Assistant: LW

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HB ORG HFIN ABST Dl HOUSE COMMITTEE

ON FINANCE ABSTRACT

HOUSE BILL

(General

Revenue

Surplus)

Sponsors:

Attorney:

McO

Date:

February

Title:

OK

Fiscal

Note:

/ Assistant: xx, 2018

No

Code:

§11B-2-20

Purpose:

(amend)

Thebillwouldmodifythedispositionofsurplusesthataccrueatthe

end of each fiscal year by allocating Insurance disposition Public million, below again

from

Agency

Financial

of any surplus

Employees however,

be appropriated

Fund

Date:

the allocation

resume

to the Rainy

FY2018

until

If the balance

Financial Stability be suspended until will

Employees the

of the

Fund reaches $75 the balance drops until

that balance

is

Day A Fund is reduced

to 40%.

Employees

Insurance

by the Legislature

Regular

with

at the end of FY2027.

only

Agency

Financial

for the purposes

premiums, to help reduce benefit cuts, to help reduce combination thereof." WVC §11B-2-32. Effective

to the Public

beginning

time the allocation

period,

50% of any surplus The Public

Stability made

atwhich

this 10-year

Note:

20% of any surplus

Insurance Agency the allocation will

$75 million, achieved.

During

LW

Stability

Fund "shall

of lowering

premium

increases

retiree or any

HB ORG

GR SURPLUS

DI

WEST

VIRGINIA 2018

LEGISLATURE

REGULAR

SESSION

Originating

House

Bill

DRAFT

BY ENTER SPONSORS HERE

[Originating

in the Committee Reported

on February

on F::'-);.

i:,'

xx, 2018]

::';J;F"-;

HB ORG

1 2

to allocating

3

Employees

2. ST ATE

ARTICLE

and

Fund

according

3

The Governor

4

the Legislature

a reduction

may, in lieu of imposing

may reduce

appropriations of this article.

and twenty-two

by

an appropriation

request

in appropriations,

in this section.

Fund established

Reserve

Shortfall

from the Revenue

the Governor twenty-one

in sections

set forth

to any of the methods

2

of this section,

of surplus.

allocation

therefrom;

expenditures

Reserve

Shortfall

Revenue

of Governor;

powers

any provision

(a) Notwithstanding

1

Fund.

Virginja:

of appropriations;

permissible

Public

OFFICE.

BUDGET

Reduction

§11B-2-20.

of West

by the Legislature

Be it enacted

Stability

Financial

Agency

Insurance

year to the

after a fiscal

accruing

revenue

of any general

a portion

relating

as amended,

1931,

of the Code of West Virginia,

§1 1 B-2-20

and reenact

A BILL to amend

(b) 131 The Revenue ShortFall Reserve Fund is continued within the State Treasury. The

5

Shortfall

6

Revenue

7

accordance

8

total appropriations

9

Revenue

Reserve

Shortfall

from

Reserve

if any, in the State

10

revenues,

11

time to time.

as set forth

Revenue,

General

Fund,

for the fiscal

Revenue,

be funded

shall

Fund

General

Fund,

the State

thirteen

in this

as the surplus

subsection

revenues

of the

percent ended.

year just

in

basis

on a revolving

not to exceed

amount

up to an aggregate

with this subsection

and

continuously

be funded

shall

Fund

The

surplus

from

may accrue

from

121 Within sixty days of the end of each fiscal year, the secretary shall cause to be

12

into the Revenue

Shortfall

Fund

to have

accrued

deposited

14

surplus

15

be necessary

16

the total appropriations

from the State

17

at the end of any fiscal

year the Revenue

18

to or exceeding

19

just ended,

revenues,

if any, determined

to bring the balance

then

thirteen there

percent shall

such

Reserve

13

of the Revenue Fund,

of the state's

be no further

General

Shortfall

1

the fiscal Reserve

Revenue,

Reserve

General

deposit

during

Shortfall

of the first fifty

amount

year just

for the fiscal

under

or all

as may

percent

of

year just ended. at an amount

Fund budget

by the secretary

ended,

Fund to thirteen

Fund is funded

Revenue

percent

for the fiscal

the provisions

If

equa year of this

HB ORG

20

section of any surplus

21

ReserveFundbalanceislessthanthirteenpercentofthetotalappropriationsfromtheStateFund,

22

General

23

revenues

as set forth in this subsection

until that time the Revenue

Shortfall

Revenue. (3) Notwithstandinq

any other provision

of this subsection

to the contrary, within sixty days

24

of the end of the fiscal year endinq June 30, 2018, and within sixty days of the end of each fiscal

