Tuesday, May 6, 2025
Tuesday, May 6, 2025
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Workplace Freedom and Prevailing Wage Repeal Bills Advance

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In the first few weeks of the 2016 legislative session, top agenda items involving labor were sent back-and-forth between the chambers.

Senate Bill 1 – Establishing WV Workplace Freedom Act – would prohibit any requirement a person become or remain a member of a labor organization as a condition of employment. The bill would also prohibit any requirement a person must pay dues or other fees to a labor organization and prohibit any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization.

The West Virginia Senate, after a lengthy and passionate debate, passed SB 1 out of the full Senate on Jan. 21.

On Jan. 28, the House of Delegates held a public hearing on the measure. During the hearing, the House Judiciary Committee heard mixed opinions on the measure in a packed House Chamber.

“The passage of this bill provides West Virginia workers with an enhanced degree of freedom and security. No longer could workers be fired simply for refusing to join or pay dues to a union”, said Senate Majority Leader Mitch Carmichael. “In addition, companies and job producers that will only locate in states that provide workers with the workplace freedom associated with this legislation will now be able to consider locating in our state to provide jobs and opportunities for our citizens.”

The House of Delegates also passed House Bill 4005 – repealing the requirement of paying prevailing hourly rate of wages for construction of public improvements. The bill would repeal the article requiring public authorities engaged in the construction of public improvements to pay a prevailing hourly rate of wages.

A similar bill was introduced last year, discussed and debated but in the end, the Legislature decided to study the issue and recalculate the rate for the prevailing wage.

Before a vote on the House floor, Delegate Isaac Sponaugle, D-Pendleton, asked for an economic impact statement. House Speaker Tim Armstead, R-Kanawha, said for the statement to be considered the House had to vote to suspend the rules. The vote would have required a two-thirds majority. Sponaugle’s request was denied, and the bill passed the House 55-44 on Jan. 27th. The bill has now been sent to the Senate for further consideration.

“We must treat the taxpayers fairly – this bill does that,” said House Majority Leader Cowles. “It will also put West Virginia workers to work by creating more jobs and more projects.”

Discussion on these issues will continue in the respective chambers in the coming weeks. Follow this and any issue before the Legislature on the website, www.wvlegislature.gov

House passes four bills to comply with federal ruling

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The House of Delegates met today at 11 a.m.

Four bills created to comply with the federal ruling on the North Carolina State Board of Dental Examiners v. Federal Trade Commission case were passed.

House Bill 4227 was passed with a vote of 75 to 23. This bill would change the make up of the Real Estate Appraiser Licensing and Certification Board.

House Bill 4230 was passed with a vote of 75 to 23 as well. This bill would change the make up of the Board of Professional Engineers.

House Bill 4238 was passed with a vote of 72 to 25. This bill would change the make up of the Board of Professional Surveyors.

House Bill 4241 was passed with a vote of 73 to 25. This bill would change the make up of the Real Estate Commission.

Two Bills on second reading were voted to be laid over until Monday. Senate Bill 364 relates to the appropriation of expiring funds from General Revenue. House Bill 4189 also relates to the expiring of specific funds to the State Fund, General Revenue.

House Bill 4235 was sent to third reading, to be voted on Monday. This bill relates to the publication requirements for the administration of estates.

House Bill 4175, which relates to homeschooling, was sent to second reading.

 

The following committee will meet today after session:

Judiciary: 1:30 p.m.

 

The following committees will meet prior to session Monday morning:

Finance: 1 p.m.

Roads and Transportation: 1 p.m.

Judiciary: 1:30 p.m. 

Government Organization: 2 p.m.

 

The House will reconvene Monday morning at 11 a.m.

 

 

Four Bills Passed in Senate

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The Senate met briefly today at 11 a.m. 

