sub. for S. B. 495 under the provisions of House Rule 49.

The Speaker 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 the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 467), and there were--yeas 96, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Fast and Robinson.

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 495) passed.

An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for S. B. 495 - “A Bill to amend and reenact §33-20-4 of the Code of West Virginia, 1931, as amended, relating to commercial insurance rates applicable to fire, marine, casualty and surety insurance; and designating specific insurance coverages which are exempt from the requirements of filing rates with the insurance commissioner.”

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

            Com. Sub. for S. B. 501, Relating to accrued benefit of retirees in Deputy Sheriff Retirement System; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 468), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 501) passed.

            Delegate Cowles moved that the bill take effect July 1, 2018.

            On this question, the yeas and nays were taken (Roll No. 469), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 501) takes effect July 1, 2018.

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

Com. Sub. for S. B. 521, Requiring chief executive of municipal law-enforcement agency be certified law-enforcement officer; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 470), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 521) passed.

An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:

            Com. Sub. for S. B. 521  - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-13, relating to requiring any newly appointed chief executive of a municipal law-enforcement agency to be either a certified law-enforcement officer, or to be certifiable as such, according to the requirements set forth in other applicable provisions of this code; and, providing that chief executives employed prior to the effective date are exempt from this requirement.”

            Delegate Cowles moved that the bill take effect July 1, 2018.

On this question, the yeas and nays were taken (Roll No. 471), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Fleischauer and Fluharty.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 521) takes effect July 1, 2018.

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

Com. Sub. for S. B. 528, Providing additional circuit judge for nineteenth judicial circuit; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 472), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 528) passed.

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

            Com. Sub. for S. B. 445, Allowing DOH acquire real or personal property for utility accommodation; still being in possession of the Clerk, was taken up for further consideration.

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

            Com. Sub. for S. B. 445 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-17a; and to amend and reenact §17-4-17b of said code, and to add thereto a new section, designated §17-4-17e; all relating to utility relocation; stating legislative findings; defining term; authorizing the Division of Highways to acquire real or personal property for utility accommodation; authorizing the division to lease real property to utilities; allowing the division to pay for utility relocation costs subject to reimbursement agreement; specifying methods of preliminary engineering design work completion and utility relocation construction work payment; providing legislative and emergency rule-making authority; and providing for allocation of costs and the repayments thereof for utility relocation on any state highway construction projects financed by proceeds of bonds or notes which are issued before July 1, 2021.”

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

Conference Committee Report Availability

            At 3:14 p.m., the Clerk announced that the report of the Committee of Conference on Com. Sub. for S. B. 46, Permitting pharmacists to inform customers of lower-cost alternative drugs, shall be available in the Clerk’s Office.

Special Calendar

Third Reading

- continued -

            S. B. 551, Relating to failure of employers to make contributions on behalf of employees to retirement plan administered by CPRB; on third reading, coming up in regular order, was read a third time. 

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 473), and there were--yeas 97, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Upson.

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 551) passed.

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

S. B. 551 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-13; and to amend and reenact §61-10-20 of said code, all relating to failure of employers to make contributions on behalf of employees to a retirement plan administered by the Consolidated Public Retirement Board; authorizing the State Auditor, county commission, or sheriff of the county in which the employer is located to withhold moneys due to a public employer  that is delinquent in required contributions to a retirement plan after the Consolidated Public Retirement Board has certified the delinquency; authorizing withheld moneys to be applied to the retirement system the delinquent payments would have been made to; providing for interest on delinquencies; requiring the Consolidated Public Retirement Board to provide notice to a participating employer thirty days prior to certifying a delinquency under this section; making it a criminal offense for persons who are responsible for ensuring that an entity complies with the requirements of a retirement plan administered by the Consolidated Public Retirement Board to knowingly and willfully fail to make employee or employer contributions to a retirement plan for a period of sixty days after the payment is due; and providing criminal penalties.

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

            Com. Sub. for S. B. 556, Creating small business and minority populations economic and workforce development taskforce to assist Economic Development Authority; on third reading, coming up in regular order, with restricted right to amend by Delegates Cowles and Miley, was reported by the Clerk.

            On motion of Delegates Cowles and Miley, the bill was amended on page seven, section three, line one hundred fifty-two after the words “small businesses”, by inserting the words “with less than seventy-five full-time employees or full-time equivalent employees” and a comma.

            On page seven, section three, line one hundred fifty-six after the words “African Americans”, by inserting a comma and the words “American Indian, Alaskan Native, Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other economically disadvantaged ethnic group” and a comma.

            And,

            On page seven, section three, line one hundred fifty-seven, after the word “The”, by inserting the words “Small and”.

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 474), and there were--yeas 84, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Butler, Cowles, Fast, Folk, Foster, Gearheart, Graves, Harshbarger, Hill, McGeehan, Overington, Storch and Wilson.

Absent and Not Voting: Deem and Hicks.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 556) passed.

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

            S. B. 592, Adding examination of advanced care technician for firefighter paramedic; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 475), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Marcum.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 592) passed.

An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 592 - “A Bill to amend and reenact §8-15-20a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-6 of this code; and to amend said code by adding thereto a new section, designated §16-4C-6d, all relating to advanced care technicians and emergency medical technicians; authorizing commissioner of the Bureau of Public Health to certify certain scopes of practice and levels of certification; requiring an applicant to be certified; requiring examination for certification; and providing for qualified veterans to take certification examinations.”

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

            S. B. 612, Relating to sale of municipal property; on third reading, coming up in regular order, was read a third time.

Delegates Kessinger and Ward requested to be excused from voting on the passage of S. B. 612 under the provisions of House Rule 49.

The Speaker 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 the Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 476), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Sobonya.

Absent and Not Voting: Cowles and Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 612) passed.

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

            Com. Sub. for S. B. 625, Creating WV Volunteer Fire and Rescue Act of 2018; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 477), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Cowles and Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 625) passed.

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

            Com. Sub. for S. B. 625 - “A Bill to amend and reenact §5A-3-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-3-8a; to amend and reenact §5H-1-2 of said code; to amend and reenact §7-1-3d of said code; to amend and reenact §8-15-3 of said code; to amend and reenact §16-4C-6 and §16-4C-8 of said code; to amend said code by adding thereto two new sections, designated §16-4C-8a and §16-4C-24; to amend said code by adding thereto a new section, designated §17-2A-8d; to amend said code by adding thereto three new sections, designated §29-3-5e, §29-3-5f and §29-3-8; to amend and reenact §29-3-12 of said code; and to amend said code by adding thereto a new section, designated §33-3-33b, all relating to fire and other emergency hazards generally; requiring Director of Purchasing Division make facilities and services of the division available to fire departments and companies and certain emergency medical services agencies; authorizing director to provide for implementation by legislative rules or other agreement; authorizing payment of death benefits to survivors of firefighter, emergency medical services, or law-enforcement provider who dies as a proximate result of the performance of his or her duties; providing for written designation of beneficiary to be made with State Fire Marshal or Commissioner of the Bureau for Public Health; requiring any county fire prevention units to be formed and recognized under the regulations of the State Fire Commission for local fire departments; increasing authorized reimbursement rate amount; providing exception for incidents or accidents involving hazardous materials or extended search and rescue and water rescue incidents; requiring payment of amounts owed as reimbursement within 90 days; authorizing written agreements between fire department or company and responsible party; modifying provisions relating to fire fees imposed on nonresidents of a municipality who are users of that municipality’s fire service; capping the amount of the fees which can be imposed; excluding charges for certain buildings; requiring contract to impose fees for services provided to property outside municipal boundaries; authorizing Commissioner of the Bureau for Public Health to establish one or more statewide contracts for equipment and supplies utilized by emergency medical services agencies; requiring statewide contracts be made available to certain emergency medical services agencies; authorizing development of uniform standards for equipment and supplies used by emergency medical services agencies; giving legislative rule-making authority to Commissioner of the Bureau for Public Health to implement provisions; requiring Commissioner of the Bureau for Public Health to recognize and give full credit for all continuing education credits approved or recognized by state or nationally recognized accrediting body; establishing courtesy certification program for certified emergency medical service personnel in states bordering West Virginia; relieving courtesy certification applicants from requirement to comply with state certification standards; authorizing rulemaking to implement courtesy certification program; providing for biennial renewal of courtesy certification; authorizing revocation of courtesy certification under certain conditions; establishing special revenue fund known as Emergency Medical Services Equipment and Training Fund; authorizing use of fund for grants to equip emergency medical service providers and train emergency medical services personnel; requiring Commissioner of the Bureau for Public Health establish grant program for equipment and training of emergency medical services providers and personnel; setting eligibility and certain priorities for grant program; granting rule-making authority to implement grant program; authorizing Commissioner of Division of Highways enter into reimbursement agreements with certain fire departments for services provided relating to tree or debris removal from state highways and rights-of-way; setting conditions for and defining scope of reimbursement; retaining authority of commissioner to properly remove and dispose of cleared trees, debris, or other obstacles; granting legislative rule-making authority to implement reimbursement program; setting minimum provisions for legislative rule; authorizing State Fire Marshal establish one or more statewide contracts for equipment and supplies utilized by fire companies and departments; requiring statewide contracts be made available to certain fire companies and departments as well as any other agency or subdivision with a need for those equipment or supplies; authorizing development of uniform standards for equipment and supplies used by fire companies and departments; giving legislative rule-making authority to State Fire Commission to implement provisions; establishing courtesy certification program for certified firefighters in states bordering West Virginia as volunteer firefighters; relieving courtesy certification applicants from requirement to comply with state certification standards for volunteer firefighters; authorizing rulemaking to implement courtesy certification program; providing for biennial renewal of courtesy certification; authorizing revocation of courtesy certification under certain conditions; establishing special revenue fund known as Fire Service Equipment and Training Fund; authorizing use of fund for grants to equip volunteer and part-volunteer fire companies and departments and their members, and train volunteer and part-volunteer firefighters; requiring State Fire Marshal establish grant program for equipment and training of volunteer and part-volunteer fire companies and departments and volunteer firefighters; setting eligibility and certain factors for State Fire Marshal to consider in making grants; granting rule-making authority to implement grant program; requiring State Fire Marshal prepare certain reports and make certain recommendations; requiring study and report from Insurance Commissioner regarding issues related to workers’ compensation for volunteer and part-volunteer fire departments; eliminating obsolete language; and making technical corrections.”

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

At 3:48 p.m., on motion of Delegate Foster, the House of Delegates recessed until 4:30 p.m.

* * * * * * * *

Evening Session

* * * * * * * *

            The House of Delegates was called to order by the Honorable Tim Armstead, Speaker.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4401, Relating to the registration of business.

            Delegate Cowles moved that the House of Delegates concur in the following amendment of the bill by the Senate, with further amendment:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

chapter 21. labor.

article 3. safety and welfare of employees.

§21-3-7. Regulation of operation of steam boilers.

(a) Any person owning or operating a steam boiler carrying more than fifteen pounds pressure per square inch (except boilers on railroad locomotives subject to inspection under federal laws; portable boilers used for agricultural purposes; boilers on automobiles; boilers of steam fire engines brought into the state for temporary use in times of emergency for the purpose of checking conflagrations; boilers used in private residences which are used solely for residential purposes; any sectional boilers; small portable boilers commonly used in the oil and gas industry about their wells and tool houses; and boilers under the jurisdiction of the United States) in this state shall first obtain a permit to operate a steam boiler from the Commissioner of Labor, or from an inspector working under his or her jurisdiction.

(b) Applications for permits to operate a steam boiler must be accompanied by a sworn statement made by the owner or operator of such boiler, setting forth the condition of the boiler and its appurtenances at which time, if the facts disclosed by such statement meet the safety requirements established under this article, the Commissioner of Labor shall issue a temporary permit, which shall be valid until such boiler has been inspected by a boiler inspector authorized by the state Commissioner of Labor; thereupon, if the boiler meets the safety requirements established under this article, the Commissioner of Labor shall issue an annual permit to operate such steam boiler: Provided, That boilers which are insured by an insurance company operating in this state and which are inspected by such insurance company’s boiler inspector shall not be subject to inspection by the state Division of Labor, during any twelve-month period during which an inspection is made by the insurance company’s boiler inspector.

(c) The Commissioner of Labor or state boiler inspector shall have the authority to inspect steam boilers in this state. To carry out the provisions of this section, the Commissioner of Labor shall prescribe rules and regulations under which boilers may be constructed and operated, according to their class. The Commissioner of Labor may revoke any permit to operate a steam boiler if the rules prescribed by the Commissioner of Labor, or his or her authorized representative, are violated or if a condition shall prevail which is hazardous to the life and health of persons operating or employed at or around the boiler. Any person or corporation who shall operate a steam boiler for which a permit is necessary under the provisions of this section, without first obtaining such permit to operate a steam boiler, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500. Every day a steam boiler requiring a permit to operate is operated without the permit is a separate offense.

(d) The commissioner shall charge an annual fee to be established by legislative rule for the inspection of boilers by the division, for the processing of inspection reports from insurance companies, for the issuing of annual permits to operate boilers and for the commissioning of insurance company boiler inspectors. The commissioner shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code §29A-3-1 et seq. of this code for the implementation and enforcement of this section. No fee may be charged for the inspection of boilers used on mobile equipment or vehicles used for occasional entertainment or display purposes.

