WEST virginia legislature
2022 regular session
Introduced
Senate Bill 487
By Senators Tarr, Clements, Roberts, and Hamilton
[Introduced January 26, 2022;
referred
to the Committee on Finance]
A BILL to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to combining the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility; limiting the amount of surplus deposited into the Revenue Shortfall Reserve Fund; and providing for an effective date.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible expenditures therefrom.
(a) Notwithstanding any provision of this section, the Governor may reduce appropriations according to any of the methods set forth in §11B-2-21 and §11B-2-22 of this code. The Governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legislature from the Revenue Shortfall Reserve Fund established in this section.
(b) The Revenue Shortfall Reserve Fund is continued within the State Treasury. The Revenue Shortfall Reserve Fund shall be funded continuously and on a revolving basis in accordance with this subsection up to an aggregate amount not to exceed 13 percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended. The Revenue Shortfall Reserve Fund shall be funded as set forth in this subsection from surplus revenues, if any, in the State Fund, General Revenue, as the surplus revenues may accrue from time to time.
Except as provided
otherwise in this subsection, effective July 1, 2022, within 60 days of the end of each fiscal year, the
secretary shall cause to be deposited into the Revenue Shortfall Reserve Fund
such amount of the first 50 percent of all surplus revenues, if any, determined
to have accrued during the fiscal year just ended, as may be necessary to bring
the balance of the Revenue Shortfall Reserve Fund to thirteen percent of the
total appropriations from the State Fund, General Revenue, for the fiscal year
just ended. If at the end of any fiscal year the Revenue Shortfall Reserve Fund
is funded at an amount equal to or exceeding thirteen percent of the state's
General Revenue Fund budget for the fiscal year just ended, then there shall be
no further deposit by the secretary under the provisions of this section of any
surplus revenues as set forth in this subsection until that time the Revenue
Shortfall Reserve Fund balance is less than thirteen percent of the total
appropriations from the State Fund, General Revenue when combined with
the Revenue Shortfall Reserve Fund – Part B as set forth in subsection (f)
of this section is equal to or is greater than 23 percent of
a rolling average of the preceding seven fiscal years general revenue
appropriations in the enrolled and enacted version of the State’s fiscal
year budget.
(c) Not earlier than November 1 of each calendar year, if the State's fiscal circumstances are such as to otherwise trigger the authority of the Governor to reduce appropriations under this section or §11B-2-21 and §11B-2-22 of this code, then in that event the Governor may notify the presiding officers of both houses of the Legislature in writing of his or her intention to convene the Legislature pursuant to section 19, article VI of the Constitution of West Virginia for the purpose of requesting the introduction of a supplementary appropriation bill or to request a supplementary appropriation bill at the next preceding regular session of the Legislature to draw money from the surplus Revenue Shortfall Reserve Fund to meet any anticipated revenue shortfall. If the Legislature fails to enact a supplementary appropriation from the Revenue Shortfall Reserve Fund during any special legislative session called for the purposes set forth in this section or during the next preceding regular session of the Legislature, then the Governor may proceed with a reduction of appropriations pursuant to §11B-2-21 and §11B-2-22 of this code. Should any amount drawn from the Revenue Shortfall Reserve Fund pursuant to an appropriation made by the Legislature prove insufficient to address any anticipated shortfall, then the Governor may also proceed with a reduction of appropriations pursuant to §11B-2-21 and §11B-2-22 of this code.
(d) Upon the creation of the fund, the Legislature is authorized and may make an appropriation from the Revenue Shortfall Reserve Fund for revenue shortfalls, for emergency revenue needs caused by acts of God or natural disasters or for other fiscal needs as determined solely by the Legislature.
