42 sections in this chapter.
W. Va. Code § 11B-1-1 Department of Revenue; Office of Secretary of Revenue; Director of Budget; federal funds
1.1K chars
(a) The Department of Revenue and the office of secretary of revenue 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…
W. Va. Code § 11B-1-2 Agencies, boards, commissions, divisions and offices comprising the department of finance and revenue
1.9K chars
(a) There shall be in the Department of Revenue the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities which are incorporated in and shall be administered as part of the Department of Revenue: (1) …
W. Va. Code § 11B-1-3 Powers and duties of secretary, administrators, division heads and employees
1.2K chars
(a) The secretary shall have control and supervision of the Department of Revenue and shall be responsible for the work of each of its employees. (b) The secretary shall have the power and authority specified in this article and article two, chapter five-f of this code and as spe…
W. Va. Code § 11B-1-4 Reports by secretary
0.3K chars
The secretary shall make an annual report to the Governor concerning the conduct of the department and the administration of the budget. The secretary shall also make other reports as the Governor may require. Copies of any such reports shall be submitted to the Legislature in th…
W. Va. Code § 11B-1-5 Delegation of powers and duties by secretary
0.2K chars
The secretary may delegate powers and duties vested in the secretary to his or her assistants and employees, but the secretary shall be responsible for all official acts of the department.
W. Va. Code § 11B-1-6 Confidentiality of information
2.0K chars
(a) Information provided to secretary under expectation of confidentiality. -- Information that would be confidential under the laws of this state when provided to a division, agency, board, commission or office within the Department of Revenue shall be confidential when that inf…
W. Va. Code § 11B-1-7 Right of appeal from interference with functioning of agency
0.4K chars
Upon occasion of a showing that the application of the authority vested under the provisions of this article may interfere with the successful functioning of any department, institution or agency of the government, that department, institution or agency has the right of appeal to…
W. Va. Code § 11B-1-8 Eliminating Division of Personnel Exemption for Tax Division personnel
1.6K chars
(a) Legislative findings and intent. — (1) The several exemptions from centralized administration of the state’s personnel have created multiple, redundant, inefficient, and overly complex personnel and human resources systems in several parts of state government; and (2) Shiftin…
W. Va. Code § 11B-2-1 Budget office
0.8K chars
The budget section of the Department of Administration is hereby transferred to the Department of Revenue and continued as the budget office. The budget office shall act as staff agency for the Governor in the exercise of his powers and duties under section fifty-one, article VI …
W. Va. Code § 11B-2-10 Powers of secretary in administration of expenditures
0.6K chars
(a) The secretary shall supervise and control the expenditure of appropriations made by the Legislature excluding those made to the Legislature and those made to the judicial branch of the state government. (b) The expenditure of an appropriation made by the Legislature, except m…
W. Va. Code § 11B-2-11 Estimates of revenue; reports on revenue collections; withholding department funds on noncompliance
3.5K chars
(a) Prior to the beginning of each fiscal year, the secretary shall estimate the revenue to be collected month by month by each classification of tax for that fiscal year as it relates to the official estimate of revenue for each tax for that fiscal year and the secretary shall c…
W. Va. Code § 11B-2-12 Submission of expenditure schedules; contents; submission of information on unpaid obligations; copies to Legislative Auditor
3.0K chars
(a) Prior to the beginning of each fiscal year, the spending officer of a spending unit shall submit to the secretary a detailed expenditure schedule for the ensuing fiscal year. The schedule shall be submitted in such form and at such time as the secretary may require. The sched…
W. Va. Code § 11B-2-13 Examination and approval of expenditure schedules; amendments; copies to legislative Auditor
1.3K chars
(a) The secretary shall examine the expenditure schedule of each spending unit and if it conforms to the appropriations made by the Legislature, the requirements of this article and is in accordance with sound fiscal policy, the secretary shall approve the schedule. In addition, …
W. Va. Code § 11B-2-14 Reserves for emergencies
0.3K chars