(e) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the Steam Boiler Fund and expended for the implementation and enforcement of this section. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this section may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.

article 3C. elevator safety.

§21-3C-11. Disposition of fees; legislative rules.

(a) The division shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code §29A-3-1 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:

(1) Standards, qualifications and procedures for submitting applications, taking examinations and issuing and renewing licenses, certificates of competency and certificates of operation of the three licensure classifications set forth in section ten-a of this article §21-3C-10a of this code;

(2) For the renewal of a license, even if the licensee is unemployed or not working in the industry: Provided, That to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining an elevator or related conveyance covered by this article, the licensee shall be a contractor, or be employed by a contractor licensed pursuant to section six, article eleven, chapter twenty-one §21-11-6 of the code;

(3) Qualifications and supervision requirements for elevator apprentices;

(4) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work as defined in this article and who apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject to all licensure requirements, including the examination;

(5) Provisions for the granting of emergency licenses in the event of an emergency due to disaster, act of God or work stoppage when the number of persons in the state holding licenses issued pursuant to this article is insufficient to cope with the emergency;

(6) Provisions for the granting of temporary licenses in the event that there are no elevator mechanics available to engage in the work of an elevator mechanic as defined by this article;

(7) Continuing education requirements;

(8) Procedures for investigating complaints and revoking or suspending licenses, certificates of competency and certificates of operation, including appeal procedures;

(9) Fees for testing, issuance and renewal of licenses, certificates of competency and certificates of operation, and other costs necessary to administer the provisions of this article;

(10) Enforcement procedures; and

(11) Any other rules necessary to effectuate the purposes of this article.

(b) The rules proposed for promulgation pursuant to subsection (a) of this section shall establish the amount of any fee authorized pursuant to the provisions of this article: Provided, That in no event may the fees established for the issuance of certificates of operation exceed $90.

(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury known as the Elevator Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(d) The division may enter into agreements with counties and municipalities whereby such counties and municipalities be permitted to retain the inspection fees collected to support the enforcement activities at the local level.

(e) The commissioner or his or her authorized representatives may consult with engineering authorities and organizations concerned with standard safety codes, rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation and the qualifications which are adequate, reasonable and necessary for the elevator mechanic and inspector.

article 3d. crane operator certification act.

§21-3D-8. Crane Operator Certification Fund; fees; disposition of funds.

(a) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account known as the Crane Operator Certification Fund in the State Treasury and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(b) The commissioner may set reasonable application fees for the issuance or renewal of certificates and other services associated with crane operator certification.

article 5. wage payment and collection.

§21-5-5c. License required for psychophysiological detection of deception examiners; qualifications; promulgation of rules governing administration of psychophysiological detection of deception examinations.

(a) No person, firm or corporation shall administer a psychophysiological detection of deception examination, lie detector or other similar examination utilizing mechanical or electronic measures of physiological reactions to evaluate truthfulness without holding a current valid license to do so as issued by the Commissioner of Labor. No examination shall be administered by a licensed corporation except by an officer or employee thereof who is also licensed.

(b) A person is qualified to receive a license as an examiner if he or she:

(1) Is at least twenty-one years of age;

(2) Is a citizen of the United States;

(3) Has not been convicted of a misdemeanor involving moral turpitude or a felony;

(4) Has not been released or discharged with other than honorable conditions from any of the armed services of the United States or that of any other nation;

(5) Has passed an examination conducted by the Commissioner of Labor or under his or her supervision to determine his or her competency to obtain a license to practice as an examiner;

(6) Has satisfactorily completed not less than six months of internship training; and

(7) Has met any other qualifications of education or training established by the Commissioner of Labor in his or her sole discretion which qualifications are to be at least as stringent as those recommended by the American Polygraph Association.

(c) The Commissioner of Labor may designate and administer any test he or she considers appropriate to those persons applying for a license to administer psychophysiological detection of deception, lie detector or similar examination. The test shall be designed to ensure that the applicant is thoroughly familiar with the code of ethics of the American Polygraph Association and has been trained in accordance with association rules. The test must also include a rigorous examination of the applicant’s knowledge of and familiarity with all aspects of operating psychophysiological detection of deception equipment and administering psychophysiological detection of deception examinations.

(d) The license to administer psychophysiological detection of deception, lie detector or similar examinations to any person shall be issued for a period of one year. It may be reissued from year to year. The licenses to be issued are:

(1) ‘Class I license’ which authorizes an individual to administer psychophysiological detection of deception examinations for all purposes which are permissible under the provisions of this article and other applicable laws and rules.

(2) ‘Class II license’ which authorizes an individual who is a full-time employee of a law-enforcement agency to administer psychophysiological detection of deception examinations to its employees or prospective employees only.

(e) The Commissioner of Labor shall charge an annual fee to be established by legislative rule. All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the Psychophysiological Examiners Fund and expended for the implementation and enforcement of this section. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this section may be utilized by the commissioner as needed to meet the division’s funding obligations. In addition to any other information required, an application for a license shall include the applicant’s Social Security number.

(f) The Commissioner of Labor shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a §29A-3-1 et seq. of this code governing the administration of psychophysiological detection of deception, lie detector or similar examination to any person: Provided, That all applicable rules in effect on the effective date of sections five-a, five-b, five-c and five-d of this article §21-5-5a, §21-5-5b, §21-5-5c and §21-5-5d of this code will remain in effect until amended, withdrawn, revoked, repealed or replaced. The legislative rules shall include:

(1) The type and amount of training or schooling necessary for a person before which he or she may be licensed to administer or interpret a psychophysiological detection of deception, lie detector or similar examination;

(2) Testing requirements including the designation of the test to be administered to persons applying for licensure;

(3) Standards of accuracy which shall be met by machines or other devices to be used in psychophysiological detection of deception, lie detector, or similar examination;

(4) The conditions under which a psychophysiological detection of deception, lie detector, or similar examination may be administered;

(5) Fees for licenses, renewals of licenses, and other services provided by the commissioner;

(6) Any other qualifications or requirements, including continuing education, established by the commissioner for the issuance or renewal of licenses; and

(7) Any other purpose to carry out the requirements of sections five-a, five-b, five-c and five-d of this article §21-5-5a, §21-5-5b, §21-5-5c and §21-5-5d of this code.

article 9. manufactured housing construction and safety standards.

§21-9-9. License required; fees; form of license; display of license; denial, suspension, or revocation.

(a) No manufacturer, dealer, distributor or contractor shall engage in business in this state without first having applied for and received a license pursuant to this section. The license shall authorize the holder to engage in the business permitted by the license. All license applications shall be accompanied by the required fee and surety bond or other form of assurance or fee assessed in satisfaction of assurance as required by rule or regulation promulgated by the board.

(b) All licenses shall be granted or refused within thirty days after proper and complete application. All licenses shall expire on June 30 of each year, unless sooner revoked or suspended. Applications shall be deemed valid for a period of thirty days.

(c) The annual license fees shall be in the amounts prescribed from time to time by rules promulgated by the board but in no event less than the following amounts:

(1) For manufacturers, $300;

(2) For dealers, $100;

(3) For distributors, $100; and

(4) For contractors, $50: Provided, That if a contractor has met the licensing requirements of this article and the West Virginia Contractor Licensing Act in article eleven of this chapter §21-11-1 et seq. of this code, has paid the annual license fee under section eight of said article §21-11-8 of this code and has furnished bond or other assurance or fee under section ten of this article §21-9-10 of this code, he or she shall not be required to pay the annual license fee set forth in this section.

(d) The board shall prescribe the form of license and each license shall have affixed thereon the seal of the state Division of Labor.

(e) Each licensee shall conspicuously display the license in its established place of business.

(f) Pursuant to such rules and regulations as may be promulgated by the board, the board may deny the issuance of a license or revoke or suspend any license.

(g) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury to be known as the State Manufactured Housing Administration Fund. Expenditures from the fund shall be for the administration and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

article 10. amusement rides and amusement attractions safety act.

§21-10-4. Inspection and permit fees.

(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit. The division shall waive the inspection fee for any ride or attraction whose owner provides proof of nonprofit business status or for any ride or attraction whose owner provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section six of this article §21-10-6 of this code.

(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any owner or operator requires an inspection as the result of a violation of the permitting requirements of section six of this article §21-10-6 of this code, the division shall charge the owner or operator $75 per hour in addition to the established inspection fee, including travel time.

(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(d) No inspection fee may be charged public agencies.

(e) The division shall issue, and the owner, operator, or both of the amusement rides and amusement attractions shall visibly display to the public, inspection stickers denoting and signifying that the inspection and permit fee authorized by this section has been paid or waived.

aRTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

§21-11-17. Recordkeeping; fees.

(a) The division shall keep a record of all actions taken and account for moneys received. All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury to be known as the West Virginia Contractor Licensing Board Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(b) The division shall maintain at its principal office, open for public inspection during regular office hours, a complete indexed record of all applications, licenses issued, licenses renewed and all revocations, cancellations, and suspensions of licenses. Applications shall show the date of application, name, qualifications, place of business and place of residence of each applicant; and whether the application was approved or refused.

(c) (1) All investigations, complaints, reports, records, proceedings, and other information received by the commissioner and board and related to complaints made to the commissioner or board or investigations conducted by the commissioner or board pursuant to this article, including the identity of the complainant or respondent, shall be confidential and shall not be knowingly and improperly disclosed by any member or former member of the board, the commissioner or staff, except as follows:

(A) Upon a finding that probable cause exists to believe that a respondent has violated the provisions of this article, the complaint and all reports, records, nonprivileged and nondeliberative materials introduced at any probable cause hearing held pursuant to the complaint are thereafter not confidential: Provided, That confidentiality of such information shall remain in full force and effect until the respondent has been served with a copy of the statement of charges.

(B) Any subsequent hearing held in the matter for the purpose of receiving evidence or the arguments of the parties or their representatives shall be open to the public and all reports, records, and nondeliberative materials introduced into evidence at such subsequent hearing, as well as the board’s and commissioner’s orders, are not confidential.

(C) The commissioner or board may release any information relating to an investigation at any time if the release has been agreed to in writing by the respondent.

(D) The complaint as well as the identity of the complainant shall be disclosed to a person named as respondent in any such complaint filed immediately upon such respondent’s request.

(E) Where the commissioner or board is otherwise required by the provisions of this article to disclose such information or to proceed in such a manner that disclosure is necessary and required to fulfill such requirements.

(2) If, in a specific case, the commissioner or board finds that there is a reasonable likelihood that the dissemination of information or opinion in connection with a pending or imminent proceeding will interfere with a fair hearing or otherwise prejudice the due administration of justice, the commissioner or board shall order that all or a portion of the information communicated to the commissioner or board to cause an investigation and all allegations of violations or misconduct contained in a complaint shall be confidential, and the person providing such information or filing a complaint shall be bound to confidentiality until further order of the board.

(d) If any person violates the provisions of subsection (c) of this section by knowingly and willfully disclosing any information made confidential by such section or by the commissioner or board, such person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or confined in jail not more than one month, or both fined and confined.

(e) The commissioner shall certify to the State Auditor and to the board a detailed statement of all moneys received and spent during the preceding fiscal year.

ARTICLE 14. SUPERVISION OF PLUMBING WORK.

§21-14-9. Disposition of fees.

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in a special revenue account in the State Treasury to be known as the Plumbing Work Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.

§21-15-7. Inspection and permit fees.

(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each zipline or canopy tour.

(1) The annual inspection fee, if an inspection is to be done by the division, is $100 for each zipline or canopy tour.

(2) The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit.

(3) The division shall waive the inspection fee for a zipline or canopy tour whose operator provides proof of nonprofit business status or for any zipline or canopy tour whose operator provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section nine of this article §21-15-9 of this code.

(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any operator requires an inspection as the result of a violation of the permitting requirements of section nine of this article §21-15-9 of this code, the division shall charge the operator $75 per hour in addition to the established inspection fee, including travel time.

(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(d) No inspection fee may be charged public agencies.

article 16. regulation of heating, ventilating, and cooling work.

§21-16-10. Disposition of fees.

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the HVAC Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

chapter 47. regulation of trade.

ARTICLE 1. WEIGHTS AND MEASURES.

§47-1-8. Requirements for the registration of service persons and service agencies for commercial weighing and measuring devices.

(a) The uniform regulation for the voluntary registration of service persons and service agencies for commercial weighing and measuring devices as adopted by The National Conference of Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations and supplements thereto or revisions thereof, shall apply to the registration of service persons and service agencies in the state, except insofar as modified or rejected by legislative rule.

(b) Beginning January 1, 2018, the commissioner shall charge an annual registration fee for service persons and service agencies to be established by legislative rule: Provided, That upon the effective date of the amendments to this section adopted in the 2018 Regular Session of the Legislature, the division may not charge an annual registration fee. The commissioner may file an emergency rule prior to January 1, 2018, to implement and administer the amendments made to this section during the 2017 regular session. The commissioner may also propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code for the implementation and enforcement of this section.

(c) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

§47-1-20. State measurement laboratory.

(a) The commissioner shall operate and maintain a state measurement laboratory certified and approved by the National Institute of Standards and Technology. The laboratory shall be used to both house and maintain the state primary standards and secondary standards as traceable to the national standards and to test or calibrate any secondary or working standards which are submitted for test as required by this article.

