COMMITTEE SUBSTITUTE
FOR
H. B. 2303
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
[By Request of the Executive]
(Originating in the House Committee on Finance)
[March 22, 1993]
A BILL to amend and reenact section three, article fourteen,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to further amend said
article by adding thereto a new section, designated section
sixteen; and to amend and reenact section four, article six,
chapter twenty-nine of said code, all relating to highway
construction programs throughout the state; providing an
increase in the gasoline tax; providing a sunset date for
the increase; providing legislative findings; mandating
efficiency initiations on the part of the division of
highways; providing that the tax increase be deposited in an
appropriated special revenue account to be used only to
match available federal funds; and removing the position of
county road supervisors or their successors from the list of
positions which are exempt from coverage under the
classified service.
Be it enacted by the Legislature of West Virginia:
That section three, article fourteen, chapter eleven of thecode of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
sixteen; and that section four, article six, chapter twenty-nine
of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 14. GASOLINE AND SPECIAL FUEL EXCISE TAX.
§11-14-3. Imposition of tax.
There is hereby levied an excise tax of
ten fifteen and one-
half cents per gallon on all gasoline or special fuel, which tax
shall be computed in accordance with the appropriate measure of
tax as hereinafter prescribed in this article:
Provided,
That
beginning the first day of April May, one thousand nine hundred
eighty-nine ninety-three, the tax levied by this article shall be
fifteen twenty and one-half cents per gallon. :
Provided,
however,
That on and after the first day of August, two thousand
one, the tax levied by this article shall be fifteen and one-half
cents per gallon.
§11-14-16. Disposition of increase in tax collected.
(a)The Legislature finds:
(1) That the "Intermodal Surface Transportation Efficiency
Act of 1991" provides a window of opportunity for highway and
bridge construction in the State of West Virginia;
(2) That the "Intermodal Surface Transportation Efficiency
Act of 1991" provides for one billion dollars of regular federal
highway and bridge funding over the effective period of the
legislation;
(3) That the "Intermodal Surface Transportation EfficiencyAct of 1991" additionally authorizes the necessary funding to
complete the Appalachian highway corridor system in the State of
West Virginia;
(4) That the "Intermodal Surface Transportation Efficiency
Act of 1991" provides authorization for additional funding for
other specifically identified highway corridors and projects
throughout the State of West Virginia;
(5) That the anticipated level of total funding resulting
from the passage of the "Intermodal Surface Transportation Act of
1991", if matched by sufficient state funds, would reach
approximately six billion dollars through the year two thousand
one;
(6) That this program level would be made possible by a five
cent increase in the rate of tax on gasoline and special fuels;
(7) That such a program level would enable a continued
aggressive highway paving, bridge safety and highway maintenance
program; and
(8) That the highways constructed and improvements to the
existing transportation system in the State of West Virginia
resulting from this highway construction program would be a
substantial stimulus to economic development in this state.
(b) The Legislature further finds that in view of this
anticipated highways construction program, the division of
highways must increase its efficiency and professionalism and
make better use of the resources provided to the division by the
citizens of our state. To this end, the division of highways
shall undertake the efficiency initiatives set forth in
subsection (c) of this section, as well as other efficiencyinitiatives deemed appropriate by the secretary of the department
of transportation and the director of the division of highways.
The secretary of the department of transportation shall report to
the Legislature on the first day of the regular legislative
session, one thousand nine hundred ninety-four, regarding the
implementation of the all efficiency initiatives undertaken by
the division of highways. The report shall also include the
source and amount of savings from these efficiency initiatives.
Any savings resulting from these efficiency initiatives shall be
utilized by the department of transportation to increase state
funds available to match federal dollars to promote the highway
construction program.