(e) Prior to October 31 in
any fiscal year in which revenues are inadequate to make timely payments of the
state's obligations, the Governor may, by executive order, after first
notifying the presiding officers of both houses of the Legislature in writing,
borrow funds from the Revenue Shortfall Reserve Fund: Provided, That for
the fiscal year 2014, pursuant to this subsection and subject to all other
conditions, requirements and limitations set forth in this section, the
Governor may borrow funds from the Revenue Shortfall Reserve Fund prior to the
first day of April 1. The amount of funds borrowed under this
subsection shall may not exceed one and one-half percent of the
general revenue estimate for the fiscal year in which the funds are to be
borrowed, or the amount the Governor determines is necessary to make timely
payment of the state's obligations, whichever is less. Any funds borrowed
pursuant to this subsection shall be repaid, without interest, and redeposited
to the credit of the Revenue Shortfall Reserve Fund within 90 days of their
withdrawal.
(f) The Revenue Shortfall
Reserve Fund – Part B is continued within the State Treasury. The Revenue
Shortfall Reserve Fund – Part B shall consist of moneys transferred from the
West Virginia Tobacco Settlement Medical Trust Fund pursuant to the
provisions of §4-11A-2 of this code, repayments made of the loan from
the West Virginia Tobacco Settlement Medical Trust Fund to the Physician's
Mutual Insurance Company pursuant to the provisions of §33-20F-1 et
seq. of this code and all interest and other return earned on the moneys in
the Revenue Shortfall Reserve Fund – Part B. Moneys in the Revenue Shortfall
Reserve Fund – Part B may be expended solely for the purposes set forth in
subsection (d) of this section, subject to the following conditions:
(1) No moneys in the Revenue Shortfall Reserve Fund – Part B nor any interest or other return earned thereon may be expended for any purpose unless all moneys in the Revenue Shortfall Reserve Fund described in subsection (b) of this section have first been expended, except that the interest or other return earned on moneys in the Revenue Shortfall Reserve Fund – Part B may be expended as provided in subdivision (2) of this subsection;
(2) Notwithstanding any other provision of this section to the contrary, the Legislature may appropriate any interest and other return earned thereon that may accrue on the moneys in the Revenue Shortfall Reserve Fund – Part B after June 30, 2025, for expenditure for the purposes set forth in §4-11A-3 of this code; and
(3) Any appropriation made from Revenue Shortfall Reserve Fund – Part B shall be made only in instances of revenue shortfalls or fiscal emergencies of an extraordinary nature.
(g) Subject to the conditions upon expenditures from the Revenue Shortfall Reserve Fund – Part B prescribed in subsection (f) of this section, in appropriating moneys pursuant to the provisions of this section, the Legislature may in any fiscal year appropriate from the Revenue Shortfall Reserve Fund and the Revenue Shortfall Reserve Fund – Part B a total amount up to, but not exceeding, 10 percent of the total appropriations from the State Fund, General Revenue, for the fiscal year just ended.
(h) (1) Of the moneys in
the Revenue Shortfall Reserve Fund, $100 million, or such greater amount as may
be certified as necessary by the Director of the Budget Office for the purposes
of subsection (e) of this section, shall be made available to the West Virginia
Board of Treasury Investments for management and investment of the moneys in
accordance with the provisions of §12-6C-1 et seq. of this code.
All other moneys in the Revenue Shortfall Reserve Fund shall be made available
to the West Virginia Investment Management Board for management and investment
of the moneys in accordance with the provisions of §12-6-1 et seq.
of this code. Any balance of the Revenue Shortfall Reserve Fund, including
accrued interest and other return earned thereon at the end of any fiscal year,
does not revert to the General Fund but shall remain in the Revenue Shortfall
Reserve Fund for the purposes set forth in this section.
(2) All of the moneys in
the Revenue Shortfall Reserve Fund – Part B shall be made available to the West
Virginia Investment Management Board for management and investment of the
moneys in accordance with the provisions of §12-6-1 et
seq. of this code. Any balance of the Revenue Shortfall Reserve Fund – Part
B, including accrued interest and other return earned thereon at the end of any
fiscal year, shall not revert to the General Fund but shall remain in the
Revenue Shortfall Reserve Fund – Part B for the purposes set forth in this
section.
NOTE: The purpose of this bill is to combine the totals of the Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B when determining surplus deposit eligibility. It also limits the amount of surplus deposited into the Revenue Shortfall Reserve Fund.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.