Each year, the Legislature faces a task that surpasses all others in its degree of difficulty, time consumption and veracity. On top of their various duties, the members of the House of Delegates and Senate must focus on balancing the budget. The budget process is one that affects the entire population of West Virginia and is seen as the most important piece of legislation passed each year. Surprisingly, despite the significance of the process, very few people understand it. While most citizens are aware that the budget determines what services are offered by the state, few know that it also regulates the quality of these services and the amount of taxes the people of the state must pay. The challenge of actually creating the budget begins approximately one year prior to the beginning of the affected fiscal year. The process starts with each spending unit, such as a state agency or program, estimating the funding they will need for the upcoming fiscal year. In most cases, spending units use the same amount of funds from its current fiscal year, after subtracting any one-time appropriations. Anything above the previous year’s amount must be submitted separately in an “improvement package,” which will justify the need for the additional funds. Scheduled to be received by September 1st, these requests are then reviewed by the Secretary of Administration, who holds budget hearings for the programs and agencies to discuss their estimated spending. This gives programs a chance to provide additional information, answer questions and bring any specific needs to the forefront such as legislative and federal mandates or court ordered funding. The next phase of this process passes responsibility over to the Governor who creates the Governor’s Executive Budget. Having absolute power to cut and add where he or she sees fit to address the needs and priorities of the state, the Governor also establishes the official revenue estimates of the state. The budget is developed on a cash basis, including only expected revenues and expenditures for
the fiscal year plus any surplus balances available for appropriation. The Governor is not legally required to submit a balanced budget. The West Virginia Constitution requires the proposed budget be submitted to the Legislature on the second Wednesday of January each year, except the years following gubernatorial election, at which time the budget is submitted on the second Wednesday of February. Once in the hands of the Legislature, it is given to both the House of Delegates and Senate Finance Committees for consideration. Each committee holds another series of budget hearings with each department to review their funding for the upcoming fiscal year. The committees then present a Budget Bill to each legislative body. If differences occur, a conference committee is called to work out a compromise. When an agreement is made, the bill is once again presented to both bodies for approval. The Legislature is required by the State Constitution to pass a balanced budget. To reach this standard, the estimated revenues and unappropriated fund balances must be equal to or greater than the appropriations made in the proposed budget. If this measure is not passed by a majority of the members in at least three days prior to the end of the 60 day legislative session, the Governor must extend the session for a longer period, to ensure the Budget will be ready for passage. Once passed by both bodies, the Budget Bill then becomes the Budget Act and is reported back to the Governor so he may approve, veto or disapprove and reduce items or sections. If it is approved, the Act will become a law and if not it is returned to the two legislative bodies for further consideration. The Budget Act must be approved or disapproved in five days after it is presented to the Governor. If this does not happen, the Act will become law as if it had been signed by the Governor. After the budget becomes law, the funds become available at the beginning of the new fiscal year which begins on July 1st. To receive their funding, each department is asked to submit a spending plan for three-month periods, that must be approved by the Commissioner of Finance and Administration.
Detailed budget process directs state expenditures
In the House
As of 4 p.m., Wednesday, February 25th, 2004, the 43rd day of the 2004 Regular Session, 1,251 bills have been introduced in the House of Delegates. Of those, the following 17 bills have been passed by this body since February 18th and are currently under consideration in the Senate.
House Bill 2384 would provide criminal penalties for negligently or carelessly shooting, wounding or killing a human being while hunting under the influence of alcohol or drugs. Any person who shoots and wounds a person while under the influence of alcohol or drugs would be charged with a misdemeanor and upon conviction fined between $2,000 and $15,000 and/or sentenced between two months and one year in jail. If a person shoots and kills a person while under the influence of alcohol or drugs, they would be charged with a felony and upon conviction fined between $5,000 and $20,000 and/ or placed in jail for one to three years. Restitution of actual medical costs and funeral, burial and crematory costs caused by the violation would be required if deemed necessary by the courts.
House Bill 4044 would increase the salary limit for the State Superintendent’s position. The annual salary for the State Superintendent of Schools would be raised to a maximum of $200,000 from its current $146,000 threshold.
House Bill 4053 would change the rate of compensation for members of the State Board of Education. This measure would change the current compensation rate of $100 per day to a rate of $500 per month.
