In the House
As of 4 p.m., Wednesday, January 21, 2004, the eighth day of the 2004 Regular Legislative Session, 723 bills have been introduced in the House of Delegates, including 624 carry-over bills. Carry-over bills and resolutions are proposals that did not pass or were pending upon the adjournment of the first regular session within a respective two-year Legislature. These proposals must be requested by their original sponsors and retains their original language.
Five bills have been passed by the House and will now go to the Senate for its consideration. These are:
Committee Substitute for House Bill 2268 would designate teachers and substitute teachers as professional educators and address critical needs and shortages. This bill would reactivate provisions which previously authorized County School Boards to employ retired teachers in areas of critical need and shortage. However, the policy must limit the employment of retired teachers when no other teacher who holds certification and training in the area of need is available.
House Bill 3052 relates to including Family Courts into certain jurisdictional references of the Clerk of the Circuit Court by changing the official title of the Clerk of the Circuit Court to Clerk of the Courts. The bill would also require that the Administrative Director of the Supreme Court of Appeals keep a full and complete account of all money transactions in connection with the various county law libraries and of the receipt of all books and other documents lodged in the libraries.
House Bill 4039 relates to the posting of positions for the employment of persons other than professional educators as coaches. This bill would remove the prior requirement that the posting of coaching positions be posted after the employment of persons other than professional educators have been hired in a coaching position and remained there for at least three consecutive years.
House Bill 4040 relates to the criteria for filling vacancies in the case that more than one person who is permanently employed seek the same posted position. The criteria would be an overall rating of satisfactory on the previous two evaluations, rather than over the previous two years.
House Bill 4045 would require the submission of evidence to the State Superintendent that the County Superintendent has provided the required bond and good security. The bill would also require that each County Superintendent hold a professional administrative certificate endorsed for superintendent, or a first class permit endorsed for superintendent.
Sampling of bills introduced this week:
House Bill 4052 would increase the number of persons to whom credit union services would be extended. Credit union membership would be limited to persons within one or more groups having a common bond or bonds of similar occupation, employer, association or interest, or to those who reside or work in a well-defined community, neighborhood or rural district (using standards established by the National Credit Union Administration).
House Bill 4081 would require that County School Boards post the position of County Superintendent for at least 30 days prior to making an appointment. The posting requirement would not apply to a reappointment or an interim appointment.
House Bill 4055 would create a compact between states for the protection and return of juvenile offenders, runaways, and other juveniles. The Governor of this state would be authorized and directed to execute a compact on behalf of the state of West Virginia with any other state or states to execute the compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles.
House Bill 4066 would increase certain County Clerk, Circuit Clerk, Assessor, Sheriff, Prosecuting Attorney and Magistrate Court fees and dedicate the fee increases to the Courthouse Facilities Improvement Fund. Other portions of the increased fees would go toward a special revenue account administered by the Executive Director of Public Defender Services to provide funding for private attorneys appointed to provide representation.
House Bill 4079 would establish a program to employ rehabilitative drug treatment instead of incarceration for most persons arrested for nonviolent drug offenses. There would also be created in the State Treasury a special revenue account which would be known as the “Substance Abuse Treatment Trust Fund”. The fund would consist of all appropriations to the fund and all interest earned from the investment of the fund and any gifts, grants or contributions received.
House Bill 4037 would provide for an appropriation of at least $8 million for alternative education programs. The first $2 million would be distributed to the counties based on net enrollment and the remainder would be distributed to counties in competitive grants for pilot or innovative programs.
House Bill 4050 would transfer all powers and duties of the Public Energy Authority relating to bonding authority, including statutory responsibilities and contractual obligations related to outstanding bonded debt, to the State Treasurer.
House Bill 4059 would distribute the net terminal income of racetrack video lottery terminals from reduced distributions to the Tourism Development Fund to be deposited in the Development Office Promotion Fund and in the Higher Education Policy Commission’s Research Challenge Fund. This bill would also provide for uses and expenditures of such funds.
