West Virginia 2021 Regular Session Status: Enacted 5 R cosponsors

HB 2014 — Relating to role of the Legislature in appropriating federal funds

Last action — Chapter 225, Acts, Regular Session, 2021

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

255 added · 385 removed

Plain-language change summary

The latest amendment to HB 2014 clarifies definitions related to federal funding and state contributions. Specifically, it now includes clear terms for "federal funds," "federal-matching funds," and "state-matching funds," outlining what financial assistance involves and the responsibilities of state agencies. This matters because a clearer understanding of these terms can help ensure transparency and accountability in how state and federal funds are managed and allocated, especially during public emergencies.

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HB 2014 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
HB2014 S FIN AM #1 Bonasso  7913   The Committee on Finance moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 2014 History OTHER VERSIONS  —  Committee Substitute  |  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 2014 By Delegates Kimes, Fast, Pritt, Ferrell, Bridges, Hanna, Mandt, Toney, Reynolds, Statler and Storch [Passed March 31, 2021;
in effect from passage.]   AN ACT to amend and reenact §4-11-1, §4-11-2, §4-11-3, §4-11-4, §4-11-5, §4-11-6, and §4-11-7 of the Code of West Virginia, 1931, as amended;
to amend and reenact §5-1A-1 of said code;
to amend and reenact §11B-1-1 and §11B-1-4 of said code;
to amend and reenact §11B-2-11, §11B-2-21, and §11B-2-23 of said code;
to amend and reenact §12-2-2 of said code;
to amend and reenact §12-3-12 and §12-3-17 of said code;
and to amend and reenact §12-4-2 and §12-4-3 of said code, all relating to disposition of moneys received by the state generally;
specifying the role of the Legislature in appropriating federal funds;
updating references to types of federal funds;
providing for appropriation of federal funds in accordance with the state constitution;
updating and clarifying statutory cross-references;
limiting gubernatorial authority to spend federal funds without appropriation of the Legislature;
continuing and limiting spending of certain emergency funds for certain emergencies without additional enactment;
requiring reports to the Legislature on proposed and actual spending of those funds;
removing certain emergency federal fund exclusion language from the provisions governing appropriations of federal funds;
establishing controlling provisions in case of conflict of law;
clarifying statutes applicable to preparation of state budget;
clarifying meaning of certain terms;
conditioning the Secretary of Revenue’s receipt and expenditure of federal funds;
providing copy of certain reports to the Legislature;
enlarging matters to be reported to the Legislature regarding revenue estimates, collections and appropriations;
requiring any budget reductions be made before end of fiscal year;
enlarging matters to be reported in the annual Consolidated Federal Funds report;
authorizing funds to be reappropriated from one fiscal year to the next, and providing circumstances under which those funds expire to the general revenue fund instead of being reappropriated;
modifying certain terms;
and updating references to public officers.
Be it enacted by the Legislature of West Virginia:
“Federal funds” means any financial assistance made to a spending unit by the United States government, whether a loan, grant, block grant, subsidy, augmentation, reimbursement or any other form of such assistance, including “federal-matching funds”;
(1) “Federal funds” means any financial assistance made to a spending unit by the United States government, whether a loan, grant, block grant, subsidy, augmentation, reimbursement or any other form of such assistance, including “federal-matching funds”;
“Federal-matching funds” means federal funds of a specified amount or proportion for which a specified outlay of state contributions, including funds, property or services, are required as a condition for receipt or expenditure;
(2) “Federal-matching funds” means federal funds of a specified amount or proportion for which a specified outlay of state contributions, including funds, property or services, are required as a condition for receipt or expenditure;
“Spending unit” means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature.
(3) “Spending unit” means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature.
and “State-matching funds” means state contributions, including funds, property or services that are required by the federal government, by law or regulation, as a condition for receipt or expenditure of federal funds.
and (4) “State-matching funds” means state contributions, including funds, property or services that are required by the federal government, by law or regulation, as a condition for receipt or expenditure of federal funds.
Unless contrary to federal law, all federal funds received by a spending unit shall be deposited in and credited to special fund accounts as provided by §12-2-2 of this code and shall be available for appropriation by the Legislature as part of the state budget in accordance with Article X of the Constitution of this state.
Unless contrary to federal law, all federal funds received by a spending unit shall be deposited in and credited to special fund accounts as provided by section two, article two, chapter twelve §12-2-2 of this code and shall be available for appropriation by the Legislature as part of the state budget in accordance with Article X of the Constitution of this state.
Pursuant to article §5-1A-1 et seq., and §11B-2-1 et seq.
Pursuant to article one-a, chapter five §5-1A-1 et seq., and chapter five-a §11B-2-1 et seq.
Provided, That all federal block grant funds shall be so itemized in a separate section of the state budget and the budget bill devoted exclusively to proposed appropriations from the block grant funds.
