Senate Bill No. 50
[Originating in the Committee on
reported March 10, 2000]
A BILL making appropriations of public money out of the treasury in accordance with section fifty-
one, article six of the constitution.
Be it enacted by the Legislature of West Virginia:
TITLE I-GENERAL PROVISIONS.
Sec. 1. General policy.-The purpose of this bill is to appropriate money necessary for the
economical and efficient discharge of the duties and responsibilities of the state and its agencies
during the fiscal year two thousand one.
Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the governor of the state of West Virginia.
"Code" shall mean the code of West Virginia, one thousand nine-hundred thirty-one, as amended.
"Spending unit" shall mean the department, bureau, division, office, board, commission, agency
or institution to which an appropriation is made.
The "fiscal year two thousand one" shall mean the period from the first day of July, two thousand,
through the thirtieth day of June, two thousand one.
"General revenue fund" shall mean the general operating fund of the state and includes all moneys
received or collected by the state except as provided in section two, article two, chapter twelve of the
code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources which by legislative enactments are
not required to be accounted for as general revenue, including federal funds.
"From collections" shall mean that part of the total appropriation which must be collected by the
spending unit to be available for expenditure. If the authorized amount of collections is not collected,
the total appropriation for the spending unit shall be reduced automatically by the amount of the
deficiency in the collections. If the amount collected exceeds the amount designated "from
collections," the excess shall be set aside in a special surplus fund and may be expended for the
purpose of the spending unit as provided by article two, chapter five-a of the code.
Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time, part-time
and temporary employees of the spending unit but shall not include fees or contractual payments paid
to consultants or to independent contractors engaged by the spending unit.
Unless otherwise specified, appropriations for "personal services" shall include salaries of heads
of spending units.
"Annual increment" shall mean funds appropriated for "eligible employees" and shall be
disbursed only in accordance with article five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred to "personal services" or other
designated items only as required.
"Employee benefits" shall mean social security matching, workers' compensation, unemployment
compensation, pension and retirement contributions, public employees insurance matching, personnel
fees or any other benefit normally paid by the employer as a direct cost of employment. Should the
appropriation be insufficient to cover such costs, the remainder of such cost shall be transferred by
each spending unit from its "personal services" line item or its "unclassified" line item to its
"employee benefits" line item. If there is no appropriation for "employee benefits," such costs shall be paid by each spending unit from its "personal services" line item, its "unclassified" line item or
other appropriate line item. Each spending unit is hereby authorized and required to make such
payments in accordance with the provisions of article two, chapter five-a of the code.
Each spending unit shall be responsible for all contributions, payments or other costs related to
coverage and claims of its employees for unemployment compensation. Such expenditures shall be
considered an employee benefit.
"Current expenses" shall mean operating costs other than personal services and shall not include
equipment, repairs and alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly for all postage meter service and
shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures
shall be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable and calculable period of
usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and repairs to structures and minor
improvements to property which do not increase the capital assets.
"Buildings" shall include new construction and major alteration of existing structures and the
improvement of lands and shall include shelter, support, storage, protection or the improvement of
a natural condition.
"Lands" shall mean the purchase of real property or interest in real property.
"Capital outlay" shall mean and include buildings, lands or buildings and lands, with such
category or item of appropriation to remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state government, upon approval of the
governor there may be transferred to a special account an amount sufficient to match federal funds under any federal act.
Appropriations classified in any of the above categories shall be expended only for the purposes
as defined above and only for the spending units herein designated: Provided, That the secretary of
each department shall have the authority to transfer within the department those general revenue
funds appropriated to the various agencies of the department: Provided, however, That no more than
five percent of the general revenue funds appropriated to any one agency or board may be transferred
to other agencies or boards within the department: Provided further, That the secretary of each
department and the director, commissioner, executive secretary, superintendent, chairman or any
other agency head not governed by a departmental secretary as established by chapter five-f of the
code shall have the authority to transfer funds appropriated to "personal services" and "employee
benefits" to other lines within the same account and no funds from other lines shall be transferred
to the "personal services" line: And provided further, That upon written request of the speaker of the
house of delegates, the auditor shall transfer within the general revenue fund amounts from the total
appropriations of the house of delegates to other agencies, boards or departments: And provided
further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions,
the secretary 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, except that the use of the appropriations from the state road fund
for the office of the secretary of the department of transportation is not a use other than the purpose
for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where the distribution of expenditures
for different purposes cannot well be determined in advance or it is necessary or desirable to permit
the spending unit the freedom to spend an appropriation for more than one of the above classifications.
Sec. 4. Method of expenditure.-Money appropriated by this bill, unless otherwise specifically
directed, shall be appropriated and expended according to the provisions of article three, chapter
twelve of the code or according to any law detailing a procedure specifically limiting that article.
Funds of the state of West Virginia not heretofore classified as to purpose and existing within the
funds of the treasury shall be determined by the governor and transferred to a special account for the
purpose of expenditure as part of the general fund of the state.
Sec. 5. Maximum expenditures.-No authority or requirement of law shall be interpreted as
requiring or permitting an expenditure in excess of the appropriations set out in this bill.