House Bill 4076 would require the Secretary of the Department of Health and Human Resources to consider a method to obtain Medicaid reimbursement to retail pharmacies for the cost of certain prescriptions in a dosage that is less than the smallest available package and there is a reasonable expectation that the remaining portion of the broken package cannot be sold.
In the Senate
As of 4 p.m., Wednesday, January 21, 2004, the 8th day of the 2004 Regular Legislative Session, 254 bills have been introduced in the Senate. Of those, three measures were passed and will go on to the House for its consideration.
Senate Bill 166 would reduce the allowable blood alcohol content (BAC) for driving under the influence (DUI) from 0.10 to 0.08 of one percent of body weight. Federal highway funding to the tune of around $10 million has been tied to the passage of this legislation.
Senate Bill 190 relates to the filing fee for certain United States candidates. The measure places a cap on the dollar amount set for the filing fee in West Virginia for United States presidential candidates to $2,500. Current law places a one percent fee for all offices, state or federal. This bill would place West Virginia into compliance with federal filing laws.
Senate Bill 196 would allow instructional activities for students, faculty senate meetings and other professional activities
for teachers, all of which are required on instructional support and enhancement days, to occur in any order.
Sampling of bills introduced this week:
Senate Bill 215 would require that persons, under the age of 18, who operate ATVs wear helmets and prohibit passengers under the age of 18. The bill would also provide that cities and counties may regulate or prohibit the operation of ATVs within their respective jurisdictions and would provide an exemption for farm and commercial use.
Senate Bill 252 would create the Child Safety All-Terrain Vehicle Act. This bill would establish safety and training provisions for children riding or operating ATVs in West Virginia.
Senate Bill 253 would establish ATV safety measures for any person operating or riding ATVs and place limitations on ATV use. The bill would also grant counties limited authority to regulate ATV use.
Senate Bill 210 would repeal the annual corporate license fee and replace it with an annual report and annual registration fee of $50 to be paid by corporations, non-profits, limited partnerships, voluntary associations, and business trusts. The bill also would preserve the attorney-in-fact fee.
Senate Bill 233 would require the Alcohol Beverage Control Commission (ABCA) to hold a public hearing prior to issuing a first-time license for private clubs or upon the transfer of a license to a private club at a new location. The bill would mandate a public hearing be held in the county where the club is to be located.
Senate Bill 15 would remove the requirement that substitute teachers work a certain amount of days for seniority applied to full-time employment. The bill, more specifically, would remove the requirement that substitute teachers work at least 133 days in a school year to count their substitute teaching toward seniority for full-time employment hiring purposes.
Senate Bill 171 would eliminate the requirement that an estate representative be in court to be named administrator of an estate.
Senate Bill 162 would prohibit businesses authorized to offer limited video lottery games from displaying gambling names and gambling symbols in the establishment’s advertisements, signage and/or directions.
Senate Bill 251 would establish the Nurse Overtime and Patient Safety Act. The bill would generally prohibit mandatory overtime for nurses in certain health care facilities. The bill states that a hospital would be prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and/or take action against a nurse solely on those grounds.
Senate Bill 161 would create the West Virginia Health Insurance Plan. This measure would look to provide health insurance coverage to qualified persons who are otherwise unable to obtain coverage. The coverage issued by the plan, its schedule of benefits, exclusions and other limitations would be established by a board created by the bill and subject to the approval of the Insurance Commissioner.
Senate Bill 235 would allow motor vehicles to treat red lights as stop signs in certain cases. The measure would permit a driver of a motor vehicle to treat a red light as a stop sign between the hours of 12 a.m. and 6 a.m. if there are no pedestrians or other traffic present or within close proximity. Any political subdivision in the state would be able to pass an ordinance prohibiting motorists from the provisions of this legislation.