The secretary, with the approval of the Governor, may require that an expenditure schedule provide for a reserve for emergencies out of the total amount appropriated to the spending unit. The amount of the reserve shall be determined by the secretary in consultation with the spen…
W. Va. Code § 11B-2-15 Reserves for public employees insurance program
1.8K chars
(a) There is continued a special revenue account in the State Treasury, designated the "Public Employees Insurance Reserve Fund", which is an interest-bearing account and may be invested in accordance with the provisions of article six, chapter twelve of this code, with the inter…
W. Va. Code § 11B-2-15A PEIA Rainy Day Fund
1.6K chars
(a) There is hereby created in the State Treasury a special account, designated the PEIA Rainy Day Fund, which is an interest-bearing account administered by the Secretary of Revenue in accordance with the provisions of this section. (b) The PEIA Rainy Day Fund may consist of mon…
W. Va. Code § 11B-2-16 Limitation on expenditures
0.4K chars
The expenditures of a spending unit during a quarter of the fiscal year shall not exceed the amount of the approved allotment, unless the Governor approves the expenditure of a larger amount. Any amounts remaining unexpended at the close of the quarter shall be available for real…
W. Va. Code § 11B-2-17 Transfers between items of appropriation of executive, legislative and judicial branches
1.1K chars
Notwithstanding any other provision of law to the contrary, there shall be no transfer of amounts between items of appropriations nor shall moneys appropriated for any particular purpose be expended for any other purpose by any spending unit of the executive, legislative or judic…
W. Va. Code § 11B-2-18 Expenditure of excess in collections; notices to Auditor and treasurer
1.3K chars
(a) If the amount actually collected by a spending unit exceeds the amount which it is authorized to expend from collections, the excess in collections shall be set aside in a special surplus fund for the spending unit. Expenditures from this fund shall be made only in accordance…
W. Va. Code § 11B-2-19 Reports by spending units; copies to legislative Auditor
0.3K chars
A spending unit shall submit to the secretary reports with respect to the work and expenditures of the unit as the secretary may request for the purposes of this article. Upon receipt thereof, the secretary shall immediately send a copy of each report to the Legislative Auditor.
W. Va. Code § 11B-2-2 General powers and duties of secretary as director of budget
0.9K chars
The secretary of revenue, under the immediate supervision of the Governor, shall have the power and duty to: (1) Exercise general supervision of, and make rules and regulations for, the government of this division; (2) Administer the budget in accordance with this article; (3) Se…
W. Va. Code § 11B-2-20 Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible expenditures therefrom
7.8K chars
(a) Notwithstanding any provision of this section, the Governor may reduce appropriations according to any of the methods set forth in §11B-2-21 and §11B-2-22 of this code. The Governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legisl…
W. Va. Code § 11B-2-21 Reduction of appropriations - Reduction of appropriations from general revenue
0.5K chars
If the Governor determines that the amounts, or parts thereof, appropriated from the general revenue cannot be expended without creating an overdraft or deficit in the General Fund, he or she may, before the end of the fiscal year, instruct the secretary to reduce all appropriati…
W. Va. Code § 11B-2-22 Reduction of appropriations -- Reduction of appropriations from other funds
0.3K chars
(a) The Governor, in the manner set forth in section twenty-one of this article, may reduce appropriations from: (1) Funds supported by designated taxes or fees; and (2) Fees or other collections set aside for the support of designated activities or services. (b) Each fund and ea…
W. Va. Code § 11B-2-23 Approval of secretary of requests for changes and receipt and expenditure of federal funds by state agencies; copies or sufficient summary information to be furnished to secretary; consolidated report of federal funds; central agency for receipt of federal funds; unlawful acts
3.6K chars
(a) Every agency of the state government when making requests or preparing budgets to be submitted to the federal government for funds, equipment, material or services, the grant or allocation of which is conditioned upon the use of state matching funds, shall have the request or…
W. Va. Code § 11B-2-24 Expenditure of appropriations -- Generally
0.2K chars
The expenditure of an appropriation made by the Legislature shall be conditioned upon compliance by the spending unit with sections twenty-five, twenty-six, twenty-seven, twenty-eight and twenty-nine of this article.