House Bill 4096 would increase the veterinary fee for each cat and dog vaccinated for rabies. Any owner of a cat or dog whose animal is vaccinated for rabies at a clinic sanctioned by a county commission would be charged $8 per vaccination, raised from the current fee of $4 per vaccination.
House Bill 4141 would authorize patients or residents of certain health care facilities or homes to allow specified non-relatives to receive the same visitation privileges as immediate family members. The bill would establish new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities by permitting resident visitation privileges for non-relatives unless otherwise requested by the patient or legal designee.
House Bill 4156 would provide the West Virginia State Police with the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database. The bill would allow the State Police to require any person convicted of a felony to provide a DNA sample to be used for the sole purpose of criminal identification, provided that the request for the sample was made while the criminal was under the supervision of the criminal justice system.
House Bill 4257 would increase the amount of prizes that may be given in the conduct of charitable raffles without a license. The bill would raise the amount that can be awarded for a single raffle to $4,000 and the annual cumulative amount to $15,000.
House Bill 4271 would require all schools to permit students to self-administer asthma medication. A student enrolled in a public, private, parochial or denominational school located within West Virginia would be permitted to self-administer asthma medication as long as the parents or guardians of the student provide the school with written authorization and a written statement from the student’s physician or advanced practice registered nurse; the student has passed an assessment by the school nurse evaluating the student’s technique of self administration and understanding of the appropriate use of the asthma medication; and, the parents or guardians of the student acknowledge in writing, that the schools and their officials
House Bills that have completed legislative action since Feb. 19th:
House Bill 4011 brings terminology in the West Virginia Personal Income Tax Act into conformity with their meanings for federal income tax purposes. House Bill 4012 updates the meaning of “federal taxable income” and other terms used in the state’s Corporation Net Income Tax Act. Terminology addressed in this legislation will adhere to the definitions used for federal income tax purposes.
House Bill 4287 removes certain provisions of current law pertaining to salaries for certified employees.
House Bill 4348 will expire funds to the Treasurer’s Office – Banking Services from the Treasurer’s Office – Unclaimed Property Trust Fund.
House Bill 4349 makes technical corrections to sales tax law and would update the current law relating to the Streamlined Sales and Use Tax Agreement among the states to continue the state’s role as a decision-maker in executing the agreement would be exempt from any liability as a result of any injury arising from the self-administration of asthma medication by the student.
House Bill 4297 would clarify that a county board of education and its superintendent may designate where competency testing for service personnel will be held.
House Bill 4308 would provide immunity from civil damages to any worker, contractor, engineer or architect who, in good faith, provides services or materials for the installation of universal accessibility features if the action is done without pay. Also, to receive immunity, the accessibility feature that was built must be in accordance with applicable state and federal laws.
House Bill 4364 would include Division of Forestry employees in the assault and battery statute with similar state personnel. State law currently provides specific sentencing for unlawfully, knowingly and intentionally assaulting certain state employees while acting in their official capacity. This measure adds the employees of the Division of Forestry to that list of state personnel protected by this Code section.
House Bill 4374 relates to manufactured housing construction and safety standards. This bill would allow the West Virginia Board of Manufactured Housing Construction and Safety to issue a cease and desist order and impose penalties on anyone conducting business with regard to manufactured homes. Under provisions set in this bill, anyone engaging in business without a valid license would be guilty of a misdemeanor and fined between $200 and $1,000 for a first offense, fined $1,000 to $5,000 and/or 30 days to six months in jail for a second offense, and $1,000 to $5,000 and/or 30 days to one year in jail for a third and subsequent offense.
House Bill 4411 would change certain reporting requirements in the West Virginia Workforce Investment Act. The measure would require the Workforce Investment Council to establish within its strategic fiveyear state workforce investment plan an overall workforce investment public agenda with goals and benchmarks of success for the state, state agencies and for local workforce investment boards. Also, the bill would create the Workforce Investment Interagency Collaborative Team as the single state source for addressing issues or concerns relating to workforce development.
House Bill 4433 would create the crimes of abuse and neglect and misuse or misappropriation of the funds or assets of elderly persons. Current law provides this protection for incapacitated adults only.
