Senate Bill No. 258
(By Senators Tomblin (Mr. President) and Caruth, By Request of
the Executive)
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[Introduced February 16, 2009; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §11-8-26 of the Code of West Virginia,
1931, as amended, relating to unlawful expenditures by a local
fiscal body; and clarifying that a local fiscal body or its
duly authorized officials shall not be held personally or
criminally liable for certain deficits relating to the
unfunded actuarial accrued liability of the West Virginia
Retiree Health Benefit Trust Fund and annual required employer
contributions.
Be it enacted by the Legislature of West Virginia:
That §11-8-26 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-26. Unlawful expenditures by local fiscal body.
(a) Except as provided in sections fourteen-b, twenty-five-a
and twenty-six-a of this article, a local fiscal body shall not expend money or incur obligations:
(1) In an unauthorized manner;
(2) For an unauthorized purpose;
(3) In excess of the amount allocated to the fund in the levy
order;
or
(4) In excess of the funds available for current expenses.
(b) Notwithstanding the foregoing and any other provision of
law to the contrary, a local fiscal body or its duly authorized
officials shall not be
penalized for held personally or criminally
liable for:
(1) A casual deficit which does not exceed its approved levy
estimate by more than three percent:
Provided, That such casual
deficit
be is satisfied in the levy estimate for the succeeding
fiscal year;
or
(2) Any amount for which the local fiscal body or its duly
authorized officials are determined to be liable for the unfunded
actuarial accrued liability of the West Virginia Retiree Health
Benefit Trust Fund, or any amount allocated to the local fiscal
body or its duly authorized officials as an employer annual
required contribution that exceeds the minimum annual employer
payment component of the contribution, all as provided under
article sixteen-d, chapter five of this code.
NOTE: The purpose of this bill is to clarify that local fiscal
bodies shall not be held personally or criminally liable for
certain deficits caused by the unfunded actuarial accrued liability
of the West Virginia Retiree Health Benefit Trust Fun or amounts
for the annual required employer contribution over and above the
minimum annual employer premium payment for other post-employment
benefits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.