W. Va. Code § 11B-2-25 Expenditure of appropriations -- Other than for purchases of commodities
0.9K chars
A requisition for expenditure, other than an order for the purchase of commodities, shall be submitted as follows: (1) The spending officer shall prepare and submit to the director a requisition showing the amount, purpose and appropriation from which the expenditure is requested…
W. Va. Code § 11B-2-26 Expenditure of appropriations -- Purchases of commodities
1.2K chars
If a requisition is a request for a purchase of commodities, the spending unit shall transmit the requisition to the state budget office for the purpose of ascertaining whether it conforms to the expenditure schedule. If it does not conform, the requisition shall be returned by t…
W. Va. Code § 11B-2-27 Expenditure of appropriations - Payment of personal services
0.7K chars
A requisition for the payment of personal services shall, upon receipt by the director of the budget, be checked against the personnel schedule of the spending unit making the requisition. The director shall approve a requisition for personal services only if the amounts requeste…
W. Va. Code § 11B-2-28 Expenditure of appropriations -- Legislative and judicial expenditures
0.7K chars
(a) The provisions of sections twenty-six and twenty-seven of this article shall not apply to the expenditure of amounts appropriated for the use of the Legislature or for the judiciary. (b) In the case of appropriations made for the Legislature, the Clerk of the House of Delegat…
W. Va. Code § 11B-2-29 Appropriations for officers, commissions, boards or institutions without office at capitol
0.5K chars
All appropriations now or hereafter made for officers, commissions, boards or institutions, public or private, other than state institutions of higher education, state charitable institutions, state hospitals and sanitariums and state penal and correctional institutions, not havi…
W. Va. Code § 11B-2-3 Requests for appropriations; copies to legislative Auditor
2.0K chars
(a) The spending officer of each spending unit, other than the legislative and the judicial branches of state government, shall, on or before September 1, of each year, submit to the secretary a request for appropriations for the fiscal year next ensuing. On or before the same da…
W. Va. Code § 11B-2-30 Submission of requests, amendments, reports, etc., to legislative Auditor; misdemeanor penalty for noncompliance
0.7K chars
(a) The provisions of sections three, eleven, twelve, thirteen, nineteen and twenty-three of this article and section twenty-five, article two, chapter five-a of this code requiring the secretary or the spending officer of the spending units to supply copies of the documents spec…
W. Va. Code § 11B-2-31 Effectuation of transfer of budget section and transition
2.9K chars
To effectuate the transfer of the budget section of the Finance Division, Department of Administration to the Department of Revenue upon the effective date of this section in the year 2004: (1) All employees, records, responsibilities, obligations, assets and property, of whateve…
W. Va. Code § 11B-2-32 Establish a special revenue fund designated the Public Employees Insurance Agency Financial Stability Fund; authority of the Secretary of Revenue to redirect certain special revenue funds to the Public Employees Insurance Agency Financial Stability Fund
3.5K chars
(a) There is hereby created a special revenue account in the State Treasury, designated the Public Employees Insurance Agency Financial Stability Fund, to be administered by the Secretary of Revenue. (b) The Public Employees Insurance Agency Financial Stability Fund shall consist…
W. Va. Code § 11B-2-33 Personal Income Tax Reduction Fund
2.3K chars
(a) The personal income tax reduction fund is hereby established. The personal income tax reduction fund shall be funded continuously and on a revolving basis in accordance with this section, with all interest or other earnings on the moneys therein credited to the fund. The pers…
W. Va. Code § 11B-2-4 Contents of requests
1.8K chars
A request for an appropriation for a spending unit shall specify and itemize in written form: (1) A statement showing the amount and kinds of revenue and receipts collected for use of the spending agency during the next preceding fiscal year and anticipated collections for the fi…
W. Va. Code § 11B-2-5 Form of requests
0.3K chars
The secretary shall specify the form and detail of itemization of requests for appropriations and statements to be submitted by a spending unit: Provided, That a request for appropriations must include at a minimum the information required by section four of this article. The sec…
W. Va. Code § 11B-2-6 Information concerning state finances
0.3K chars
The secretary shall ascertain for the preceding year and as estimated for the current fiscal year: (1) The condition of each of the funds of the state; (2) A statement of all revenue collections both general and special; and (3) Any other information relating to the finances of t…
W. Va. Code § 11B-2-7 Appropriations for judiciary
0.4K chars
The Governor shall transmit to the secretary the appropriations required by law for the judiciary for the fiscal year next ensuing and which have been certified to the Governor by the Auditor. The Auditor shall certify the appropriations to the Governor in accordance with section…
W. Va. Code § 11B-2-8 Examination of requests for appropriations
0.6K chars
(a) The secretary shall examine the requests of a spending unit with respect to requested appropriations, itemization, sufficiency of justification statements and accuracy and completeness of all other information which the spending officer is required to submit. (b) If the secre…
W. Va. Code § 11B-2-9 Appropriation requests by other than spending units
0.3K chars
A person or organization, other than a spending officer, who desires to request a general appropriation in the state budget, shall submit his or her request to the secretary on or before September 1, of each year. The request shall be in the form prescribed by the secretary and s…