Senate Bill No. 620

(By Senators Prezioso, D. Facemire, Unger, Edgell, Plymale, McCabe, Laird, Wells, Green, Chafin, Yost, Helmick, Stollings, Miller, Boley and Sypolt)

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[Originating in the Committee on Finance; reported March 10, 2011.]

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A BILL expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2011, in the amount of $7,100,000 from the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, 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 Auditor’s Office - General Administration, fund 0116, fiscal year 2011, organization 1200, to the Department of Agriculture, fund 0131, fiscal year 2011, organization 1400, to the Department of Administration - Ethics Commission, fund 0223, fiscal year 2011, organization 0220, to the Department of Administration - Public Defender Services, fund 0226, fiscal year 2011, organization 0221, to the Department of Education - State Department of Education, fund 0313, fiscal year 2011, organization 0402, to the Department of Health and Human Resources - Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - West Virginia Parole Board, fund 0440, fiscal year 2011, organization 0605, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2011, organization 0608, to the Department of Military Affairs and Public Safety - Division of Veterans’ Affairs, fund 0456, fiscal year 2011, organization 0613, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.

    WHEREAS, The Legislature finds that the account balance in the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, exceeds that which is necessary for the purposes for which the account was established; and

    WHEREAS, The Governor submitted to the Legislature the Executive Budget document, dated January 12, 2011, which included a statement of the State Fund, General Revenue, setting forth therein the cash balance as of July 1, 2010; and further included the estimate of revenues for the fiscal year 2011, less net appropriation balances forwarded and regular appropriations for fiscal year 2011; 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 June 30, 2011; 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, 2011, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, be decreased by expiring the amount of $7,100,000 to the unappropriated surplus balance of the State Fund, General Revenue, to be available for appropriation during the fiscal year 2011.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0116, fiscal year 2011, organization 1200, be supplemented and amended by increasing an existing item of appropriation as follows:                               TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

EXECUTIVE

8-Auditor’s Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2011 Org 1200

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

5   Unclassified - Surplus (R). . . . .  097  $ 2,500,000

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0116, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0131, fiscal year 2011, 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

10-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2011 Org 1400

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

7   Unclassified - Surplus (R). . . . .  097  $   725,000

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0131, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0223, fiscal year 2011, organization 0220, 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

25—Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2011 Org 0220

                                                     General

                                         Act-        Revenue

                                        ivity         Fund

1   Unclassified - Surplus . . . . . . .097     $     75,000

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0226, fiscal year 2011, organization 0221, 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

26—Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2011 Org 0221

                                                     General

                                         Act-        Revenue

                                        ivity         Fund

6a  Appointed Counsel

6b   Fees - Surplus (R) . . . . . . . .435     $ 11,500,000

    Any unexpended balance remaining in the appropriation for Appointed Counsel Fees - Surplus (fund 0226, activity 435) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0313, fiscal year 2011, organization 0402, be supplemented and amended by increasing existing items of appropriation as follows:

TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF EDUCATION

46-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2011 Org 0402

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

4   Unclassified - Surplus (R). . . . . 097     $    526,522

6   Increased Enrollment - Surplus . . .059        2,062,718

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0313, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0525, fiscal year 2011, 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

62-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 0525 FY 2011 Org 0506

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

9   Institutional Facilities

9a   Operations - Surplus (R). . . . . 632     $  3,961,964

    Any unexpended balance remaining in the appropriation for Institutional Facilities Operations - Surplus (fund 0525, activity 632) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0403, fiscal year 2011, 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

65-Division of Human Services

(WV Code Chapters 9, 48 and 49 )

Fund 0403 FY 2011 Org 0511

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

40  Indigent Burials - Surplus (R). . . 076     $    850,000

    Any unexpended balance remaining in the appropriation for Indigent Burials - Surplus (fund 0403, activity 076) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0440, fiscal year 2011, organization 0605, 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

69-West Virginia Parole Board

(WV Code Chapter 62)

Fund 0440 FY 2011 Org 0605

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

4   Unclassified - Surplus (R). . . . . 097     $     31,491

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0440, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0450, fiscal year 2011, organization 0608, be supplemented and amended by increasing existing items of appropriation as follows:TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

72-Division of Corrections -

Correctional Units

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

Fund 0450 FY 2011 Org 0608

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

 3   Unclassified - Surplus (R). . . . .  097    $ 7,100,000

12  Payments to Federal, County, and/or

13   Regional Jails - Surplus (R). . .  008       6,000,000

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0450, activity 097) and Payments to Federal, County, and/or Regional Jails - Surplus (fund 0450, activity 008) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0456, fiscal year 2011, organization 0613, 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

74-Division of Veterans’ Affairs

(WV Code Chapter 9A)

Fund 0456 FY 2011 Org 0613

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

4   Unclassified - Surplus (R). . . . .  097    $    300,000

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0456, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    And, That the total appropriation for the fiscal year ending June 30, 2011, to fund 0589, fiscal year 2011, organization 0441, be supplemented and amended by increasing an existing item of appropriation as follows:

TITLE II--APPROPRIATIONS.

Section 1. Appropriations from General Revenue.

HIGHER EDUCATION

91-Higher Education Policy Commission -

Administration -

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2011 Org 0441

                                                   General

                                          Act-     Revenue

                                         ivity      Funds

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

    Any unexpended balance remaining in the appropriation for Unclassified - Surplus (fund 0589, activity 097) at the close of the fiscal year 2011 is hereby reappropriated for expenditure during the fiscal year 2012.

    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 2011.