ENROLLED
Senate Bill No. 1011
(By Senators Helmick, Sharpe, Plymale, Chafin, Prezioso,
Edgell, Love, Bailey, Bowman, McCabe, Unger, Fanning,
Sypolt, Facemyer, Boley, Sprouse and Guills)
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[Passed March 16, 2008; in effect from passage.]
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AN ACT making a supplementary appropriation of public moneys out of
the Treasury from the balance of moneys remaining as an
unappropriated balance in the State Excess Lottery Revenue
Fund to the Lottery Commission - Excess Lottery Revenue Fund
Surplus, fund 7208, fiscal year 2008, organization 0705, to
the West Virginia Development Office, fund 3170, fiscal year
2008, organization 0307, to the Division of Health - Central
Office, fund 5219, fiscal year 2008, organization 0506, to the
Department of Military Affairs and Public Safety - Office of
the Secretary, fund 6005, fiscal year 2008, organization 0601,
to the Division of Corrections - Correctional Units, fund
6283, fiscal year 2008, organization 0608, and to the Higher
Education Policy Commission - Administration - Control
Account, fund 4932, fiscal year 2008, organization 0441, by
supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the
budget bill.
WHEREAS, The Governor submitted to the Legislature the
Executive Budget Document, dated the ninth day of January, two
thousand eight, containing a Statement of the State Excess Lottery
Revenue Fund, setting forth therein the cash balance as of the
first day of July, two thousand seven, and further included the
estimate of revenue for the fiscal year two thousand eight, less
regular and surplus appropriations for the fiscal year two thousand
eight; and
WHEREAS, It appears from the Governor's Statement of the State
Excess Lottery Revenue Fund 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 eight; 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 eight, to fund 7208, fiscal
year 2008, organization 0705, be supplemented and amended to
hereafter read as follows:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
258-Lottery Commission-
Excess Lottery Revenue Fund Surplus
Fund 7208 FY 2008 Org 0705
Act-Lottery
ivityFunds
1
Capitol Complex - Capital Outlay417$51,500,000
2
Unclassified - Transfer48216,900,000
3
Consolidated Public Retirement -
4
Transfer91824,516,867
5
Total$92,916,867
From the above appropriation for Unclassified - Transfer
(activity 482) twelve million nine hundred thousand dollars shall
be transferred to the General Revenue Fund only after all funding
required by section eighteen-a, article twenty-two, chapter twenty-
nine of the Code of West Virginia has been satisfied as determined
by the Director of the Lottery but before any other nonstatutory
appropriations to the State Excess Lottery Revenue Fund are funded.
From the above transfer for Unclassified - Transfer (activity
482) four million dollars shall be transferred to Underground
Storage Tank Insurance Fund (fund 3218, org 0313).
The above appropriation for Consolidated Public Retirement -
Transfer (fund 7208, activity 918) shall be transferred to the
Consolidated Public Retirement Board - West Virginia Teachers
Retirement System Employers Accumulation Fund (fund 2601) only
after all funding required by section eighteen-a, article twenty-
two, chapter twenty-nine of the Code of West Virginia and the
transfer to the General Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied as determined by the Director of the
Lottery.
The above appropriation for Capitol Complex - Capital Outlay
(fund 7208, activity 417) shall be transferred to the Capitol Dome
and Capital Improvements Fund (fund 2257) only after all funding
required by section eighteen-a, article twenty-two, chapter twenty-
nine of the Code of West Virginia and the transfer to the General
Revenue Fund (fund 7208, org 0705, activity 482) has been satisfied
as determined by the Director of the Lottery.
Should the actual revenues accruing to the total State Excess
Lottery Revenue Fund be insufficient to fully fund all
appropriations, the appropriation to the Capital Complex - Capital
Outlay (activity 417) shall be reduced to the extent funds are
available and the appropriation made in the reduced amount and
thereafter transferred to the Capital Dome and Capital Improvement
Fund (fund 2257).