Senate Bill 175 relates to benefits for members of the Police Retirement System for service-related disability or death. The bill would increase the death benefits eliminate the requirement for disabled members to convert to standard retirement when they turn 55 years old, and provide a three percent Cost of Living Allowance (COLA) under the State Police Retirement System (Plan B).
Senate Bill 200 would require an annual report be filed with the Legislature on or before January 1st of each year by the Superintendent of the State Police which includes a summary of the efforts and the effectiveness of recruiting females, African Americans and other minorities.
Senate Bill 225 would increase the base salary of sworn State Police personnel by 18 percent effective July 1, 2004.
Senate Bill 114 would enact the Tax Free Family Meal Act of 2004, eliminating the sales tax on groceries. The Act would look to generate the appropriate funding received by the taxes on food by increasing other taxes on certain products, including beer, liquor, soft drinks, cigarettes and other tobacco products.
Senate Bill 135 would reissue the sales tax holiday for the purchase of back-to-school clothing and school supplies, including computers and computer accessories, during a three-day period beginning August 6 and ending August 8, 2004.
Senate Bill 204 would allow for the sale of unused Strategic Research and Development Tax (R&D) credits.
Senate Bill 103 would create the Tobacco Free School Act. This Act would prohibit tobacco use in all school buildings and grounds and increase the penalties for such violation of this provision. The measure would increase the fine for violation of the Act to at least $50 and up to $250. As the Code reads now, the fines are $1 to $5.
Senate Bill 170 would increase penalties for use or possession of tobacco or tobacco products by minors. The bill would increase fines and place additional community service requirements upon those minors who violate this proposal.
State Lawmakers to Tackle Budget Concerns
As the regular session gains momentum, state legislators are engaged in a brimming legislative agenda – one that will likely entail many substantial issues, including the considerable fiscal challenges tied to the budget. West Virginia is projected to have a $120 million shortfall in a budget of $3.2 billion, making this one of the most challenging budgets in recent years. West Virginia is not alone in this plight. Although the national economy seems to be on an upswing, many states are still operating on tight budgets and exploring options to secure monetary stability for the future. To fill West Virginia’s financial void, Governor Wise, during his final State of the State Address, proposed a balanced budget with revenue enhancements and budget cuts for state agencies. Most branches were asked to reduce spending by 9 percent, while higher education’s budget was asked to cut 2.5 percent. The State Police, prisons, senior citizens, children’s healthcare, public schools and scholarships were excluded from these spending reductions in the Address. According to the State Constitution, West Virginia is required to have a balanced budget. As such, lawmakers may adopt the Governor’s tax suggestions, choose to increase revenues, or decline the Governor’s proposals. Unlike the federal government, West Virginia cannot run on a deficit. Although this task is demanding, balancing the state’s budget is imperative to secure and maintain adequate educational programs, increase the availability of healthcare and implement economic development initiatives to attract businesses to West Virginia. The Legislature is currently working on various legislation to bring revenue to the state and enhance the economy. These initiatives include expanding tourism development, establishing a statewide trail coordinator, providing a tax credit to small businesses and creating a tax credit to foster the development of businesses started by West Virginians. In addition to the budget, many other important issues are on lawmakers’ legislative agendas. During the first week of session, the Senate considered and passed a bill allowing for the drunken driving threshold to be lowered from 0.10 blood alcohol content to 0.08. Presently the House is working on its version.
Until a bill goes into effect, West Virginia remains one of only five states that has not made this change since Congress established 0.08 as the national standard in 2000. For states to maintain federal highway funding, Congress required all states to conform to this standard by 2004. With the passage of a bill, West Virginia could regain the $2.62 million in highway funds lost last year. Another focus issue on lawmakers’ calendar is All-Terrain Vehicle (ATV) safety, which has fallen short of legislative approval in past years. This is being addressed through various pieces of legislation currently under consideration. The different versions contain provisions relating solely to younger operators and other basic safety measures relating to any individual driving an ATV. Other issues under close review include tort reform, insurance fraud, prescription drug costs, clean elections, water resource management and gambling advertisements. Comparable to the 2003 session, this year has started off on a rapid pace – with the House introducing more that 600 carryover bills from last year, making the total number of bills being considered by this chamber over 700. While the Senate does not allow bills to carry over from year to year, currently more than 250 bills are being reviewed in committee.