Provided, That all federal revenue sharing block grant funds shall be so itemized in a separate section of the state budget and the budget bill devoted exclusively to proposed appropriations from the revenue sharing trust fund block grant funds.
(d) If federal funds become available to the spending unit for expenditure while the Legislature is not in session and the availability of such funds could not reasonably have been anticipated and included in the budget approved by the Legislature for the next fiscal year, the treasurer may accept such funds on behalf of the spending unit and the Governor may authorize, in writing, the expenditure of such funds by the spending unit during that fiscal year as authorized by federal law and pursuant to the provisions of §11B-2-1 et seq.
(d) If federal funds become available to the spending unit for expenditure while the Legislature is not in session and the availability of such funds could not reasonably have been anticipated and included in the budget approved by the Legislature for the next fiscal year, the treasurer may accept such funds on behalf of the spending unit and the Governor may authorize, in writing, the expenditure of such funds by the spending unit during that fiscal year as authorized by federal law and pursuant to the provisions of article two, chapter five-a of the code §11B-2-1 et seq.
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of this code and upon the filing of a proper expenditure schedule:
of this code and, which permits expenditure of amounts in excess of the appropriation upon the filing of a proper expenditure schedule:
For purposes of this article, a mere new source of funding of federal moneys for a program which has been prior approved by legislative appropriation is not a “new program” or a “significant alteration of an existing program” and the Governor may authorize the expenditure of such funds as herein provided, subject to the limitations under subsection (e) of this section.
For purposes of this article, a mere new source of funding of federal moneys for a program which has been prior approved by legislative appropriation will not be deemed to be is not a “new program” or a “significant alteration of an existing program” and the Governor may authorize the expenditure of such funds as herein provided, subject to the limitations under subsection (e) of this section.
Should a question arise concerning whether such expenditures would constitute a new program or significant alteration of an existing program, while the Legislature is not in session, the Governor shall seek the recommendation of the council of finance and administration, as created and existing pursuant to the provisions of §5A-1-4 of this code.
Should a question arise concerning whether such expenditures would constitute a new program or significant alteration of an existing program, while the Legislature is not in session, the Governor shall seek the recommendation of the council of finance and administration, as created and existing pursuant to the provisions of section three, article one, chapter five-a of the code §5A-1-4 of this code.
and  (3) All federal funds received by the West Virginia department of highways or the West Virginia commissioner of highways.
(3) Federal funds made available to the state for costs and damages resulting from natural disasters, civil disobedience or other occurrences declared by the Governor as a state of emergency;
and (4)(3) All federal funds received by the West Virginia department of highways or the West Virginia commissioner of highways.
Therefore, it is the purpose of this article to implement the aforementioned provisions of the Constitution, to enable the Legislature to carry out its Constitutional responsibility by prescribing the form and detail of the itemization and classification of the proposed appropriations of the budget bill submitted to the Legislature by the Governor, and in conjunction with certain sections of §5-1A-1 et seq.
Therefore, it is the purpose of this article to implement the aforementioned provisions of the Constitution, to enable the Legislature to carry out its Constitutional responsibility by prescribing the form and detail of the itemization and classification of the proposed appropriations of the budget bill submitted to the Legislature by the Governor, and in conjunction with the provisions of this act amending certain sections of articles one and two, chapter five-a, §5-1A-1 et seq.
of this code and §12-4-3 of this code, to ensure that the Legislature will be furnished the information needed to discharge such responsibility.
of this code and section three, article four, chapter twelve §12-4-3 of this code, to ensure that the Legislature will be furnished the information needed to discharge such responsibility.
Department of Revenue;
Department of tax and revenue renamed Department of Revenue;
Office of Secretary of Revenue;
office of secretary of tax and revenue renamed Office of Secretary of Revenue;
(a) The Department of Revenue and the office of secretary of revenue are continued in the executive branch of state government.
(a) The Department of Tax and Revenue and the office of secretary of tax and revenue are hereby renamed, respectively, the The Department of Revenue and the office of secretary of revenue and are continued in the executive branch of state government.
Wherever in this code the words “office of secretary of tax and revenue” or “secretary of tax and revenue” are used, such words shall mean the office of secretary of revenue or the secretary of revenue.
Wherever in this code the words “office of secretary of tax and revenue” or “secretary of tax and revenue” are used, such words shall now mean the office of secretary of revenue or the secretary of revenue.
The annual compensation of the secretary shall be as specified in §6-7-2a of this code.
The annual compensation of the secretary shall be as specified in section two-a, article seven, chapter six §6-7-2a of this code.
consolidated report of federal funds;
and consolidated report of federal funds;
