WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for House Bill 4025
BY DELEGATES HANSHAW (MR. SPEAKER)
AND HORNBUCKLE
(BY REQUEST OF THE EXECUTIVE)
[Originating in the Committee on Finance; February
29, 2024]
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1 A BILL making appropriations of public money out of the Treasury in accordance with section 51,
2 article VI of the Constitution.
Be it enacted by the Legislature of West Virginia:
TITLE I – GENERAL PROVISIONS.
1 Section 1. General policy. – The purpose of this bill is to appropriate money necessary
2 for the economical and efficient discharge of the duties and responsibilities of the state and its
3 agencies during the fiscal year 2025.
1 Sec. 2. Definitions. — For the purpose of this bill:
2 “Governor” shall mean the Governor of the State of West Virginia.
3 “Code” shall mean the Code of West Virginia, one thousand nine hundred thirty-one, as
4 amended.
5 “Spending unit” shall mean the department, bureau, division, office, board, commission,
6 agency, or institution to which an appropriation is made.
7 The “fiscal year 2025” shall mean the period from July 1, 2024, through June 30, 2025.
8 “General revenue fund” shall mean the general operating fund of the state and includes
9 all moneys received or collected by the state except as provided in W.V. Code §12-2-2 or as
10 otherwise provided.
11 “Special revenue funds” shall mean specific revenue sources which by legislative
12 enactments are not required to be accounted for as general revenue, including federal funds.
13 “From collections” shall mean that part of the total appropriation which must be collected
14 by the spending unit to be available for expenditure. If the authorized amount of collections is not
15 collected, the total appropriation for the spending unit shall be reduced automatically by the
16 amount of the deficiency in the collections. If the amount collected exceeds the amount
17 designated “from collections,” the excess shall be set aside in a special surplus fund and may be
18 expended for the purpose of the spending unit as provided by Article 2, Chapter 11B of the Code.
1 Sec. 3. Classification of appropriations. — An appropriation for:
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2 “Personal services” shall mean salaries, wages and other compensation paid to full-time,
3 part-time and temporary employees of the spending unit but shall not include fees or contractual
4 payments paid to consultants or to independent contractors engaged by the spending unit.
5 “Personal services” shall include “annual increment” for “eligible employees” and shall be
6 disbursed only in accordance with Article 5, Chapter 5 of the Code.
7 Unless otherwise specified, appropriations for “personal services” shall include salaries of
8 heads of spending units.
9 “Employee benefits” shall mean social security matching, workers’ compensation,
10 unemployment compensation, pension and retirement contributions, public employees insurance
11 matching, personnel fees or any other benefit normally paid by the employer as a direct cost of
12 employment. Should the appropriation be insufficient to cover such costs, the remainder of such
13 cost shall be paid by each spending unit from its “unclassified” appropriation, or its “current
14 expenses” appropriation or other appropriate appropriation. Each spending unit is hereby
15 authorized and required to make such payments in accordance with the provisions of Article 2,
16 Chapter 11B of the Code.
17 Each spending unit shall be responsible for all contributions, payments or other costs
18 related to coverage and claims of its employees for unemployment compensation and workers
19 compensation. Such expenditures shall be considered an employee benefit.
20 “BRIM Premiums” shall mean the amount charged as consideration for insurance
21 protection and includes the present value of projected losses and administrative expenses.
22 Premiums are assessed for coverages, as defined in the applicable policies, for claims arising
23 from, inter alia, general liability, wrongful acts, property, professional liability, and automobile
24 exposures.
25 Should the appropriation for “BRIM Premium” be insufficient to cover such cost, the
26 remainder of such costs shall be paid by each spending unit from its “unclassified” appropriation,
27 its “current expenses” appropriation or any other appropriate appropriation to the Board of Risk
28 and Insurance Management. Each spending unit is hereby authorized and required to make such
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29 payments. If there is no appropriation for “BRIM Premium” such costs shall be paid by each
30 spending unit from its “current expenses” appropriation, “unclassified” appropriation or other
31 appropriate appropriation.
32 West Virginia Council for Community and Technical College Education and Higher
33 Education Policy Commission entities operating with special revenue funds and/or federal funds
34 shall pay their proportionate share of the Board of Risk and Insurance Management total
35 insurance premium cost for their respective institutions.
36 “Current expenses” shall mean operating costs other than personal services and shall not
37 include equipment, repairs and alterations, buildings, or lands. Each spending unit shall be
38 responsible for and charged monthly for all postage meter service and shall reimburse the
39 appropriate revolving fund monthly for all such amounts. Such expenditures shall be considered
40 a current expense.
