Page 391 – Wrap Up

In the Senate

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January 25, 2006

As of 4 p.m., Wednesday, January 25, 2006, the 15th day of the 2006 Regular Session, 276 bills have been introduced in the Senate. Ten bills have been passed by the Senate, including Senate Bill 247, which has completed legislative action.

One measure passed this week was Senate Bill 13, which would require cross-reporting of suspected abuse or neglect of individuals or animals. If a child protective service worker, adult protective service worker, law-enforcement officer or humane officer responded to an alleged incident of domestic violence or animal cruelty, he or she would be required to report any suspicion of further abuse or neglect, unrelated to the current incident, of a child, an incapacitated or elderly person, or an animal to the local child protective services agency of the Department of Health and Human Resources or the county humane officer. This measure will now go to the House for its consideration.

A Sampling of Bills Introduced in the Senate

Senate Bill 219 would prohibit a minor with a learner’s instructional permit or provisional license from using a handheld or hands free cell phone while driving unless he or she is contacting a 9-1-1 system.

Senate Bill 222 would create a fund to reimburse group life insurance premiums for National Guard members called to active duty in combat areas by establishing a Service Members’ Group Life Insurance Reimbursement Fund in the State Treasury administered by the Department of Military Affairs and Public Safety. The provisions of this bill would apply only to premiums paid on or after the date the bill would be passed.

Senate Bill 223, which relates to the examinations of insurance and health care entities, would increase the time insurers, rating organizations and certain health care entities may respond to examination reports from the Insurance Commissioner. The bill also would clarify the Insurance Fraud Prevention Act to apply to certain health care entities and increase the minimum period in which examinations of certain health care entities must be conducted by the Insurance Commissioner.

Senate Bill 225 would provide a one-time supplement for public employee and teacher retirees who have been members of the retirement system for more than 10 years and for retirees who have been members for more than five to 10 years. The bill also would exempt the one-time supplement from West Virginia taxes.

Senate Bill 231 would prohibit an individual who has violated the terms and conditions of his or her probation or home confinement from being granted parole until he or she serves a minimum of one year in prison or until he or she is eligible for parole provided that the individual will not be up for parole for at least one year.

Senate Bill 236 would expand the definition of child abuse or neglect regarding the “imminent danger to the physical well-being of the child” to include a parent or parents who habitually abuse or are addicted to alcohol, controlled substances or drugs to the extent that they are no longer able to maintain proper parenting skills.

Senate Bill 245 would create the Consolidated Local Government Act. This measure would establish processes for municipalities and counties to consolidate, or for a county to consolidate with its principal city, to form a metro government.

Senate Bill 246 would provide a salary supplement of $2,500 and expense reimbursements to professional personnel who have a nationally recognized certification in speech-language pathology, audiology or counseling.

Senate Bill 253 would change the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program and defer repayment of the loan while the student is enrolled in a West Virginia institution of higher education or working in West Virginia after graduation. The loan would be forgiven each year the graduate who received the PROMISE files a West Virginia resident personal income tax return and completely forgiven after four years of filing.

Senate Bill 258 would prohibit any individual other than the owner of a dog, including hunting dogs, from removing identification tags, collars or apparel from a dog or disabling a device worn by a dog to aid in its retrieval without the permission of the owner. A person who would violate this provision would be guilty of a misdemeanor penalty and, if convicted, either would be confined to jail between 90 days and six months, and/or fined $100.

Senate Bill 260 would create a registry of convicted clandestine drug lab operators. This registry would provide information regarding such criminals and direct the Criminal Identification Bureau of the State Police to establish a Web site for the public to use to access information regarding the registry.

Senate Bill 264 would designate English as the official language for West Virginia. The bill would not require or prohibit any state agency or political subdivision from providing any documents, information, literature or other written materials in any other language.

Senate Bill 265 would add to the West Virginia Veterans Memorial Monument the names of all West Virginians who died while serving the United States in the Kosovo, Afghanistan or Iraq conflicts.

Senate Bill 267 would prevent the Public Employees Insurance Agency (PEIA) from raising retired employees’ premiums more than 5 percent above premium rates starting January 1, 2006, until the Legislature creates a cost of living adjustment for retired employees receiving annuities from public retirement plans administered by the Consolidated Retirement Board.

