Senate Bill No. 160
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced January 14, 2004; referred to the Committee on
Finance.]
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A BILL to amend and reenact §5A-2-14a of the code of West Virginia,
1931, as amended, relating to appropriation in certain fiscal
years of moneys to the bureau for medical services of the
department of health and human resources from funds held in
reserve for the public employees insurance agency.
Be it enacted by the Legislature of West Virginia:
That §5A-2-14a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. FINANCE DIVISION.
§5A-2-14a. Reserves for the public employees insurance programs.
(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
agency: Provided, That in only the fiscal year beginning the first
day of July, two thousand two, and in each of the next two five
fiscal years thereafter, and ending on the thirtieth day of June,
two thousand five eight, 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
exemption.
(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.
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(NOTE: The purpose of this bill is to extend for three years
the ability to appropriate money from the PEIA reserve fund to the
bureau for medical services.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)