Senate Bill No. 738
(By Senators Craigo, Sharpe, Jackson, Chafin, Prezioso,
Plymale, Love, Helmick, Anderson, Edgell, Unger,
McCabe, Boley, Minear and Sprouse)
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[Originating in the Committee on Finance;
reported February 28, 2002.]
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A BILL to amend and reenact section fourteen-a, article two,
chapter five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the permissible
appropriation of moneys from the public employees insurance
reserve fund.
Be it enacted by the Legislature of West Virginia:
That section fourteen-a, article two, chapter five-a of the
code of West Virginia, one thousand nine hundred thirty-one, 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
created continued a special revenue
account in the state treasury, designated the "Public Employees
Insurance Reserve Fund", which
shall be 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 fiscal
years thereafter, and ending on the thirtieth day of June, two
thousand five, the moneys held in the fund may be appropriated to
the bureau of medical services of the department of health and
human resources.
(c)
Beginning on the thirty-first day of May, two thousand,
and annually Annually thereafter, 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 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
: Provided, That for the fiscal year
beginning on the first day of July, one thousand nine hundred
ninety-nine, 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, chapter
eighteen-b of this code; and the state institutions of higher
education as defined in section two, article one, chapter
eighteen-b of this code are exempt from the provisions of this
subsection.
(d)
On the first day of January, two thousand one, and
annually Annually thereafter, 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.
NOTE: The purpose of this bill is to permit the appropriation
of moneys in the public employees insurance reserve fund to the
bureau of medical services of the department of health and human
resources in only fiscal years two thousand two, two thousand
three, and two thousand four.
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