25

year thereafter

26

be deposited

27

§1 1 B-2-32 of this code such amount

28

determined

29

balance

30

the end of any fiscal

year the Public

31

funded

at an amount

equal to or exceedinq

32

therein

by the secretary

33

forth in this subdivision until that time the Public Employees Insurance Agenjinancial

34

Fund balance

35

Insurance

Aqency

36

deposited

into the Revenue

37

surplus

38

be necessary

39

the total appropriations from the State Fund, General Revenue, for the fisq.41year just ended. If

40

at the end of any fiscal year the Revenue

41

to or exceedinq

42

just ended,

43

sectionofanysurplusrevenuesassetforthinthissubsectionuntilthattimetheRevenueShortfall

44

Reserve Fund balance

to and including

the fiscal year ending June 30 2027, the secrehal0

into the Public Employees

to have accrued

of the Public

Employees

Financial

thirteen

Agency

Employees

$75 million. Stability

percent

percent

Financial

Stabilit.tablished

of all surplus

Insurance

Stability Aqency

of this subdivision

After

Reserve

any deposit

revenu.ps,

of the Revenue

then there shall be no further

is less than thirteen

if

Funmillion.

If at

Finan cialStabimy

Fund is

Shortfall

Reserve

General

deposit

is made to the Public the secretary

as set

Stability 5mployees

shall cause to be

of the next forty percent

Reserve

of all

as may

Fund to thirteen

percent

Fund is funded at an amqunt

Revenue

Fund budqqr

by the secretary

from the State

of

equal

the fiscal

under the provisions

percent of the total appropriations 2

deposit

durinq the fiscal yeaende.d,

Shortfall

any,

to. bring the

of any sur@yenpes

Fund such amount

to have accrued

of the state's

in

$75 million, then there shall be no further

Fund under this subdivision,

Shortfall

to brinq the balance

Financial

the fiscal year just ended as may be necessary

Insurance

if any, determined

Aqency

of the first twenty

under the provisions

is less than

revenues,

durinq

Insurance

cause to

year

of this

Furld,

HB ORG

45

General Revenue.

46

after the secretary

47

year ending June 30 2027

48

The provisions administers

of this subdivision the provisions

(c) Not earlier than November

shall terminate

of this subdivision

1 of each calendar

following

are such as to otherwise

50

section

51

notify the presiding

52

convene

53

Virginia for the purpose

54

requestasupplementaryappropriationbillatthenextprecedingregularsessionoftheLegislature

55

todrawmoneyfromthesurplusRevenueShortfallReserveFundtomeetanyanticipatedrevenue

56

shortfall.IftheLegislaturefailstoenactasupplementaryappropriationfromtheRevenueShortfall

57

ReserveFundduringanyspeciallegislativesessioncalledforthepurposessetforthinthissection

58

or during the next preceding

59

with a reduction

60

Should any amount drawn from the Revenue

61

made by the Legislature

62

may also proceed

63

two oF this article.

64

(d) Upon

twenty-one officers

the Legislature

66

revenue

67

solely by the Legislature.

article

of the Legislature,

Shortfall

to address

of appropriations

Shortfall

the

Reserve

pursuant

Legislature

Reserve

the Governor

Fund pursuant shortfall,

to sections

Fund for revenue

to

of West bill or to

may proceed of this article.

to an appropriation then the Governor

twenty-one

is authorized

and twenty-

and may

shortfalls,

make

an

for emergency

or for other fiscal needs as determined

may, by executive 3

appropriation

and twenty-two

any anticipated

may

of his or her intention

then the Governor

31 in any fiscal year in which revenues

of the state's obligations,

under this

Vl of the Constitution

twenty-one

by acts of God or natural disasters

(e) Prior to October

in writing

of a supplementary

to sections

of the fund,

from the Revenue

needs caused

payments

session

pursuant

with a reduction

nineteen,

the introduction

prove insufficient

appropriation

69

regular

creation

of the Legislature

to section

of requesting

65

68

pursuant

to reduce appropriations

of this article, then in that event the Governor

of both houses

of appropriations

the

of the Governor

or twenty-two

the end of the fiscal

year, if the state's fiscal circumstances

49

or section

trigger the authority

and be of no force and effect

are inadequate

to make timely

order, after first notifying the

HB ORG

70

presiding

officers

of both houses

of the Legislature

71

Shortfall

Reserve

Fund: Provided,

That for the fiscal year 2014, pursuant

72

subject to all other conditions,

73

may borrow funds from the Revenue

74

amount of funds borrowed

75

general revenue

76

the

77

whichever

78

interest,

79

of their withdrawal.

