West Virginia Democratic Legislative Council
2007 Sessions Highlights

Committee Substitute for HB 2007 (FY 2008) – Budget Bill
As called for in the State Constitution, the Legislature must adopt a balanced state Budget each year to ensure financial stability for West Virginia. This year, the House and Senate accomplished this objective and collectively approved a $10 billion Budget Bill, which includes $3.78 billion in General Revenue appropriations.
Committee Substitute for HB 2007 (FY 2008)
(Provided by House and Senate Finance Committees)
Governor’s General Revenue Estimate $3,867,650,000
Conferee General Revenue Total Estimate $3,790,650,000
HB 2007 General Revenue Appropriations $3,775,934,728
Committee Substitute for HB 2007 Totals
Road Fund 1,112,582,940
Other Funds 1,304,123,345
Regular Lottery 170,283,108
Excess Lottery 226,500,000
Federal Funds 3,145,912,211
Federal Block Grants 317,520,244
Total $10,052,856,576

On July 1, 2007 the sales tax on food was dropped another cent, thus reducing the tax by more than 33% in two years.

House Bill 2745 (sale of alcohol) will increase the maximum fine for providing alcohol to a person under 21 years old from $100 to $250. Anyone who furnishes alcohol to anyone under 21 years old is guilty of a misdemeanor and will be fined $250 or serve up to 10 days in jail or both.

Senate Bill 1002 (WV State Police) establishes a system of career progression within the West Virginia State Police. It also sets new salaries to be given to various positions within the police department and based on their years of experience, as well as set the times when those persons in these positions are entitled to pay increases.

Senate Bill 411 (nurseries in jail) creates the West Virginia Correctional Center Nursery Act. Under the act, the Division of Corrections can create correctional center nurseries where an eligible inmate and her children can live together. The child must be born while the inmate is incarcerated and a participating inmate must comply with any education or counseling offered to her. The Bureau of Child Support Enforcement will collect child support payments for the mother and child, if any are due, and then forward the payments to the Division of Corrections. Ten percent of the money will be placed in a mandatory savings account for the mother, and the remaining money will be used for items not covered by program funds.

Senate Bill 435 (metro government/city & county consolidation authorization) clarifies the Consolidated Local Government Act by enumerating the Legislature’s constitutional authority to: permit municipalities to consolidate; permit home rule for municipalities; permit reformation of county commissions; permit counties to consolidate and municipalities and counties to consolidate to create a new executive or legislative tribunal, or both, in the form of a metro government that performs both the duties of a municipality and a county. This bill also sets forth, but does not limit to, five types of consolidated governments that may be created, which are: a Mayor-Council Plan, a Strong-Mayor Plan, a Commission Government, a Manager Plan, or a Manager-Mayor Plan.

Senate Bill 428 (identity theft protection) establishes a procedure for consumers so they can apply a security freeze to prohibit consumer-reporting agencies from releasing any of the consumer’s credit report, or information relating to it, to entities the consumer does not have a credit relationship with at the time. Once the freeze is applied, the consumer will have to give authorization for such activities to take place. Consumer-reporting agencies may charge no more
than $5 to consumers who wish to place, remove or temporarily remove a freeze from their report. If the consumer is a victim of identity theft, the agency may not charge them a fee for the service.

House Bill 3106 (family court judges) increases the number of family court judges by 10 (from 35 to 45). The bill also increases family court circuits from 26 to 27 and realigns a number of the existing family court circuits to reduce the caseloads of judges as measured by a recent study conducted by the National Center for State Courts. The changes will not be effective until January 1, 2009, after the judicial elections.

Senate Bill 205 (domestic violence) updates current domestic violence protective orders to protect an individual who has filed a complaint against, among other things, threatening e-mails, phone calls and voice mails.

House Bill 2498 (VETOED & OVERRIDDEN) enhances the penalty for intentional indecent exposure for the purpose of sexual gratification. Any person who intentionally exposes his/her sex organs or anus is guilty of a misdemeanor and is subject to a $500 fine, up to 12 months in jail or both; a second offense is also a misdemeanor, with jail time of 30 days to one year and/or a fine of $1000 and third offense is a felony, one to five years in prison and fine of $3,000. The definition of sexual conduct is also modified to include touching of the buttocks. An exemption to this bill is breastfeeding in public.

House Bill 2801 (benefits) provides $50,000 to the beneficiaries of any firefighters and Emergency Medical Services (EMS) personnel who are killed while performing their duties. This includes both paid and volunteer firefighters, with the $50,000 being only be paid once in the occurrence a person is both a firefighter and an EMS personnel.

House Bill 2718 (local option) allows for a local election to permit casino style table games in counties that currently have racetracks in place.  If the county rejects the allowance of table games, the question can be placed on the ballot again in two years. If the county votes in favor of table gaming, 5 percent of the registered voters in that county can petition to have a recall vote on the subject after five years.

House Bill 2583 (newborn testing) expands required newborn testing to allow 26 additional tests, including tests for sickle-cell anemia, cystic fibrosis and hearing deficiency. A positive result on any test must be reported to the Bureau for Public Health by the laboratory performing the tests.

House Bill 2944 (hospice care) provides that if a resident of a nursing home declines into terminal illness, the facility must inform the resident of the option of receiving hospice care. If that resident is incapacitated, the facility must notify the resident’s appointed guardian. Also, the facility has to document any time this action is undertaken.

Senate Bill 18 (kidney screening) additionally, the bill guarantees medical and prescription drug coverage for Medicare-eligible retirees under PEIA. This will be accomplished either by enrolling the retirees into the Medicare/Advantage Prescription Drug Plan or, if that plan becomes unavailable, by taking the retiree back into one of its plans.

House Bill 2940 (dependants age increase) increases the age limit of a dependent child or stepchild for coverage under the West Virginia Public Employees Insurance Program to 25 years of age. This new age limit also applies to any group accident or sickness insurance. Before, an adult dependent was only covered up to 23 years of age if they were a full-time student.

Senate Bill 68 (mine safety) updates several portions of the state’s coal mine health and safety laws.  First, the bill changes the procedures for when a mine has been found to pose an imminent danger. The bill also places restrictions on the use of belt air in underground mines.  In addition, stricter regulations are placed on the sealing of unused and abandoned mines.  The bill requires mine foreman-fire bosses, who are employed by operators to check mines for dangers, to go through continuing education programs specific to their occupation. Finally, the bill creates a permanent Mine Safety Technology Task Force.

House Bill 3057 (elder care) facilitates the organization of the federally funded Program for All-inclusive Care for the Elderly, or PACE. The program creates a locally managed health care delivery system that supplies primary, preventative, restorative, supportive, and end-of-life care to elderly persons certified by the state as nursing-home eligible.

Senate Bill 749 (business franchise tax) the bill gradually reduces the business franchise tax.
Beginning in 2008, the tax goes from its current 0.55 percent to 0.48 percent. The tax will be 0.41 percent for tax year 2009, 0.34 percent for 2010, 0.27 percent for 2011, and 0.21 percent for 2012. The minimum payment remains at $50.

Senate Bill 185 (tobacco bonds) the bill allowed the state to sell bonds for its future tobacco settlement.  The proceeds of $807 million dollars will be used to pay down the debt in the teacher’s retirement system.  Nearly 2 billion of the 4 billion dollar debt has been reduced over the past 4 years.

House Bill 203 (address confidentiality) the bill provides for address confidentiality for victims of domestic abuse, sexual assault or stalking to be administered through the Secretary of State’s office.