Senate bills 14, 146, 202, and 216 were passed with a unanimous vote. Senate Bill 146 establishes instruction standards for early childhood education. Senate Bill 216 authorizes the Human Rights Commission to promulgate legislative rule relating to the Pregnant Workers’ Fairness Act. These will now be sent to the House of Delegates for further consideration. 

Senate Bills 423-435 were introduced today and will go to committee for review.

Seven bills were read for the second time today: Senate Bills 15, 27, 150, 288, 329, 338, and 379. These will be read for the third time and put to a vote on Monday morning. 

 

Government Organization will meet Monday, February 1st at 9 a.m. in 208W.

 

The Senate will reconvene at 11 a.m. on Monday morning. 

The House of Delegates Meets Briefly

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The House of Delegates met today at 11 a.m.

The following bills were sent to third reading today:

House Bill 4189 would expire fund to unappropriated balance in State Fund, General Revenue, from the Department of Revenue.

House Bill 4227 would add citizen members to the Real Estate Appraiser Licensing and Certification Board. 

House Bill 4230 would work to add citizen members to the board of Registration for Professional Engineers.

House Bill 4238 would add citizen members to the board of Professional Surveyors. 

House Bill 4241 would add citizen members to the Real Estate Commission. 

There was a bill that was sent to second reading. House Bill 4235 would relate to the publication requirements of the adminstration of estates. 

 

The following committees will meet today:

Senior Citizen Issues: 1 p.m. 

Health and Human Resources: 2 p.m.

Energy: 2 p.m. 

 

The following committees will meet prior to session tomorrow: 

Finance: 9 a.m. 

Education: 9 a.m. 

Government Organization: 9 a.m. 

Judiciary: 9:30 a.m. 

 

The House will reconvene tomorrow at 11 a.m. 

 

Senate Passes Two Bills

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The Senate met briefly today at 11 a.m.

Bills 262 and 290 were passed. Senate Bill 262 eliminates the need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings. Senate Bill 290 authorizes assignments of wages by employers and payment by payroll card. These bills will now head to the House of Delegates for consideration. 

Bills 411-422 were introduced, including Senate Bill 417, which creates the 2016 Coal Jobs and Safety Act. This bill will preserve employment and promote health and safety in the coal industry. 

Senate Bills 14, 146, 202, and 216 were read for the second time and advanced to the third reading. The Senate will vote on these bills tomorrow. 

 

The following committees will meet today:

Energy, Industry and Mining at 1 p.m. in 208W

Health & Human Resources at 1 p.m. in 451M

Government Orgs. at 2 p.m. and 5:50 p.m. in 208W

Education at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

 

The Judiciary committee will meet tomorrow before session at 10 a.m. in 208W.

The Senate will reconvene tomorrow at 11 a.m.

Repealing prevailing wage bill passes

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The House of Delegates met today from 11 a.m. until approximately 3 p.m. Two bills were passed and go to the Senate for action.

House Bill 4005 – Repealing the prevailing hourly rate of wages requirements, was brought to a vote. Several members from both sides of the issue stood to advocate viewpoints.

The bill would repeal the prevailing wage bill which requires contractors that work on public projects, such as schools, civic centers, etc. be paid based upon a wage that is calculated to be typical for that work in that area. One side argues these wages are inaccurately high and by repealing the Prevailing Wage bill, taxpayers will save money, and the state will be able to fund many more projects because they don’t have to meet high pay standards. The other side argues that repealing the bill will only lower wages, and hurt the economy by lessening the amount of money going through it.

Prior to the vote, Delegate Isaac Sponaugle, D-Pendleton, proposed a motion that the Speaker be directed to request an economic impact statement regarding the potential outcomes of repealing the prevailing wage. He and his fellow supporters requested the study be done prior to carrying out a vote on the bill. The motion was rejected with a vote of 38 to 61.

The bill passed with a vote of 55 to 44.

House Bill 2130, which would include law enforcement among those professionals of which the assault or battery would lead to enhanced criminal penalties, was passed. Several members stood to express support or opposition of the bill, and many questions were asked to clarify the details of the bill. The bill would simply add law enforcement to the list of those with extra protection and would not change the previously set penalty limitations.

