COMMITTEE SUBSTITUTE

FOR

H. B. 124

(By Mr. Speaker, Mr. Kiss and Delegate Trump)

[by Request of the Executive]

(Originating in the Committee on Finance)

[June 14, 2006]



A BILL making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Administration - Consolidated Public Retirement Board, fund 0195, fiscal year 2006, organization 0205, to the Department of Administration - Division of General Services, fund 0230, fiscal year 2006, organization 0211, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2006, organization 0221, to the Department of Administration - Public Employees Insurance Agency, fund 0200, fiscal year 2006, organization 0225, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2006, organization 0314, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2006, organization 0432, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2006, organization 0506, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2006, organization 0511, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2006, organization 0608, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2006, organization 0612, to the Department of Revenue - Tax Division, fund 0470, fiscal year 2006, organization 0702, to Higher Education - West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2006, organization 0420, and to Higher Education - Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2006, organization 0442, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six.

WHEREAS, The Governor submitted to the Legislature the Executive Budget Document which included a Statement of the State Fund, General Revenue, dated the eleventh day of January, two thousand six, setting forth therein the cash balance as of the first day of July, two thousand five; and further included the estimate of revenues for the fiscal year two thousand six, less net appropriation balances forwarded and regular appropriations for fiscal year two thousand six; and
WHEREAS, It appears from the Governor's Statement of the State Fund - General Revenue there now remains an unappropriated balance in the state treasury which is available for appropriation during the fiscal year ending the thirtieth day of June, two thousand six; therefore
Be it enacted by the Legislature of West Virginia:
That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0195, fiscal year 2006, organization 0205, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

18-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2006 Org 0205

General
Act-Revenue
ivityFunds
1Unclassified - Total - Transfer
402
$28,390,300

The above appropriation for Unclassified - Total - Transfer (fund 0195, activity 402) shall be transferred to the Consolidated Public Retirement Board - West Virginia Teachers' Retirement System Employers Accumulation Fund (Fund 2601).
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0230, fiscal year 2006, organization 0211, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

20-Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2006 Org 0211

General
Act-Revenue
ivityFunds
4Unclassified (R)
099
$500,000

Any unexpended balance remaining in the appropriation for Unclassified (fund 0230, activity 099) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0226, fiscal year 2006, organization 0221, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

25-Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2006 Org 0221

General
Act-Revenue
ivityFunds
7
Public Defender Corporation (R)
352
$1,500,000

8
Appointed Counsel - Public Defender

9
Conflicts (R)
568
1,300,000

10
Appointed Counsel Fees (R)
788
2,200,000

Any unexpended balance remaining in the appropriation for Appointed Counsel - Public Defender Conflicts (fund 0226, activity 568) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0200, fiscal year 2006, organization 0225, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF ADMINISTRATION

27-Public Employees Insurance Agency

(WV Code Chapter 5)

Fund 0200 FY 2006 Org 0225

General
Act-Revenue
ivityFunds
1
Employees Subsidy (R)
922
$3,900,000

Any unexpended balance remaining in the appropriation for Employees Subsidy (fund 0200, activity 922) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the items of the total appropriation from the State Fund, General Revenue, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, be supplemented, increased and amended by adding thereto new items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

33-West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2006 Org 0307

General
Act-Revenue
ivityFunds
42a
Infrastructure Projects
079
$14,000,000

42b
Housing Development Fund Grants
089
250,000

The above appropriation for Infrastructure Projects (fund 0256, activity 079) shall be transferred to the West Virginia Infrastructure Fund (Fund 3384).
The above appropriation for Housing Development Fund Grants (fund 0256, activity 089) shall be granted to the West Virginia Housing Development Fund to assist families that must be relocated away from the floodplains.
And, that the items of the total appropriation from the State Fund, General Revenue, to the Department of Commerce - Division of Miners' Health, Safety and Training, fund 0277, fiscal year 2006, organization 0314, be supplemented, increased and amended to hereafter read as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF COMMERCE

36-Division of Miners' Health, Safety and Training

(WV Code Chapter 22)

