Senate Bill No. 2006

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Introduced June 9, 2002; referred to the Committee on Finance.]

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A BILL to amend article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty, relating to the authorization of the secretary of the department of health and human resources for the fiscal year ending the thirtieth day of June, two thousand three, and fiscal years thereafter to transfer no more than five percent of the general revenue funds appropriated to the various agencies of the department of health and human resources to any one agency or board within the department of health and human resources; and transferring within the budget of the division of human services no more than ten percent of the funds appropriated to one line to the other line items.

Be it enacted by the Legislature of West Virginia:

That article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5- 20. Transfers between items of appropriation.
The secretary of the department of health and human resources shall have the authority to transfer within the department of health and human resources those general revenue funds appropriated by the legislature to the various agencies of the department of health and human resources: Provided, That no more than five percent of the general revenue funds appropriated by the legislature to any one agency or board may be transferred to other agencies or boards within the department of health and human resources: Provided, however, That the secretary of the department of health and human resources shall have the authority to transfer funds appropriated to > personal services = and > employee benefits = to other lines within the same account and no funds from other lines shall be transferred to the > personal services = line: Provided further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the secretary of the department of health and human resources may transfer the funds formerly appropriated to such agency, board or function in order to implement such consolidation. No funds may be transferred from a special revenue account, dedicated account, capital expenditure account or any other account or fund specifically exempted by the Legislature from transfer.
The secretary of the department of health and human resources shall have the authority to transfer funds within the budget of the division of human services of the department of health and human resources: Provided, That no more than ten percent of the funds appropriated to one line item may be transferred to other line items: Provided, however, That no funds from other line items shall be transferred to the personal services line item.
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(NOTE: The purpose of this bill is to authorize the secretary of the department of health and human resources to make limited transfers of funds where needed.

This is a new section; therefore, underlining and strike- throughs have been omitted.)