(c) The following efficiency initiatives shall be
implemented by the division of highways:
(1) Reduction in the division's passenger vehicle fleet by
one hundred seventy vehicles and restriction on the use and
number of passenger vehicles utilized for twenty-four hour duty
so as to cause a reduction in the total cost of operation of the
twenty-four hour duty vehicle fleet by fifty percent; and
(2) Reduction in the number of mid-level management and
supervisory positions over the next three fiscal years, this
efficiency initiative shall include, but not be limited to: (A)
the elimination of the forty-seven area maintenance manager
positions; (B) the merger of the fifty-five county maintenance
supervisor positions into para-professional classified service
positions with appropriate upgrading of the qualifications for
and responsibilities of the position; and (C) the consolidation
of the twenty-three county expressway organizations and thecounty maintenance organizations over the next three fiscal years
so as to reduce the total number of positions attributable to
these functions by twenty-three positions.
(d) The amount of the tax collected attributable to the five
cent increase in the tax collected under the provisions of this
article effective the first day of May, one thousand nine hundred
ninety-three, shall be deposited in a special account in the
state treasury known as the "Federal Aid Highway Matching Fund"
and shall only be used to match federal moneys available for
highway purposes as authorized by Title 23 and Title 40 or other
provisions of the United States Code:
Provided,
That the
"Federal Aid Highway Matching Fund" shall be appropriated by line
item by the Legislature.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-4. Classified-exempt service; additions to classified
service; exemptions.
(a) The classified-exempt service includes all positions
included in the classified-exempt service on the effective date
of this article.
(b) Except for the period commencing on the first day of
July, one thousand nine hundred ninety-two, and ending on the
first Monday after the second Wednesday of the following January
and except for the same periods commencing in the year one
thousand nine hundred ninety-six, and in each fourth year
thereafter, the governor may, by executive order, with the
written consent of the state personnel board and the appointing
authority concerned, add to the list of positions in theclassified service, but such additions shall not include any
positions specifically exempted from coverage as provided in this
section.
(c) The following offices and positions are exempt from
coverage under the classified service:
(1) All judges, officers and employees of the judiciary;
(2) All members, officers and employees of the Legislature;
(3) All officers elected by popular vote and employees of
the officer;
(4) All secretaries of departments and employees within the
office of a secretary;
(5) Members of boards and commissions and heads of
departments appointed by the governor or such heads of
departments selected by commissions or boards when expressly
exempt by law or board order;
(6) Excluding the policy-making positions in an agency, one
principal assistant or deputy and one private secretary for each
board or commission or head of a department elected or appointed
by the governor or Legislature;
(7) All policymaking positions;
(8) Patients or inmates employed in state institutions;
(9) Persons employed in a professional or scientific
capacity to make or conduct a temporary and special inquiry,
investigation or examination on behalf of the Legislature or a
committee thereof, an executive department or by authority of the
governor;
(10) All employees of the office of the governor, including
all employees assigned to the executive mansion;
(11) County road supervisors employed by the division of
highways or their successors;
(11) (12) Part-time professional personnel engaged in
professional services without administrative duties and personnel
employed for ninety days or less during a working year;
(12) (13) Members and employees of the board of regents or
its successor agencies;
(13) (14) Uniformed personnel of the division of public
safety; and
(14) (15) Seasonal employees in the state forests, parks,
and recreational areas working less than 1,560 hours per calendar
year:
Provided,
That notwithstanding any provision of law to the
contrary, seasonal employees shall not be considered full-time
employees.
(d) The Legislature finds that the holding of political
beliefs and party commitments consistent or compatible with those
of the governor contributes in an essential way to the effective
performance of and is an appropriate requirement for occupying
certain offices or positions in state government, such as the
secretaries of departments and the employees within their
offices, the heads of agencies appointed by the governor and, for
each such head of agency, a private secretary and one principal
assistant or deputy, all employees of the office of the governor
including all employees assigned to the executive mansion, as
well as any persons appointed by the governor to fill
policy-making positions and county road supervisors or their
successors, in that such offices or positions are confidential in
character and/or require their holders to act as advisors to thegovernor or his the governor's appointees, to formulate and
implement the policies and goals of the governor or of his the
governor's appointees, or to help the governor or his the
governor's appointees communicate with and explain their policies
and views to the public, the Legislature and the press.