Senate Bill 268 would require a mandatory alert when natural gas or other petroleum product pipeline facilities are seen damaged during commercial activities near pipeline facilities. Individuals violating the provisions would suffer a civil penalty of no more than $100,000 per day until the violation is corrected, and/or would be guilty of a misdemeanor and be fined $10,000.

Senate Bill 276 would create a special unit within the State Police known as the Child Abuse and Neglect Investigations Unit which would focus on child abuse or neglect cases and help Child Protective Services identify criminal violations.

In the House

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January 25, 2006

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As of 4 p.m., Wednesday, January 25, the 15th day of the 2006 Regular Session, 754 bills have been introduced in the House of Delegates. Of those, 17 bills have been passed by the House and sent to the Senate for its consideration. The following 15 bills also were passed by the House since Thursday, January 19:

House Bill 2329 would authorize a court to order a defendant to contribute monetarily or through service hours to a local crime victim’s assistance program or juvenile mediation program. The defendant convicted of a felony or misdemeanor who caused physical, psychological or economic injury or loss to a victim, in addition to other penalties, could be required to use personal time or money to particular non-profit causes approved of by circuit court judges.

House Bill 2448 would create a new felony offense for the theft of mail and the possession of stolen mail. If convicted, the defendant would be imprisoned for a period of 1-5 years with a fine of no more than $2,500. However, misdirected or misaddressed mail would be exempt from this measure.

House Bill 2945 would prohibit solicitors who request water samples from state residents from doing so unless they attach a note that would identify the name of their company, the address and telephone number. Violators would be charged $200 for each violation.

House Bill 3212 would establish a misdemeanor offense for first-time intimidation against public officers and employees, jurors, witnesses and informants, including elected and appointed officials. A felony would be established for second time offenders.

House Bill 3213 would establish various offenses of assault and battery against any person who operates a vehicle used for public travel. Those found guilty of malicious assault on a driver could receive 3-15 years in a state correctional facility. If the attack is committed without malice, making it an unlawful assault, a person could be sentenced to 2-5 years in a correctional facility.

House Bill 4011 would create a special unit within the state police specializing in child abuse and neglect investigations. It would be named the State Police Child Abuse and Neglect Investigations Unit and would focus on identifying, investigating and prosecuting criminal child abuse and neglect cases, in coordination with Child Protective Services. The investigation unit would include a minimum of six State Police members as well as five regional members who would coordinate investigations with other law enforcement personnel for cases of suspected child abuse or neglect.

House Bill 4012 would create a state child abuser registry and establish penalties for persons convicted of child abuse or neglect for failure to properly report registration information. A registrant would be required to provide their full name, including aliases and nicknames. Furthermore, the registrant’s address, social security number, fingerprints, a description of the registrant’s crime(s) and the address where they intend to work would be included in the registry.

House Bill 4019 would repeal the section of State code that directs the Legislature to prepare and distribute a digest or summary of the Budget Bill each year after its passage.

House Bill 4021 would create a pilot program of health care participants to provide primary and preventive health services for a prepaid fee. Participants in this program would be health care clinics and private medical practitioners. A Commission on Health Care Reform would be established with this legislation and the Appalachian State Health Plan would be created to provide health care coverage to state citizens.

House Bill 4037 would correct definitions that would apply to the assessment of real property. This legislation would provide that all real property “used and occupied exclusively for residential purposes” is taxed as Class II property. Also, this legislation would allow a second home to be classified as Class II property. The amendments in this bill would be effective retroactively for July 1, 2005, for tax year 2006 and thereafter.

House Bill 4038 would allow surplus personal computers and technology owned by state organizations to be donated and transferred to county school boards for educational purposes. Donated technology would be inspected by state authorities to ensure that it meets the minimum criteria for use within the public school system. If approved, the computers would then be advanced to the State Agency for Surplus Property and the Department of Education.

House Bill 4040 would require voter approval before a closure or consolidation of certain schools with grades eight or below in situations when new building construction or an addition of two or more classrooms are involved, provided the closure or consolidation was not included in a local bond issue levy approved by the voters. Before any decision of a county board on a proposal to close or consolidate a school can be finalized, the board would be required to conduct a public hearing. Also, a petition of voters is required for elections to be held.