House Bill 4434 would expand the possible venue where a child neglect or abuse petition may be filed. The bill would allow for petitions to be filed in a circuit court of the county where the custodial respondent or another named party resides and in the county where the neglect or abuse occurred, as well as where the child resides, which is currently enacted.
House Bill 4450 would permit the sale of timber severed in a state park incidental to construction activities. The sale of timber would be permitted if the construction is authorized by the Legislature and the sale of the timber is in the best interest of the of park development.
In the Senate
As of 4 p.m., Wednesday, February 25th, 2004, the 43rd day of the 2004 Regular Session, 712 bills have been introduced in the Senate. Of those, the following 13 bills have been passed by this body since February 18th and are currently under consideration in the House of Delegates.
Senate Bill 147 would allow the transfer of unappropriated surplus between the State Excess Lottery Fund and the State Lottery Fund when the other fund has a real or anticipated deficit. In any year that a surplus of funds found in the State Excess Lottery Fund the Secretary of Tax and Revenue can authorize a transfer of certain net profits to the State Lottery Fund.
Senate Bill 160 would extend for three years the ability to appropriate funds from the Public Employees Insurance Agency Reserve Fund to the Bureau for Medical Services. The fund would consist of monies that were appropriated by the Legislature and monies that are transferred annually.
Engrossed Committee Substitute for Senate Bill 165 would simplify the state higher education tuition and fee system by fixing the amounts set for each school term for different classes or categories of students enrolling at each state institution.
Senate Bill 214 would allow the Board of Landscape Architects to set all fees, except renewal fees, imposed by the Board. The fees set on July 1, 2003 would remain in effect until all new fees are set by rule.
Senate Bill 286 would allow the Division of Banking to charge and collect the actual expenses incurred during an examination process. The Division of Banking conducts examinations on financial institutions that include consumer lenders. On a yearly basis, the Division imposes an assessment on regulated consumer lenders.
Senate Bill 317 would allow the Commissioner of the Division of Corrections to increase the parolee supervision fee from $20 to $40. Some other provisions of this bill would include that a parolee may not violate any criminal law of the state, may not leave the state without consent, and the parolee would be required to comply with all rules applied by the Division.
Senate Bill 321 would provide for the continuance of a personal income tax adjustment to certain retirees’ gross income. This would occur if the retiree received pensions from an employer-provided defined benefit plan that terminated and is being paid a reduced maximum benefit guarantee.
Senate Bill 402 would correct inconsistencies between statutes relating to Board of Risk and Insurance Management’s (BRIM) rule-making authority. Currently West Virginia Code requires all BRIM rules to go through the legislative rule-making process, but exempts certain rules from the rule-making procedure. The amendment would delete the broad reference to rule-making authority contained in the Code, while preserving BRIM’s authority to make rules regarding minimum contract terms and the waiting period for entry into the BRIM programs by political subdivisions.
Senate Bill 410 would extend the coverage for education and technical training to children of deceased members of the military.
Senate Bills that have completed legislative action since Feb. 19th:
Senate Bill 258, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, allows law enforcement officers to enforce out-of-state protection orders if they have probable cause that a valid order exists and has been violated. This measure is similar to those adopted in other states and is intended to further facilitate the enforcement of these protection orders.
Senate Bill 449 cleans up inconsistencies in state election law. One of the new provisions would allow county commissions to discontinue the use of voting machines and replace them with a voting system that meets the requirements of “The Help America Vote Act of 2002” six months prior to a primary or general election.
Senate Bill 524 relates to the Council for Community and Technical College Education and the PROMISE Scholarship Board of Control. The bill was a direct result of the State Supreme Court’s ruling in the economic development grants case regarding the appointment of board members by the Governor who have been selected by the Speaker of the House of Delegates and the President of the Senate. Bills Passed by Both Bodies
The bill specifies the period of time which the deceased member must have served. The current law provides children of deceased members of the military with an annual $5,000 benefit to be used for state education or training institutions. Also, the law requires that the child would have to attend a state school or training institution.
Senate Bill 420 would clarify the method of collecting the motor fuel excise tax when a supplier exports fuel to another state provided that the supplier chooses to collect the tax.
