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Pending
Legislation
that could affect members or their clients.
As
we move through 2005 legislative season, you will want to regularly check
the activities of the Legislature.
In
his Inaugural address, Governor Joe Manchin announced he will call the WV
Legislature into Special Session. He did it. What is he going to discuss?
Answer: Workers' Compensation Privatization and Debt Pay-off, WV Debt Public
Employees Retirement Debt Repayment, and Ethics. Keep watch here as the session
unfolds. Already there's been talk about a WV Comp Surcharge, WV State Bonds, a
New Payroll Tax, Increase in Severance Tax on coal, timber and gas, and an
Increase in Gambling Revenue.
Below are some articles which appeared in the Charleston Gazette.
| January
18, 2005 Charleston Gazette |
Gubernatorial
Inauguration 2005
- Manchin ready to get to
work, will call special session
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By Phil Kabler
Staff writer |
| Newly inaugurated
as West Virginia’s 34th governor, Joe Manchin wasted no time Monday,
announcing in his inaugural address that he will call the Legislature into
special session next week.
Foremost on the agenda will be dealing with
the state’s long-term, multibillion-dollar debts in workers’
compensation and state pension funds.
“Our workers’ comp debt is the
Achilles’ heel of our state’s economy,” Manchin told supporters who
braved Monday’s bitter cold to attend the hour-long ceremony on the
south steps of the Capitol.
The session agenda is also expected to
include a plan that would eventually privatize the state’s workers’
comp system, as well as proposals to toughen the state’s ethics law, and
to restructure some departments in state government.
Manchin was about midway through his
18-minute speech when he announced he would call the special session — a
topic of speculation practically since election night — on Jan. 24.
“I firmly believe that in order to create
more good jobs in West Virginia, this system must be fixed, and it must be
permanently fixed now,” Manchin said of the roughly $3 billion of
unfunded liabilities in the Workers’ Comp Fund. “We cannot afford to
wait even one more minute.”
Although details were sketchy Monday,
legislators said Manchin’s plan will call for selling bonds to fully pay
down the workers’ comp liability, and to pay down part of the $6.5
billion of unfunded future debts in the state teachers and various public
employee pension funds.
Senate President Earl Ray Tomblin, D-Logan,
said Manchin’s plan would take $230 million a year in both new tax
revenue and revenue shifted from other sources, including state lottery
and infrastructure funds, to pay off the $3 billion of workers’ comp
revenue bonds.
Funding sources for the revenue bonds
reportedly being discussed include:
- An increase from 5 percent to 6 percent
in the base rate for the state severance tax on coal, natural gas and
timber, which would generate about $22 million a year.
- Suspending the Capital Reinvestment
Fund, which allows the state’s four racetracks to recapture up to 3
percent a year of video lottery profits — roughly about $12 million
a year — to build hotels, restaurants and other guest amenities at
their facilities.
- Repealing certain exemptions in state
sales tax collections. Under current law, there are pages of
exemptions for specific products and services, including practically
all professional services.
There also has been discussion of
instituting a payroll tax to pay down the workers’ comp liability.
“I don’t think he’s settled on
what he’s going to do. That’s what he’s talking about,” House
Majority Leader Rick Staton, D-Wyoming, said of possible sources of
revenue.
Staton said Manchin is determined,
almost obsessed, with paying down the unfunded liabilities.
Tomblin said the key issue to tie
Manchin’s workers’ comp package together is to determine exactly
how the $230 million a year in revenue bonds will be funded.
Tomblin met with Senate Democrats in a
closed-door caucus for about 2 1/2 hours Monday to discuss the special
session agenda.
He said the agenda would include a
proposal to privatize workers’ comp by eventually creating a
freestanding Employers’ Mutual.
That would be similar to the
legislation that transferred doctors who had medical malpractice
coverage through the state Board of Risk and Insurance Management into
a private, freestanding Physicians’ Mutual last year.
The government reorganization plan will
emphasize restructuring and reducing the myriad state boards and
commissions, he said. Manchin’s plan would also restore the
governor’s authority to appoint the heads of the various boards and
state agencies.