Fund 0277 FY 2006 Org 0314

General
Act-Revenue
ivityFunds
1
Personal Services
001
$4,102,856

2
Annual Increment
004
70,600

3
Employee Benefits
010
1,551,243

4
Unclassified (R)
099
647,893

5
WV Diesel Equipment Commission
712
38,034

6
BRIM Premium
913
72,573

7
Total
$6,483,199

From the appropriation above (fund 0277) at least $500,000 shall be used in developing, procuring and/or deploying technologies to assist in locating and communicating with trapped miners, supporting life, transporting rescue personnel and rescued individuals through underground mines and otherwise assist with mine rescue operations.
Any unexpended balance remaining in the appropriation for Unclassified (fund 0277, activity 099) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0293, fiscal year 2006, organization 0432, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

48-Division of Culture and History

(WV Code Chapter 29)

Fund 0293 FY 2006 Org 0432

General
Act-Revenue
ivityFunds
7a
Capital Outlay, Repairs and

7b
Equipment (R)
589
$350,000

Any unexpended balance remaining in the appropriation for Capital Outlay, Repairs and Equipment (fund 0293, activity 589) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0407, fiscal year 2006, organization 0506, be supplemented and amended by increasing existing items of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND

HUMAN RESOURCES

56-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 0407 FY 2006 Org 0506

General
Act-Revenue
ivityFunds
15Statewide EMS Program Support (R)
383
$362,465

Any unexpended balance remaining in the appropriation for Statewide EMS Program Support (fund 0407, activity 383) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0525, fiscal year 2006, organization 0506, be supplemented and amended by increasing an existing item of appropriation and adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND

HUMAN RESOURCES

57-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2006 Org 0506

General
Act-Revenue
ivityFunds
8
Institutional Facilities Operations
335
$1,039,000

12b
Capital Outlay (R)
511
8,673,000

And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0403, fiscal year 2006, organization 0511, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF HEALTH AND

HUMAN RESOURCES

60-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2006 Org 0511

General
Act-Revenue
ivityFunds
10
Social Services
195
$1,000,000

And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0450, fiscal year 2006, organization 0608, be supplemented and amended by increasing an existing item of appropriation and adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

67-Division of Corrections-

Correctional Units

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

Fund 0450 FY 2006 Org 0608

General
Act-Revenue
ivityFunds
11
Payments to Federal, County and/or

12
Regional Jails (R)
555
$8,266,546

23a
Capital Outlay and Maintenance (R)
755
2,879,500

Any unexpended balance remaining in the appropriation for Payments to Federal, County and/or Regional Jails (fund 0450, activity 555) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure during the fiscal year two thousand seven.
And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0453, fiscal year 2006, organization 0612, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

68-West Virginia State Police

(WV Code Chapter 15)

Fund 0453 FY 2006 Org 0612

General
Act-Revenue
ivityFunds
16a
Law Enforcement-Special Projects (R)787
$1,000,000

And, that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0470, fiscal year 2006, organization 0702, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF REVENUE

76-Tax Division

(WV Code Chapter 11)

Fund 0470 FY 2006 Org 0702

General
Act-Revenue
ivityFunds
4
Unclassified (R)
099
$100,000

And, that the items of the total appropriation from the State Fund, General Revenue, to Higher Education - West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2006, organization 0420, be supplemented and amended by adding thereto a new item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

HIGHER EDUCATION

85-West Virginia Council for

Community and Technical College Education-

Control Account


(WV Code Chapter 18B)

Fund 0596 FY 2006 Org 0420

General
Act-Revenue
ivityFunds
23a
Community College Workforce

23b
Development (R)
878
$1,000,000

And, that the items of the total appropriation from the State Fund, General Revenue, to Higher Education - Higher Education Policy Commission - System - Control Account, fund 0586, fiscal year 2006, organization 0442, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

HIGHER EDUCATION

87-Higher Education Policy Commission-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2006 Org 0442

General
Act-Revenue
ivityFunds
19
West Virginia University
459
$300,000

The purpose of this supplemental appropriation bill is to supplement, amend, increase and add items of appropriations in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six.