Senate Bill 444 would require county litter officers to enforce litter laws. This bill also would encompass the removal and demolition of unsafe structures and the collection of refuse, debris and overgrown vegetation. Under this legislation, the West Virginia Litter Control Program would be enforced and any county commission employing a litter control officer would be required to contact the West Virginia Division of Natural Resources for the proper training.
Senate Bill 532 would repeal the section of the WV Code which requires the inspection of jails. This inspection would no longer necessary because of the establishment of the Regional Jail System.
Completed Legislation
Senate Bills that have completed legislative action since Feb. 19th:
Senate Bill 258, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, allows law enforcement officers to enforce out-of-state protection orders if they have probable cause that a valid order exists and has been violated. This measure is similar to those adopted in other states and is intended to further facilitate the enforcement of these protection orders.
Senate Bill 449 cleans up inconsistencies in state election law. One of the new provisions would allow county commissions to discontinue the use of voting machines and replace them with a voting system that meets the requirements of “The Help America Vote Act of 2002” six months prior to a primary or general election.
Senate Bill 524 relates to the Council for Community and Technical College Education and the PROMISE Scholarship Board of Control. The bill was a direct result of the State Supreme Court’s ruling in the economic development grants case regarding the appointment of board members by the Governor who have been selected by the Speaker of the House of Delegates and the President of the Senate.
House Bills that have completed legislative action since Feb. 19th:
House Bill 4011 brings terminology in the West Virginia Personal Income Tax Act into conformity with their meanings for federal income tax purposes.
House Bill 4012 updates the meaning of “federal taxable income” and other terms used in the state’s Corporation Net Income Tax Act. Terminology addressed in this legislation will adhere to the definitions used for federal income tax purposes.
House Bill 4287 removes certain provisions of current law pertaining to salaries for certified employees.
House Bill 4348 will expire funds to the Treasurer’s Office – Banking Services from the Treasurer’s Office – Unclaimed Property Trust Fund.
House Bill 4349 makes technical corrections to sales tax law and would update the current law relating to the Streamlined Sales and Use Tax Agreement among the states to continue the state’s role as a decision-maker in executing the agreement.
Interactive website brings Legislative process home
In 1999, the West Virginia Legislative website received around one million visitors per month. Today, that number is so high that it is almost impractical to count. Each session, the website is used by thousands of citizens across the state as a valuable source of information that can be easily accessed. The website was started in 1997 and is updated each year with new features to make it more accessible and interactive for public access. Along with a new design, the 2004 website now offers a more personalized way to track and monitor bills. The Personalized Bill Tracking system was created to help citizens easily monitor bills that are of concern or interest to them. To access this system, a username and password is required along with the bill numbers. Once a bill number is entered, you can sign-in at any time and view a personalized page of selected bills that includes the most current considerations, actions, and information regarding those bills. If a person does not know the number of a bill, the website also features a topical search section under the Bill Status portion of the site. Bill Status offers a variety of features that allows an individual to search for bills by a selected sponsor, look at bills that have been introduced or passed and follow the history of a bill. Unlike last year, Bill Status now contains full text versions of every bill for a more detailed and in-depth look. In addition, the site also allows a person to type in a zip code under District Information to retrieve state representatives’ names, phone numbers, e-mail addresses, and capitol office numbers. Under this section, a user can also view a interactive touch map of any district area in the state. Along with these new additions, the legislative internship portion of the website was awarded the 2003 Henry Award of Excellence by the National Conference of State Legisla
tures (NCSL). The NCSL works to improve the quality and effectiveness of state legislatures and ensure that states are a strong voice in federal decision making while fostering interstate communication and cooperation. The website was recognized for its promotion of the state legislative internship programs along with emphasizing the valuable experience an intern learns as they work one-on-one with state leaders. All five internship programs are described in depth on the site along with pictures and quotes from former interns on their experiences. Any interested student also can download a copy of an information packet and fill out an online application form for the programs. Not only can the website be used to disseminate information to the general public, but also it can help individuals receive information and accumulate data. The website works as a internal communications network by giving individuals or state groups the capability to answer questions through surveys. These surveys encompass a variety of issues such as education and state law, which are then sent to various groups and individual representatives throughout the country. Through these surveys, lawmakers are able to retrieve results faster when deciding important issues in a short time span. The interim committees issue specific surveys each month regarding scheduling needs and concerns.