Completed Legislation
House Bill 2077 removes the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of its patients. The Colin Anderson Center, a state mental health hospital and facility, was closed December 31, 1996, and its patients were either transferred or deinstitutionalized. Current State Code directs the Secretary of the Department of Health and Human Resources to submit monthly reports to the Legislature’s Joint Committee on Government and Finance pertaining to the placement and monitoring of all residents transferred from the Colin Anderson Center.
House Bill 2778 continues the West Virginia State Police until July 1, 2004. The West Virginia State Police are responsible for state law enforcement involving both criminal and traffic activity including crime scene investigation, traffic crash investigation, court testimony, report writing, etc. and to provide efficient police service to the citizens of West Virginia.
House Bill 2803 would allow the Board of Barbers and Cosmetologists to continue until July, 1 2008. The Board regulates the barbering and cosmetology professions.
House Bill 2094 regulates the release of fish, water animals and other aquatic organisms into the waters of West Virginia. This measures makes it unlawful to release any fish, water animal or other aquatic organism into the public waters of this state without first obtaining a permit from the Division of Natural Resources. However, the bill allows the release of trout originating in West Virginia or imported as long as the imported trout meet the disease free certification requirements set forth by state code. Additionally, bass which meet the disease free certification requirements may also be released without a stocking permit.
House Bill 2301 provides, through a maintenance bond, funding for necessary care of animals seized because of allegations of neglect. Under this bill, owners whose animals are seized must post a maintenance bond within five days for the reasonable and necessary care of their animal pending a hearing.
House Bill 2359 allows all of the fees collected for required inspections done by the Office of the State Fire Marshal and for license fees for electricians and electrical inspectors to be kept in a special revenue account, instead of having 10% of the fees transferred to the General Revenue Fund. It also would require that the tax on insurance companies which provide fire insurance be deposited in that account.
House Bill 2500 clarifies that courts may continue orders of protection in relation to domestic violence while certain court proceedings are pending. The bill allows this continuation of an order of protection during the pendency of divorce, separate maintenance or annulment.
House Bill 2556 requires the Insurance Commissioner to issue an annual communication to state and local governmental entities and nonprofit organizations to increase awareness of certain flood insurance issues. The bill ensures state and local governmental entities and nonprofit organizations are aware of the 1988 amendments to the federal Robert T. Stafford Emergency Assistance and Disaster Relief Act. This Act imposes penalties in the form of reductions in Federal Emergency Management Agency (FEMA) disaster relief funds on public entities who fail to purchase adequate flood insurance on all property located in identified flood hazard areas. It also considers the magnitude of risk exposure and potential financial loss that may result from these penalties and makes these entities aware that low-cost, federally subsidized flood insurance may be available through the National Flood Insurance Program (NFIP).
House Bill 2696 removes certain limitations on the Commissioner of Agriculture to increase fees of certain services. Current law states that fees can only increase to double the amount established in 1984. This measure removes this requirement and allows the Commissioner to establish and propose legislative rules pertaining to the increase of fees.
House Bill 2870 specifies the jurisdiction of the Public Service Commission (PSC) over certain described electric generating facilities. The measure requires persons, corporations and other entities that intend to construct and operate electric generating facilities, or that intend to make or construct material modifications to obtain a siting certificate from the PSC, in lieu of a certificate of public convenience and necessity. The bill also allows the PSC, under specified circumstances, to seek the imposition of civil or criminal penalties.
House Bill 2965 allows any state agency which utilizes the services of a dog or horse to transfer ownership of the animal to any person, handler or state agency who wishes to adopt it, including placement in a humane society. The bill also notes that the transfer of the animal shall be accompanied by documentation that holds the state harmless from liability.
