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Enrolled Version - Final Version House Bill 2538 History

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ENROLLED

Committee Substitute

for

H. B. 2538

 

(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)

[By Request of the Executive]

[Passed April 13, 2013; in effect from passage.]

 

AN ACT expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013 in the amount of $5,500,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $5,000,000 from the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2013, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $24,500,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, and in the amount of $3,000,000 from the Public Service Commission, fund 8623, fiscal year 2013, 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 Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2013, organization 0100, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2013, organization 0307, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Education and the Arts, Office of the Secretary, fund 0294, fiscal year 2013, organization 0431, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

    WHEREAS, the Legislature finds that the account balances in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2013, organization 0218, the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2013, organization 0507, the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, the Public Service Commission, fund 8623, fiscal year 2013, organization 0926, exceed 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 February 13, 2013, which included a Statement of the State Fund, General Revenue, setting forth therein the cash balance as of July 1, 2012, and further included the estimate of revenues for the fiscal year 2013, less net appropriation balances forwarded and regular appropriations for the fiscal year 2013; and

    WHEREAS, It appears from the 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 June 30, 2013; therefore

Be it enacted by the Legislature of West Virginia:

    That the balance of the funds available for expenditure in the fiscal year ending June 30, 2013, in the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, be decreased by expiring the amount of $5,500,000, and in the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, be decreased by expiring the amount of $1,500,000, and in the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, be decreased by expiring the amount of 2,500,000, and in the Department of Administration, Division of General Services, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, be decreased by expiring the amount of $18,317,356.29, and in the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, be decreased by expiring the amount of $3,800,000, and in the Department of Administration, Board of Risk and Insurance Management, Premium Tax Savings Fund, fund 2367, fiscal year 2013, organization 0218, be decreased by expiring the amount of $8,000,000, and in the West Virginia Health Care Authority, Health Care Cost Review Fund, fund 5375, fiscal year 2013, organization 0507, be decreased by expiring the amount of $5,000,000, and in the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, be decreased by expiring the amount of $2,000,000, and in the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, be decreased by expiring the amount of $4,600,000, and in the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, be decreased by expiring the amount of $24,500,000, and in the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, be decreased by expiring the amount of $14,736,022, and in the Public Service Commission, fund 8623, fiscal year 2013, organization 0926, be decreased by expiring the amount of $3,000,000 all to the unappropriated surplus balance of the State Fund, General Revenue, to be available for appropriation during the fiscal year ending June 30, 2013.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0105, fiscal year 2013, organization 0100, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

7–Governor’s Office -

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2013 Org 0100

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

1a  2012 Natural Disasters - Surplus (R).  135    $ 2,000,000

    Any federal reimbursements received to remunerate disbursements from this activity or funds transferred from this activity shall be credited back to this activity.

    Any unexpended balance remaining in the appropriation for 2012 Natural Disasters - Surplus (fund 0105, activity 135) at the close of fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014.And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0203, fiscal year 2013, organization 0209, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF ADMINISTRATION

20-Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2013 Org 0209

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

10a Enterprise Resource Planning

10b  System - Surplus. . . . . . . . . .  872    $30,000,000

    The above appropriation for Enterprise Resource Planning System - Surplus (activity 872), shall be transferred to the West Virginia Enterprise Resource Planning Board, fund 9080, organization 0947.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0256, fiscal year 2013, organization 0307, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF COMMERCE

36-West Virginia Development Office

(WV Code Chapter 5B)

Fund 0256 FY 2013 Org 0307

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

5a  Unclassified - Surplus (R). . . . . .  097    $ 3,500,000

    Any unexpended balance remaining in the above appropriation for Unclassified - Surplus (fund 0256, activity 097) at the close of the fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0265, fiscal year 2013, organization 0310, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF COMMERCE

39-Division of Natural Resources

(WV Code Chapter 20)

