Adopted by House 3-25-2009
HB3158 HFA White #1 3-25McO
Delegates White, Boggs, Caputo, Campbell, Kominar, Varner, Anderson, Ashley, Border, Evans and Shott move to amend the bill On page fourteen, section two, line sixteen, following the words "fully funded is three ", by striking out the words "fifty percent or less" and inserting in lieu thereof the words "less than one hundred percent";
On page thirty, section fourteen, line eight, following the word "municipality" and the semicolon, by inserting the word "and";
On page thirty, section fourteen, beginning on line nine, by striking out subdivision (2) in its entirety and renumbering the remaining subdivision accordingly;
On page thirty-one, section fourteen, beginning on line thirty-two, by striking out subdivision (2) in its entirety and renumbering the remaining subdivisions accordingly;
On page thirty-two, section fourteen, line fifty-four, following the words "State Treasurer", by striking out the period and inserting the words "or the Municipal Pensions Oversight Board" followed by a period;
On page thirty-three, section fourteen, line sixty, following the words "determined by the", by inserting the words "State Treasurer or the";
On page thirty-seven, section fourteen, line one hundred thirty-five, following the word "chapter" and the semicolon, by inserting the word "and";
On page thirty-nine, section fourteen, line one hundred seventy-five, following the word "bonds" and the semicolon, by striking out the word "and";
On page thirty-nine, section fourteen, beginning on line one hundred seventy-six, by striking out subdivision (9) in its entirety;
On page forty-two, section fourteen, beginning on line two hundred twenty-six, by striking out subsections (c), (d) and (e) in their entirety, and relettering the remaining subsections accordingly;
On page forty-four, following line two hundred sixty-seven, by inserting a new section to read as follows:
§8-13C-15. Matching funds to reduce reducing the unfunded actuarial accrued liability of policemen's and firemen's pension and relief funds.

(a) There is hereby created in the State Treasury a nonexpiring special revenue fund designated the "West Virginia Municipal Pensions Matching Fund" which shall be administered by the West Virginia Municipal Pensions Oversight Board solely for the purposes as provided in this section. The fund shall consist of all moneys deposited pursuant to section seventeen, article three, chapter sixty of this code. All earnings shall accrue to and be retained by the fund.
(b) Beginning July 1, 2009, the Municipal Pensions Oversight Board shall annually invest the collections of the fund with the West Virginia Investment Management Board or the Board of Treasury Investments.
(c) No allocations or distributions may be made from the fund before January 1, 2015. After December 31, 2014, the Municipal Pension Oversight Board shall in each calendar year distribute one-fifth of the moneys in the fund, as determined as of January 1 of the calendar year, to eligible municipal policemen's or firemen's pension and relief funds, subject to provisions in section eighteen-b, article twenty-two, chapter eight of this code for the purposes and upon the conditions set forth in this section.
(d) The annual allocations and distributions of the moneys in the fund shall be made only to qualifying municipalities that, for the calendar year, have dedicated the proceeds of a pension relief municipal occupational tax, a pension relief municipal sales and service tax, a pension relief municipal use tax or any other tax, or any combination of those taxes, or funding from any other source available to the qualifying municipality, solely for the purposes set forth in section nine of this article and expends the same for those purposes. For purposes of this section, "qualifying municipality" means any municipality, as defined in section two, article one of this chapter:
(A) In which the weighted average of the percentages to which its policemen's and firemen's pension and relief funds are fully funded is less than one hundred percent on the date of the most recent actuarial valuation of the funds made under section twenty, article twenty-two of this chapter, next preceding the municipality's annual application for a distribution of funds under this section; and
(B) That has satisfied the requirements set forth in section eleven of this article .
(e) Except as otherwise provided in this paragraph, annual allocations and distributions of moneys in the fund shall be made on a pro rata basis based upon the corresponding municipalities' average number of members who worked at least one hundred hours per month and average monthly number of retired members. An allocation and distribution made under this section shall be used by the municipality solely for the purposes of section nine of this article. The distributions shall be provided on a matching basis so that the amount of an allocation from the fund to a municipality may not exceed the amount of the revenues the municipality applies for those purposes from its funding source or sources as described in subsection (d) of this section.;
On page fifty-eight, section eight-e, beginning on line nine, by striking out subsections (b) and (c) in their entirety and inserting in lieu thereof the following:
"(b) A length of service awards program is qualified for purposes of this section if approved by the State Insurance Commissioner. The State Insurance Commissioner shall approve a length of service awards program if:
(1) A volunteer or part volunteer fire company or department submits, or if the program is being provided to a group, the volunteer and part volunteer fire companies and departments participating in the group submit to the State Insurance Commissioner, in the manner and form prescribed by the State Insurance Commissioner, an application for approval of the program, together with such documents and other information relating to the program as the State Insurance Commissioner may determine to be necessary to perform the duties prescribed under this section and section thirty-five, article three, chapter thirty-three of this code;
(2) In consultation with the State Fire Marshal and such others as the State Insurance Commissioner may deem necessary, the State Insurance Commissioner determines the provider of the program is licensed to provide the program under chapter thirty-three of this code; and
(3) The State Insurance Commissioner determines the program is in the best interests of the member beneficiaries of the program.