House Bill 4048 would prohibit the use of eminent domain for private interests. With this bill, eminent domain could not be used for the purposes of private retail, office, commercial, industrial or residential development. This would not apply to property that is considered to be in blighted or slum areas.

House Bill 4049 would create the “Higher Education Grand Fund.” Furthermore, this measure would expand eligibility for the PROMISE scholarship to particular students who attend high school outside of West Virginia, due to a parent(s)’ involvement with the U.S. military. Funding for the PROMISE Scholarship would be capped at 2 percent growth per year; thus, any higher education provider in the state would be required to set tuition hikes at 2 percent as well.

House Bill 4069 would continue the Rural Health Advisory Panel until July 1, 2009. The Rural Health Advisory Panel oversees the administration of the West Virginia Rural Health Education Partnerships and advises the Vice Chancellor for Health Sciences of the Higher Education Policy Commission.

State Lawmakers Rapidly Respond to Mine Rescue Procedures

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January 25, 2006

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State Lawmakers Rapidly Respond to Mine Rescue Procedures

State Flag Hangs at Half-Mast For the second time in less than three weeks, the West Virginia state flag hangs at half-mast outside the State Capitol Building to honor coal miners who lost their lives. Two coal miners passed away after rescue teams were unable to save them following an underground fire at the Aracoma Alma Number One Mine on Thursday, January 19. This disaster followed the Sago Mine tragedy where 12 minors died after an underground explosion on January 3. In response to the recent tragedies, the State Legislature passed a bill that greatly increases safety regulations and standards coal mining companies must follow. The accidents also have prompted the Federal Government to discuss the deficiencies in current mine safety. (Photo: Shane Evans)

Less than three weeks after the tragic Sago mine accident in Tallmansville, WV in which 12 miners lost their lives, a second mining tragedy in Logan County last week claimed two more West Virginians. With the eyes of the nation once again focused on the Mountain State, members of the State Legislature acted quickly to develop life-saving legislation in regard to mine and industrial emergencies.

Although the investigations into the causes of these mine accidents that have impacted so many of the state’s citizens are still ongoing, the West Virginia Legislature worked diligently throughout the day on Monday, January 23rd to see to the approval of legislation directly affecting mine safety regulations.

Following the Aracoma Coal Mine disaster, Senate President Earl Ray Tomblin took an historical step by leaving his podium and introducing a measure from the Senate floor. In an unprecedented speech, President Tomblin appealed to his colleagues to suspend the Constitutional Rules that call for a bill to be read on three consecutive days, and enact immediate and necessary changes to current mine safety laws.

In less than eight hours, members of both the State Senate and House of Delegates discussed and passed Senate Bill 247, which mandates immediate and crucial upgrades in West Virginia’s rescue technology and provides for better communication among local and state officials and mine operators when an accident occurs.

Along with the passage of this measure, the first of its kind, the Speaker of the House of Delegates Robert “Bob” Kiss developed a special House Committee on Mine Safety to further study mine safety issues. This bi-partisan committee will look into additional policy changes that can be made during the current 60-day Session.

With the passage of Senate Bill 247, West Virginia has taken the lead in mandating the usage of this technology in every mine within its borders and has once again forged ahead in establishing mine safety standards. In 1968, the federal government passed the Mine Safety and Health Act in response to the devastating mine explosion that killed 78 miners in Farmington. And in 1972, Congress revamped federal laws pertaining to settling pond construction after 125 people were killed by flooding caused by an impoundment break along Buffalo Creek.

As lawmakers in Washington D.C. take notice of the major developments in mine safety contained within Senate Bill 247, the West Virginia Legislature’s unanimous approval of this measure is proof of its steadfast dedication to improving mine safety efforts here in the Mountain State. Although the bill is not a cure-all to prevent further mine tragedies, it is a major step in developing policies that can aid in the rescue of mine accident victims.

Brief Summary of Senate Bill 247

Senate Bill 247, passed by the Legislature on Monday January 23, 2006, seeks to provide additional safety and rescue provisions to enable expeditious response and prolong survivability within a mine after an accident occurs. The bill touches upon three major concepts: additional oxygen supplies; upgrades in specific technologies; and, greater streamlining of response efforts within local and state entities.