(b) The commissioner shall promulgate rules, pursuant to chapter twenty-nine-a §29A-1-1 et seq. of this code to assess fees for weights and measures, laboratory calibration, and testing. All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited into an appropriated special revenue account in the State Treasury to be known as the Weights and Measures Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(c) The commissioner shall provide such personnel as required to operate the laboratory in a manner which is consistent with the needs of this article. Personnel shall be trained and certified to perform all such calibrations and tests as required by the National Institute of Standards and Technology to maintain traceability of the state standards to national standards, and to properly maintain the laboratory facility as certified and traceable to the National Institute of Standards and Technology.

§47-1-21. Registration of business.

(a) On or before October 1, 1994, every commercial business in the state which, in the course of conducting business, utilizes weights, measures, and weighing and measuring devices covered by this article shall obtain a certificate of device registration for the commercial devices covered by this article, from the division. After October 1, 1994, it shall be unlawful in the state to conduct business subject to the provisions of this article without having first obtained a certificate of device registration from the division. Application for a certificate of device registration shall be made on a form provided by the division.

(b) A certificate of device registration is valid for 12 months from the date of issue. The certificate of device registration shall be posted within the place of business.

(c) Application for the renewal of a certificate of device registration shall be made on a form provided by the division at least 30 days prior to the renewal due date. The commissioner may deny the renewal of device registration for cause where the cause is the result of the conviction of the applicant, in a court of competent jurisdiction, for a violation of this article.

(d) Beginning January 1, 2018, the division shall charge an annual device registration fee, to be established by legislative rule: Provided, That upon the effective date of the amendments to this section adopted in the 2018 Regular Session of the Legislature, the division may not charge an annual device registration fee. The commissioner may file an emergency rule prior to January 1, 2018, to implement and administer the amendments made to this section during the 2017 regular session. The commissioner may also propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code for the implementation and enforcement of this section.

(e) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

§47-1-22. Civil penalties.

(a) No person may:

(1) Use or have in possession for use in commerce any incorrect weight or measure;

(2) Sell or offer for sale for use in commerce any incorrect weight or measure;

(3) Remove any tag, seal, or mark from any weight or measure, without specific authorization from the Weights and Measures Section; or

(4) Violate any provisions of this article or rules promulgated under it, not defined in subsection (a), section twenty-three of this article §47-1-23(a) of this code .

(b) Any person who violates subsection (a) of this section or any rule promulgated by the commissioner may be assessed a civil penalty by the commissioner, which penalty may not be more than $1,000 for each violation. Each violation shall constitute a separate offense. In determining the amount of the penalty, the commissioner shall consider the person’s history of previous violations, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation.

(c) All civil penalties paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.

(d) A civil penalty may be assessed by the commissioner only after the commissioner has given at least ten days’ notice to the person. Notice shall be in writing, shall contain a short, plain statement of the matter asserted and shall designate a time and place for a hearing where the person may show cause why the civil penalty should not be imposed. Notice of hearing shall be sent by certified mail. The person may, at the time designated for the hearing, produce evidence on his or her behalf and be represented by l counsel.

(e) Any person aggrieved by a decision of the commissioner has the right to a contested case hearing under article five, chapter twenty-nine-a of this code, §29A-5-1 et seq. of this code.

article 1a. regulation and control of bedding and upholstery businesses.

§47-1A-14. Annual registration and permit fees.

(a) The annual registration fee for all manufacturers shipping or selling articles of bedding and for upholsterers or renovators, as defined in this article, in the State of West Virginia shall be $90, payable on the first day of the fiscal year. Any manufacturer, upholsterer, or renovator who submits an annual registration fee on or after July 16, shall pay a $25 late fee in addition to the annual fee.

(b) The annual sterilizer permit fee shall be $90, payable on the first day of the fiscal year. Any sterilizer who submits an annual permit fee on or after July 16, shall pay a $25 late fee in addition to the annual fee.

(c) The fee for reissuing a revoked or expired registration or permit shall be $90.

(d) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the Bedding and Upholstery Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, Amounts amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.”

And,

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

Com. Sub. for H. B. 4401 - “A Bill to amend and reenact §21-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §21-3C-11; to amend and reenact §21-3D-8; to amend and reenact §21-5-5c; to amend and reenact §21-9-9; to amend and reenact §21-10-4; to amend and reenact §21-11-17; to amend and reenact §21-14-9; to amend and reenact §21-15-7; to amend and reenact §21-16-10; to amend and reenact §47-1-8, §47-1-20, §47-1-21 and §47-1-22; and to amend and reenact §47-1A-14, all relating to the collection and use of fees by the Commissioner of the Division of Labor; authorizing commissioner to utilize certain excess funds to meet the division’s funding obligations through June 30, 2019; eliminating authority to use certain excess funds after June 30, 2019; eliminating authority to charge annual registration fee for service persons and service agencies; eliminating authority to charge annual device registration fee; and eliminating certain rulemaking authority.”

            On motion of Delegate Cowles, the House concurred in the Senate amendment with further amendment, on  page 4, section 11, line 39, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 5, section 8, line 6, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 7, section 5c, line 41, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 9, section 9, line 32, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 10, section 4, line 20, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 10, section 17, line 7, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 12, section 9, line 6, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 13, section 7, line 22, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 14, section 10, line 6, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 15, section 8, line 19, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 15, section 20, line 13, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 16, section 21, line 45, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”;

            On page 17, section 22, line 20, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”; and

            On page 18, section 14, line 15, following the word “obligation”, by inserting a semicolon and the following: “Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations”.

            The bill, as amended by the Senate, and further amended by the House, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 478), and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Ferro, Foster, Harshbarger, Hicks, Isner and Marcum.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4401) passed.

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

On this question, the yeas and nays were taken (Roll No. 479), and there were--yeas 93, nays 0, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Ferro, Foster, Harshbarger, Isner and Moore.

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. 4401) 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.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 633 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2018, in the amount of $1,620,000 from the Department of Revenue, Insurance Commissioner - Insurance Commission Fund, fund 7152, fiscal year 2018, organization 0704, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Health – Consolidated Medical Services Fund, fund 0525, fiscal year 2018, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2018.”

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 633) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate Cowles moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

            On this question, the yeas and nays were taken (Roll No. 480), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Foster, Harshbarger and Isner.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time, and ordered to third reading.

The bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 481), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Foster, Harshbarger and Isner.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 633) passed.

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

On this question, the yeas and nays were taken (Roll No. 482), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: Deem, Foster, Harshbarger and Isner.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 633) takes effect from its passage.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 635 - “A Bill to amend and reenact §5-5-4 of the Code of West Virginia, 1931, as amended, relating to a 2019 across-the-board salary adjustment for employees of the Department of Health and Human Resources.”

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 635) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            Delegate Cowles moved to dispense with the constitutional rule requiring the bill to be fully and distinctly read on three different days.

            On this question, the yeas and nays were taken (Roll No. 483), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Isner.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

The bill was read a second time, and ordered to third reading.

The bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 484), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Deem.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 635) passed.

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

Special Calendar

Third Reading

- continued -

            H. B. 4630, Relating to a 2019 across-the-board salary adjustment for employees of the Department of Health and Human Resources; on third reading, coming up in regular order, was, on motion of Delegate Cowles, laid upon the table.

            H. B. 4631, Expiring funds to the unappropriated surplus balance in the State Fund - Insurance Commission Fund; on third reading, coming up in regular order, was, on motion of Delegate Cowles, laid upon the table.

Second Reading

            Com. Sub. for S. B. 152, Budget Bill; on second reading, coming up in regular order, was read a second time.

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


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 2019.


            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 2019’ shall mean the period from July 1, 2018, through June 30, 2019.

            ‘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 except that for funds appropriated in Title II – Section 3, 6, or 7 funds may be transferred to the ‘personal services and employee benefits’ appropriation of the same fund in an amount not to exceed 5% of the enrolled appropriation for ‘personal services and employee benefits’: 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 consolidates, reorganizes or terminates agencies, boards or functions, the secretary or other appropriate agency head, or in the case of the termination of a spending unit of the state, the Director of the State Budget Office, in the absence of general law providing otherwise, may transfer the funds formerly appropriated to such agency, board or function, allocating items of appropriation as may be necessary if only part of the item may be allocated, in order to implement such consolidation, reorganization or termination. 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 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 2019.


LEGISLATIVE

                                                                                                         1 - Senate

Fund 0165 FY 2019 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                            4,011,332

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 2018 are to remain in full force and effect and are hereby reappropriated to June 30, 2019.  Any balances so reappropriated may be transferred and credited to the fiscal year 2018 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.


                                                                                           2 - House of Delegates

Fund 0170 FY 2019 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                             3,909,031

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

BRIM Premium (R)....................................................................        91300                                  70,000

     Total.......................................................................................                              $               8,904,031

            The appropriations for the House of Delegates for the fiscal year 2018 are to remain in full force and effect and are hereby reappropriated to June 30, 2019.  Any balances so reappropriated may be transferred and credited to the fiscal year 2018 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.


                                                                                                3 - Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2019 Org 2300


Joint Committee on Government and Finance (R)....................        10400            $               5,725,138

Legislative Printing (R)...............................................................        10500                                760,000

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

Legislative Computer System (R)..............................................        10700                             1,447,500

BRIM Premium (R)....................................................................        91300                                  60,569

     Total.......................................................................................                              $               8,140,457

            The appropriations for the Joint Expenses for the fiscal year 2018 are to remain in full force and effect and are hereby reappropriated to June 30, 2019. Any balances reappropriated may be transferred and credited to the fiscal year 2018 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.


JUDICIAL

                                                                                              4 - Supreme Court –

General Judicial

Fund 0180 FY 2019 Org 2400


Personal Services and Employee Benefits (R).........................        00100            $           102,856,258

Children’s Protection Act (R).....................................................        09000                                214,700

Current Expenses (R)................................................................        13000                           32,882,879

Repairs and Alterations (R).......................................................        06400                                236,450

Equipment (R)............................................................................        07000                             1,800,000

Judges’ Retirement System (R).................................................        11000                                779,000

Buildings (R)..............................................................................        25800                                100,000

Other Assets (R)........................................................................        69000                                200,000

BRIM Premium (R)....................................................................        91300                                690,383

     Total.......................................................................................                              $           139,759,670

            The appropriations to the Supreme Court of Appeals for the fiscal years 2017 and 2018 are to remain in full force and effect and are hereby reappropriated to June 30, 2019. Any balances so reappropriated may be transferred and credited to the fiscal year 2018 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

                                                                                              5 - Governor’s Office

(WV Code Chapter 5)

Fund 0101 FY 2019 Org 0100


Personal Services and Employee Benefits...............................        00100            $               3,171,318

Current Expenses (R)................................................................        13000                                760,888

Repairs and Alterations..............................................................        06400                                    2,000

National Governors Association.................................................        12300                                  60,700

Herbert Henderson Office of Minority Affairs............................        13400                                146,726

BRIM Premium..........................................................................        91300                                183,645

     Total.......................................................................................                              $               4,325,277

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0101, appropriation 09900), and Current Expenses (fund 0101, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

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


                                                                                            6 - Governor’s Office –

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2019 Org 0100


Personal Services and Employee Benefits...............................        00100            $                  364,421

Current Expenses (R)................................................................        13000                                183,158

Repairs and Alterations..............................................................        06400                                    5,000

     Total.......................................................................................                              $                  552,579

            Any unexpended balance remaining in the appropriation for Current Expenses (fund 0102, appropriation 13000) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                            7 - Governor’s Office –

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2019 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 2018 are hereby reappropriated for expenditure during the fiscal year.

            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.


                                                                                              8 - Auditor’s Office –

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2019 Org 1200


Personal Services and Employee Benefits...............................        00100            $               2,694,191

Current Expenses (R)................................................................        13000                                  13,429

BRIM Premium..........................................................................        91300                                  12,077

     Total.......................................................................................                              $               2,719,697

            Any unexpended balance remaining in the appropriation for Current Expenses (fund 0116, appropriation 13000) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

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


                                                                                             9 - Treasurer’s Office

(WV Code Chapter 12)

Fund 0126 FY 2019 Org 1300


Personal Services and Employee Benefits...............................        00100            $               2,480,419

Unclassified................................................................................        09900                                  30,415

Current Expenses (R)................................................................        13000                                475,100

Abandoned Property Program...................................................        11800                                  41,794

Other Assets...............................................................................        69000                                  10,000

ABLE Program...........................................................................        69202                                150,000

BRIM Premium..........................................................................        91300                                  59,169

     Total.......................................................................................                              $               3,246,897

            Any unexpended balances remaining in the appropriation for Current Expenses (fund 0126, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

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


                                                                                   10 - Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100            $               5,301,277

Animal Identification Program....................................................        03900                                126,318

State Farm Museum..................................................................        05500                                  87,759

Current Expenses (R)................................................................        13000                                141,960

Gypsy Moth Program (R)...........................................................        11900                                954,230

WV Farmers Market...................................................................        12801                                150,467

Black Fly Control........................................................................        13700                                453,164

Donated Foods Program...........................................................        36300                                  45,000

Veterans to Agriculture Program...............................................        36301                                250,000

Predator Control (R)...................................................................        47000                                176,400

Bee Research............................................................................        69100                                  67,822

Microbiology Program................................................................        78500                                  97,016

Moorefield Agriculture Center....................................................        78600                                933,624

Chesapeake Bay Watershed.....................................................        83000                                106,803

Livestock Care Standards Board...............................................        84300                                    8,820

BRIM Premium..........................................................................        91300                                138,905

State FFA-FHA Camp and Conference Center.........................        94101                                613,246

Threat Preparedness..................................................................        94200                                  70,731

WV Food Banks.........................................................................        96900                                126,000

Senior’s Farmers’ Market Nutrition Coupon Program...............        97000                                  55,835

     Total.......................................................................................                              $               9,905,377

            Any unexpended balances remaining in the appropriations for Gypsy Moth Program (fund 0131, appropriation 11900), Current Expenses (fund 0131, appropriation 13000), Predator Control (fund 0131, appropriation 47000), and Agricultural Disaster and Mitigation Needs – Surplus (fund 0131, appropriation 85000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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 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.