(c) The State Insurance Commissioner may refuse or revoke approval of a length of service awards program if the program or its provider is not in compliance with any applicable federal or state law.";
On page sixty-five, section sixteen, on line ninety-two, following the words "adjusted salary" and the period, by striking out the remainder of the section;
On page seventy-five, section eighteen-a, on line one hundred thirty-four, following the words "this article", by striking out the period and inserting a colon and the words, "Provided, That no provision of this subsection may be construed to authorize the board to contract with other state boards or state agencies to otherwise perform the duties or exercise the responsibilities imposed upon the board by this code", followed by a period;
On page one hundred twenty, section twenty-three-a, beginning on line twelve, following the word "physicians", by striking out the comma and the words "one to be chosen by the applying member and paid by the board of trustees and the other";
On page one hundred thirty-four, section twenty-six-a, beginning on line one hundred forty-seven, following the words "paid to date" and the period, by striking out the remainder of the subsection;
On page one hundred sixty-one, section fourteen-e, line four, following the words "tax equal to", by striking out the words "one and twenty", and inserting in lieu thereof the words "seventy- five";
On page one hundred sixty-four, section fourteen-e, beginning on line fifty-five, by striking out subdivision (3) in its entirety and renumbering the remaining subdivision accordingly;
On page one hundred sixty-six, section fourteen-e, beginning on line one hundred, following the words "Security Fund", by striking out the words "in an amount equal to sixty-two and five tenths of one percent, together with any interest or other earnings thereon, of the amount of the additional premium tax collected during the preceding calendar year", and inserting in lieu thereof the words "in an amount equal to the amount of the additional premium tax collected during the preceding calendar year, together with any interest or other earnings thereon,";
On page one hundred eighty, section thirty-five, beginning on line one, by striking out section (a), (b) and (c) in their entirety, and relettering the remaining subsections accordingly;
On page one hundred eighty-two, section thirty-five, beginning on line forty-one, by striking out the words "(d) All money from the policy surcharge shall be collected by the commissioner, transferred into a special revenue fund to be administered by the State Treasurer, designated the "Volunteer Firefighters Length of Service Awards Program Fund," which is hereby created, and expended for the purposes provided in this section in accordance with subsection (e) of this section " and the period, and inserting in lieu thereof the words "(a) There is hereby created in the state treasury a special revenue fund to be administered by the State Treasurer, designated the "Volunteer Firefighters Length of Service Awards Program Fund." The fund shall consist of all moneys deposited pursuant to section seventeen, article three, chapter sixty of this code. The moneys of the fund shall be expended solely for the purposes provided in this section in accordance with subsection (b) of this section", followed by a period;
 On page one hundred eighty-three, section thirty-five, line fifty-three, following the words "in subsection", by striking out the subdivision designation "(e)" and inserting in lieu thereof the subdivision designation "(b)";
On page one hundred eighty-three, section thirty-five, line sixty-four, by striking out the words "Fire Marshal" and inserting in lieu thereof the words "Insurance Commissioner";
On page one hundred eighty-three, section thirty-five, line sixty-six, by striking out the words "Fire Marshal" and inserting in lieu thereof the words "Insurance Commissioner";
On page one hundred eighty-three, section thirty-five, beginning on line sixty-eight, following the words "State Treasurer to", by striking out the remainder of the subdivision and inserting in lieu thereof the words "an account designated by the State Insurance Commissioner."; and
On page one hundred eighty-seven, following line sixty-four, by inserting a new section to read as follows:
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3. SALES BY COMMISSIONER.
"
§60-3-17. Regulations as to handling and depositing of moneys collected; monthly remittances; remittances to the West Virginia Municipal Pensions Matching Fund and the Volunteer Firefighters Length of Service Awards Program Fund beginning July 1, 2009; criminal penalty.

(a) The commissioner, with the approval of the state treasurer, shall prescribe regulations for the handling and depositing of all moneys collected by the commissioner. All receipts accruing to and available for the general revenue fund in excess of the requirements of the operating fund, the requirements of subsection (b) of this section, and the license fee and additional sales tax imposed by the provisions of this chapter shall be remitted by the commissioner to the state treasury monthly within fifteen days next after the end of each calendar month.
(b) Beginning July 1, 2009, from the moneys collected annually by the commissioner in excess of the requirements of the operating fund, $9 million of the excess amount shall be remitted by the commissioner to the state treasury and deposited by the state treasurer into the West Virginia Municipal Pensions Matching Fund established in section fourteen-e, article three, chapter thirty- three of this code, and $6 million of the excess amount shall be remitted by the commissioner to the state treasury and deposited by the state treasurer into the Volunteer Firefighters Length of Service Awards Program Fund established in section thirty-five, article three, chapter thirty-three of this code. After the requirements of the operating fund have been met, the amounts required by this subsection shall be remitted by the commissioner to the state treasury monthly within fifteen days next after the end of each calendar month and deposited in pro rata amounts into those two funds.
(c) If the commissioner fails to remit such moneys to the state treasury within the time specified in accordance with the provisions of this section, he the commissioner shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $1,000."; and
On page seven, by striking out the enacting section and inserting in lieu thereof the following:
"That §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §8-13C-15; that §8-15-8a and §8-15-8b of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §8-15-8d and §8-15-8e; that §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-26a and §8-22-27 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §8-22-18a and §8-22- 18b; that said code be amended by adding thereto a new section, designated §11-21-12i; that §12-4-14 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §33-2-15e; that §33-3-14d and §33-3-33 of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §33-3-14e, §33-3-34 and §33-3-35; and that §60-3-17 of said code be amended and reenacted, all to read as follows: ".