Governor

80

estimate

Shortfall

is necessary

and redeposited

borrowed

Shortfall

pursuant

to this subsection

Virginia Tobacco

Settlement

83

eleven-a,

four of this code, repayments

84

Settlement

Medical

85

provisions

of article

86

earned on the moneys

87

Shortfall

88

(d) of this section,

Trust

chapter

in the Revenue

thirty-three Shortfall

in the Revenue

earned

may be expended

9'l

Shortfall

92

except that the interest

Reserve

Fund described

(2) Notwithstanding

obligations

be repaid,

without

Fund within ninety days

within the State Treasury.

of moneys transferred to the provisions

from the West

of section two, article

Company

of this code and all interest

Tobacco

pursuant

to the

and other

return

Fund - Part B. Moneys

solely for the purposes

Reserve

in the Revenue

set forth in subsection

Fund - Part B nor any interest

for any purpose

in subsection

as provided

shall

of the

or the amount

of the state's

Reserve

Mcitual Insurance

Reserve

Shortfall

or other return earned

Part B may be expended

percent

conditions:

(1) No moneys thereon

the Governor

made of the loan from the West Virginia

Fund to the Physician's

subject to the following

return

94

Fund - Part B shall consist

Fund - Part B may be expended

90

Shortfall

Medical Trust Fund pursuant

twenty-f,

payment

Fund - Part B is continued

82

93

Reserve

Reserve

and

Fund prior to the first day of April. The

timely

The Revenue

89

set Forth in this section,

to make

81

Reserve

to this subsection

shall not exceed one and one-half

to the credit of the Revenue

(f) The Revenue

chapter

Reserve

borrow funds from the Revenue

for the fiscal year in which the funds are to be borrowed,

Any funds

Shortfall

and limitations

under this subsection

determines

is less.

requirements

in writing,

(b) of this section

on moneys

in subdivision

any other provision

unless

all moneys

in the Revenue

have first been expended,

in the Revenue

Shortfall

Reserve

Fund

(2) of this subsection

of this section to the contrary, 4

or other

the Legislature

may

HB ORG

95

appropriate

96

Revenue

97

set forth in section

only in instances

100 101

Shortfall

and other return earned thereon

Reserve

(g)

three, article eleven-a,

shortfalls

Reserve

or fiscal emergencies

of an extraordinary

in subsection

(f) of this section,

in appropriating

of this section,

103

Shortfall

104

but not exceeding,

105

for the fiscal year just ended.

Fund and the Revenue

(h) (1 ) Of the moneys

Shortfall

Reserve

of the total appropriations

in the Revenue

Shortfall moneys

as necessary

Shortfall

subsection

109

Investments

110

article six-c, chapter

111

shallbemadeavailabletotheWestVirginialnvestmentManagementBoardformanagementand

112

investment

113

code. Any balance

114

return earned thereon

115

remain in the Revenue

117

available

118

the moneys

119

balance

and investment

in accordance

to the West

of the moneys

Reserve

to the West Virginia in accordance

or the Revenue

Reserve

of article

Fund, including

Fund for the purposes

in the Revenue Investment

Shortfall

Management

with the provisions Shortfall

Reserve

Revenue,

Board of Treasury

Shortfall

six, chapter accrued

Reserve

of

of

Reserve Fund

twelve of this

interest

and other

Fund but shall

set forth in this section. Fund - Part B shall be made

Board for management

of article six, chapter

Fund - Part B, including 5

up to,

with the provisions

in accordance

in the Revenue

with the provisions

Shortfall

Virginia

at the end of any fiscal year, does not revert to the General Shortfall

to the

of the Budget Office for the purposes

twelve of this code. All other moneys

(2) All of the moneys

116

by the Director

shall be made available

of the Revenue

Fund

Reserve Fund, $100 million, or such greater

108

of the moneys

pursuant

from the State Fund, General

amount as may be certified

for management

Reserve

Fund - Part B a total amount

107

(e) of this section,

nature.

may in any fiscal year appropriate from the Revenue

the Legislature

ten percent

for the purposes

Fund - Part B shall be made

from the Revenue

provisions

106

Shortfall

upon expenditures

102

in the

four of this code; and

to the conditions

Part B prescribed

Reserve

chapter

made from Revenue

of revenue

Subject

that may accrue on the moneys

Fund - Part B after June 30, 2025, for expenditure

(3) Any appropriation

98 99

any interest

twelve accrued

and investment

of

of this code. Any interest

and other

HB ORG

'l 20

return earned thereon at the end of any fiscal year, shall not revert to the General Fund but shall

121

remain in the Revenue Shortfall Reserve Fund - Part B for the purposes set forth in this

section.