H. B. 4020
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
(By Request of the Executive)
[Originating in the Committee on Finance]
(March 10, 2000)
A BILL making appropriations of public money out of the treasury
in accordance with section fifty-one, article six of the
Be it enacted by the Legislature of West Virginia:
TITLE I-GENERAL PROVISIONS.
Sec. 1. General policy.-The purpose of this bill is to
appropriate money necessary for the economical and efficient
discharge of the duties and responsibilities of the state and its
agencies during the fiscal year two thousand one.
Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine-
hundred thirty-one, as amended.
"Spending unit" shall mean the department, bureau, division,
office, board, commission, agency or institution to which an
appropriation is made.
The "fiscal year two thousand one" shall mean the period from the
first day of July, two thousand, through the thirtieth day of June,
two thousand one.
"General revenue fund" shall mean the general operating fund of
the state and includes all moneys received or collected by the state
except as provided in section two, article two, chapter twelve of
the code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which
by legislative enactments are not required to be accounted for as
general revenue, including federal funds.
"From collections" shall mean that part of the total
appropriation which must be collected by the spending unit to be
available for expenditure. If the authorized amount of collections
is not collected, the total appropriation for the spending unit
shall be reduced automatically by the amount of the deficiency in
the collections. If the amount collected exceeds the amount
designated "from collections," the excess shall be set aside in a
special surplus fund and may be expended for the purpose of the
spending unit as provided by article two, chapter five-a of the
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other
compensation paid to full-time, part-time and temporary employees of
the spending unit but shall not include fees or contractual payments
paid to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal
services" shall include salaries of heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible
employees" and shall be disbursed only in accordance with article
five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to
"personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching, workers'
compensation, unemployment compensation, pension and retirement
contributions, public employees insurance matching, personnel fees
or any other benefit normally paid by the employer as a direct cost
of employment. Should the appropriation be insufficient to cover
such costs, the remainder of such cost shall be transferred by each
spending unit from its "personal services" line item or its
"unclassified" line item to its "employee benefits" line item. If
there is no appropriation for "employee benefits," such costs shall
be paid by each spending unit from its "personal services" line
item, its "unclassified" line item or other appropriate line item.
Each spending unit is hereby authorized and required to make such
payments in accordance with the provisions of article two, chapter
five-a of the code.
Each spending unit shall be responsible for all contributions,
payments or other costs related to coverage and claims of its
employees for unemployment compensation. Such expenditures shall be considered an employee benefit.
"Current expenses" shall mean operating costs other than personal
services and shall not include equipment, repairs and alterations,
buildings or lands.
Each spending unit shall be responsible for and charged monthly
for all postage meter service and shall reimburse the appropriate
revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable
and calculable period of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and
repairs to structures and minor improvements to property which do
not increase the capital assets.
"Buildings" shall include new construction and major alteration
of existing structures and the improvement of lands and shall
include shelter, support, storage, protection or the improvement of
a natural condition.
"Lands" shall mean the purchase of real property or interest in
"Capital outlay" shall mean and include buildings, lands or
buildings and lands, with such category or item of appropriation to
remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state
government, upon approval of the governor there may be transferred to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall be
expended only for the purposes as defined above and only for the
spending units herein designated: Provided, That the secretary of
each department shall have the authority to transfer within the
department those general revenue funds appropriated to the various
agencies of the department: Provided, however, That no more than
five percent of the general revenue funds appropriated to any one
agency or board may be transferred to other agencies or boards
within the department: Provided further, That the secretary of each
department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a
departmental secretary as established by chapter five-f of the code
shall have the authority to transfer funds appropriated to "personal
services" and "employee benefits" to other lines within the same
account and no funds from other lines shall be transferred to the
"personal services" line: And provided further, That upon written
request of the speaker of the house of delegates, the auditor shall
transfer within the general revenue fund amounts from the total
appropriations of the house of delegates to other agencies, boards
or departments: And provided further, That if the Legislature by
subsequent enactment consolidates agencies, boards or functions, the
secretary may transfer the funds formerly appropriated to such
agency, board or function in order to implement such consolidation. No funds may be transferred from a special revenue account,
dedicated account, capital expenditure account or any other account
or fund specifically exempted by the Legislature from transfer,
except that the use of the appropriations from the state road fund
for the office of the secretary of the department of transportation
is not a use other than the purpose for which such funds were
dedicated and is permitted.
Appropriations otherwise classified shall be expended only where
the distribution of expenditures for different purposes cannot well
be determined in advance or it is necessary or desirable to permit
the spending unit the freedom to spend an appropriation for more
than one of the above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill,
unless otherwise specifically directed, shall be appropriated and
expended according to the provisions of article three, chapter
twelve of the code or according to any law detailing a procedure
specifically limiting that article.
Funds of the state of West Virginia not heretofore classified as
to purpose and existing within the funds of the treasury shall be
determined by the governor and transferred to a special account for
the purpose of expenditure as part of the general fund of the state.
Sec. 5. Maximum expenditures.-No authority or requirement of law
shall be interpreted as requiring or permitting an expenditure in
excess of the appropriations set out in this bill.