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand eight, to fund 3170, fiscal
year 2008, organization 0307, be supplemented and amended by adding
new items of appropriation as follows:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
262-West Virginia Development Office
(WV Code Chapter 5B)
Fund 3170 FY 2008 Org 0307
Act-Lottery
ivityFunds
1Recreational Grants or Economic
Development Loans (R)253$10,000,000
2
Economic Development Assistance (R)900$2,000,000
Any unexpended balances remaining in the appropriations for
Recreational Grants or Economic Development Loans (fund 3170,
activity 253) or Economic Development Assistance (fund 3170, fund
900) at the close of the fiscal year two thousand eight are hereby
reappropriated for expenditure during the fiscal year two thousand
nine.
From the above appropriation for Recreational Grants or
Economic Development Loans (activity 253) one hundred thousand
dollars is for Mercer County Horse Park.
And that the total appropriation for the fiscal year ending
the thirtieth day of June, two thousand eight, to fund 5219, fiscal
year 2008, organization 0506, be supplemented and amended by adding
a new item of appropriation as follows:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
263-Division of Health-
Central Office
(WV Code Chapter 16)
Fund 5219 FY 2008 Org 0506
Act-Lottery
ivityFunds
1Capital Outlay and Maintenance (R)755$1,000,000
Any unexpended balance remaining in the appropriation for
Capital Outlay and Maintenance (fund 5219, activity 755) at the
close of the fiscal year two thousand eight is hereby
reappropriated for expenditure during the fiscal year two thousand
nine.
And that chapter twelve, Acts of the Legislature, regular
session, two thousand seven, known as the budget bill, be
supplemented and amended by adding to Title II, section five
thereof, the following:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
263a-Department of Military Affairs and
Public Safety-
Office of the Secretary
(WV Code Chapter 5F)
Fund 6005 FY 2008 Org 0601
Act-Lottery
ivityFunds
1
Interoperable Communications
2 System (R)303$10,000,000
Any unexpended balance remaining in the appropriation for
Interoperable Communications System (fund 6005, activity 303) at the close of the fiscal year two thousand eight is hereby
reappropriated for expenditure during the fiscal year two thousand
nine.
And that chapter twelve, Acts of the Legislature, regular
session, two thousand seven, known as the budget bill, be
supplemented and amended by adding to Title II, section five
thereof, the following:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
263b-Division of Corrections-
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 6283 FY 2008 Org 0608
Act-Lottery
ivityFunds
1
Capital Outlay, Repairs and
2 Equipment (R) 589$1,500,000
3Capital Outlay and Maintenance (R)755
2,000,000
4 Total$3,500,000
Any unexpended balances remaining in the appropriations for
Capital Outlay, Repairs and Equipment (fund 6283, activity 589) and
Capital Outlay and Maintenance, (fund 6283, activity 755) at the
close of the fiscal year two thousand eight are hereby
reappropriated for expenditure during the fiscal year two thousand
nine.
And that chapter twelve, Acts of the Legislature, regular
session, two thousand seven, known as the budget bill, be
supplemented and amended by adding to Title II, section five
thereof, the following:
TITLE II--APPROPRIATIONS.
Sec. 5. Appropriations from State Excess Lottery Revenue Fund.
265a-Higher Education Policy Commission-
Administration-
Control Account
(WV Code Chapter 18B)
Fund 4932 FY 2008 Org 0441
Act-Lottery
ivityFunds
1
Research Investment020$50,000,000
2
Advanced Technology Centers (R)02830,000,000
3
Energy Savings Loan Program (R)0507,000,000
4
Allied Health Program Expansion (R)0527,154,898
5
Higher Education Grant Program 1641,000,000
6
HEAPS Grant Program (R)8671,000,000
7
Total$96,154,898
The above appropriation for Research Investment (fund 4932,
activity 020) shall be transferred to the West Virginia Research
Trust Fund.
Any unexpended balances remaining in the appropriations for
Advanced Technology Centers (fund 4932, activity 028), Energy Savings Loan Program (fund 4932, activity 050), Allied Health
Program Expansion (fund 4932, activity 052) and HEAPS Grant Program
(fund 4932, activity 867) at the close of the fiscal year two
thousand eight are hereby reappropriated for expenditure during the
fiscal year two thousand nine.
The above appropriation for Higher Education Grant Program
(activity 164) shall be transferred to the Higher Education Grant
Fund (fund 4933, org 0441) established by section three, article
five, chapter eighteen-c of the Code of West Virginia.
The purpose of this supplemental appropriation bill is 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 eight.