WEST virginia legislature
2019 regular session
Senate Bill 323
Senators Baldwin, Beach, Maynard, Romano, Rucker, Smith, Sypolt, Plymale, Cline, Roberts, Hamilton, and Stollings, original sponsors
[Originating in the Committee on Government Organization; Reported on January 30, 2019]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e; and to amend and reenact §19-12A-6a of said code, all relating to establishing and funding a special revenue fund to be known as the Department of Agriculture Capital Improvements Fund; creating the fund; providing for administration by Department of Agriculture; identifying sources of moneys for said fund; identifying expenditures that may be made from said fund; providing for funds to remain at end of each fiscal year; eliminating certain deposits in the General Revenue Fund; permitting deposits into certain funds; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
Article 1. department of agriculture.
§19-1-4e. Department of Agriculture Capital Improvements Fund.
There is hereby created in the State Treasury a special revenue account to be known as the Department of Agriculture Capital Improvements Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys transferred into the fund pursuant to §19-12A-6a of this code, any moneys that may be appropriated and designated for the fund by the Legislature, and all interest or other return earned from investment of the fund.
Expenditures from the fund shall be for the purpose of funding construction and capital improvements to facilities owned or occupied by the Department of Agriculture and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund and be expended as provided by this section.
article 12a. land division.
§19-12A-6a. Special revenue account.
All funds collected by the
department pursuant to this article, whether from the sale of food, the
disposition of assets other than land, the lease of land or minerals or any
other source, shall be paid into a special revenue account to be used for the
purposes of this article: Provided, That when the aggregate remaining balance at the end of
any fiscal year of said the funds so collected and deposited
in the special revenue account in any fiscal year total $2,000,000, the
commission shall deposit half of any excess funds collected into the special
revenue account, and half into the General Revenue Fund of the state exceeds
$1 million, the department may transfer the excess funds to the Department of
Agriculture Capital Improvements Fund established in §19-1-4e of this code.
NOTE: The purpose of this bill is to establish a new special revenue fund and a funding source to support the Department of Agriculture’s efforts to make capital improvements to its facilities.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.