                                                                        11 - West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100            $                  754,823

Unclassified................................................................................        09900                                  77,059

Current Expenses (R)................................................................        13000                                317,848

Soil Conservation Projects (R)..................................................        12000                             6,649,447

BRIM Premium..........................................................................        91300                                  34,428

     Total.......................................................................................                              $               7,833,605

            Any unexpended balances remaining in the appropriations for Soil Conservation Projects (fund 0132, appropriation 12000), and Current Expenses (fund 0132, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                 12 - Department of Agriculture –

Meat Inspection Fund

(WV Code Chapter 19)

Fund 0135 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100            $                  640,093

Unclassified................................................................................        09900                                    7,090

Current Expenses......................................................................        13000                                  82,605

     Total.......................................................................................                              $                  729,788

            Any part or all of this appropriation may be transferred to a special revenue fund for the purpose of matching federal funds for the above-named program.


                                                                                 13 - Department of Agriculture –

Agricultural Awards Fund

(WV Code Chapter 19)

Fund 0136 FY 2019 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


                                                                                 14 - Department of Agriculture –

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100           $                     96,735

Unclassified................................................................................        09900                                       950

     Total.......................................................................................                             $                     97,685


                                                                                            15 - Attorney General

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

Fund 0150 FY 2019 Org 1500


Personal Services and Employee Benefits (R).........................        00100           $                2,537,784

Unclassified (R)..........................................................................        09900                                  24,428

Current Expenses (R)................................................................        13000                                762,097

Repairs and Alterations..............................................................        06400                                    1,000

Equipment..................................................................................        07000                                    1,000

Criminal Convictions and Habeas Corpus Appeals (R)............        26000                                923,582

Better Government Bureau........................................................        74000                                275,194

BRIM Premium..........................................................................        91300                                120,654

     Total.......................................................................................                             $                4,645,739

            Any unexpended balances remaining in the above appropriations for Personal Services and Employee Benefits (fund 0150, appropriation 00100), Unclassified (fund 0150, appropriation 09900), Current Expenses (fund 0150, appropriation 13000), Criminal Convictions and Habeas Corpus Appeals (fund 0150, appropriation 26000), and Agency Client Revolving Liquidity Pool (fund 0150, appropriation 36200) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                           16 - Secretary of State

(WV Code Chapters 3, 5 and 59)

Fund 0155 FY 2019 Org 1600


Personal Services and Employee Benefits...............................        00100           $                   118,794

Unclassified (R)..........................................................................        09900                                    9,555

Current Expenses (R)................................................................        13000                                805,948

BRIM Premium..........................................................................        91300                                  23,297

     Total.......................................................................................                             $                   957,594

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0155, appropriation 09900) and Current Expenses (fund 0155, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                  17 - State Election Commission

(WV Code Chapter 3)

Fund 0160 FY 2019 Org 1601


Personal Services and Employee Benefits...............................        00100           $                       2,477

Unclassified................................................................................        09900                                         75

Current Expenses......................................................................        13000                                    4,956

     Total.......................................................................................                             $                       7,508


DEPARTMENT OF ADMINISTRATION

                                                                             18 - Department of Administration –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2019 Org 0201


Personal Services and Employee Benefits...............................        00100           $                   591,118

Unclassified................................................................................        09900                                    9,177

Current Expenses......................................................................        13000                                  85,446

Repairs and Alterations..............................................................        06400                                       100

Equipment..................................................................................        07000                                    1,000

Financial Advisor (R).................................................................        30400                                  27,546

Lease Rental Payments.............................................................        51600                           15,000,000

Design-Build Board....................................................................        54000                                    4,000

Other Assets...............................................................................        69000                                       100

BRIM Premium..........................................................................        91300                                    6,299

     Total.......................................................................................                             $              15,724,786

            Any unexpended balance remaining in the appropriation for Financial Advisor (fund 0186, appropriation 30400) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

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


                                                                     19 - Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2019 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.


                                                                                          20 - Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2019 Org 0209


Personal Services and Employee Benefits...............................        00100           $                     64,696

Unclassified................................................................................        09900                                    1,400

Current Expenses......................................................................        13000                                  66,721

GAAP Project (R).......................................................................        12500                                593,684

BRIM Premium..........................................................................        91300                                    7,517

     Total.......................................................................................                             $                   734,018

            Any unexpended balance remaining in the appropriation for GAAP Project (fund 0203, appropriation 12500) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                21 - Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2019 Org 0211


Personal Services and Employee Benefits...............................        00100           $                2,593,147

Unclassified................................................................................        09900                                  20,000

Current Expenses......................................................................        13000                                728,849

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                           14,078,888

Other Assets...............................................................................        69000                                       500

Land (R).....................................................................................        73000                                       500

BRIM Premium..........................................................................        91300                                129,983

     Total.......................................................................................                             $              17,639,867

            Any unexpended balances remaining in the above appropriations for Buildings (fund 0230, appropriation 25800), Capital Outlay, Repairs and Equipment (fund 0230, appropriation 58900), Capital Outlay, Repairs and Equipment – Surplus (fund 0230, appropriation 67700), and Land (fund 0230, appropriation 73000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                      22 - Division of Purchasing

(WV Code Chapter 5A)

Fund 0210 FY 2019 Org 0213


Personal Services and Employee Benefits...............................        00100           $                1,023,307

Unclassified................................................................................        09900                                       144

Current Expenses......................................................................        13000                                    1,285

Repairs and Alterations..............................................................        06400                                       200

BRIM Premium..........................................................................        91300                                    6,922

     Total.......................................................................................                             $                1,031,858

            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.


                                                                                         23 - Travel Management

(WV Code Chapter 5A)

Fund 0615 FY 2019 Org 0215


Personal Services and Employee Benefits...............................        00100           $                   779,867

Unclassified................................................................................        09900                                  12,032

Current Expenses......................................................................        13000                                440,247

Repairs and Alterations..............................................................        06400                                    1,000

Equipment..................................................................................        07000                                    5,000

Buildings (R)..............................................................................        25800                                       100

Other Assets...............................................................................        69000                                       100

     Total.......................................................................................                             $                1,238,346

            Any unexpended balance remaining in the appropriation for Buildings (fund 0615, appropriation 25800) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                        24 - Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2019 Org 0217


Current Expenses......................................................................        13000           $                     45,550

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


                                                         25 - West Virginia Public Employees Grievance Board

(WV Code Chapter 6C)

Fund 0220 FY 2019 Org 0219


Personal Services and Employee Benefits...............................        00100           $                   935,883

Unclassified................................................................................        09900                                    1,000

Current Expenses......................................................................        13000                                143,754

Equipment..................................................................................        07000                                         50

BRIM Premium..........................................................................        91300                                  10,281

     Total.......................................................................................                             $                1,090,968


                                                                                          26 - Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2019 Org 0220


Personal Services and Employee Benefits...............................        00100           $                   588,831

Unclassified................................................................................        09900                                    2,200

Current Expenses......................................................................        13000                                104,501

Repairs and Alterations..............................................................        06400                                       500

Other Assets...............................................................................        69000                                       100

BRIM Premium..........................................................................        91300                                    5,574

     Total.......................................................................................                             $                   701,706


                                                                                   27 - Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2019 Org 0221


Personal Services and Employee Benefits...............................        00100           $                1,367,785

Unclassified................................................................................        09900                                314,700

Current Expenses......................................................................        13000                                  12,740

Public Defender Corporations....................................................        35200                           19,204,999

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

BRIM Premium..........................................................................        91300                                  10,575

     Total.......................................................................................                             $              31,633,914

            Any unexpended balance remaining in the above appropriation for Appointed Counsel Fees (fund 0226, appropriation 78800) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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).


                                                                              28 - Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2019 Org 0224


Personal Services and Employee Benefits...............................        00100           $                       3,187

Current Expenses......................................................................        13000                                       868

     Total.......................................................................................                             $                       4,055


                                                                       29 - Public Employees Insurance Agency

(WV Code Chapter 5)

Fund 0200 FY 2019 Org 0225


PEIA Subsidy.............................................................................        80100           $              21,000,000

            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.

            The above appropriation for PEIA Subsidy (fund 0200, appropriation 80100) may be transferred to a special revenue fund and shall be utilized by the West Virginia Public Employees Insurance Agency for the purposes of offsetting benefit changes to offset the aggregate premium cost-sharing percentage requirements between employers and employees. Such amount shall not be included in the calculation of the plan year aggregate premium cost-sharing percentages between employers and employees.


                                                               30 - West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2019 Org 0228


Forensic Medical Examinations (R)...........................................        68300           $                   139,611

Federal Funds/Grant Match (R).................................................        74900                                101,418

     Total.......................................................................................                             $                   241,029

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                         31 - Real Estate Division

(WV Code Chapter 5A)

Fund 0610 FY 2019 Org 0233


Personal Services and Employee Benefits...............................        00100           $                   660,855

Unclassified................................................................................        09900                                    1,000

Current Expenses......................................................................        13000                                138,631

Repairs and Alterations..............................................................        06400                                       100

Equipment..................................................................................        07000                                    2,500

BRIM Premium..........................................................................        91300                                    8,534

     Total.......................................................................................                             $                   811,620


DEPARTMENT OF COMMERCE

                                                                                          32 - Division of Forestry

(WV Code Chapter 19)

Fund 0250 FY 2019 Org 0305


Personal Services and Employee Benefits...............................        00100           $                2,743,667

Unclassified................................................................................        09900                                  21,435

Current Expenses......................................................................        13000                                338,953

Repairs and Alterations..............................................................        06400                                  80,000

Equipment (R)............................................................................        07000                                    2,061

BRIM Premium..........................................................................        91300                                  98,754

     Total.......................................................................................                             $         3,284,870

            Any  unexpended  balance  remaining  in  the  appropriation  for  Equipment  (fund  0250,

Appropriation 07000) at the close of the fiscal year 2018 is hereby reappropriated for expenditure

during the fiscal year 2019.

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


                                                                           33 - Geological and Economic Survey

(WV Code Chapter 29)

Fund 0253 FY 2019 Org 0306


Personal Services and Employee Benefits...............................        00100           $                1,614,784

Unclassified................................................................................        09900                                  27,678

Current Expenses......................................................................        13000                                  51,524

Repairs and Alterations..............................................................        06400                                       968

Mineral Mapping System (R).....................................................        20700                             1,114,009

BRIM Premium..........................................................................        91300                                  24,486

     Total.......................................................................................                             $                2,833,449

            Any unexpended balance remaining in the appropriation for Mineral Mapping System (fund 0253, appropriation 20700) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            The above Unclassified and Current Expense 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.


                                                                          34 - West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2019 Org 0307


Personal Services and Employee Benefits...............................        00100           $                4,204,485

Unclassified................................................................................        09900                                108,687

Current Expenses......................................................................        13000                             3,769,645

National Youth Science Camp...................................................        13200                                241,570

Local Economic Development Partnerships (R).......................        13300                                792,000

ARC Assessment.......................................................................        13600                                152,585

Infrastructure and Economic Development Projects.................        23401                             3,000,000

Guaranteed Work Force Grant (R)............................................        24200                                970,955

Mainstreet Program...................................................................        79400                                164,655

BRIM Premium..........................................................................        91300                                    3,157

Hatfield McCoy Recreational Trail.............................................        96000                                198,415

     Total.......................................................................................                             $              13,606,154

            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), and Local Economic Development Assistance (fund 0256, appropriation 81900) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.