House Bill 3019 allows the Legislature to declare certain moral obligations and claims against state agencies and pay of these claims with public monies. The totals, as to type of funds and amounts of awards in the bill, are: General Revenue Funds – $6,196,672.92 Special Revenue Funds – $902,865.01 Federal Revenue Funds – $4,147.61 State Road Funds – $700,257.01.
Senate Bill 205 modifies the criminal intent requirement for animal cruelty crimes and increases the fines. Additionally it creates a felony offense for intentionally torturing or maliciously killing animals and it mandates persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony.
Senate Bill 390 removes the requirement that a person’s Social Security Number appear on a commercial driver’s license (CDL). However, the license will still have to include the driver’s name, eye and hair color, weight, gender, date of birth, address, signature and color photo.
Senate Bill 414 authorizes the Real Estate Commission to enter into license reciprocity agreements with other states. The bill permits the Commission to make additional education requirements for out-of-state licensees who work within West Virginia. A reciprocity agreement will allow West Virginia to recognize the licenses of another jurisdiction with similar licensing requirements and could stipulate that the other jurisdiction recognize the licenses of this state.
Senate Bill 447 allows the Director of Natural Resources to enter reciprocal agreements with the state of Ohio in regard to hunting and fishing on tributaries of the Ohio River. The bill states that residents of the state of Ohio who carry valid Ohio hunting or fishing licenses may hunt waterfowl or fish from the West Virginia banks, tributaries and embankments of the Ohio River without obtaining West Virginia state licenses to do so provided that the state of Ohio first enters into a reciprocal agreement with the Director of the West Virginia Division of Natural Resources extending a like privilege to West Virginia citizens.
Senate Bill 461 will update the section of the West Virginia Corporation Net Income Tax Act which brings terms in that Act into conformity with Federal terms for Federal Income Tax purposes.
Senate Bill 462 will update the West Virginia Personal Income Tax Act by bringing the terms into conformity with their meanings for Federal Income Tax purposes.
Senate Bill 166 continues the Oil and Gas Inspectors’ Examining Board until July 1, 2009. The Oil and Gas Inspectors’ Examining Board’s responsibilities include promulgating rules relating to the examination, qualification and certification of candidates; conducting examinations of candidates; preparing and certifying a register of qualified eligible candidates for appointment as oil and gas inspectors; and, hearing and determining discipline proceedings of inspectors and supervising inspectors.
Senate Bill 282 continues the Division of Motor Vehicles (DMV) until July 1, 2004. The DMV is a division of the West Virginia Department of Transportation and provides driver information and education through its 19 regional offices.
Senate Bill 283 continues the Public Service Commission (PSC) until July 1, 2008. The PSC supervises and regulates the rates, services, operations and most other activities of all public utilities and many common and contract motor carriers of passengers and property within West Virginia, as well as processes and acts on petitions filed by these regulated entities. The Commission also acts upon complaints against utilities and common carriers.
Senate Bill 284 continues the Division of Purchasing within the Department of Administration until July 1, 2004. The Division of Purchasing was created for the purpose of establishing centralized offices to provide purchasing, travel, and leasing services to the various state agencies. Also, the Purchasing Division offers many other services to state agencies, political subdivisions, and the vendor community, including, but not limited to: acquisition and contract administration; surplus property program; fleet management; travel management; Capitol parking; purchase order encumbrance; and, inventory management.
Senate Bill 415 continues the Environmental Quality Board until July 1, 2005. The Environmental Quality Board issues rules that set the water quality standards for West Virginia’s surface and ground waters and has the authority to grant a variance from these water quality standards for remining activities. Also, the Environmental Quality Board listens to appeals regarding the issuance or denial of permits, permit conditions, or enforcement actions rendered by the WV Department of Environmental Protection’s Division of Water Resources and Division of Waste Management.
