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Introduced Version House Bill 4580 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4580

By Delegates Zatezalo and Householder

[Introduced February 13, 2018; Referred
to the Committee on Finance.]

A BILL to amend and reenact §5-1A-2 of the Code of West Virginia, 1931, as amended, relating to submission of the budget bill; prescribing definitions for use in this section; requiring the Governor to include appropriation limitations in the budget and a bill for all the proposed appropriations of the budget delivered to the presiding officer of each house; establishing the factors and mechanisms for setting the state appropriation limitation for specific fiscal years; requiring the Governor to use estimates of the aggregate general revenue for fiscal year 2017; requiring the Governor for any fiscal year to use the most recent published data regarding inflation and population change, as well as estimated rates of inflation and population change; and requiring the Governor to update the rates of inflation, population change, and aggregate fund appropriations to reflect the most recent published data for determination of state appropriation limitations.

Be it enacted by the Legislature of West Virginia:


ARTICLE 1A. ITEMIZATION OF PROPOSED APPROPRIATIONS IN BUDGET BILL SUBMITTED BY GOVERNOR TO LEGISLATURE.


§5-1A-2. Submission of budget bill; form prescribed by article; section definitions; inclusion of aggregate General Revenue Fund appropriations and state appropriation limitations.

(a) Pursuant to section fifty-one, article six of the Constitution of West Virginia, the Governor shall deliver to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget. The proposed appropriations in such bill shall be clearly itemized and classified in the form and detail prescribed by this article.


(b) As used in this section:

(1) “Aggregate General Revenue Fund appropriations” means all General Revenue Fund appropriations in the budget and a bill for all the proposed appropriations of the budget, except for the following:

(A) Appropriations of money received from the federal government;

(B) Appropriations made for tax relief or refunds of taxes and other overpayments; and

(C) Appropriations of money received as gifts.

(2) “Rate of inflation” means the percentage increase or decrease in the Consumer Price Index over a one-year period, based on the most recent Consumer Price Index for all urban consumers, mid-Atlantic region, all items, as determined by the Bureau of Labor Statistics of the United States Department of Labor or, if that index is no longer published, a generally available comparable index.

(3) “Rate of population change” means the percentage increase or decrease in the population of this state over a one-year period, based on the most recent population data available for the state published by the Bureau of the Census of the United States Department of Commerce, or its successor in responsibility, in the population estimates program, or its successive equivalent.

(c) As part of the state budget and a bill for all the proposed appropriations of the budget the Governor submits to the presiding officer of each house, the Governor shall include the state appropriation limitations the Legislature may not exceed when making aggregate General Revenue Fund appropriations for each respective fiscal year covered by that budget. The aggregate General Revenue Fund appropriations the Governor proposes in the state budget also may not exceed those limitations for each respective fiscal year covered by that budget.

(d) For fiscal year 2019, the state appropriation limitation is the sum of the following:

(1) The aggregate General Revenue Fund appropriations for fiscal year 2018; plus.

(2) The aggregate General Revenue Fund appropriations for fiscal year 2018 multiplied by either three and one-half percent, or the sum of the rate of inflation plus the rate of population change, whichever is greater.

(e) For each fiscal year thereafter the state appropriation limitation is the sum of the following:

(1) The state appropriation limitation for the previous fiscal year; plus

(2) The state appropriation limitation for the previous fiscal year multiplied by either three and one-half percent, or the sum of the rate of inflation plus the rate of population change, whichever is greater.

(f) The Governor, in determining the state appropriation limitation for fiscal year 2019, shall use estimates regarding the aggregate General Revenue Fund appropriations for fiscal year 2018. For any fiscal year, the Governor shall use the most recent published data available regarding the rates of inflation and population change, and estimated rates of inflation and population change.

(g) When determining the state appropriation limitations for each fiscal year after 2019, the Governor shall update the rates of inflation and population change used in the determination of the state appropriation limitation for the previous fiscal year to reflect the most recent published data, shall recalculate that fiscal year's limitation based on the update, and shall use the recalculated limitation for determining the state appropriation limitations for the ensuing fiscal year to be included in the budget submitted pursuant to this article. The Governor also shall update the aggregate General Revenue Fund appropriations amount for the previous fiscal year. The Governor then shall recalculate that year’s limitation based on the updates and shall use the recalculated limitation for determining the state appropriation limitations for the ensuing fiscal year be included in the budget submitted under this article.

 

NOTE: The purpose of this bill is to require the Governor to include the state appropriation limitations the Legislature may not exceed when making aggregate General Revenue Fund appropriations in the budget bill submitted to the Legislature. It also requires that the limitations be updated annually.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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