                                                                                           35 - Division of Labor -

Weights and Measures Fund

(WV Code Chapter 47)

Fund 0260 FY 2019 Org 0308


Personal Services and Employee Benefits...............................        00100           $         1,500,000           

Current Expenses......................................................................        13000                                227,000

Repairs and Alterations..............................................................        06400                                  28,000

Equipment..................................................................................        07000                                  15,000

BRIM Premium..........................................................................        91300                                    8,500

     Total.......................................................................................                             $                1,778,500


                                                                              36 - Division of Natural Resources

(WV Code Chapter 20)

Fund 0265 FY 2019 Org 0310


Personal Services and Employee Benefits...............................        00100           $         16,193,634           

Unclassified................................................................................        09900                                184,711

Current Expenses......................................................................        13000                                196,302

Repairs and Alterations..............................................................        06400                                       100

Equipment..................................................................................        07000                                       100

Buildings.....................................................................................        25800                                       100

Capital Outlay – Parks………………………………………….....       28800                             3,000,000

Litter Control Conservation Officers..........................................        56400                                142,712

Upper Mud River Flood Control.................................................        65400                                163,385

Other Assets...............................................................................        69000                                       100

Land (R).....................................................................................        73000                                       100

Law Enforcement.......................................................................        80600                             2,473,246

BRIM Premium..........................................................................        91300                                  45,141

     Total.......................................................................................                             $              22,399,631

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                             37 - Division of Miners’ Health, Safety and Training

(WV Code Chapter 22)

Fund 0277 FY 2019 Org 0314


Personal Services and Employee Benefits...............................        00100           $                9,249,358

Unclassified................................................................................        09900                                111,016

Current Expenses......................................................................        13000                             1,396,141

Coal Dust and Rock Dust Sampling..........................................        27000                                482,128

BRIM Premium..........................................................................        91300                                  80,668

     Total.......................................................................................                             $              11,319,311

            Included in the above appropriation for Current Expenses (fund 0277, appropriation 13000) is $500,000 to be used for coal mine training activities at an established mine training facility in southern West Virginia.


                                                                      38 - Board of Coal Mine Health and Safety

(WV Code Chapter 22)

Fund 0280 FY 2019 Org 0319


Personal Services and Employee Benefits...............................        00100           $                   231,169

Unclassified................................................................................        09900                                    3,480

Current Expenses......................................................................        13000                                118,138

     Total.......................................................................................                             $                   352,787

            Included in the above appropriation for Current Expenses (fund 0280, appropriation 13000) up to $29,000 shall be used for the Coal Mine Safety and Technical Review Committee.


                                                                                    39 - WorkForce West Virginia

(WV Code Chapter 23)

Fund 0572 FY 2019 Org 0323


Personal Services and Employee Benefits...............................        00100           $                     51,433

Unclassified................................................................................        09900                                       593

Current Expenses......................................................................        13000                                    7,337

     Total.......................................................................................                             $                     59,363


                                                                                 40 - Department of Commerce –

Office of the Secretary

(WV Code Chapter 19)

Fund 0606 FY 2019 Org 0327


Personal Services and Employee Benefits...............................        00100           $                   555,128

Unclassified................................................................................        09900                                    3,500

Current Expenses......................................................................        13000                                  15,089

     Total.......................................................................................                             $                   573,717


                                                                                             41 - Office of Energy

(WV Code Chapter 5B)

Fund 0612 FY 2019 Org 0328


Personal Services and Employee Benefits...............................        00100           $                   195,487

Unclassified................................................................................        09900                                  12,395

Current Expenses......................................................................        13000                             1,029,679

BRIM Premium..........................................................................        91300                                    3,894

     Total.......................................................................................                             $                1,241,455

            From the above appropriation for Current Expenses (fund 0612, appropriation 13000) $558,247 is for West Virginia University and $308,247 is for Southern West Virginia Community and Technical College for the Mine Training and Energy Technologies Academy.


DEPARTMENT OF EDUCATION

                                                                                  42 - State Board of Education –

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2019 Org 0402


Personal Services and Employee Benefits...............................        00100           $                   335,494

Current Expenses......................................................................        13000                             2,118,865

     Total.......................................................................................                             $                2,454,359


                                                                                  43 - State Board of Education –

State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2019 Org 0402


Personal Services and Employee Benefits...............................        00100           $                4,387,599

Teachers’ Retirement Savings Realized....................................        09500                           35,000,000

Unclassified (R)..........................................................................        09900                                300,000

Current Expenses (R)................................................................        13000                             2,572,000

Equipment..................................................................................        07000                                    5,000

Increased Enrollment.................................................................        14000                             2,910,000

Safe Schools..............................................................................        14300                             4,869,447

Teacher Mentor..........................................................................        15800                                550,000

National Teacher Certification (R).............................................        16100                                300,000

Buildings (R)..............................................................................        25800                                    1,000

Technology Repair and Modernization......................................        29800                                951,003

HVAC Technicians.....................................................................        35500                                506,851

Early Retirement Notification Incentive.....................................        36600                                300,000

MATH Program..........................................................................        36800                                336,532

Assessment Programs...............................................................        39600                             1,339,588

21st Century Fellows...................................................................        50700                                274,899

English as a Second Language.................................................        52800                                  96,000

Teacher Reimbursement...........................................................        57300                                297,188

Hospitality Training.....................................................................        60000                                270,103

Hi-Y Youth in Government.........................................................        61600                                100,000

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

Foreign Student Education........................................................        63600                                100,013

Principals Mentorship.................................................................        64900                                  69,250

State Board of Education Administrative Costs.........................        68400                                271,779

Other Assets...............................................................................        69000                                    1,000

IT Academy (R)..........................................................................        72100                                500,000

Land (R).....................................................................................        73000                                    1,000

Early Literacy Program..............................................................        75600                             5,700,000

School Based Truancy Prevention (R)......................................        78101                             2,015,366

Communities in Schools............................................................        78103                                400,000

21st Century Learners (R)..........................................................        88600                             1,726,944

BRIM Premium..........................................................................        91300                                342,859

21st Century Assessment and Professional Development........        93100                             2,004,447

21st Century Technology Infrastructure Network

     Tools and Support.................................................................        93300                             7,636,586

Educational Program Allowance................................................        99600                                516,250

     Total.......................................................................................                             $              78,152,704

            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), National Teacher Certification (fund 0313, appropriation 16100), Buildings (fund 0313, appropriation 25800), High Acuity Special Needs (fund 0313, appropriation 63400), IT Academy (fund 0313, appropriation 72100), Land (fund 0313, appropriation 73000), School Based Truancy Prevention (fund 0313, appropriation 78101), and 21st Century Learners (fund 0313, appropriation 88600) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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).

            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.

            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; $100,000 shall be for the Fayette County Board of Education for Meadow Bridge; and $66,250 is for Project Based Learning in STEM fields.


                                                                                  44 - State Board of Education –

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2019 Org 0402


Special Education – Counties....................................................        15900           $                7,271,757

Special Education – Institutions.................................................        16000                             3,858,654

Education of Juveniles Held in Predispositional

     Juvenile Detention Centers...................................................        30200                                625,614

Education of Institutionalized Juveniles and Adults (R)............        47200                           18,472,954

     Total.......................................................................................                             $              30,228,979

            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 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                  45 - State Board of Education –

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2019 Org 0402


Other Current Expenses............................................................        02200           $            149,651,626

Advanced Placement.................................................................        05300                                595,663

Professional Educators..............................................................        15100                         876,075,903

Service Personnel......................................................................        15200                         297,680,615

Fixed Charges............................................................................        15300                         103,542,614

Transportation............................................................................        15400                           73,375,145

Professional Student Support Services.....................................        65500                           38,686,260

Improved Instructional Programs...............................................        15600                           49,544,683

21st Century Strategic Technology Learning Growth................        93600                           21,584,131

Basic Foundation Allowances....................................................                                        1,610,736,640

Less Local Share.......................................................................                                        (458,622,709)

Adjustments................................................................................                                            (1,694,701)

Total Basic State Aid..................................................................                                        1,150,419,230

Public Employees’ Insurance Matching.....................................        01200                         232,810,116

Teachers’ Retirement System...................................................        01900                           72,719,190

School Building Authority...........................................................        45300                           23,420,520

Retirement Systems – Unfunded Liability..................................        77500                         353,640,000

     Total.......................................................................................                             $         1,833,009,056


                                                                                  46 - State Board of Education –

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2019 Org 0402


Personal Services and Employee Benefits...............................        00100           $                1,305,125

Unclassified................................................................................        09900                                268,800

Current Expenses......................................................................        13000                                883,106

Wood Products – Forestry Vocational Program........................        14600                                  73,715

Albert Yanni Vocational Program..............................................        14700                                132,123

Vocational Aid............................................................................        14800                           23,239,266

Adult Basic Education................................................................        14900                             4,894,607

Program Modernization..............................................................        30500                                884,313

High School Equivalency Diploma Testing (R).........................        72600                                790,743

FFA Grant Awards.....................................................................        83900                                  11,496

Pre-Engineering Academy Program.........................................        84000                                265,294

     Total.......................................................................................                             $              32,748,588

            Any unexpended balance remaining in the appropriation for High School Equivalency Diploma Testing (fund 0390, appropriation 72600) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                  47 - State Board of Education –

West Virginia Schools for the Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2019 Org 0403


Personal Services and Employee Benefits...............................        00100           $              11,588,010

Unclassified................................................................................        09900                                110,000

Current Expenses......................................................................        13000                             2,145,469

Repairs and Alterations..............................................................        06400                                  85,000

Equipment..................................................................................        07000                                  70,000

Buildings (R)..............................................................................        25800                                  50,000

Capital Outlay and Maintenance (R).........................................        75500                                  82,500

BRIM Premium..........................................................................        91300                                140,842

     Total.......................................................................................                             $              14,271,821

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


DEPARTMENT OF EDUCATION AND THE ARTS

                                                                    48 - Department of Education and the Arts –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2019 Org 0431


Personal Services and Employee Benefits...............................        00100           $                   533,834

Unclassified................................................................................        09900                                  35,000

Center for Professional Development (R).................................        11500                             1,511,331

Current Expenses......................................................................        13000                                    7,162

WV Humanities Council.............................................................        16800                                250,000

Benedum Professional Development Collaborative (R)............        42700                                429,775

Governor’s Honors Academy (R)..............................................        47800                             1,059,270

Educational Enhancements.......................................................        69500                                573,500

S.T.E.M. Education and Grant Program (R).............................        71900                                492,262

Energy Express..........................................................................        86100                                382,935

BRIM Premium..........................................................................        91300                                    5,336

Special Olympic Games............................................................        96600                                  25,000

     Total.......................................................................................                             $                5,305,405

            Any unexpended balances remaining in the appropriations for Center for Professional Development (fund 0294, appropriation 11500), Benedum Professional Development Collaborative (fund 0294, appropriation 42700), Governor’s Honors Academy (fund 0294, appropriation 47800), and S.T.E.M. Education and Grant Program (fund 0294, appropriation 71900) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            From the above appropriation for Educational Enhancements (fund 0294, appropriation 69500), $73,500 shall be used for the Clay Center and $500,000 for Save the Children.


                                                                              49 - Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2019 Org 0432


Personal Services and Employee Benefits...............................        00100           $                3,299,919

Current Expenses......................................................................        13000                                610,843

Repairs and Alterations..............................................................        06400                                    1,000

Equipment..................................................................................        07000                                           1

Unclassified (R)..........................................................................        09900                                  28,483

Buildings (R)..............................................................................        25800                                           1

Other Assets...............................................................................        69000                                           1

Land (R).....................................................................................        73000                                           1

Culture and History Programming.............................................        73200                                231,573

Capital Outlay and Maintenance (R).........................................        75500                                  19,600

Historical Highway Marker Program..........................................        84400                                  57,548

BRIM Premium..........................................................................        91300                                  39,337

     Total.......................................................................................                             $                4,288,307

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                         50 - Library Commission

(WV Code Chapter 10)

Fund 0296 FY 2019 Org 0433


Personal Services and Employee Benefits...............................        00100           $                1,261,316

Current Expenses......................................................................        13000                                139,624

Repairs and Alterations..............................................................        06400                                    6,500

Services to Blind & Handicapped..............................................        18100                                161,717

BRIM Premium..........................................................................        91300                                  18,205

     Total.......................................................................................                             $                1,587,362


                                                                         51 - Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 0300 FY 2019 Org 0439

Personal Services and Employee Benefits...............................        00100           $                1,767,321

Current Expenses......................................................................        13000                             1,591,805

Mountain Stage..........................................................................        24900                                300,000

Capital Outlay and Maintenance (R).........................................        75500                                  50,000

BRIM Premium..........................................................................        91300                                  48,453

     Total.......................................................................................                             $                3,757,579


            Any unexpended balance remaining in the appropriation for Capital Outlay and Maintenance (fund 0300, appropriation 75500) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                              52 - State Board of Rehabilitation –

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2019 Org 0932


Personal Services and Employee Benefits...............................        00100           $              10,953,816

Independent Living Services.....................................................        00900                                429,418

Current Expenses......................................................................        13000                                558,815

 Workshop Development...........................................................        16300                             1,817,427

Supported Employment Extended Services..............................        20600                                  77,960

Ron Yost Personal Assistance Fund.........................................        40700                                333,828

Employment Attendant Care Program......................................        59800                                131,575

BRIM Premium..........................................................................        91300                                  77,464

     Total.......................................................................................                             $              14,380,303

            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

                                                                                53 - Environmental Quality Board

(WV Code Chapter 20)

Fund 0270 FY 2019 Org 0311


Personal Services and Employee Benefits...............................        00100           $                     76,915

Current Expenses......................................................................        13000                                  29,353

Repairs and Alterations..............................................................        06400                                       100

Equipment..................................................................................        07000                                       300

Other Assets...............................................................................        69000                                       400

BRIM Premium..........................................................................        91300                                       791

     Total.......................................................................................                             $                   107,859


                                                                        54 - Division of Environmental Protection

(WV Code Chapter 22)

Fund 0273 FY 2019 Org 0313


Personal Services and Employee Benefits...............................        00100           $                4,051,891

Water Resources Protection and Management........................        06800                                570,654

Current Expenses......................................................................        13000                                  96,916

Repairs and Alterations..............................................................        06400                                    1,500

Unclassified................................................................................        09900                                  14,825

Dam Safety................................................................................        60700                                212,186

West Virginia Stream Partners Program...................................        63700                                  77,396

Meth Lab Cleanup......................................................................        65600                                199,616

WV Contributions to River Commissions..................................        77600                                148,485

Office of Water Resources Non-Enforcement Activity..............        85500                                934,525

     Total.......................................................................................                             $                6,307,994

            A portion of the appropriations for Current Expense (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.