Fund 0265 FY 2013 Org 0310

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

12a Operating Expenses - Surplus (R). . .  779    $ 1,000,000

    Any unexpended balance remaining in the above appropriation for Operating Expenses - Surplus (fund 0265, activity 779) at the close of the fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0294, fiscal year 2013, organization 0431, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION AND THE ARTS

54-Department of Education and the Arts -

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2013 Org 0431

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

14a Educational Enhancements - Surplus. .  927    $   500,000

    Any unexpended balance remaining in the above appropriation for Educational Enhancements- Surplus (fund 0294, activity 927) at the close of the fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014. And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0525, fiscal year 2013, organization 0506, 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

64–Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2013 Org 0506

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

6   Behavioral Health Program - Surplus (R)631    $ 3,662,312

    Any unexpended balance remaining in the above appropriation for Behavioral Health Program - Surplus (fund 0525, activity 631) at the close of the fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0403, fiscal year 2013, organization 0511, 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

67–Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 0403 FY 2013 Org 0511

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

9   Medical Services - Surplus (R). . . .  633    $34,384,273

10  Social Services - Surplus. . . . . .   082      4,717,147

    Any unexpended balance remaining in the above appropriation for Medical Services - Surplus (fund 0403, activity 633) at the close of the fiscal year 2013 is hereby reappropriated for expenditure during the fiscal year 2014.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0430, fiscal year 2013, organization 0601, be supplemented and amended by adding new items of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

68-Department of Military Affairs and Public Safety -

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2013 Org 0601

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

9a  Substance Abuse

9b   Program - Surplus (R). . . . . . .   696    $ 3,000,000

9c  Justice Reinvestment

9d   Training - Surplus (R). . . . . . .  699        500,000

    Any unexpended balances remaining in the above appropriations for Substance Abuse Program - Surplus (fund 0430, activity 696) and Justice Reinvestment Training - Surplus (fund 0430, activity 699) at the close of the fiscal year 2013 are hereby reappropriated for expenditure during the fiscal year 2014.

    The above appropriations for Substance Abuse Program - Surplus (fund 0430, activity 696) and Justice Reinvestment Training - Surplus (fund 0430, activity 699) shall be used for substance abuse and training initiatives designed to increase public safety and decrease the recidivism rate in West Virginia.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0450, fiscal year 2013, organization 0608, be supplemented and amended by adding new items of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

74-Division of Corrections -

Correctional Units

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

Fund 0450 FY 2013 Org 0608

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

14a Capital Improvements - Surplus (R). .  661    $ 6,000,000

15a Capital Outlay, Repairs and

15b  Equipment - Surplus (R). . . . . .   677      4,900,000

18a Operating Expenses - Surplus (R). . .  779      2,000,000

    Any unexpended balances remaining in the above appropriations for Capital Improvements - Surplus (fund 0450, activity 661), Capital Outlay, Repairs and Equipment - Surplus (fund 0450, activity 677), and Operating Expenses - Surplus (fund 0450, activity 779) at the close of the fiscal year 2013 are hereby reappropriated for expenditure during the fiscal year 2014.

    And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0596, fiscal year 2013, organization 0420, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

HIGHER EDUCATION

92-West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2013 Org 0420

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

2a  Unclassified - Surplus (R). . . . . .  097    $    80,758

         And, That the total appropriation for the fiscal year ending June 30, 2013, to fund 0586, fiscal year 2013, organization 0442, be supplemented and amended by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Section 1. Appropriations from general revenue.

HIGHER EDUCATION

94-Higher Education Policy Commission -

System -

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2013 Org 0442

                                                      General

                                            Act-      Revenue

                                           ivity       Fund

2a  Unclassified - Surplus. . . . . . . .  097    $ 4,247,234From the above appropriation for Unclassified-Surplus (fund 0586, activity 097) no less than $4,000,000 is to be used for Glenville State College for capital improvements.

    The purpose of this supplemental appropriation bill is to expire, supplement, amend, increase, and add items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2013.

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