COMMITTEE SUBSTITUTE
FOR
H. B. 2278
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
)
(Originating in the Committee on Finance)
[March 2, 1999]
A BILL to amend and reenact section nine, article nine, chapter
twenty-one-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to appropriating
federal funds made available to the state for unemployment
insurance and job service activities.
Be it enacted by the Legislature of West Virginia:
That section nine, article nine, chapter twenty-one-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 9. UNEMPLOYMENT COMPENSATION ADMINISTRATION FUND.
§21A-9-9. Reed Act appropriations.
(a) There is hereby appropriated out of funds made available
to this state under section 903 of the Social Security Act, as
amended, as codified in 42 U.S.C. §1103, the sum of four hundred
thirty-four thousand five hundred seventy-four dollars and
eighty-four cents, or so much thereof as may be necessary, to be
used, for the purpose of property improvements and/or automation
enhancements of the unemployment insurance or job service activities within the bureau of employment programs.
(b) No part of the money hereby appropriated may be
obligated after the ninth day of March, two thousand.
(c) The amount obligated pursuant to this section shall not
exceed at any time the amount by which: (1) The aggregate of the
amounts transferred to the account of this state pursuant to
section 903 of the Social Security Act, as codified in 42 U.S.C.
§1103; exceeds (2) the aggregate of the amounts obligated for
administration and paid out for benefits and required by law to
be charged against the amounts transferred to the account of this
state.
(d) This section is effective on and after the ninth day of
March, one thousand nine hundred ninety-eight.
(e) Notwithstanding any other provision of this section,
moneys credited to the state under section 903 of the Social
Security Act, as codified in 42 U.S.C. §1103, with respect to
federal fiscal years 1999, 2000 and 2001 are authorized to be
used only for the administration of the state's unemployment
compensation program.
(a) Pursuant to 42 U.S.C. 1103, Section 903 of the Social
Security Act, as amended, funds may become available to the
state. The provisions of 42 U.S.C. 1103, Section 903 of the
Social Security Act, as amended, impose certain requirements that
affect the state's use of the funds. It is the purpose of this
section to ensure that the state meets each requirement imposed
by the provisions of 42 U.S.C. 1103, Section 903 of the Social Security Act, as amended, to enable the state to expend the funds
for the purposes intended by federal law.
(b) The bureau of employment programs is designated as the
state agency authorized to receive funds made available pursuant
to 42 U.S.C. 1103, Section 903 of the Social Security Act, as
amended.
(c) Expenditure of any funds made available to the state
pursuant to 42 U.S.C. 1103, Section 903 of the Social Security
Act, as amended, shall be for the specific purposes and in the
amounts authorized under 42 U.S.C. 1103, Section 903 of the
Social Security Act, as amended, and are to be made only in
accordance with appropriation by the Legislature.
(d) The specific purpose and amount of an appropriation of
funds received under 42 U.S.C. 1103, Section 903 of the Social
Security Act, as amended, is, by operation of this section, the
specific purpose and amount stated in the act of the Legislature
appropriating the funds. Where the specific purpose or amount
stated in the act of this Legislature appropriating the funds is
not consistent with the provisions of 42 U.S.C. 1103, Section 903
of the Social Security Act, as amended, the provisions of 42
U.S.C. 1103, Section 903 of the Social Security Act, as amended,
shall control and the specific purpose or amount authorized by
those provisions are hereby incorporated into the appropriations
act and, by the operation of this section, shall be the specific
purpose or amount of the appropriation as if fully set forth in
the appropriations act.
(e) Any restriction, limitation or obligation imposed by 42
U.S.C. 1103, Section 903 of the Social Security Act, as amended,
upon the use of funds made available to the state or upon the
purposes for which they may be expended is hereby incorporated
and made a part of this subsection as if fully set forth herein,
and is
hereby incorporated into the act of the Legislature
appropriating the funds and, by the operation of this section,
the appropriations act shall impose each and every restriction,
limitation or obligation imposed by 42 U.S.C. 1103, Section 903
of the Social Security Act, as amended, upon the use of the funds
as if fully set forth in the appropriations act.
(f) Notwithstanding any other provision of this section to
the contrary, moneys credited to the state under section 903 of
the Social Security Act, as codified in 42 U.S.C. §1103, with
respect to federal fiscal years 1999, 2000 and 2001 are
authorized to be used only for the administration of the state's
unemployment compensation program.
(g) The effective date of the use of any funds made
available to the state under the provisions of 42 U.S.C. 1103,
Section 903 of the Social Security Act, as amended, and the
effective date of any restriction, limitation or obligation
imposed by
those provisions on the use of those funds, shall be
the effective date of the appropriations act of the Legislature
appropriating the funds, and the use of the funds shall not
extend beyond the conclusion of any time limitation imposed by 42
U.S.C. 1103, Section 903 of the Social Security Act, as amended,
for the expenditure of the funds.
(h) Notwithstanding any provision of article eleven, chapter
four of this code to the contrary, the governor may not authorize
the expenditure of funds received under 42 U.S.C. 1103, Section
903 of the Social Security Act, as amended, pursuant to the
provisions of section five, article eleven, chapter four of this
code unless otherwise permitted under federal law.
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