                                                                                            55 - Air Quality Board

(WV Code Chapter 16)

Fund 0550 FY 2019 Org 0325


Personal Services and Employee Benefits...............................        00100           $                     60,737

Current Expenses......................................................................        13000                                  12,462

Repairs and Alterations..............................................................        06400                                         50

Equipment..................................................................................        07000                                       300

Other Assets...............................................................................        69000                                       200

BRIM Premium..........................................................................        91300                                    2,304

     Total.......................................................................................                             $                     76,053


DEPARTMENT OF HEALTH AND HUMAN RESOURCES

                                                            56 - Department of Health and Human Resources –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0400 FY 2019 Org 0501


Personal Services and Employee Benefits...............................        00100           $                   379,014

Unclassified................................................................................        09900                                    6,459

Current Expenses......................................................................        13000                                  50,613

Commission for the Deaf and Hard of Hearing.........................        70400                                219,910

     Total.......................................................................................                             $                   655,996

            Any unexpended balance remaining in the appropriation for the Women’s Commission (fund 0400, appropriation 19100) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                          57 - Division of Health –

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2019 Org 0506


Personal Services and Employee Benefits...............................        00100           $              12,446,690

Chief Medical Examiner.............................................................        04500                             6,618,003

Unclassified................................................................................        09900                                671,795

Current Expenses......................................................................        13000                             4,677,059

State Aid for Local and Basic Public Health Services...............        18400                           12,652,756

Safe Drinking Water Program (R)..............................................        18700                             2,188,827

Women, Infants and Children....................................................        21000                                  38,621

Early Intervention.......................................................................        22300                             8,134,060

Cancer Registry.........................................................................        22500                                200,682

Statewide EMS Program Support (R).......................................        38300                             1,835,429

Black Lung Clinics......................................................................        46700                                170,885

Vaccine for Children...................................................................        55100                                335,423

Tuberculosis Control..................................................................        55300                                372,366

Maternal and Child Health Clinics, Clinicians

     Medical Contracts and Fees (R)...........................................        57500                             6,335,115

Epidemiology Support................................................................        62600                             1,513,869

Primary Care Support................................................................        62800                             4,245,849

Sexual Assault Intervention and Prevention..............................        72300                                125,000

Health Right Free Clinics...........................................................        72700                             2,750,000

Capital Outlay and Maintenance (R).........................................        75500                                100,000

Maternal Mortality Review.........................................................        83400                                  47,712

Diabetes Education and Prevention..........................................        87300                                  97,125

BRIM Premium..........................................................................        91300                                169,791

State Trauma and Emergency Care System............................        91800                             2,004,450

     Total.......................................................................................                             $              67,731,507

            Any unexpended balances remaining in the appropriations for 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).

            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) up to $400,000 may 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.


                                                                       58 - Consolidated Medical Services Fund

(WV Code Chapter 16)

Fund 0525 FY 2019 Org 0506


Personal Services and Employee Benefits...............................        00100           $                1,590,408

Current Expenses......................................................................        13000                                  14,113

Behavioral Health Program (R).................................................        21900                           64,462,622

Family Support Act....................................................................        22100                                251,226

Institutional Facilities Operations (R).........................................        33500                         134,223,239

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                             1,296,098

     Total.......................................................................................                             $            207,953,702

            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), and Capital Outlay and Maintenance (fund 0525, appropriation 75500) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.

            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 (fund 0525, appropriation 33500), together with available funds from the Division of Health – Hospital Services Revenue Account (fund 5156, appropriation 33500), on July 1, 2018, 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.

            The above appropriation for Institutional Facilities Operations (fund 0525, appropriation 33500) contains prior year salary increases due to the Hartley court order in the amount of $2,202,013 for William R. Sharpe Jr. Hospital, and $2,067,984 for Mildred Mitchel-Bateman Hospital.

            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 2019, 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.


                                                                                          59 - Division of Health –

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2019 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.


                                                                                 60 - Human Rights Commission

(WV Code Chapter 5)

Fund 0416 FY 2019 Org 0510


Personal Services and Employee Benefits...............................        00100           $                1,028,561

Unclassified................................................................................        09900                                    4,024

Current Expenses......................................................................        13000                                331,304

BRIM Premium..........................................................................        91300                                  10,764

     Total.......................................................................................                             $                1,374,653


                                                                                 61 - Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2019 Org 0511


Personal Services and Employee Benefits...............................        00100           $              45,354,625

Unclassified................................................................................        09900                             5,688,944

Current Expenses......................................................................        13000                           11,404,008

Child Care Development............................................................        14400                             4,090,908

Medical Services........................................................................        18900                         413,957,363

Social Services..........................................................................        19500                         154,183,734

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                                102,883

I/DD Waiver................................................................................        46600                           88,753,483

Child Protective Services Case Workers...................................        46800                           23,473,825

OSCAR and RAPIDS................................................................        51500                             6,453,502

Title XIX Waiver for Seniors.......................................................        53300                           13,593,620

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

Child Welfare System................................................................        60300                             1,291,873

In-Home Family Education.........................................................        68800                             1,000,000

 WV Works Separate State Program.........................................        69800                             1,935,000

Child Support Enforcement.......................................................        70500                             6,487,501

Temporary Assistance for Needy Families/

     Maintenance of Effort............................................................        70700                           25,819,096

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

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                           38,127,412

Traumatic Brain Injury Waiver...................................................        83500                                800,000

Indigent Burials (R)....................................................................        85100                             2,050,000

BRIM Premium..........................................................................        91300                                892,642

Rural Hospitals Under 150 Beds...............................................        94000                             2,596,000

Children’s Trust Fund – Transfer...............................................        95100                                220,000

     Total.......................................................................................                             $            867,565,501

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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 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 Trust Fund (fund 5469, org 0511).


DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

                                                          62 - Department of Military Affairs and Public Safety –

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2019 Org 0601


Personal Services and Employee Benefits...............................        00100           $                   732,256

Unclassified (R)..........................................................................        09900                                  18,949

Current Expenses......................................................................        13000                                  58,320

Repairs and Alterations..............................................................        06400                                    2,500

Equipment..................................................................................        07000                                    2,500

Fusion Center (R)......................................................................        46900                                542,430

Other Assets...............................................................................        69000                                    2,500

Directed Transfer.......................................................................        70000                                  32,000

BRIM Premium..........................................................................        91300                                  18,190

WV Fire and EMS Survivor Benefit (R).....................................        93900                                200,000

Homeland State Security Administrative Agency (R)................        95300                                318,890

     Total.......................................................................................                             $                1,928,535

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0430, appropriation 09900), Fusion Center (fund 0430, appropriation 46900), 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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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).


                                                                                          63 - Adjutant General –

State Militia

(WV Code Chapter 15)

Fund 0433 FY 2019 Org 0603


Unclassified (R)..........................................................................        09900           $                   106,798

College Education Fund.............................................................        23200                             4,000,000

Civil Air Patrol.............................................................................        23400                                249,664

Mountaineer ChalleNGe Academy............................................        70900                             1,500,000

Armory Board Transfer..............................................................        70015                             2,317,555

Military Authority (R)..................................................................        74800                             6,029,611

Drug Enforcement and Support.................................................        74801                             1,500,000

     Total.......................................................................................                             $              15,703,628

            Any unexpended balance remaining in the appropriations for Unclassified (fund 0433, appropriation 09900) and Military Authority (fund 0433, appropriation 74800) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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.

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

            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.


                                                                                          64 - Adjutant General –

Military Fund

(WV Code Chapter 15)

Fund 0605 FY 2019 Org 0603


Personal Services and Employee Benefits...............................        00100           $                   100,000

Current Expenses......................................................................        13000                                  57,775

     Total.......................................................................................                             $                   157,775


                                                                                 65 - West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2019 Org 0605


Personal Services and Employee Benefits...............................        00100           $                   402,254

Current Expenses......................................................................        13000                                365,234

Salaries of Members of West Virginia Parole Board.................        22700                                609,833

BRIM Premium..........................................................................        91300                                    6,149

     Total.......................................................................................                             $                1,383,470

            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.


                                                                          66 - Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 0443 FY 2019 Org 0606


Personal Services and Employee Benefits...............................        00100           $                1,268,402

Unclassified................................................................................        09900                                  26,342

Current Expenses......................................................................        13000                                  53,024

Repairs and Alterations..............................................................        06400                                       600

Radiological Emergency Preparedness....................................        55400                                  17,052

SIRN….......................................................................................        55401                                600,000

Federal Funds/Grant Match (R).................................................        74900                                663,463

Mine and Industrial Accident Rapid

     Response Call Center...........................................................        78100                                461,355

Early Warning Flood System (R)...............................................        87700                                475,832

BRIM Premium..........................................................................        91300                                  96,529

WVU Charleston Poison Control Hotline...................................        94400                                712,942

     Total.......................................................................................                             $                4,375,541

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                    67 - Division of Corrections –

Central Office

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

Fund 0446 FY 2019 Org 0608


Personal Services and Employee Benefits...............................        00100           $                   621,000

Current Expenses......................................................................        13000                                    2,400

     Total.......................................................................................                             $                   623,400


                                                                                    68 - Division of Corrections –

Correctional Units

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

Fund 0450 FY 2019 Org 0608


Employee Benefits.....................................................................        01000           $                1,258,136

Children’s Protection Act (R).....................................................        09000                                838,437

Unclassified................................................................................        09900                             1,578,800

Current Expenses (R)................................................................        13000                           21,151,011

Facilities Planning and Administration (R).................................        38600                             1,274,200

Charleston Correctional Center ................................................        45600                             3,026,773

Beckley Correctional Center......................................................        49000                             2,027,265

Anthony Correctional Center.....................................................        50400                             5,468,335

Huttonsville Correctional Center................................................        51400                           20,907,772

Northern Correctional Center.....................................................        53400                             7,205,041

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

Pruntytown Correctional Center.................................................        54300                             7,630,256

Corrections Academy................................................................        56900                             1,666,247

Information Technology Services..............................................        59901                             2,259,052

Martinsburg Correctional Center................................................        66300                             3,856,727

Parole Services..........................................................................        68600                             5,361,413

Special Services........................................................................        68700                             7,100,452

Investigative Services................................................................        71600                             3,129,759

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

Salem Correctional Center........................................................        77400                           10,260,770

McDowell County Correctional Center......................................        79000                             2,542,590

Stevens Correctional Center......................................................        79100                             7,863,195

Parkersburg Correctional Center...............................................        82800                             3,412,708

St. Mary’s Correctional Center...................................................        88100                           12,939,805

Denmar Correctional Center......................................................        88200                             4,666,171

Ohio County Correctional Center...............................................        88300                             1,874,033

Mt. Olive Correctional Complex.................................................        88800                           20,063,054

Lakin Correctional Center..........................................................        89600                             9,510,551

BRIM Premium..........................................................................        91300                             2,527,657

     Total.......................................................................................                             $            194,626,274

            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 Security System Improvements – Surplus (fund 0450, appropriation 75501) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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 (fund 0450, appropriation 09900), on July 1, 2018, 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 Energy Savings Contract may be transferred to Facilities Planning and Administration (fund 0450, appropriation 38600).