On ethics reform, Tomblin said Manchin
would “probably” use the recommendations of the Ethics Commission as
the groundwork for his proposal. Those recommendations include giving the
commission authority to initiate investigations of possible ethics
violations.
As for the length of the special session,
Tomblin said, “I’d say a minimum of five days.”
He said it’s possible the Legislature may
start work on complicated issues such as Worker’s Comp privatization in
special session, then reintroduce the legislation when the 2005 regular
session opens Feb. 9.
Manchin has scheduled a news conference
this morning to outline his special session agenda.
On Monday afternoon, Manchin was undeterred
by temperatures in the teens, giving an upbeat inaugural address, pledging
“to get our state’s house in order, and open our state for
business.”
Manchin spoke beneath a Capitol dome
shrouded in plastic for repairs and regilding, and incorporated the
construction into his speech.
“As my late father, John Manchin, used to
say, ‘The road to success is always under construction,’” Manchin
said. “While we fix our sacred Capitol dome, we will re-engineer our
government, repair our schools and revamp our economy. Whatever it takes,
we will get this job done.”
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| January
19, 2005 Charleston Gazette |
Surcharge
on comp premiums considered
- Manchin proposal would
lead to lower employer cost, official says
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By Phil Kabler
Staff writer |
| Gov. Joe Manchin
said Tuesday a payroll tax is “off the table” as a way to pay down the
$3 billion unfunded liability in the state Workers’ Compensation Fund.
But a surcharge on employers’ workers’
comp premiums is expected to be one of the major components to raise $230
million a year. That money would be used to pay off the proposed sale of
$3 billion in revenue bonds, sources say.
A 10 percent surcharge on employer premiums
would bring in about $60 million annually.
Workers’ Compensation Executive Director
Greg Burton said Manchin’s proposal would reduce employer premiums, even
with the surcharge.
That’s because 25 percent to 30 percent
of employers’ current workers’ comp premiums go to pay interest on the
massive unfunded liability.
“One of the proposals is to take back
some of this money ... as a surcharge on premiums,” Burton said.
Employers could expect to see an overall
decrease in premium costs of 15 percent to 20 percent with passage of the
bond legislation, even with the surcharge, Burton said.
Manchin confirmed Tuesday that the
legislation will require $230 million a year in state revenue, and said
discussions are ongoing on revenue sources beyond an increase in the base
rate on the severance tax on coal, natural gas and timber.
That rate, currently 5 percent, is expected
to be increased to 6 percent.
Another expected funding source is state
video lottery profits currently directed to the state Infrastructure
Council to help fund water, sewer and other development projects.
The 2005-06 budget by the Wise
administration provided $40 million of lottery funds for infrastructure.
Those sources don’t fully fund the $230
million, and discussions are ongoing among the administration and
legislators to develop the final pieces of the funding puzzle.
Steve Roberts, president of the West
Virginia Chamber of Commerce, said most businesses would welcome even a
small reduction in workers’ comp premiums, especially if the Legislature
resolves the longstanding burden of the unfunded liability.
“For anybody who would look down his nose
at a 15 percent discount, he should consider the alternative. If we do
nothing, there likely would be a substantial rate increase this year,”
he said.
Roberts and Burton were among a large
number of business, labor and state officials who turned out for a Tuesday
morning ceremony as Manchin signed a proclamation calling the Legislature
into special session, beginning Jan. 24.
Manchin stressed that the state must
address the budget crisis in Workers’ Comp to attract new business
investment.
“As a businessman, if I’m paying a high
premium, the bottom line is, it’s really hindering me from expanding my
company,” he said.
In addition to the revenue bond sale for
Workers’ Comp, the agenda is expected to include proposals to toughen
the state ethics law, restructure some elements of state government,
establish the framework for eventually privatizing Workers’ Comp, and
passing a resolution for a special election later this year, asking voters
to authorize the sale of $4 billion in general obligation bonds to pay
down unfunded liabilities in various state pension funds.
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Uniform Accountancy Act (UAA) as passed April 12, 2001.
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