Provided, That it is not necessary to include in the report an itemization of federal block grants, or federal funds received for the benefit of the Division of Highways of the Department of Transportation.
Provided, That it is not necessary to include in the report an itemization of federal revenue sharing funds deposited in and appropriated from the revenue sharing trust fund block grants, or federal funds received for the benefit of the Division of Highways of the Department of Transportation.
The State Treasurer shall propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq.
The State Treasurer shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq.
(b) All moneys received by the state from appropriations made by the Congress of the United States shall be recorded in special fund accounts, in the State Treasury apart from the general revenues of the state, and shall be expended only upon appropriation of the Legislature in accordance with the provisions of §4-11-1 et seq.
(b) All moneys received by the state from appropriations made by the Congress of the United States shall be recorded in special fund accounts, in the State Treasury apart from the general revenues of the state, and shall be expended only upon appropriation of the Legislature in accordance with the provisions of article eleven, chapter four §4-11-1 et seq.
All moneys, other than federal funds, defined in §4-11-2 of this code, shall be credited to the state fund and treated by the State Auditor and State Treasurer as part of the general revenue of the state except the following funds which shall be recorded in separate accounts:
All moneys, other than federal funds, defined in section two, article eleven, chapter four §4-11-2 of this code, shall be credited to the state fund and treated by the State Auditor and State Treasurer as part of the general revenue of the state except the following funds which shall be recorded in separate accounts:
(1) All funds excluded by the provisions of §4-11-6 of this code;
(1) All funds excluded by the provisions of section six, article eleven, chapter four §4-11-6 of this code;
To implement this authority, the State Treasurer shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
To implement this authority, the State Treasurer shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq.
(a) Except as provided in subsection (b) of this section, every appropriation that is payable out of the general revenue, or so much thereof as may remain undrawn at the end of the year for which made, shall be deemed to have expired at the end of the year for which it is made, and no warrant shall thereafter be issued upon it:
(a) Every Except as provided in subsection (b) of this section, every appropriation which that is payable out of the general revenue, or so much thereof as may remain undrawn at the end of the year for which made, shall be deemed to have expired at the end of the year for which it is made, and no warrant shall thereafter be issued upon it:
Provided, however, That if such 31st day of July is on Saturday, then warrants may only be drawn through the Friday immediately preceding such Saturday, but if such 31st day of July is on Sunday, the warrants may be drawn through the Monday immediately following such Sunday.
but appropriations for buildings and land or capital outlay shall remain in effect, and shall not be deemed to have expired until the end of three years after the passage of the act by which such appropriations are made Provided, however, That if such 31st day of July is on Saturday, then warrants may only be drawn through the Friday immediately preceding such Saturday, but if such 31st day of July is on Sunday, the warrants may be drawn through the Monday immediately following such Sunday.
Nothing contained herein shall abrogate the provisions of the general law relating to the expiration of appropriations for buildings and land.
Nothing contained herein shall repeal abrogate the provisions of the general law relating to the expiration of appropriations for buildings and land.
The Auditor shall certify annually to the Secretary of Revenue the condition of the state revenues and the several funds of the state.
The Auditor shall certify annually to the commissioner of finance and administration Secretary of Revenue the condition of the state revenues and the several funds of the state.
The certification shall be used by the Secretary in the preparation of a tentative state budget as required of him or her by §5-1A-1 et seq., and §11B-2-1 et seq.
The certification shall be used by the commissioner Secretary in the preparation of a tentative state budget as required of him or her by article two, chapter five-a §5-1A-1 et seq., and §11B-2-1 et seq.
The Auditor and Secretary of Revenue shall each keep an account of every appropriation made by law, and of the several sums drawn thereon, so that the accounts may show at all times the balance undrawn on each appropriation.
The Auditor and Secretary of administration Revenue shall each keep an account of every appropriation made by law, and of the several sums drawn thereon, so that the accounts may show at all times the balance undrawn on each appropriation.
      The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
    Adopted Rejected
    ...............................................................
        Chairman, House Committee                          ...............................................................
                             Chairman, Senate Committee                                                       Originating in the House.
  In effect from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                            Speaker of the House of Delegates                                                                 ...............................................................
                                                                           President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2021.
                                                    .............................................................
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Action History