The bill requires oxygen apparatuses to be strategically placed throughout underground mines to provide extended caches of breathable air for those trapped by a mining accident. These breathing devices could provide valuable time for miners who find themselves barricaded underground. In addition, battery powered strobe lights and lifeline cords could be connected to these caches for visibility and access.

The use of wireless technology is a major component of the new safety regulations, including the required use of wireless emergency communication devices and wireless tracking systems. With communication a key aspect in rescue efforts, utilizing wireless devices that will keep those miners who are underground in contact with those on the surface will be crucial to their recovery.

Along those lines, the use of wireless tracking systems to provide real-time monitoring of the actual location of each miner underground may enable rescue teams to have the ability to know where to start searching and possibly reach those trapped in a more expeditious manner. This tracking information, however, could not be used against a miner in non-emergency situations.

To avoid further delay in the response and recovery when a disaster hits, the bill requires the mine operator or foreman in charge of the mine to notify local authorities or contact the newly created statewide Mine and Industrial Accident Emergency Operations Center within 15 minutes of realizing an accident has occurred.

This center, which is to be maintained by the Division of Homeland Security and Emergency Management, will become the official and primary state government communications hub for dealing with mine and industrial accidents. The Division also will be required to establish a 24-hour statewide telephone hotline to increase communication in disaster response.

Vol. XVII Issue 1

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January 18, 2006

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In the Senate

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January 18, 2006

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As of 4 p.m., Wednesday, January 18, 2006, the eighth day of the Regular Session, 218 bills have been introduced in the Senate.

A Sampling of Bills Introduced in the Senate

Senate Bill 12 would make the use of handheld cell phones while driving an automobile a misdemeanor. The use of headsets or speaker systems would be an exemption in the proposed law. The bill would impose a fine of $100 or less for the first conviction and would not allow for points to be entered on convicted individuals’ drivers licences.

Senate Bill 13 would require child protective service workers, adult protective service workers, law-enforcement officers and humane officers in the pursuit of an investigation, to report to the appropriate agency or agencies if they find reason to suspect abuse of an individual or animal, other than those that were the subject of the initial investigation.

Senate Bill 18 would provide tuition waivers for the children or spouses of parole and probation officers who were killed in the line of duty.

Senate Bill 26 would require health insurance companies to cover the costs of smoking cessation services in the same manner the company covers other pharmaceuticals. The bill would allow for a fine of $10,000 to be imposed upon the insurance company for violations of this bill. An additional $10,000 could be imposed every 30 days that the insurance company does not comply with the legislation.

Senate Bill 70 would raise the amount of the Children’s Health Insurance Program (CHIP) coverage from 200 percent to 300 percent of the federal poverty level.

Senate Bill 75 would make it illegal to sell candy or fruit flavored cigarettes in West Virginia. Violations of this law, upon conviction, would result in a fine of $500 or less for the first conviction, and a fine of $1,000 to $5,000 upon each additional conviction and/or six months in jail.

Senate Bill 77 would allow for Emergency Medical Technicians (EMTs) to administer epinephrine to patients to treat allergic reaction and anaphylaxis. This bill would not impose a standard of care not already required by law.

Senate Bill 78 would increase the penalties for the use or possession of tobacco products by minors, including having drivers license privileges revoked until the age of 18, upon a second conviction.

Senate Bill 145 would require the State Board of Education to adopt and disseminate guidelines for individual diabetes care plans and require the local boards of education to implement these guidelines. As part of this measure, the information would be made available to teachers and other school personnel in order that appropriate support and assistance be given to students with diabetes. The bill would require the information in the diabetes care plan to meet or exceed the American Diabetes Association’s recommendations for care of children with diabetes in the school or child care environment.

Senate Bill 146 would raise the state minimum wage from $5.15 to $5.85 on June 30, 2006; $6.55 on June 30, 2007; and, $7.25 on June 30, 2008. This bill would raise the minimum wage in accordance with federal legislation currently being considered by Congress.

Senate Bill 147 would require non-government West Virginia employers with more than 10,000 employees to pay into a state fund to help subsidize state Medicare expenditures. Non-profit organization employers that do not pay 6 percent of the total wages into health care costs would be required to make payment, of the difference paid and amount due, into the state fund. Employers that are not non-profit and do not pay 8 percent of the total wages to health care costs would have to make up the difference through payment into the state fund.