                                                                                   69 - West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2019 Org 0612


Personal Services and Employee Benefits...............................        00100           $              58,857,744

Children’s Protection Act...........................................................        09000                                972,973

Current Expenses......................................................................        13000                           10,384,394

Repairs and Alterations..............................................................        06400                                450,523

Trooper Class.............................................................................        52100                             4,000,000

Barracks Lease Payments.........................................................        55600                                237,898

Communications and Other Equipment (R)..............................        55800                                570,968

Trooper Retirement Fund...........................................................        60500                             5,584,775

Handgun Administration Expense.............................................        74700                                  72,268

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

Retirement Systems – Unfunded Liability..................................        77500                           15,415,000

Automated Fingerprint Identification System............................        89800                             3,185,756

BRIM Premium..........................................................................        91300                             5,743,921

     Total.......................................................................................                             $            105,726,220

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                            70 - Fire Commission

(WV Code Chapter 29)

Fund 0436 FY 2019 Org 0619


Current Expenses......................................................................        13000           $                     64,021


                                                               71 - Division of Justice and Community Services

(WV Code Chapter 15)

Fund 0546 FY 2019 Org 0620


Personal Services and Employee Benefits...............................        00100           $                   550,620

Current Expenses......................................................................        13000                                133,360

Repairs and Alterations..............................................................        06400                                    1,804

Child Advocacy Centers (R)......................................................        45800                             1,704,001

Community Corrections (R).......................................................        56100                             6,919,589

Statistical Analysis Program......................................................        59700                                  48,272

Sexual Assault Forensic Examination Commission (R)............        71400                                  76,963

Qualitative Analysis and Training for Youth Services (R).........        76200                                332,446

Law Enforcement Professional Standards................................        83800                                157,692

BRIM Premium..........................................................................        91300                                    2,123

      Total......................................................................................                             $                9,926,870

            Any unexpended balances remaining in the appropriations for Child Advocacy Centers (fund 0546, appropriation 45800), Community Corrections (fund 0546, appropriation 56100), Sexual Assault Forensic Examination Commission (fund 0546, appropriation 71400), and Qualitative Analysis and Training for Youth Services (fund 0546, appropriation 76200) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                                72 - Division of Juvenile Services

(WV Code Chapter 49)

Fund 0570 FY 2019 Org 0621


Statewide Reporting Centers.....................................................        26200           $                6,730,137

Robert L. Shell Juvenile Center.................................................        26700                             2,183,169

Resident Medical Expenses (R)................................................        53501                             3,604,999

Central Office.............................................................................        70100                             2,496,733

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

Gene Spadaro Juvenile Center.................................................        79300                             2,356,207

BRIM Premium..........................................................................        91300                                115,967

Kenneth Honey Rubenstein Juvenile Center (R)......................        98000                             5,325,233

Vicki Douglas Juvenile Center...................................................        98100                             2,083,190

Northern Regional Juvenile Center...........................................        98200                             2,876,302

Lorrie Yeager Jr. Juvenile Center..............................................        98300                             2,118,510

Sam Perdue Juvenile Center.....................................................        98400                             2,220,766

Tiger Morton Center...................................................................        98500                             2,322,188

Donald R. Kuhn Juvenile Center...............................................        98600                             4,465,381

J.M. ‘Chick’ Buckbee Juvenile Center.......................................        98700                             2,227,993

      Total......................................................................................                             $              41,376,775

            Any unexpended balances remaining in the appropriations for Resident Medical Expenses (fund 0570, appropriation 53501), 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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            From the above appropriations, on July 1, 2018, 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 and may transfer funds from the individual juvenile centers to Resident Medical Expenses (fund 0570, appropriation 53501).


                                                                              73 - Division of Protective Services

(WV Code Chapter 5F)

Fund 0585 FY 2019 Org 0622


Personal Services and Employee Benefits...............................        00100           $                2,894,483

Unclassified (R)..........................................................................        09900                                  21,991

Current Expenses......................................................................        13000                                443,357

Repairs and Alterations..............................................................        06400                                    8,500

Equipment (R)............................................................................        07000                                  64,171

BRIM Premium..........................................................................        91300                                  12,226

     Total.......................................................................................                             $                3,444,728

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


DEPARTMENT OF REVENUE

                                                                                      74 - Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2019 Org 0701


Personal Services and Employee Benefits...............................        00100           $                   502,846

Unclassified................................................................................        09900                                    5,837

Current Expenses......................................................................        13000                                  81,594

Repairs and Alterations..............................................................        06400                                    1,262

Equipment..................................................................................        07000                                    8,000

Other Assets...............................................................................        69000                                       500

     Total.......................................................................................                             $                   600,039

            Any unexpended balance remaining in the appropriation for Unclassified – Total (fund 0465, appropriation 09600) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                                 75 - Tax Division

(WV Code Chapter 11)

Fund 0470 FY 2019 Org 0702


Personal Services and Employee Benefits (R).........................        00100           $              18,211,688

Unclassified (R)..........................................................................        09900                                224,578

Current Expenses (R)................................................................        13000                             5,770,589

Repairs and Alterations..............................................................        06400                                  10,000

Equipment..................................................................................        07000                                  50,000

Tax Technology Upgrade...........................................................        09400                             3,700,000

Integrated Tax Assessment System..........................................        29200                             5,000,000

Multi State Tax Commission......................................................        65300                                  77,958

Other Assets...............................................................................        69000                                  10,000

BRIM Premium..........................................................................        91300                                  15,579

     Total.......................................................................................                             $              33,070,392

            Any unexpended balances remaining in the appropriations for Personal Services and Employee Benefits (fund 0470, appropriation 00100), Unclassified (fund 0470, appropriation 09900), and Current Expenses (fund 0470, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                         76 - State Budget Office

(WV Code Chapter 11B)

Fund 0595 FY 2019 Org 0703


Personal Services and Employee Benefits...............................        00100           $                   672,446

Unclassified (R)..........................................................................        09900                                    1,199

     Total.......................................................................................                             $                   673,645

Any unexpended balance remaining in the appropriation for Unclassified (fund 0595, appropriation 09900) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                        77 - West Virginia Office of Tax Appeals

(WV Code Chapter 11)

Fund 0593 FY 2019 Org 0709


Personal Services and Employee Benefits...............................        00100           $                   438,046

Current Expenses (R)................................................................        13000                                  93,022

Unclassified................................................................................        09900                                    5,255

BRIM Premium..........................................................................        91300                                    3,062

     Total.......................................................................................                             $                   539,385

            Any unexpended balance remaining in the appropriation for Current Expenses (fund 0593, appropriation 13000) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                     78 - Division of Professional and Occupational Licenses –

State Athletic Commission

(WV Code Chapter 29)

Fund 0523 FY 2019 Org 0933


Personal Services and Employee Benefits...............................        00100           $                       7,200

Current Expenses......................................................................        13000                                  29,611

     Total.......................................................................................                             $                     36,811


DEPARTMENT OF TRANSPORTATION

                                                                                          79 - State Rail Authority

(WV Code Chapter 29)

Fund 0506 FY 2019 Org 0804


Personal Services and Employee Benefits...............................        00100           $                   319,933

Current Expenses......................................................................        13000                                287,707

Other Assets (R)........................................................................        69000                             1,303,277

BRIM Premium..........................................................................        91300                                201,541

     Total.......................................................................................                             $                2,112,458

            Any unexpended balance remaining in the appropriation Other Assets (fund 0506, appropriation 69000) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                    80 - Division of Public Transit

(WV Code Chapter 17)

Fund 0510 FY 2019 Org 0805


Equipment (R)............................................................................        07000           $                   384,710

Current Expenses (R)................................................................        13000                             1,878,279

     Total.......................................................................................                             $                2,262,989

            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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                                         81 - Public Port Authority

(WV Code Chapter 17)

Fund 0581 FY 2019 Org 0806


Personal Services and Employee Benefits...............................        00100           $                   200,000

Current Expenses......................................................................        13000                                300,000

     Total.......................................................................................                             $                   500,000

                                                                                    82 - Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2019 Org 0807


Personal Services and Employee Benefits...............................        00100           $                   170,304

Current Expenses (R)................................................................        13000                                591,839

Repairs and Alterations..............................................................        06400                                       100

BRIM Premium..........................................................................        91300                                    4,438

     Total.......................................................................................                             $                   766,681

            Any unexpended balances remaining in the appropriations for Unclassified (fund 0582, appropriation 09900) and Current Expenses (fund 0582, appropriation 13000) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


DEPARTMENT OF VETERANS’ ASSISTANCE

                                                                       83 - Department of Veterans’ Assistance

(WV Code Chapter 9A)

Fund 0456 FY 2019 Org 0613


Personal Services and Employee Benefits...............................        00100           $                1,887,475

Unclassified................................................................................        09900                                  20,000

Current Expenses......................................................................        13000                                140,161

Repairs and Alterations..............................................................        06400                                    5,000

Veterans’ Field Offices..............................................................        22800                                248,345

Veterans’ Nursing Home (R).....................................................        28600                             5,770,950

Veterans’ Toll Free Assistance Line..........................................        32800                                    2,015

Veterans’ Reeducation Assistance (R)......................................        32900                                  29,502

Veterans’ Grant Program (R).....................................................        34200                                  30,741

Veterans’ Grave Markers...........................................................        47300                                  10,254

Veterans’ Transportation............................................................        48500                                625,000

Veterans Outreach Programs....................................................        61700                                162,107

Memorial Day Patriotic Exercise................................................        69700                                  20,000

Veterans Cemetery....................................................................        80800                                382,085

BRIM Premium..........................................................................        91300                                  25,530

     Total.......................................................................................                             $                9,359,165

            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), and Educational Opportunities for Children of Deceased Veterans (fund 0456, appropriation 85400) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                                      84 - Department of Veterans’ Assistance –

Veterans’ Home

(WV Code Chapter 9A)

Fund 0460 FY 2019 Org 0618


Personal Services and Employee Benefits...............................        00100           $                1,148,764

Current Expenses......................................................................        13000                                  46,759

     Total.......................................................................................                             $                1,195,523


BUREAU OF SENIOR SERVICES

                                                                                  85 - Bureau of Senior Services

(WV Code Chapter 29)

Fund 0420 FY 2019 Org 0508


Transfer to Division of Human Services for Health Care

     and Title XIX Waiver for Senior Citizens...............................        53900           $              29,950,955

            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

                                                                                    86 - West Virginia Council for

Community and Technical College Education –

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2019 Org 0420


West Virginia Council for Community

     and Technical Education (R).................................................        39200           $                   730,800

Transit Training Partnership.......................................................        78300                                  34,293

Community College Workforce Development (R).....................        87800                             2,784,901

College Transition Program.......................................................        88700                                278,222

West Virginia Advance Workforce Development (R)................        89300                             3,118,172

Technical Program Development (R)........................................        89400                             1,800,735

     Total.......................................................................................                             $                8,747,123

            Any unexpended balances remaining in the appropriations for 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 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                             87 - Mountwest Community and Technical College

(WV Code Chapter 18B)

Fund 0599 FY 2019 Org 0444


Mountwest Community and Technical College.........................        48700           $                5,505,121


                                                              88 - New River Community and Technical College

(WV Code Chapter 18B)

Fund 0600 FY 2019 Org 0445


New River Community and Technical College..........................        35800           $                5,452,807


                                                                89 - Pierpont Community and Technical College

(WV Code Chapter 18B)

Fund 0597 FY 2019 Org 0446


Pierpont Community and Technical College.............................        93000           $                7,244,243


                                                             90 - Blue Ridge Community and Technical College

(WV Code Chapter 18B)

Fund 0601 FY 2019 Org 0447


Blue Ridge Community and Technical College.........................        88500           $                5,099,246


                                                                    91 - West Virginia University at Parkersburg

(WV Code Chapter 18B)

Fund 0351 FY 2019 Org 0464


West Virginia University – Parkersburg.....................................        47100           $                9,495,037


                                                92 - Southern West Virginia Community and Technical College

(WV Code Chapter 18B)

Fund 0380 FY 2019 Org 0487


Southern West Virginia Community and Technical College......        44600           $                7,944,214


                                                93 - West Virginia Northern Community and Technical College

(WV Code Chapter 18B)

Fund 0383 FY 2019 Org 0489


West Virginia Northern Community and Technical College......        44700           $                6,833,499


                                                  94 - Eastern West Virginia Community and Technical College

(WV Code Chapter 18B)

Fund 0587 FY 2019 Org 0492


Eastern West Virginia Community and Technical College........        41200           $                1,812,537


                                                           95 - BridgeValley Community and Technical College

(WV Code Chapter 18B)

Fund 0618 FY 2019 Org 0493


BridgeValley Community and Technical College......................        71700           $                7,420,648


HIGHER EDUCATION POLICY COMMISSION

                                                                     96 - Higher Education Policy Commission –

Administration –

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2019 Org 0441


Personal Services and Employee Benefits...............................        00100           $                2,646,406

Current Expenses......................................................................        13000                             1,114,959

Higher Education Grant Program..............................................        16400                           40,619,864

Tuition Contract Program (R)....................................................        16500                             1,224,839

Underwood-Smith Scholarship Program-Student Awards........        16700                                328,349

Facilities Planning and Administration.......................................        38600                             1,760,254

Higher Education System Initiatives..........................................        48801                             1,630,000

PROMISE Scholarship – Transfer.............................................        80000                           18,500,000

HEAPS Grant Program (R)........................................................        86700                             5,011,298

BRIM Premium..........................................................................        91300                                  17,817

     Total.......................................................................................                             $              72,853,786

            Any unexpended balances remaining in the appropriations for Unclassified – Surplus (fund 0589, appropriation 09700), Tuition Contract Program (fund 0589, appropriation 16500), Capital Improvements – Surplus (fund 0589, appropriation 66100), Capital Outlay and Maintenance (fund 0589, appropriation 75500), and HEAPS Grant Program (fund 0589, appropriation 86700) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.

            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.


                                                                     97 - Higher Education Policy Commission –

Administration -

West Virginia Network for Educational Telecomputing (WVNET)

(WV Code Chapter 18B9)

Fund 0551 FY 2019 Org 0495


WVNET......................................................................................        16900           $                1,681,744


                                                                                   98 - West Virginia University –

School of Medicine

Medical School Fund

(WV Code Chapter 18B)

Fund 0343 FY 2019 Org 0463


WVU School of Health Science – Eastern Division...................        05600           $                2,158,359

WVU – School of Health Sciences............................................        17400                           16,778,145

WVU – School of Health Sciences – Charleston Division.........        17500                             2,218,598

Rural Health Outreach Programs..............................................        37700                                162,520

West Virginia University School of Medicine

     BRIM Subsidy........................................................................        46000                             1,203,087

     Total.......................................................................................                             $              22,520,709

            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 West Virginia University School of Medicine 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.


