HB ORIG 1 LINE

H. B. 4798

(By Delegates Michael, Kelley, Warner, Pettit, Doyle, Leach and Leggett )

(Originating in the Committee on Finance)
[March 1, 2000]

A BILL to amend and reenact section three-c, article three, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said chapter by adding thereto a new article, designated article thirteen, relating to the legislative committee of risk analysis and management; establishing a legislative committee for oversight of various debt obligations, fiscal liabilities and obligations of the state; and requiring studies and reporting.

Be it enacted by the Legislature of West Virginia:

That section three-c, article three, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article thirteen, to read as follows:
§4-3-3c. Reorganization of joint legislative agencies.

(a) The joint committee on government and finance has the authority over and direction of joint legislative agencies, personnel and services, including, but not limited to, the following:

(1) The commission on special investigations provided for in article five, of this chapter; ~~four of this code;~~

(2) The court of claims provided for in article two and crime victims compensation provided for in article two-a, chapter fourteen of this code;

(3) The legislative auditor provided for in article two, of this chapter; ~~four of this code;~~

(4) The legislative rule-making review committee provided for in article three, chapter twenty-nine-a of this code;

(5) The legislative reference library provided for in section three of this article;

(6) The legislative automated systems division;

(7) Legislative services;

(8) Public information; ~~and~~
(9) The Legislative committee of risk analysis and management provided for in article thirteen of this chapter; and

~~(9)~~ (10) Joint services provided by one or more of the joint agencies set forth in this subsection. The following joint services are included:

(A) Bill drafting;

(B) Budget analysis;

(D) Financial, payroll, personnel and purchasing for joint agencies and personnel;

(E) Fiscal analysis;

(F) Post audits, full performance evaluations and preliminary performance reviews;

(G) Research; and

(H) Joint services to other joint legislative committees created and authorized by this code, to joint standing committees of the Senate and House of Delegates, to standing committees of the Senate and House of Delegates and to legislative interim committees.

(b) Notwithstanding any other provision of this chapter to the contrary, the joint committee on government and finance has the authority to reorganize and restructure the joint legislative agencies, personnel and services as provided in subsection (a) of this section for the purposes of improving their efficiency and the service they provide to the Legislature and to improve the management thereof by the joint committee. To accomplish these purposes, the joint committee may create divisions as it determines necessary and transfer and assign the joint agencies, personnel and services to the divisions. The divisions, joint agencies, personnel and services shall operate under the direction and policies of the joint committee: Provided, That nothing in this section shall be construed to permit the joint committee to alter or redefine the powers, duties and responsibilities vested in the commission on special investigations pursuant to article five of this chapter.
ARTICLE 13. LEGISLATIVE OVERSIGHT COMMITTEE OF RISK ANALYSIS AND MANAGEMENT; FUNCTIONS; DUTIES; COMPENSATION.

§4-13-1. Purpose of article.

The purpose of this article is to provide for the more continuous analysis and oversight of the state's fiscal obligations and to analyze the impact various policy choices have on those obligations.
§4-13-2. Creation of the legislative oversight committee on risk analysis and management.

(a) There is hereby created a committee of the joint committee on government and finance known as the legislative oversight committee on risk analysis and management. The committee shall be composed of six members of the Senate appointed by the president of the Senate and six members of the House of Delegates appointed by the speaker of the House of Delegates. No more than five of the six members appointed by the president of the Senate and the speaker of the House of Delegates, respectively, may be members of the same political party. In addition, the president of the Senate and speaker of the House of Delegates shall be ex officio nonvoting members of the committee and shall designate the cochairpersons. One of the Senate appointees and one of the House of Delegates appointees shall be the chairperson of the committee on finance of the Senate and House of Delegates, respectively, and one of the Senate appointees and one of the House of Delegates appointees shall be the chairperson of the committee on pensions of the Senate and House of Delegates, respectively. The members shall serve until their successors shall have been appointed as heretofore provided.

(b) Members of the committee shall receive such compensation and expenses as provided in article two-a of this chapter. The compensation and all other expenses including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel shall be paid from an appropriation to be made expressly for the legislative oversight committee on risk analysis and management: Provided, That if no such appropriation be made, such expenses shall be paid from the appropriation under "Fund No. 0175 for Joint Expenses" created pursuant to the provisions of said chapter: Provided, however, That no expense of any kind payable under the account for joint expenses shall be incurred unless first approved by the joint committee on government and finance.

(c) The committee shall meet at any time both during sessions of the legislature and in the interim or as often as may be necessary.
§4-13-3. Powers and duties of committee.

(a) The powers, duties and responsibilities of the committee shall include the following:

(1) Make a continuing investigation, study and review of the practices, policies and procedures of the various agencies in this state for which future fiscal liability, current debt obligations, or special or general obligations that the state of West Virginia may incur; and

(2) Make a continuing investigation, study and review of all state fiscal issues and policies that may have an effect, whether intended or unintended, on any business or industry in the state of West Virginia.

(b) The committee may, from time to time, as the chairs deem necessary, contract for professional services, including, but not limited to, accounting services, actuarial services, or other financial and budgetary analysis, as needed to complete the duties required by this article.
§4-13-4. Legislative reports.

The committee shall submit annual reports to the Legislature that describe in a concise manner the major activities of study during the fiscal year, including, but not limited to, a comprehensive risk analysis report that addresses the areas considered by the committee during the year as well as those issues or changes that have occurred during the preceding twelve months. The report should provide summary information on economic and other risk factors to be addressed by the committee.