Senate Bill 154 would create a sales tax exemption for certain e-commerce software companies. This exemption would seek to encourage these types of business to locate in West Virginia.

Senate Bill 160 would require the agency state, county or municipality that makes the initial arrest of a suspect to pay for the costs incurred for the first 24 hours of the individual’s incarceration.

Senate Bill 166 would restructure the State Parole Board. The board currently has five members. This bill would increase the number of members to nine and allow for the Governor to appoint the Chair of the Board.

Senate Bill 176 would allow for higher education providers to increase fees for students taking more than full-time hours. Undergraduate students taking 16 hours or more or graduate students taking nine or more hours could be charged for the additional hours taken above full-time (12 hours) at a rate of 1/9th of full-time rate per credit hour.

Senate Bill 179 would allow state employees who were unable to convert their sick leave time into their retirement fund, because they used it during a time of sickness, to buy it back through withholdings from their future pay.

Senate Bill 187 would require all local Boards of Education to develop and implement standards for all public school students to wear uniforms by 2008.

Senate Bill 202 would allow for the selection of the West Virginia Supreme Court Judges to be through nonpartisan election. The selection of judges would be through General Election beginning in 2008.

Senate Bill 208 would authorize Public Land Corporations to condemn abandoned structures in water ways that could cause potential flooding and erosion problems. The bill would allow eminent domain to be imposed by the Public Land Corporation on structures that pose potential flood damage. The bill would allow eminent domain only on structures placed on state land by right of entry granted by the state that cause obstruction to a water way, or could cause potential flood problems, or if the structure does not meet the specifications stated in the right of entry. Failure to obtain a right of passage would result in a fine not to exceed $500 per day that the violation exists.

In the House

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January 18, 2006

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As of 4 p.m., Wednesday, January 18, 2006, the eighth day of the 2006 Regular Session, 692 bills have been introduced in the House of Delegates. Of those, two bills have been passed by the House and sent to the Senate for its consideration. The bills that have passed are:

House Bill 2136 would require the clerk of the county commission to execute, record and post in a prominent place in the county record room, a disclaimer of the validity and enforceability of certain restrictions and covenants in deeds. The document would contain a disclaimer stating the following: It is the law of this state that certain covenants or restrictions that are based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable.

House Bill 4007 would update appraisal standards employed by the Public Land Corporation to determine fair market value of public lands. Under this bill, sales, exchanges or transfers of public land would be conducted under competitive bidding procedures, unless the secretary determines it necessary to assure public policies.

A Sampling of Bills Introduced in the House

House Bill 2134 would provide a two-tiered personal income tax credit for parents who provide home schooling. A parent or legal guardian who is a resident of West Virginia would be entitled to receive a tax credit against his or her personal income tax liability. The tax credit would be effective upon completion of a school year in the amount of $500 per child for providing home schooling and in the amount of $1,000 per child for providing private schooling pursuant to the educational requirements set by the State Board of Education for primary and secondary programs and standards.

House Bill 2208 would make available to retired participants in the Public Employees Insurance Agency (PEIA) the optional dental, vision, and audiology and hearing-aid services that are available to current employees. Public employees insurance participants would be able to elect to participate in any one of these plans separately or in combination.

House Bill 3176 would clarify the exemption for property used by not for profit, tax exempt corporations operating homes for the aged or continuing care retirement communities from property taxes.

House Bill 4010 would create the Office of Family and Child Protection Ombudsman to safeguard abused and neglected children and families. The Ombudsman would coordinate efforts on behalf of children and families, work with advocacy groups, and advocate or promote reforms and changes in law necessary to enhance the protection of children and families involved in abuse and neglect cases.

House Bill 4016 would amend West Virginia Code to require certification that the offer of proof of the value of property sought to be introduced in an action or suit be at least 90 percent accurate.

House Bill 4018 would create quarterly meetings of the Community Corrections Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction and increase revenue to the West Virginia Community Corrections Fund. The committee would be assigned responsibility by community criminal justice boards and be comprised of 15 members of the Governor’s Committee including: a representative of the Regional Jail and Correctional Facility Authority; someone representing the interests of victims of crime; an attorney employed by a public defender corporation; an attorney who practices criminal law; a prosecutor; and, a representative of the West Virginia Coalition Against Domestic Violence.

