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
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:
".