HB 4166 — Establishing a special revenue fund to be known as the "Capital Improvements Fund — Department of Agriculture Facilities"

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Red = new code to be enacted                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 4166 By Delegates Westfall, Kessinger, Paynter, Foster, Hamrick, Butler, Statler, Summers and Hamilton [Passed[Originating Marchin 9,the 2018;Committee on Finance;

inFebruary effect21, from2018] passage.]A ANBILL ACT 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 "Capital Improvements Fund — Department of Agriculture Facilities";

The Capital Improvements Fund — Department of Agriculture Facilities is hereby created.  The fund shall be administered by the Department of Agriculture and shall consist of all moneys made available for the purposes enumerated in this section transferred into the fund pursuant to §19-12A-6a of this code and 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. fund. Expenditures from the fund shall be used exclusively by the Commissioner of Agriculture 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 Expenditures thisfrom codethe andfund uponshall thebe fulfillmentused ofexclusively by the provisionsCommissioner setof forthAgriculture infor §11B-2-1,the etpurpose seq. of Anyfunding balance,construction includingand accruedcapital interestimprovements andto otherfacilities returns,owned remainingor inoccupied by the fundDepartment atof theAgriculture endand ofare eachnot fiscalauthorized yearfrom shallcollections notbut revertare to thebe Generalmade Revenueonly Fundin butaccordance shallwith remainappropriation inby the fundLegislature and bein expendedaccordance aswith providedthe byprovisions thisof section.§12-3-1, et seq.

of this code and upon the fulfillment of the provisions set forth in §11B-2-1, et seq.

 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.

All funds collected by the commission 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 Commissioner of Agriculture may transfer a portion of the funds not to exceed $1 million to the Capital Improvements Fund — Department of Agriculture Facilities established in §19-1-4e of this code.