House Bill 4020 would introduce flexibility in health insurance plans to allow insurers to offer basic benefits. This would include preventive and primary care services at affordable prices. The authorized sale of policies with limited benefits including physicians, inpatient and outpatient care, with an emphasis on preventive and primary care, would help provide insurance coverage to many West Virginians without any such coverage.

House Bill 4021 would establish a pilot program overseen by the Health Care Authority. Through the program, it would be determined if the method of providing primary and preventive health services to subscribers for a prepaid fee could be expanded on a statewide basis.

House Bill 4032 would authorize the Consolidated Public Retirement Board to charge employees who participate in a state retirement system and fail to pay retirement collections in a timely manner. The delinquency surcharges would approximate the interest of earnings lost as a result of late payment with a minimum surcharge of $50 per month.

House Bill 4041 would provide limited immunity to persons who volunteer their services in good faith to public health departments. The limitation of liability would not apply to intentional tortuous conduct or acts of gross negligence.

House Bill 4045 would prohibit the state of West Virginia and its political subdivisions from exercising eminent domain to advantage one private property owner over another and only in cases when it is necessary for public use. Public use would be determined as the possession, occupation, and enjoyment of the land by the general public or by public agencies; or the use of land for the creation of public utilities. Private property would be taken or damaged if the land serves a harmful effect, to remove a public nuisance, if the structure is beyond repair or unfit for human use. The public benefits of economic development, including an increase in tax base, tax revenues, employment and general economic health would not constitute a public use.

Legislative Session Begins as State Remembers Sago Miners

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January 18, 2006

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Legislative Session Begins as State Remembers Sago Miners

The West Virginia Coal Miner In the mulched area surrounding the “West Virginia Coal Miner” lie bouquets of flowers, small American flags, and several fully exhausted candles. They serve as symbols of remembrance for the 12 miners who lost their lives and the sole survivor following the mine explosion in Tallmansville, located in Upshur County on January 2. The statue is located directly outside the Main Capitol Building, near the Cultural Center and the West Virginia War Veterans Memorial. Designed and sculpted by native West Virginian Dr. Burl Jones, “The West Virginia Coal Miner” stands, “in honor and in recognition of the men and women who have devoted a career, some a lifetime, towards providing the state, nation, and world with low-cost reliable household and industrial energy.” Four illustrations depicting different aspects of coal mining adorn the statue’s base. The statue was commissioned by the 74th Legislature and officially dedicated on December 4, 2002. (Photo: Shane Evans)

For the Legislature, the beginning of a new year signifies the beginning of a new legislative session – and a new opportunity to move the state forward. This new year, however, brought with it much heartache for the people of West Virginia. And when lawmakers convened at the Statehouse for the beginning of the 2006 Regular Session, it was clear that while the business of the state was on the agenda, so were sentiments of remembrance and remorse for the Sago miners and their families.

With the tragedy that occurred on January 2 in Tallmansville, WV, state and federal leaders have initiated investigations into the events surrounding the disaster. To avoid duplicating the inquiries, a bi-partisan legislative committee comprised of six lawmakers will be working with state investigators to determine what went wrong inside the mine and how such a distressing communications breakdown could occur outside of it.

This legislative component was added to not only provide a broader perspective from the committee members’ diverse constituencies during the course of the examination, but also to determine any necessary policy changes that could improve mine safety and rescue efforts.

While lawmakers continue to follow the Sago investigations, they also are moving forward with a detailed legislative calendar involving certain issues that, according to the Senate President and Speaker of the House, will likely take center-stage as the Regular Session advances. These span a variety of important matters, including the availability and affordability of health care for working West Virginians; the protection of children from abuse and neglect; and, the state’s financial standing, both now and in the future.

Although the final versions may be more far-reaching, the Legislature is working on two proposals that address citizens’ access to affordable health care. One would establish a pilot program for clinic-based health care by authorizing participating clinics and private medical practitioners to provide basic, preventive services for a prepaid fee. For more comprehensive coverage, lawmakers also are working on an insurance plan that would allow insurers to offer basic benefits that include primary and preventive care at affordable prices.

To provide for enhanced protection of West Virginia’s children, lawmakers are considering legislation that would create a special unit within the State Police to assist Child Protective Services (CPS) in child abuse and neglect investigations. Additionally, separate legislation would direct the State Police to create a state child abuse registry to further support law enforcement and CPS in monitoring the status and location of individuals convicted of these crimes.

