H. B. 4676
(By Delegates Kominar, Iaquinta and Perdue)
[Passed February 29, 2008; in effect July 1, 2008.]
AN ACT to amend and reenact §11B-2-15 of the Code of West Virginia,
1931, as amended, relating to continuing the permissible
annual appropriation of Public Employees Insurance Reserve
Fund moneys for the bureau for medical services of the
Department of Health and Human Resources.
Be it enacted by the Legislature of West Virginia:
That §11B-2-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-15. Reserves for public employees insurance program.
(a) There is hereby continued a special revenue account in the
State Treasury, designated the "Public Employees Insurance Reserve
Fund", which is an interest-bearing account and may be invested in
accordance with the provisions of article six, chapter twelve of
this code, with the interest income a proper credit to the fund.
(b) The fund shall consist of moneys appropriated by the
Legislature and moneys transferred annually pursuant to the
provisions of subsection (c) of this section. These moneys shall
be held in reserve and appropriated by the Legislature only for the
support of the programs provided by the Public Employees Insurance
That the moneys held in the fund may be
appropriated to the bureau for medical services of the Department
of Health and Human Resources.
(c) Annually each state agency, except for the higher
education central office created in article four, chapter
eighteen-b of this code; the higher education governing boards as
defined in articles two and three of said chapter; and the state
institutions of higher education as defined in section two, article
one of said chapter shall transfer one percent of its annualized
expenditures from state funds, excluding federal funds based on
filled full-time equivalents as determined by the state budget
office as of the first day of April for that fiscal year, to the
Public Employees Insurance Reserve Fund. The secretary may exempt
that transfer only upon a showing by the requesting agency that the
continued operation of that agency is dependent upon receipt of the
(d) Annually the secretary shall provide a report to the
Governor and the Legislature on the amount of reserves established
pursuant to the provisions of this section, the number of exemptions granted and the agencies receiving those exemptions.