WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced House Bill 2024
By Delegates Hanshaw (Mr. Speaker) and Skaff)
[By Request of the Executive]
[Introduced January 11, 2023; referred to the Committee on Finance.]
 A BILL making appropriations of public money out of the Treasury in accordance with section 51,
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 for
2 the economical and efficient discharge of the duties and responsibilities of the state and its
3 agencies during the fiscal year 2024.
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 2024” shall mean the period from July 1, 2023, through June 30, 2024.
8 “General revenue fund” shall mean the general operating fund of the state and includes all
9 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 by
14 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 designated
17 “from collections,” the excess shall be set aside in a special surplus fund and may be expended for
18 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
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28 and Insurance Management. Each spending unit is hereby authorized and required to make such
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 a
40 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 the
52 Governor there may be transferred to a special account an amount sufficient to match federal
53 funds under any federal act.
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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
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 the
61 source funds are also wholly from a “personal services and employee benefits” line, or unless the
62 source funds are from another appropriation that has exclusively funded employment expenses
63 for at least twelve consecutive months prior to the time of transfer and the position(s) supported by
64 the transferred funds are also permanently transferred to the receiving agency or board within the
65 department: Provided further, That the secretary of each department and the director,
66 commissioner, executive secretary, superintendent, chairman or any other agency head not
67 governed by a departmental secretary as established by Chapter 5F of the Code shall have the
68 authority to transfer funds appropriated to “personal services and employee benefits,” “current
69 expenses,” “repairs and alterations,” “equipment,” “other assets,” “land,” and “buildings” to other
70 appropriations within the same account and no funds from other appropriations shall be
71 transferred to the “personal services and employee benefits” or the “unclassified” appropriation
72 except that during Fiscal Year 2024, and upon approval from the State Budget Office, agencies
73 with the appropriation “Salary and Benefits of Cabinet Secretary and Agency Heads” may transfer
74 between this appropriation and the appropriation “Personal Services and Employee Benefits” an
75 amount to cover annualized salaries and employee benefits for the fiscal year ending June 30,
76 2023, as provided by W.V. Code §6-7-2a: And provided further, That no authority exists hereunder
77 to transfer funds into appropriations to which no funds are legislatively appropriated: And provided
78 further, That if the Legislature consolidates, reorganizes or terminates agencies, boards or
79 functions, within any fiscal year the secretary or other appropriate agency head, or in the case of
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80 the termination of a spending unit of the state, the Director of the State Budget Office, in the
81 absence of general law providing otherwise, may transfer the funds formerly appropriated to such
82 agency, board or function, allocating items of appropriation as may be necessary if only part of the
83 item may be allocated, in order to implement such consolidation, reorganization or termination. No
84 funds may be transferred from a Special Revenue Account, dedicated account, capital
85 expenditure account or any other account or fund specifically exempted by the Legislature from
86 transfer, except that the use of the appropriations from the State Road Fund for the office of the
87 Secretary of the Department of Transportation is not a use other than the purpose for which such
88 funds were dedicated and is permitted.
89 Appropriations otherwise classified shall be expended only where the distribution of
90 expenditures for different purposes cannot well be determined in advance or it is necessary or
91 desirable to permit the spending unit the freedom to spend an appropriation for more than one of
92 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 2024.
LEGISLATIVE
1 - Senate Fund 0165 FY 2024 Org 2100
General Appro- Revenue priation Fund
7 Compensation of Members (R)................................................. 00300 $ 1,010,000
8 Compensation and Per Diem of Officers
9 and Employees (R)............................................................... 00500 4,011,332
10 Current Expenses and Contingent Fund (R)............................. 02100 321,392
11 Repairs and Alterations (R)....................................................... 06400 35,000
12 Technology Repair and Modernization (R)................................ 29800 80,000
13 Expenses of Members (R)......................................................... 39900 450,000
14 BRIM Premium (R).................................................................... 91300 44,482
15 Total...................................................................................... $ 5,952,206
16 The appropriations for the Senate for the fiscal year 2023 are to remain in full force and
17 effect and are hereby reappropriated to June 30, 2024. Any balances so reappropriated may be
18 transferred and credited to the fiscal year 2023 accounts.
19 Upon the written request of the Clerk of the Senate, the Auditor shall transfer amounts between
20 items of the total appropriation in order to protect or increase the efficiency of the service.
21 The Clerk of the Senate, with the approval of the President, is authorized to draw his or her
22 requisitions upon the Auditor, payable out of the Current Expenses and Contingent Fund of the
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23 Senate, for any bills for supplies and services that may have been incurred by the Senate and not
24 included in the appropriation bill, for supplies and services incurred in preparation for the opening,
25 the conduct of the business and after adjournment of any regular or extraordinary session, and for
26 the necessary operation of the Senate offices, the requisitions for which are to be accompanied by
27 bills to be filed with the Auditor.
28 The Clerk of the Senate, with the approval of the President, or the President of the Senate
29 shall have authority to employ such staff personnel during any session of the Legislature as shall
30 be needed in addition to staff personnel authorized by the Senate resolution adopted during any
31 such session. The Clerk of the Senate, with the approval of the President, or the President of the
32 Senate shall have authority to employ such staff personnel between sessions of the Legislature as
33 shall be needed, the compensation of all staff personnel during and between sessions of the
34 Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the
35 Senate. The Clerk is hereby authorized to draw his or her requisitions upon the Auditor for the
36 payment of all such staff personnel for such services, payable out of the appropriation for
37 Compensation and Per Diem of Officers and Employees or Current Expenses and Contingent
38 Fund of the Senate.
39 For duties imposed by law and by the Senate, the Clerk of the Senate shall be paid a
40 monthly salary as provided by the Senate resolution, unless increased between sessions under
41 the authority of the President, payable out of the appropriation for Compensation and Per Diem of
42 Officers and Employees or Current Expenses and Contingent Fund of the Senate.
43 Included in the above appropriation for Senate (fund 0165, appropriation 02100), an
44 amount not less than $5,000 is to be used for the West Virginia Academy of Family Physicians -
45 Doc of the Day Program.
2 - House of Delegates Fund 0170 FY 2024 Org 2200
1 Compensation of Members (R)................................................. 00300 $ 3,000,000
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2 Compensation and Per Diem of Officers
3 and Employees (R)............................................................... 00500 575,000
4 Current Expenses and Contingent Fund (R)............................. 02100 4,399,031
5 Expenses of Members (R)......................................................... 39900 1,350,000
6 Capital Outlay, Repairs and Equipment (R).............................. 58900 500,000
7 BRIM Premium (R).................................................................... 91300 80,000
8 Total...................................................................................... $ 9,904,031
9 The appropriations for the House of Delegates for the fiscal year 2023 are to remain in full
10 force and effect and are hereby reappropriated to June 30, 2024. Any balances so reappropriated
11 may be transferred and credited to the fiscal year 2023 accounts.
12 Upon the written request of the Clerk of the House of Delegates, the Auditor shall transfer
13 amounts between items of the total appropriation in order to protect or increase the efficiency of
14 the service.
15 The Clerk of the House of Delegates,