On a similar note, members of the Legislature are looking at legislation that would provide for additional public protection from sex offenders by strengthening penalties and registration requirements. And, as lawmakers look to buckle down on sex offenders, they also will be addressing the potential need for the increased development of alternative sentencing programs.

With prison populations and operating costs projected to continue rising, legislators may consider policy measures to provide that non-violent criminals receive necessary rehabilitation and community service programming, while the most heinous and violent criminals remain incarcerated.

As part of their annual charge to balance the state’s budget, lawmakers also are considering various options for the 2006-07 budget, as well as the state’s financial future. The Executive Branch recently presented a five-year outlook of the state’s revenues and expenditures. This forecast revealed that while West Virginia’s financial picture looks strong now, there are major fiscal challenges on the horizon. According to this projection, the state could see a deficit in 2008 that could continue to grow through 2011.

In preparation for future shortfalls, the Legislature is considering increasing the Rainy Day Fund from 5 to 10 percent of the General Revenue Budget and ways to use some of the current surpluses to pay down the state’s debts. Also, in light of the present budgetary outlook, lawmakers may look to address certain immediate concerns by striking a balance between fiscal responsibility and providing the citizens of West Virginia with as much relief as possible.

Although the year began on a heavy-hearted note, members of the State Legislature, much like the citizens they represent, remain fortified in their commitments to move forward for the betterment of the state — and for the continued enrichment of a way of life that so many Americans, whose eyes have been fixed on West Virginia, now know is real, honest and invaluable.

Fourth Special Session-2005

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September 30, 2005

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Appropriations – Supplemental

House Bill 417 makes a supplementary appropriation to the West Virginia Conservation Agency, Department of Health and Human Resources, Division of Human Services, Department of Education, Division of Veterans’ Affairs and other state agencies for expenditure during Fiscal Year 2006.

House Bill 422 makes a supplementary appropriation of public money out of the State Treasury from the balance of money remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Administration – Consolidated Public Retirement Board.

Senate Bill 4014 makes a supplementary appropriation of public money out of the State Treasury from the balance of money remaining as an unappropriated balance in the State Excess Lottery Revenue Fund, to the Lottery Commission, Excess Lottery Revenue Fund Surplus.

Senate Bill 4015 supplements, amends, reduces and increases items of existing appropriation from the Department of Agriculture, Agriculture Fees Fund for the fiscal year ending on June 30, 2006.

Senate Bill 4016 is a supplemental appropriation bill that transfers $50,000 from the state’s General Revenue Fund to the West Virginia Agricultural Land Protection Authority.

Senate Bill 4017 supplements, amends, reduces and increases items of the existing appropriations from the State Fund, General Revenue, to the Department of Health and Human Resources – Division of Human Services, and the Higher Education – Higher Education Policy Commission – System – Control Account.

Education

Senate Bill 4010 revises certain provisions of State Code pertaining to the proposed merger of the Teachers’ Defined Contribution Retirement System (TDC) with State Teachers Retirement System (TRS). This legislation ensures that teachers’ salaries are calculated accurately for benefit determinations and that any fees associated with the merger are paid. Among other provisions, this bill clarifies loan eligibility; establishes the date on which money must be in a member’s account to be eligible to vote in the merger election; and, clarifies that a member may choose either periodic payments or a lump sum distribution of his or her total vested account at the time of the merger, provided that certain conditions are met.

Elections

House Bill 402 requires the disclosure of electioneering communications and prohibits corporate disbursements for electioneering communications. The bill defines “electioneering communications” as any attempt to influence a candidate’s election. The electioneering communication must include a candidate’s name and has to take place within 60 days of the general election or 30 days of the primary. The bill also requires so called 527 groups and others to tell the Secretary of State who gave them money and how they spent it. The bill limits contributions to such groups to $2,000 per election cycle.

Senate Bill 4002 allows local levying bodies to hold levy elections in conjunction with primary elections. This legislation also removes statutory language that was in conflict with a specific article of the West Virginia Constitution.

Gaming

House Bill 411 relates to amending certain provisions of the State Code involving horse and dog racing and the distribution of certain proceeds. The bill also provides for special funds, to be established by the Racing Commission, which will be used for the payment of breeders’ awards, restrictive races and stakes purses.

