West Virginia House Bill HB5691

West Virginia 2026 Regular Session

• Introduced: 3/9/26
• Engrossed: 3/11/26
• Enrolled: 3/13/26
• Passed: 3/14/26

Caption

Supplemental appropriation, Department of Health

Summary

HB5691 is a supplemental appropriations bill that moves $2,981,132.08 out of the Attorney General’s Consumer Protection Recovery Fund and into the State Fund’s unappropriated surplus, then reappropriates that amount to the Department of Health. The new appropriation is designated for the Tobacco Education Program, indicating the money is being redirected to public health and tobacco prevention/education activities for fiscal year 2026. The bill does not create a new program or change substantive regulatory law; instead, it adjusts state spending authority for the current fiscal year. It amends the FY 2026 appropriations for the Department of Health under General Revenue and makes the funds available immediately upon passage. In practical terms, it authorizes the Department of Health to spend the transferred surplus for tobacco education purposes and reduces the balance available in the Attorney General fund by the same amount. The overall sentiment reflected in the voting history is strongly supportive and noncontroversial. The House passed the bill by wide margins, and the Senate approved it unanimously, with both chambers also voting to make it effective from passage. There is no committee transcript showing debate, and the recorded votes suggest broad agreement that the surplus funds should be redirected to health-related use. There is little visible contention in the available record. The only potential point of policy interest is the transfer of money away from the Attorney General’s Consumer Protection Recovery Fund, which may matter to those concerned about preserving resources for consumer protection activities. However, the bill’s stated legislative finding is that the fund balance exceeds what is needed, and no recorded opposition appears in the votes or available discussion. Overall, HB5691 is a fiscal measure that reallocates existing surplus funds to support the Department of Health’s Tobacco Education Program, with immediate effect and minimal legislative controversy.

Impact

HB5691 amends West Virginia’s FY 2026 appropriations by expiring $2,981,132.08 from the Attorney General – Consumer Protection Recovery Fund into the General Revenue surplus and then appropriating that amount to the Department of Health for the Tobacco Education Program. It affects state budget authority rather than substantive law, reducing the balance of one special fund and increasing spending authority for a public health program under the Department of Health.

Sentiment

The bill appears to have enjoyed broad bipartisan support and was treated as a routine supplemental appropriation. It passed the House and Senate by large margins, and both chambers voted to make it effective from passage. The absence of committee debate in the record and the unanimous Senate vote suggest little to no opposition.

Contention

No major contention is evident in the available record. The only conceivable concern is the diversion of money from the Attorney General’s Consumer Protection Recovery Fund, which could prompt questions about whether those funds should remain available for consumer protection work. The Legislature, however, expressly found that the fund balance exceeded what was necessary, and the votes indicate that any such concern did not generate meaningful opposition.