41 “Equipment” shall mean equipment items which have an appreciable and calculable period
42 of usefulness in excess of one year.
43 “Repairs and alterations” shall mean routine maintenance and repairs to structures and
44 minor improvements to property which do not increase the capital assets.
45 “Buildings” shall include new construction and major alteration of existing structures and
46 the improvement of lands and shall include shelter, support, storage, protection, or the
47 improvement of a natural condition.
48 “Lands” shall mean the purchase of real property or interest in real property.
49 “Capital outlay” shall mean and include buildings, lands or buildings and lands, with such
50 category or item of appropriation to remain in effect as provided by W.V. Code §12-3-12.
51 From appropriations made to the spending units of state government, upon approval of
52 the Governor there may be transferred to a special account an amount sufficient to match federal
53 funds under any federal act.
54 Appropriations classified in any of the above categories shall be expended only for the
55 purposes as defined above and only for the spending units herein designated: Provided, That the
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56 secretary of each department shall have the authority to transfer within the department those
57 general revenue funds appropriated to the various agencies of the department: Provided,
58 however, That no more than five percent of the general revenue funds appropriated to any one
59 agency or board may be transferred to other agencies or boards within the department: and no
60 funds may be transferred to a “Personal Services and Employee Benefits” appropriation unless
61 the source funds are also wholly from a “Personal Services and Employee Benefits” line, or unless
62 the source funds are from another appropriation that has exclusively funded employment
63 expenses for at least twelve consecutive months prior to the time of transfer and the position(s)
64 supported by the transferred funds are also permanently transferred to the receiving agency or
65 board within the department: Provided further, Notwithstanding any previous provision no more
66 than twenty-five percent of the general revenue funds appropriated to the following funds 0401,
67 0402, 0408, 0409, 0410, 0411, 0412, 0413, 0414 and 0415 within the Department of Health
68 Facilities may be transferred between the aforementioned funds: and no funds may be
69 transferred to a “Personal Services and Employee Benefits” appropriation unless the source funds
70 are also wholly from a “Personal Services and Employee Benefits” line, or unless the source funds
71 are from another appropriation that has exclusively funded employment expenses for at least
72 twelve consecutive months prior to the time of transfer and the position(s) supported by the
73 transferred funds are also permanently transferred to the receiving agency or board within the
74 department: Provided further, That the secretary of each department and the director,
75 commissioner, executive secretary, superintendent, chairman or any other agency head not
76 governed by a departmental secretary as established by Chapter 5F of the Code shall have the
77 authority to transfer funds appropriated to “Personal Services and Employee Benefits,” “Current
78 Expenses,” “Repairs and Alterations,” “Equipment,” “Other Assets,” “Land,” “Buildings,” “Contract
79 Nursing” and “Unclassified: to other appropriations within the same account and no funds from
80 other appropriations shall be transferred to the “Personal Services and Employee Benefits” or the
81 “Unclassified” appropriation except that during Fiscal Year 2025, and upon approval from the
82 State Budget Office, agencies with the appropriation “Salary and Benefits of Cabinet Secretary
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83 and Agency Heads” and “Salary and Benefits of Elected Officials” may transfer between this
84 appropriation and the appropriation “Personal Services and Employee Benefits” an amount to
85 cover annualized salaries and employee benefits for the fiscal year ending June 30, 2025, as
86 provided by W.V. Code §6-7-2a: And provided further, That no authority exists hereunder to
87 transfer funds into appropriations to which no funds are legislatively appropriated: And provided
88 further, That if the Legislature consolidates, reorganizes or terminates agencies, boards or
89 functions, within any fiscal year the secretary or other appropriate agency head, or in the case of
90 the termination of a spending unit of the state, the Director of the State Budget Office, in the
91 absence of general law providing otherwise, may transfer the funds formerly appropriated to such
92 agency, board or function, allocating items of appropriation as may be necessary if only part of
93 the item may be allocated, in order to implement such consolidation, reorganization or termination.
94 No funds may be transferred from a Special Revenue Account, dedicated account, capital
95 expenditure account or any other account or fund specifically exempted by the Legislature from
96 transfer, except that the use of the appropriations from the State Road Fund for the office of the
97 Secretary of the Department of Transportation is not a use other than the purpose for which such
98 funds were dedicated and is permitted.
99 Appropriations otherwise classified shall be expended only where the distribution of
100 expenditures for different purposes cannot well be determined in advance or it is necessary or
101 desirable to permit the spending unit the freedom to spend an appropriation for more than one of
102 the above classifications.