The bill also makes technical corrections and provides for a reversion of racetrack video lottery excess net terminal income which was diverted from the Racetrack Purse Funds to the Workers’ Compensation Debt Reduction Fund pursuant to Enrolled Senate Bill 1004. These funds will revert back to the racetrack purse after a total amount of $11 million dollars of net terminal income and excess net terminal income has been diverted each fiscal year from the purse funds to the Workers’ Compensation debt.

Government Agencies

House Bill 407 provides power and authority of department secretaries to transfer employees between departments.

Holidays

House Bill 406 provides that the fourth Thursday and Friday of November are “Thanksgiving Holidays”, and combines Lincoln’s Birthday and Washington’s Birthday into a single holiday known as Presidents’ Day to match the federal holiday.

Law Enforcement

House Bill 403 makes a technical correction to State Code relating to benefits of spouses and children of state troopers who die in the line of duty. These benefits were amended by the Legislature in 2003; however, during the 2005 Regular Session, House Bill 2984 unintentionally repealed those changes. This legislation restores the 2003 provisions.

Salaries

House Bill 413 provides an increase in the annual base salaries of members of the West Virginia State Police to take place beginning on November 1, 2005. This legislation addresses the base pays of all sworn State Police personnel, including those in supervisory and non-supervisory ranks, as well as individuals working in administrative support.

House Bill 414 directs the funding to provide salary increases for state employees. The measure, which is a supplemental appropriation bill, details the funding allocations for the $900 salary increases for public employees, school service personnel and the salary supplement for Department of Health and Human Resources employees, as well as the $1,350 in salary increases for teachers, State Troopers, conservation officers, protective services and other targeted groups.

Senate Bill 4008 relates to increasing salaries for teachers and school service personnel. This bill provides a $1,350 per year salary increase to teachers beginning with the first day of the second quarter of the teacher’s employment term during this present school year.

The bill also gradually fills in the years of experience in which teachers receive a salary increment so that beginning July 1, 2008 all teachers receive a salary increment with each additional year of experience through 35 years. This gradual filling in of the years of experience in which teachers receive the salary increment is achieved through the implementation of a new salary schedule this year and during each of the next three years.

The bill also provides a $90 per month salary increase to service personnel beginning with the first day of the second quarter of the service employee’s employment term during this school year.

State Funds

House Bill 420 is a supplemental appropriation bill that transfers $28 million from the state’s General Revenue Fund to the West Virginia Department of Public Safety Death, Disability and Retirement Fund.

Senate Bill 4006 relates to the accountability of persons receiving state funds or grants. The bill requires reports on grants of $50,000 or more and sworn statements of expenditures on grants less than $50,000. The bill also excludes formula distributions of insurance tax proceeds to volunteer and part-volunteer fire departments from the definition of state grants while still requiring the departments to submit an annual statement of expenditures or a report. In addition, the measure provides authority for the Secretary of the Department of Administration to institute legislative rules concerning this issue.

Taxation – Sales Tax

House Bill 401 relates generally to the consumers sales and use taxes on food and food ingredients intended for human consumption. This measure reduces the sales tax of food to 5 percent beginning January 1, 2006. This 1 percent reduction will not be applicable to the sales, purchases and uses by consumers of prepared foods. In addition, the Tax Commissioner may promulgate legislative rules and emergency rules explaining and implementing this measure.

Unemployment Compensation

House Bill 405 changes West Virginia’s Unemployment Compensation law to conform it to federally-mandated legislation. Specifically, the legislation clarifies that the term “employment” in this section does not include election officials appointed to serve during any municipal, county or state election, provided that the amount of compensation received during one year of service is less than $1,000.

Worker’s Compensation

House Bill 412 provides a flexible funding mechanism, authorized by the Governor, to ensure that the company which takes over for the Workers’ Compensation Commission will have sufficient assets to successfully provide Workers’ Compensation insurance while at the same time maximizing the amount of moneys ultimately available to satisfy the unfunded liabilities of the Old Fund. In addition, the measure allows the use of derivative products to reduce debt service costs and manage interest rate exposure.

Vol. XVI Special Issue

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September 30, 2005

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Vol. XVI Final Issue

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May 17, 2005

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