Senate Bill 417 continues the Commission for the Deaf and Hard-of Hearing until July 1, 2005. serves as a communication bridge between hearing persons and those who are deaf or hard of hearing. The Commission works toward an environment in which deaf or hard of hearing West Virginians of all ages have an equal opportunity to participate fully as active, responsible, productive and independent citizens of the state.
Senate Bill 469 continues the Contractor Licensing Board until July 1, 2006. The Board regulates the minimum qualifications for applicants for examination and license in each of the following specified classes of contractor: Electrical contractor; General building contractor; General engineering contractor; Heating, ventilating and cooling contractor; Multifamily contractor; Piping contractor; Plumbing contractor; Residential contractor; and, Specialty contractor.
Senate Bill 470 continues the Board of Manufactured Housing Construction and
Safety until July 1, 2005. This Board handles the administration and enforcement of the federal standards and is charged with the adoption, administration and enforcement of manufactured home construction and safety standards.
Senate Bill 471 continues the West Virginia Board of Pharmacy until July 1, 2008. The Board, regulates the employment of licensed interns, appoints inspectors and regulates the practice of pharmacy generally in the state.
Legislature Turns Attention Toward State Budget
As the first session of the 76th Legislature nears the final bell, and the gavels drop on the 2003 Legislative Session, legislators thoughts and energy now shift toward finalizing and passing House Bill 2050, the Budget Bill. Within days of the beginning of the Regular Session of the Legislature, the Governor submitted to the Legislature a budget for the upcoming fiscal year, 2004. The budget contained a complete plan of proposed expenditures and estimated revenues for the fiscal year and showed the estimated surplus or deficit of revenues at the end of the fiscal year.
The Governor hand delivered to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget clearly itemized and classified. The President of the Senate and the Speaker of the House promptly introduced the bill in their respective houses, which is yearly known as the “Budget Bill.”
The Legislature is not allowed, by the State Constitution, to amend the Budget Bill so that a deficit is created but is within its power to amend the bill by increasing or decreasing any item contained within it with the exception of any item relating to the Judiciary.
If the Budget Bill has not been finally acted upon by the Legislature three days before the expiration of its regular session, the Governor is allowed to issue a proclamation extending the session for any period as may be necessary for the passage of the bill. During this time, no matter other than the Budget Bill can be considered.
This upcoming fiscal year, FY 2004, the Governor’s budget is projected at $3.034 billion, assuming a number of variables and increases in funding transpire. This projected budget is an increase of $104.3 million in total dollars from the Fiscal Year 2003 largely due to a proposed increase in the cigarette tax, projected increases in Lottery revenue and a projected 1.3 percent revenue growth rate for an increase of $36.5 million.
The proposed budget includes $417.9 million in Lottery proceeds which are used to fund essential day-to-day operations within the state government. Also, a majority of state agencies have been asked to reduce spending to help alleviate and offset a bleak revenue outlook. Agencies are also being asked to absorb increases in the Public Employees Insurance Agency (PEIA), the Consolidated Public Retirement Board (CPRB) and premium increases in the Board of Risk and Insurance Management (BRIM) totaling $14.25 million for FY 2004.
The Legislature is now ready to complete the Budget Bill having focused the early part of session on drafting major pieces of legislation. The Legislature’s budget is expected to differ only slightly from the Governor’s version.
Once the House of Delegates and the Senate pass respective versions of the Budget Bill, the bill will go into a conference committee which will allow the conferees, selected by the Senate President and House Speaker, to address the entire bill. The conferees reconcile any differences between the proposed bills and file a conference report containing the finalized bill to the Clerks of each body. The report is then submitted to the respective floors of each body where the members have the final say on accepting or rejecting the Budget Bill.
This is the only bill the Legislature is required by the State Constitution to pass each year. With states across the nation dealing with a national economic downturn, only six states in the last fiscal year ended the year in the black – West Virginia was fortunately one of them. However, the state could not avoid feeling the crunch this year and developing the budget has been quite an arduous task.