ENROLLED

Senate Bill No. 794

(By Senators Helmick, Sharpe, Plymale,

Edgell, Love, Bailey, Bowman, Unger, Minear, Boley,

Facemyer and Guills)

____________

[Passed March 10, 2006; in effect from passage.]

____________


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 six, in the amount of five million four hundred thousand dollars from the Joint Expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, in the amount of one million dollars from the State Department of Education, fund 0313, fiscal year 2006, organization 0402, activity 097, in the amount of twenty-four million six hundred thousand dollars from the Tax Reduction and Federal Funding Increased Compliance Fund, fund 1732, fiscal year 2006, organization 2300, in the amount of six million six hundred twenty-nine thousand dollars from the Board of Risk and Insurance Management - Premium Tax Savings Fund, fund 2367, fiscal year 2006, organization 0218, and in the amount of one million two hundred fifty thousand dollars from the Public Service Commission, fund 8623, fiscal year 2006, organization 0926, 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 Agriculture, fund 0131, fiscal year 2006, organization 1400, to the West Virginia Conservation Agency, fund 0132, fiscal year 2006, organization 1400, to the Consolidated Public Retirement Board, fund 0195, fiscal year 2006, organization 0205, to the State Department of Education, fund 0313, fiscal year 2006, organization 0402, to the State Board of Rehabilitation Services - Division of Rehabilitation Services, fund 0310, fiscal year 2006, organization 0932, to the Division of Human Services, fund 0403, fiscal year 2006, organization 0511, to Division of Corrections - correctional units, fund 0450, fiscal year 2006, organization 0608, and to the Aeronautics Commission, fund 0582, fiscal year 2006, organization 0807, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six.

WHEREAS, The Legislature finds that the account balance in the Joint Expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, the State Department of Education, fund 0313, fiscal year 2006, organization 0402, activity 097, the Tax Reduction and Federal Funding Increased Compliance Fund, fund 1732, fiscal year 2006, organization 2300, the Board of Risk and Insurance Management - Premium Tax Savings Fund, fund 2367, fiscal year 2006, organization 0218, the Public Service Commission, fund 8623, fiscal year 2006, organization 0926, exceeds that which is necessary for the purposes for which the accounts were established; and
WHEREAS, The Governor submitted to the Legislature the Executive Budget document, dated the eleventh day of January, two thousand six, which included a statement of the State Fund, General Revenue, 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 Executive Budget document, 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 six; therefore
Be it enacted by the Legislature of West Virginia:
That the balance of the funds available for expenditure in the fiscal year ending the thirtieth day of June, two thousand six, to the Joint Expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, be decreased by expiring the amount of five million four hundred thousand dollars; to the State Department of Education, fund 0313, fiscal year 2006, organization 0402, activity 097, be decreased by expiring the amount of one million dollars; to the Tax Reduction and Federal Funding Increased Compliance Fund, fund 1732, fiscal year 2006, organization 2300, be decreased by expiring the amount of twenty-four million six hundred thousand dollars; to the Board of Risk and Insurance Management - Premium Tax Savings Fund, fund 2367, fiscal year 2006, organization 0218, be decreased by expiring the amount of six million six hundred twenty-nine thousand dollars; and to the Public Service Commission, fund 8623, fiscal year 2006, organization 0926, be decreased by expiring the amount of one million two hundred fifty thousand dollars to the unappropriated surplus balance of the State Fund, General Revenue, to be available for appropriation during the fiscal year two thousand six.
And that the total appropriation for the fiscal year ending the thirtieth day of June, two thousand six, to fund 0131, fiscal year 2006, organization 1400, be supplemented and amended by increasing existing items of appropriation and adding new items of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2006 Org 1400

General
Act-Revenue
ivityFunds
7Unclassified - Surplus (R)
097
$985,500

12
Predator Control - Surplus (R)
65,000

20a
Jackson's Mill - Surplus (R)
842
500,000

20b
4-H Camp Improvements - Surplus (R)
600,000

Any unexpended balance remaining in the appropriation for Predator Control - Surplus(fund 0131, activity ), Jackson's Mill - Surplus(fund 0131, activity 842), and 4-H Camp Improvements - Surplus(fund 0131, activity ) 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 0132, fiscal year 2006, organization 1400, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

11-West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2006 Org 1400

General
Act-Revenue
ivityFunds
5Soil Conservation Projects -
Surplus (R)
269
$2,100,000

And 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
ivityFund
1Unclassified - Total -
Transfer - Surplus 682
$32,895,500

From the above appropriation for Unclassified - Total - Transfer - Surplus (fund 0195, activity 682) 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 0313, fiscal year 2006, organization 0402, be supplemented and amended by adding new items of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

41-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2006 Org 0402

General
Act-Revenue
ivityFunds
27a
Transportation Costs - Surplus (R)
$3,500,000

27b
Educational Enhancements -

Surplus (R)
4,000,000

Any unexpended balance remaining in the appropriation for Transportation Costs - Surplus(fund 0313, activity ) and Educational Enhancements - Surplus(fund 0313, activity ) at the close of the fiscal year two thousand six is hereby reappropriated for expenditure in 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 0310, fiscal year 2006, organization 0932, be supplemented and amended by increasing an existing item of appropriation and adding a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

51-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 0310 FY 2006 Org 0932

General
Act-Revenue
ivityFunds
1Personal Services - Surplus243
$246,000

10
Capital Outlay, Repairs and

10a
Equipment - Surplus (R)677
782,000

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
32Indigent Burials-Surplus (R)076
$100,000

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 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
1
Unclassified - Surplus097
$1,500,000

Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0450, activity 097) 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 0582, fiscal year 2006, organization 0807, be supplemented and amended by increasing an existing item of appropriation as follows:
TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF TRANSPORTATION

83-Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2006 Org 0807

General
Act-Revenue
ivityFunds
1Unclassified - Surplus (R)097
$400,000

The purpose of this bill is to expire funds into the unappropriated surplus balance in the state fund, general revenue, and to supplement, amend, add and increase items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year two thousand six.