In the House
As of 4 p.m. Feb. 18, 2004, the 36th day of the Regular Legislative Session, 1,154 bills have been introduced in the House of Delegates. Of these, the following 21 bills have passed in the House since Feb.11 and were sent to the Senate for its consideration.
Committee Substitute for House Bill 2200 would make the destruction of property a felony offense. Under this bill, the penalty for taking, defacing or destroying property would be a misdemeanor and punishable by a fine of no more than $500 or jail time of no more than one year. Taking, defacing or destroying property worth more than $2,500 or more would be a felony, with a fine of no more than $2,500 or jail time of one to 10 years. Taking, defacing or destroying property that designates boundaries would be a misdemeanor with a fine of $20 to $200 or one to six months in jail.
Committee Substitute for House Bill 2914 relates to the rehabilitation and liquidation of insurers under the jurisdiction of the West Virginia Insurance Commissioner. This bill would modify current state law relative to liquidation proceedings to create conformity with a recent federal case law.
Committee Substitute for House Bill 4001 would ensure safer schools and empower teachers by automating student suspension and expulsion data. The bill also includes provisions that would refocus school and county improvement plans, revise school performance measures, and specify a salary cap of $107, 250 for the director of the Office of Education Performance Audits. Under this bill, the State Board of Education would establish early detection and intervention programs to assist underachieving schools and school systems.
House Bill 4134 would replace the Secretary of the Department of Commerce, Labor and Environmental Services with the Governor’s Chief Technology Officer as a member of the Employee Suggestion Award Board. The bill also would increase membership in the program by one senator and one delegate.
Committee Substitute for House Bill 4143 would create a West Virginia Center for Nursing to establish a statewide strategic plan addressing the nursing shortage in the state. Starting July 1, 2004, the West Virginia Nursing Shortage Study Commission would be dissolved and its powers and responsibilities would be transferred to the West Virginia Center for Nursing. The center would facilitate the recruitment and retention of nurses.
House Bill 4160 would require anyone working in a health care-related field to report to Adult Protective Services any suspected abuse or neglect of an incapacitated adult or faculty resident. The bill also would require Protective Services to interview the victim within 72 hours of receiving the report.
Committee Substitute for House Bill 4250 would prohibit anonymous complaints against court appointed psychologists or psychiatrists relating to a child custody evaluation. If the complaint relates to a child custody proceeding, the claimant would be responsible for all related fees if the psychologist or psychiatrist is not held liable. If the licensed psychologist or psychiatrist is found liable, then the psychologist or psychiatrist is responsible for fees for the claimant.
Committee Substitute for House Bill 4266 would require some regulatory agencies to study ways to expedite the issuance of licenses, permits and certifications. Agencies which would be included are the Division of Labor, the Office of Miners Health, Safety and Training, the Division of Forestry, the Office of Health Facilities Licensure and Certification within the Department of Health and Human Resources, and the Department of Environmental Protection, except for the Oil and Gas Inspectors Examining Board.
Committee Substitute for House Bill 4273 would transfer the authority to appoint guardians of minors from the County Commission to the Family Court.
Committee Substitute for House Bill 4282 would authorize crossbow hunting for disabled persons. The bill also would include provisions prohibiting shooting at any wild animal unless it is plainly visible; and, the use of using artificial light to hunt, locate, attract, or trap these animals. Also, the bill would prohibit any person from having a bow and a gun together when hunting in the fields or woods of West Virginia.
Committee Substitute for House Bill 4338 would provide for the issuance of special registration plates promoting education and allow the use of the special fee for the registration plates to fund transportation for school trips.
Committee Substitute for House Bill 4373 would make it a crime to alter a traffic-control device with an infrared or electronic device. Using these devices would be a misdemeanor offense punishable by a fine of no more than $500 and/or jail time of up to six days.
House Bill 4451 relates to the West Virginia Capital Company Act, and would clarify that the Economic Development Authority and Tax Commissioner would be authorized to require certain examination and compliance actions. This bill would require each capital company to be audited annually.