                                                                                   99 - West Virginia University –

General Administrative Fund

(WV Code Chapter 18B)

Fund 0344 FY 2019 Org 0463


West Virginia University.............................................................        45900           $              93,559,659

Jackson’s Mill.............................................................................        46100                                480,879

West Virginia University Institute of Technology.......................        47900                             7,717,964

State Priorities – Brownfield Professional Development...........        53100                                316,556

West Virginia University – Potomac State.................................        99400                             3,834,937

     Total.......................................................................................                             $            105,909,995

            From the above appropriation for Jackson’s Mill (fund 0344, appropriation 46100) $250,000 shall be used for the West Virginia State Fire Training Academy.


                                                                                      100 - Marshall University –

School of Medicine

(WV Code Chapter 18B)

Fund 0347 FY 2019 Org 0471


Marshall Medical School............................................................        17300           $              11,774,743

Rural Health Outreach Programs (R)........................................        37700                                156,022

Forensic Lab...............................................................................        37701                                226,009

Center for Rural Health..............................................................        37702                                153,075

Marshall University Medical School BRIM Subsidy...................        44900                                872,612

     Total.......................................................................................                             $              13,182,461

            Any unexpended balance remaining in the appropriation for Rural Health Outreach Program (fund 0347, appropriation 37700) at the close of the fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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 Marshall University Medical School 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.


                                                                                      101 - Marshall University –

General Administration Fund

(WV Code Chapter 18B)

Fund 0348 FY 2019 Org 0471


Marshall University.....................................................................        44800           $              44,273,845

Luke Lee Listening Language and Learning Lab......................        44801                                  96,203

Vista E-Learning (R)..................................................................        51900                                229,019

State Priorities – Brownfield Professional Development (R).....        53100                                309,606

Marshall University Graduate College Writing Project (R)........        80700                                  25,412

WV Autism Training Center (R).................................................        93200                             1,742,215

     Total.......................................................................................                             $              46,676,300

            Any unexpended balances remaining in the appropriations for Vista E-Learning (fund 0348, appropriation 51900), State Priorities – Brownfield Professional Development (fund 0348, appropriation 53100), Marshall University Graduate College Writing Project (fund 0348, appropriation 80700), and WV Autism Training Center (fund 0348, appropriation 93200) at the close of the fiscal year 2018 are hereby reappropriated for expenditure during the fiscal year 2019.


                                                           102 - West Virginia School of Osteopathic Medicine

(WV Code Chapter 18B)

Fund 0336 FY 2019 Org 0476


West Virginia School of Osteopathic Medicine.........................        17200           $                6,683,018

Rural Health Outreach Programs (R)........................................        37700                                163,299

West Virginia School of Osteopathic Medicine

     BRIM Subsidy........................................................................        40300                                153,405

Rural Health Initiative – Medical Schools Support....................        58100                                391,968

     Total.......................................................................................                             $                7,391,690

            Any unexpended balance remaining in the appropriation for Rural Health Outreach Programs (fund 0336, appropriation 37700) at the close of fiscal year 2018 is hereby reappropriated for expenditure during the fiscal year 2019.

            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 West Virginia School of Osteopathic Medicine 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.


                                                                                    103 - Bluefield State College

(WV Code Chapter 18B)

Fund 0354 FY 2019 Org 0482


Bluefield State College...............................................................        40800           $                5,600,993


                                                                                        104 - Concord University

(WV Code Chapter 18B)

Fund 0357 FY 2019 Org 0483


Concord University.....................................................................        41000           $                8,552,843


                                                                                 105 - Fairmont State University

(WV Code Chapter 18B)

Fund 0360 FY 2019 Org 0484


Fairmont State University..........................................................        41400           $              15,111,777


                                                                                    106 - Glenville State College

(WV Code Chapter 18B)

Fund 0363 FY 2019 Org 0485


Glenville State College...............................................................        42800           $                5,885,700


                                                                                      107 - Shepherd University

(WV Code Chapter 18B)

Fund 0366 FY 2019 Org 0486


Shepherd University..................................................................        43200           $                9,671,542


                                                                                    108 - West Liberty University

(WV Code Chapter 18B)

Fund 0370 FY 2019 Org 0488


West Liberty University..............................................................        43900           $                7,823,727


                                                                            109 - West Virginia State University

(WV Code Chapter 18B)

Fund 0373 FY 2019 Org 0490


West Virginia State University...................................................        44100           $                9,861,240

West Virginia State University Land Grant Match.....................        95600                             1,586,340

     Total.......................................................................................                             $              11,447,580

Total TITLE II, Section 1 – General Revenue

     (Including claims against the state).......................................                             $         4,381,808,884


            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 2019.


DEPARTMENT OF TRANSPORTATION

                                                                                 110 - Division of Motor Vehicles

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

Fund 9007 FY 2019 Org 0802

                                                                                                                                            State

                                                                                                            Appro-                    Road

                                                                                                            priation                   Fund


Personal Services and Employee Benefits...............................        00100           $              23,378,949

Current Expenses......................................................................        13000                           16,181,042

Repairs and Alterations..............................................................        06400                                144,000

Equipment..................................................................................        07000                             1,080,000

Buildings.....................................................................................        25800                                  10,000

Other Assets...............................................................................        69000                             2,600,000

BRIM Premium..........................................................................        91300                                  84,738

     Total.......................................................................................                             $              43,478,729


                                                                                      111 - Division of Highways

(WV Code Chapters 17 and 17C)

Fund 9017 FY 2019 Org 0803


Debt Service..............................................................................        04000           $              89,000,000

Maintenance...............................................................................        23700                         386,386,000

Nonfederal Improvements.........................................................        23701                         156,500,000

Inventory Revolving...................................................................        27500                             4,000,000

Equipment Revolving.................................................................        27600                           22,500,000

General Operations....................................................................        27700                           68,295,000

Interstate Construction...............................................................        27800                           95,000,000

Other Federal Aid Programs......................................................        27900                         370,000,000

Appalachian Programs..............................................................        28000                         110,000,000

Highway Litter Control................................................................        28200                             1,719,000

Courtesy Patrol..........................................................................        28201                             5,000,000

     Total.......................................................................................                             $         1,308,400,000

            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.


                                                                         112 - Office of Administrative Hearings

(WV Code Chapter 17C)

Fund 9027 FY 2019 Org 0808


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

Current Expenses......................................................................        13000                                338,278

Repairs and Alterations..............................................................        06400                                    3,000

Equipment..................................................................................        07000                                  15,500

BRIM Premium..........................................................................        91300                                  10,000

     Total.......................................................................................                             $                1,951,979

Total TITLE II, Section 2 – State Road Fund

     (Including claims against the state).......................................                             $         1,354,239,538


            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 2019.


LEGISLATIVE

                                                                       113 - Crime Victims Compensation Fund

(WV Code Chapter 14)

Fund 1731 FY 2019 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                             2,360,125

Other Assets...............................................................................        69000                                    3,700

     Total.......................................................................................                             $                2,996,748


JUDICIAL

                                                                                          114 - Supreme Court –

Family Court Fund

(WV Code Chapter 51)

Fund 1763 FY 2019 Org 2400


Current Expenses......................................................................        13000           $                1,600,000

                                                                                          115 - Supreme Court –

Court Advanced Technology Subscription Fund

(WV Code Chapter 51)

Fund 1704 FY 2019 Org 2400


Current Expenses......................................................................          13000          $                   500,000

                                                                                          116 - Supreme Court –

Adult Drug Court Participation Fund

(WV Code Chapter 62)

Fund 1705 FY 2019 Org 2400


Current Expenses......................................................................        13000           $                   300,000


EXECUTIVE

                                                                                        117 - Governor’s Office –

Minority Affairs Fund

(WV Code Chapter 5)

Fund 1058 FY 2019 Org 0100


Personal Services and Employee Benefits...............................        00100           $                   172,800

Current Expenses......................................................................        13000                                503,200

Martin Luther King, Jr. Holiday Celebration...............................        03100                                    8,926

     Total.......................................................................................                             $                   684,926


                                                                                          118 - Auditor’s Office –

Land Operating Fund

(WV Code Chapters 11A, 12 and 36)

Fund 1206 FY 2019 Org 1200


Personal Services and Employee Benefits...............................        00100           $                   749,297

Unclassified................................................................................        09900                                  15,139

Current Expenses......................................................................        13000                                715,291

Repairs and Alterations..............................................................        06400                                    2,600

Equipment..................................................................................        07000                                426,741

Cost of Delinquent Land Sales..................................................        76800                             1,341,168

     Total.......................................................................................                             $                3,250,236

            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.


                                                                                          119 - Auditor’s Office –

Local Government Purchasing Card Expenditure Fund

(WV Code Chapter 6)

Fund 1224 FY 2019 Org 1200


Personal Services and Employee Benefits...............................        00100           $                   588,283

Current Expenses......................................................................        13000                                282,030

Repairs and Alterations..............................................................        06400                                    6,000

Equipment..................................................................................        07000                                  10,805

Other Assets...............................................................................        69000                                  50,000

Statutory Revenue Distribution..................................................        74100                             2,350,000

     Total.......................................................................................                             $                3,287,118

            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.


                                                                                          120 - Auditor’s Office –

Securities Regulation Fund

(WV Code Chapter 32)

Fund 1225 FY 2019 Org 1200


Personal Services and Employee Benefits...............................        00100           $                2,375,836

Unclassified................................................................................        09900                                  31,866

Current Expenses......................................................................        13000                             1,463,830

Repairs and Alterations..............................................................        06400                                  12,400

Equipment..................................................................................        07000                                394,700

Other Assets...............................................................................        69000                                900,000

     Total.......................................................................................                             $                5,178,632


                                            121 - Auditor’s Office – Technology Support and Acquisition Fund

(WV Code Chapter 12)

Fund 1233 FY 2019 Org 1200


Current Expenses......................................................................        13000           $                     10,000

Other Assets...............................................................................        69000                                    5,000

     Total.......................................................................................                             $                     15,000

            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.


                                                                                          122 - Auditor’s Office –

Purchasing Card Administration Fund

(WV Code Chapter 12)

Fund 1234 FY 2019 Org 1200


Personal Services and Employee Benefits...............................        00100           $                2,667,397

Current Expenses......................................................................        13000                             2,303,622

Repairs and Alterations..............................................................        06400                                    5,500

Equipment..................................................................................        07000                                650,000

Other Assets...............................................................................        69000                                308,886

Statutory Revenue Distribution..................................................        74100                             8,000,000

     Total.......................................................................................                             $              13,935,405

            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.


                                                                                          123 - Auditor’s Office –

Chief Inspector’s Fund

(WV Code Chapter 6)

Fund 1235 FY 2019 Org 1200


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

Current Expenses......................................................................        13000                                765,915

Equipment..................................................................................        07000                                  50,000

     Total.......................................................................................                             $                4,221,427


                                                                                          124 - Auditor’s Office –

Volunteer Fire Department Workers’

Compensation Premium Subsidy Fund

(WV Code Chapters 12 and 33)

Fund 1239 FY 2019 Org 1200


Volunteer Fire Department

     Workers’ Compensation Subsidy..........................................        83200           $                2,500,000


                                                                                         125 - Treasurer’s Office

College Prepaid Tuition and Savings Program

Administrative Account

(WV Code Chapter 18)

Fund 1301 FY 2019 Org 1300


Personal Services and Employee Benefits...............................        00100           $                   774,769

Unclassified................................................................................        09900                                  14,000

Current Expenses......................................................................        13000                                619,862

     Total.......................................................................................                             $                1,408,631


                                                                               126 - Department of Agriculture –

Agriculture Fees Fund

(WV Code Chapter 19)

Fund 1401 FY 2019 Org 1400


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

Unclassified................................................................................        09900                                  37,425

Current Expenses......................................................................        13000                             1,856,184

Repairs and Alterations..............................................................        06400                                158,500

Equipment..................................................................................        07000                                436,209

Other Assets...............................................................................        69000                                  10,000

     Total.......................................................................................                             $                4,742,563


                                                                               127 - Department of Agriculture –

West Virginia Rural Rehabilitation Program

(WV Code Chapter 19)

Fund 1408 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100           $                     73,807

Unclassified................................................................................        09900                                  10,476

Current Expenses......................................................................        13000                                963,404

     Total.......................................................................................                             $                1,047,687


                                                                               128 - Department of Agriculture –

General John McCausland Memorial Farm Fund

(WV Code Chapter 19)

Fund 1409 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100           $                     67,000

Unclassified................................................................................        09900                                    2,100

Current Expenses......................................................................        13000                                  89,500

Repairs and Alterations..............................................................        06400                                  36,400

Equipment..................................................................................        07000                                  15,000

     Total.......................................................................................                             $                   210,000

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


                                                                               129 - Department of Agriculture –

Farm Operating Fund

(WV Code Chapter 19)

Fund 1412 FY 2019 Org 1400


Personal Services and Employee Benefits...............................        00100           $                   809,248

Unclassified................................................................................        09900                                  15,173

Current Expenses......................................................................        13000                             1,367,464

Repairs and Alterations..............................................................        06400                                388,722

Equipment..................................................................................        07000                                399,393

Other Assets...............................................................................        69000                                  20,000

     Total.......................................................................................                             $                3,000,000


                                                                               130 - Department of Agriculture –

Donated Food Fund

(WV Code Chapter 19)

Fund 1446 FY 2019 Org 1400