AN ACT expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in the amount of $19,418,121.38 from the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2004, organization 2300, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand four, by supplementing, adding and increasing the department of agriculture - state conservation committee, fund 0132, fiscal year 2004, organization 1400, to the department of administration - public defender services, fund 0226, fiscal year 2004, organization 0221, to the state department of education, fund 0313, fiscal year 2004, organization 0402, to the division of human services, fund 0403, fiscal year 2004, organization 0511, to the department of military affairs and public safety - division of corrections - correctional units, fund 0450, fiscal year 2004, organization 0608, to the department of military affairs and public safety - West Virginia state police, fund 0453, fiscal year 2004, organization 0612, to the division of forestry, fund 0250, fiscal year 2004, organization 0305, to the West Virginia development office, fund 0256, fiscal year 2004, organization 0307, to the department of tax and revenue - tax division, fund 0470, fiscal year 2004, organization 0702.

WHEREAS, The Legislature finds that the account balance in the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2004, organization 2300, exceeds that which is necessary for the purposes for which the account was established; and
WHEREAS, The governor submitted to the Legislature a statement of the state fund, general revenue, dated the fourteenth day of January, two thousand four, setting forth therein the cash balance as of the first day of July, two thousand three; and further included the estimate of revenues for the fiscal year two thousand four, less net appropriation balances forwarded and regular appropriations for fiscal year two thousand four; and
WHEREAS, By the provision of the statement of the state fund, general revenue and this legislation there now remains an unappropriated surplus balance in the state treasury which is available for appropriation during the fiscal year ending the thirtieth day of June, two thousand four; therefore
Be it enacted by the Legislature of West Virginia:
That the balance of funds in the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2004, organization 2300, be decreased by expiring the amount of $19,418,121.38

to the unappropriated surplus balance of the state fund, general revenue, and that the total appropriation for fiscal year ending the thirtieth day of June, two thousand four, to fund 0132, fiscal year 2004, organization 1400, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
EXECUTIVE
12-Department of Agriculture-
State Conservation Committee
(WV Code Chapter 19)
Fund 0132 FY 2004 Org 1400
General
Act-Revenue
ivityFund
5Soil Conservation Projects-
5a Surplus (R) 269$1,392,000
Any unexpended balance remaining in the appropriation for Soil Conservation Projects - Surplus (fund 0132, activity 269) at the close of the fiscal year two thousand four is hereby reappropriated for expenditure during the fiscal year two thousand five.

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to

fund 0226, fiscal year 2004, organization 0221, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF ADMINISTRATION
27-Public Defender Services
(WV Code Chapter 29)
Fund 0226 FY 2004 Org 0221
General
Act-Revenue
ivityFund
8Appointed Counsel Fees -
8a Surplus (R)435$4,224,409
Any unexpended balance remaining in the appropriation for Appointed Counsel Fees - Surplus (fund 0226, activity 435) at the close of the fiscal year two thousand four is hereby reappropriated for expenditure during the fiscal year two thousand five.

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0313, fiscal year 2004, organization 0402, be supplemented and amended by increasing and adding a new appropriation to the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF EDUCATION
34-State Department of Education-
(WV Code Chapters 18 and 18A)
Fund 0313 FY 2004 Org 0402
General
Act-Revenue
ivityFunds
26a

Traditional Student Increased

26b Enrollment - 5 years through
26c 12th grade-Surplus997$615,000
26d

River Cities Child Development

26e Center-Surplus 049

111,000

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to

fund 0403, fiscal year 2004, organization 0511, be supplemented and amended by increasing and adding an appropriation to the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
50-Division of Human Services
(WV Code Chapters 9, 48 and 49)
Fund 0403 FY 2004 Org 0511
General
Act-Revenue
ivityFund
18WV Teaching Hospitals
19 Tertiary/Safety Net - Surplus547$250,000
32a

Pinecrest Hospital-Surplus (R)050

300,000

Any unexpended balance remaining in the appropriation for Pinecrest Hospital-Surplus (fund 0403, activity 050) at the close of the fiscal year two thousand four is hereby reappropriated for expenditure during the fiscal year two thousand five.

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0450, fiscal year 2004, organization 0608, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
56-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2004 Org 0608
General
Act-Revenue
ivityFunds
9

Inmate Medical Expenses

9a

- Surplus (R)846

$2,500,000

11

Payments to Federal, County, and/or

12

Regional Jails - Surplus (R)008

1,667,840

22

BRIM Premium - Surplus914

560,660

Any unexpended balances remaining in the appropriations for Inmate Medical Expenses - Surplus (fund 0450, activity 846) and Payments to Federal, County, and/or Regional Jails - Surplus (fund 0450, activity 008) at the close of the fiscal year two thousand four are hereby reappropriated for expenditure during the fiscal year two thousand five.

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0453, fiscal year 2004, organization 0612, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
57-West Virginia State Police
(WV Code Chapter 15)
Fund 0453 FY 2004 Org 0612
General
Act-Revenue
ivityFunds
3

Employee Benefits-Surplus250$616,000

16

BRIM Premium-Surplus914

623,348

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0250, fiscal year 2004, organization 0305, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF COMMERCE
71-Division of Forestry-
(WV Code Chapter 19)
Fund 0250 FY 2004 Org 0305
General
Act- Revenue
ivity Funds
1

Personal Services - Surplus243

$140,277

2

Annual Increment - Surplus010

1,500

3

Employee Benefits - Surplus250

79,264

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0256, fiscal year 2004, organization 0307, be supplemented and amended by increasing and adding a new appropriation to the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF COMMERCE
73-West Virginia Development Office
(WV Code Chapters 5B)
Fund 0256 FY 2004 Org 0307
General
Act-Revenue
ivityFunds
39

Local Economic

40 Development Assistance
40a

-Surplus (R)819

$3,953,578

44a

Tourism-Unclassified-Surplus (R)662

1,983,245

Any unexpended balances remaining in the appropriations for Local Economic Development Assistance - Surplus (fund 0256, activity 819) and Tourism - Unclassified - Surplus (fund 0256, activity 662) at the close of the fiscal year two thousand four are hereby reappropriated for expenditure during the fiscal year two thousand five.

That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand four, to fund 0470, fiscal year 2004, organization 0702, be supplemented and amended by increasing the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF TAX AND REVENUE
64-Tax Division
(WV Code Chapter 11)
Fund 0470 FY 2004 Org 0702
General
Act-Revenue
ivityFunds
3

Employee Benefits - Surplus250

$605,000

4

Unclassified - Surplus (R)097

610,000

7a

Tax Technology Upgrade -

Surplus (R)450

185,000

Any unexpended balances remaining in the appropriations for Unclassified - Surplus (fund 0470, activity 097) and Tax Technology Upgrade - Surplus (fund 0470, activity 450) at the close of the fiscal year two thousand four are hereby reappropriated for expenditure during the fiscal year two thousand five.

The purpose of this supplemental appropriation bill is to expire the sum of $19,418,121.38