  1. Chapter 225, Acts, Regular Session, 2021

  2. Approved by Governor 4/7/21 - House Journal

  3. Approved by Governor 4/7/21

  4. Approved by Governor 4/7/21 - Senate Journal

  5. To Governor 4/1/21

  6. To Governor 4/1/21 - House Journal

  7. To Governor 4/1/21 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Effective from passage (Roll No. 388)

  12. House concurred in Senate amendment and passed bill (Roll No. 387)

  13. House received Senate message

  14. Senate requests House to concur

  15. Effective from passage (Roll No. 292)

  16. Passed Senate with amended title (Roll No. 292)

  17. Read 3rd time

  18. Constitutional Rule Suspended (Roll No. 291)

  19. Committee amendment adopted (Voice vote)

  20. Read 2nd time

  21. On 2nd reading

  22. Read 1st time

  23. On 1st reading

  24. Reported do pass, with amendments and title amendment

  25. To Finance

  26. To Finance

  27. Introduced in Senate

  28. Communicated to Senate

  29. Effective from passage (Roll No. 40)

  30. Passed House (Roll No. 39)

  31. Read 3rd time

  32. On 3rd reading, Special Calendar

  33. Read 2nd time

  34. On 2nd reading, Special Calendar

  35. Placed on Special Calender

  36. On 2nd reading, House Calendar

  37. Placed on House Calendar

  38. Read 1st time

  39. On 1st reading, Special Calendar

  40. By substitute, do pass

  41. To House Finance

  42. Introduced in House

  43. To Finance

  44. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

  • Kimes

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2014?
HB 2014 is sponsored by Vacant1 (Republican), Kimes, Fast, Dana Ferrell (Republican), Jordan Bridges (Republican), Hanna, Mandt, Christopher W. Toney (Republican), Reynolds, Joe Statler (Republican), and Storch.
What is the current status of HB 2014?
This bill has been enacted into law. Introduced February 10, 2021. Enacted.
Where can I track HB 2014?
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