House Bill 4478 would lengthen the time period that county boards are required to publish a year-end financial statement from 60 days to 90 days. The reports would include the receipts and expenditures during the previous fiscal year; the name of each firm, corporation, and person who received more than $250 during that year; and, all debts and information regarding the debts.
Sunset legislation:
House Bill 4418 would continue the Board of Architects until July 1, 2014. House Bill 4419 would continue the Board of Landscape Architects until July 1, 2009.
House Bill 4479 would continue the Department of Health and Human Resources until July 1, 2005. House Bill 4480 would continue West Virginia’s participation in the Interstate Commission on the Potomac River Basin until July 1, 2010.
Completed Legislation
Of the six bills that have been sent to the Governor, the following two completed legislative action since February 12th:
Committee Substitute for Senate Bill 251 will provide requirements and limitations for mandatory nurse overtime in hospitals. The bill will allow nurses to work overtime for the completion of a single patient procedure, or during a natural disaster, an outbreak of disease or under similar emergent circumstances. Nurse anesthetists and any nurse consenting to work additional hours will not be impacted by this legislation. The House amended the bill by specifying that any fines imposed on violating hospitals will be directed to the Health Care Authority.
House Bill 4020 will protect personal information maintained by state agencies within the legislative, executive and judicial branches of state government from inappropriate disclosure. The personal information protected under this legislation includes an individual’s home address, social security number, credit/ debit card numbers, driver’s license identification number, marital status and maiden name.
In the Senate
As of 4 p.m., Wednesday, February 18th, 2004, the 36th day of the 2004 Regular Session, 561 bills have been introduced in and 47 Senate Bills have been passed by the Senate. Of those, the following 12 bills have been passed by this body since February 12th and are currently under consideration in the House of Delegates:
Committee Substitute for Senate Bill 71 relates to verifying the legal employment status of state workers. Within the legislative findings of this measure, it is stated that employers have the responsibility to verify the legal status of all employed individuals and report their employment to the appropriate governmental agencies. The purpose of this legislation is to make technical corrections to bring current state law into conformity with federal law.
Committee Substitute for Senate Bill 125 would permit the solicitation of certain state employees for contributions to campaigns for or against ballot issues in county or local elections. The bill also amends current law by removing the cap on campaign contributions in national elections.
Committee Substitute for Senate Bill 240 would provide that a governing body with seven or less members would not be required to have a second to any motion presented to the board unless the governing body adopts procedural rules requiring them.
Committee Substitute for Senate Bill 261 would allow for a supplemental assessment by an assessor of personal property when this property has been removed from the record books.
Committee Substitute for Senate Bill 271 would require racial profiling data be collected by law-enforcement officers and agencies each time a motorist is stopped for an alleged violation of the law. Among other information, a law-enforcement officer would report the identifying characteristics of the driver; the location and duration of the stop; and, if a warning or citation was issued.
Senate Bill 276 would establish a marriage license discount for applicants who complete approved premarital counseling. This discount would be enacted for those couples completing courses consisting of at least four hours of instruction regarding conflict management, communication skills, financial responsibilities and parenting responsibilities.
Committee Substitute for Senate Bill 425 would designate English as the official language of West Virginia. Upon passage of this bill, no state agency or political subdivision would be required to provide or prohibited from providing foreign language versions of any written materials.
Senate Bill 479 relates to the licensing of foreign insurers. Under this legislation, a foreign insurer licensed to operate in this state would be permitted to conduct insurance business in West Virginia without securing the certificate of authority from the Secretary of State. Senate Bill 501 would add the West Virginia State Police, the Teachers’ Defined Contribution and the Deputy Sheriff retirement systems to the definition of “retirement plan” pertaining to benefit disqualification because of less than honorable service. In addition, the bill also extends the time frame for a termination of benefits notice from one to two years following a conviction.
Senate Bill 509 would permit the person or persons who owned property sold at a sheriff’s sale to receive any surplus from the sale upon filing a proper claim.
Senate Bill 524 relates to the Council for Community and Technical College Education and the PROMISE Scholarship Board of Control. Under this legislation, the process of appointing members to these boards would be brought into conformity with a recent West Virginia Supreme Court ruling.
Senate Bill 526 would make supplemental appropriation of public moneys from an unappropriated surplus balance in the general revenue to the Division of Rehabilitation Services for Fiscal Year 2004.