1 Sec. 4. Method of expenditure. — Money appropriated by this bill, unless otherwise
2 specifically directed, shall be appropriated, and expended according to the provisions of Article 3,
3 Chapter 12 of the Code or according to any law detailing a procedure specifically limiting that
4 article.
1 Sec. 5. Maximum expenditures. — No authority or requirement of law shall be
2 interpreted as requiring or permitting an expenditure in excess of the appropriations set out in this
3 bill.
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TITLE II – APPROPRIATIONS.
ORDER OF SECTIONS
SECTION 1. Appropriations from general revenue.
SECTION 2. Appropriations from state road fund.
SECTION 3. Appropriations from other funds.
SECTION 4. Appropriations from lottery net profits.
SECTION 5. Appropriations from state excess lottery revenue.
SECTION 6. Appropriations of federal funds.
SECTION 7. Appropriations from federal block grants.
SECTION 8. Awards for claims against the state.
SECTION 9. Appropriations from general revenue fund surplus accrued.
SECTION 10. Appropriations from lottery net profits surplus accrued.
SECTION 11. Appropriations from state excess lottery revenue surplus accrued.
SECTION 12. Special revenue appropriations.
SECTION 13. State improvement fund appropriations.
SECTION 14. Specific funds and collection accounts.
SECTION 15. Appropriations for refunding erroneous payment.
SECTION 16. Sinking fund deficiencies.
SECTION 17. Appropriations for local governments.
SECTION 18. Total appropriations.
SECTION 19. General school fund.
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1 Section 1. Appropriations from general revenue. – From the State Fund, General
2 Revenue, there are hereby appropriated conditionally upon the fulfillment of the provisions set
3 forth in Article 2, Chapter 11B the following amounts, as itemized, for expenditure during the fiscal
4 year 2025.
LEGISLATIVE
1 - Senate Fund 0165 FY 2025 Org 2100
General Appro- Revenue priation Fund
1 Compensation of Members (R) ............................................... 00300 $ 1,010,000
2 Compensation and Per Diem of Officers
3 and Employees (R)............................................................. 00500 4,111,332
4 Current Expenses and Contingent Fund (R) ........................... 02100 321,392
5 Repairs and Alterations (R) ..................................................... 06400 35,000
6 Technology Repair and Modernization (R) .............................. 29800 80,000
7 Expenses of Members (R) ...................................................... 39900 550,000
8 BRIM Premium (R) .................................................................. 91300 44,482
9 Total ................................................................................... $ 6,152,206
10 The appropriations for the Senate for the fiscal year 2024 are to remain in full force and
11 effect and are hereby reappropriated to June 30, 2025. Any balances so reappropriated may be
12 transferred and credited to the fiscal year 2024 accounts.
13 Upon the written request of the Clerk of the Senate, the Auditor shall transfer amounts between
14 items of the total appropriation in order to protect or increase the efficiency of the service.
15 The Clerk of the Senate, with the approval of the President, is authorized to draw his or
16 her requisitions upon the Auditor, payable out of the Current Expenses and Contingent Fund of
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17 the Senate, for any bills for supplies and services that may have been incurred by the Senate and
18 not included in the appropriation bill, for supplies and services incurred in preparation for the
19 opening, the conduct of the business and after adjournment of any regular or extraordinary
20 session, and for the necessary operation of the Senate offices, the requisitions for which are to
21 be accompanied by bills to be filed with the Auditor.
22 The Clerk of the Senate, with the approval of the President, or the President of the Senate
23 shall have authority to employ such staff personnel during any session of the Legislature as shall
24 be needed in addition to staff personnel authorized by the Senate resolution adopted during any
25 such session. The Clerk of the Senate, with the approval of the President, or the President of the
26 Senate shall have authority to employ such staff personnel between sessions of the Legislature
27 as shall be needed, the compensation of all staff personnel during and between sessions of the
28 Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the
29 Senate. The Clerk is hereby authorized to draw his or her requisitions upon the Auditor for the
30 payment of all such staff personnel for such services, payable out of the appropriation for
31 Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent
32 Fund of the Senate.
33 For duties imposed by law and by the Senate, the Clerk of the Senate shall be paid a
34 monthly salary as provided by the Senate resolution, unless increased between sessions under
35 the authority of the President, payable out of the appropriation for Compensation and Per Diem
36 of Officers and Employees or Current Expenses and Contingent Fund of the Senate.
37 Included in the above appropriation for Senate (fund 0165, appropriation 02100), an
38 amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians -
39 Doc of the Day Program.
2 - House of Delegates Fund 0170 FY 2025 Org 2200
1 Compensation of Members (R) ............................................... 00300 $ 3,500,000
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2 Compensation and Per Diem of Officers
3 and Employees (R).....................................