H. B. 202
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced June 9, 2002; referred to the
Committee on Finance.]
A BILL to amend article five, chapter nine, of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twenty,
relating to the authorization of the secretary of the
department of health and human resources for the fiscal year
ending the thirtieth day of June, two thousand three, and
fiscal years thereafter to: (1)transfer no more than five
percent of the general revenue funds appropriated to the
various agencies of the department of health and human
resources to any one agency or board within the department
of health and human resources; and (2) transfer within the
budget of the division of human services no more than ten
percent of the funds appropriated to one line to the other
line items.
Be it enacted by the Legislature of West Virginia:
That article five, chapter nine, of the Code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§
9-5-20. Transfers between items of appropriation.
The secretary of the department of health and human
resources may transfer within the department of health and human
resources those general revenue funds appropriated by the
Legislature to the various agencies of the department of health
and human resources: Provided, That no more than five percent of
the general revenue funds appropriated by the Legislature to any
one agency or board may be transferred to other agencies or
boards within the department of health and human resources:
Provided, however, That the secretary of the department of health
and human resources may transfer funds appropriated to
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personal
services
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and
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employee benefits
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to other lines within the same
account and no funds from other lines shall be transferred to the
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personal services
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line: Provided further, That if the
Legislature by subsequent enactment consolidates agencies, boards
or functions, the secretary of the department of health and human
resources 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.
The secretary of the department of health and human
resources may transfer funds within the budget of the division of
human services of the department of health and human resources:
Provided, That no more than ten percent of the funds appropriated
to one line item may be transferred to other line items:
Provided, however, That no funds from other line items shall be
transferred to the personal services line item.
NOTE: The purpose of this bill is to authorize the Secretary
of the Department of Health and Human Resources to make limited
transfers of funds where needed.
This is a new section; therefore, underlining and strike-
throughs have been omitted.