The bill passed by a vote of 91 to 7.

House Bills 4189, 4227, 4230, 4238 and 4241 were all sent to second reading. They will be open for amendments during tomorrows session.

 

The following committees will meet today:

Finance: 3:45

Judiciary: 4 p.m.

Education: 4:30 p.m.

 

The following committees will meet tomorrow morning prior to session:

Small Business: 9 a.m. in Room 215E

Banking and Insurance: 10 a.m. in Room 215E

 

The Judiciary Committee will be hosting two public hearings tomorrow morning. At 8:30 a.m. there will be a discussion on Senate Bill 1, the WV Workplace Freedom Act. At 9:30 a.m. there will be a discussion on House Bill 4012, the West Virginia Religious Freedom Restoration Act.

 

The House will reconvene at 11 a.m. tomorrow.

Senate Passes Seven Bills

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The Senate met today at 11 a.m. introducing bills 392-410 and passing seven bills. 

Senate Bill 107, creates the Uniform Interstate Deopositions and Discovery Act, Senate Bill 157, would authorize the Alcohol Beverage Control Commission to promulgate a legislative rule relating to Nonintoxicating Beer Licensing and Operations Procedures, and Senate Bill 195, would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Clearance for Access; Registry and Employment screening. These measures were all passed with unanimous votes. 

The Senate also passed bills 342, 357, 360, and 364Senate Bill 342 decreases appropriations from State Fund, General Revenue to DHHR, Division of Human Services and Bureau of Senior Services. Senate Bill 357 provides supplemental appropriation from Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund. Senate Bill 360 provides supplemental appropriation to Division of Human Services. Senate Bill 364 provides supplemental appropriation expiring funds from General Revenue. These bills now head to the House of Delegates for consideration.

Senate Bill 14, Senate Bill 202 and Senate Bill 216 were read for the first time and advanced to the second reading for tomorrow. 

Senate Bill 262, eliminating the need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings, and Senate Bill 290, authorizing the assignment of wages by employers and payment by payroll card, were read for the second time and advanced to the third reading. 

 

The following committees will meet today:

Economic Development at 1 p.m. in 451M

Natural Resources at 2 p.m. in 451M

Pensions at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

 

The Senate will reconvene tomorrow at 11 a.m. 

Senate Passes Five Bills, Introduces Four

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The Senate met today at 11 a.m. and introduced four new bills, 288-291.

Senate Bill 13 was read for the third time and brought to a vote. This bill regards increasing penalties for overtaking and passing stopped school buses. It passed with a 33-1 vote. 

Senate Bills 32, 102, 311, and 323 were also read for the third time and each passed with a 34-0 vote. 

Senate Bill 32 relates to the withdrawal of candidates for office and filling vacancies. Senate Bill 102 requires all law-enforcement agencies in West Virginia to certify qualified law-enforcement officers to carry concealed firearms nationwide as provided by the federal Law-Enforcement Officers Safety Act.

Senate Bill 311 allows permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program. Senate Bill 323 corrects the subsection designations in the statute regarding trepassing on property. 

Senate Bill 107, regarding Uniform Interstate Depositions and Discovery Act, and Senate Bill 195, which authorizes DHHR to promulgate legislative rules, were both read for the second time today and advanced to the third reading. The bills will be read again and voted on tomorrow in session. 

Senate Bills 146, 262 and 290 were read for the first time and advanced to the second reading. 

 

The following comittees will meet today:

Energy, Industry and Mining at 1:20 p.m. in 208W

Health & Human Resources at 1:30 p.m. in 451M

Education at 2 p.m. in 451M

Government Orgs. at 2 p.m.

Pensions at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Economic Development at 4 p.m. in 451M

 

The following committee will meet tomorrow before session: 

Military at 10 a.m. in 451M

 

The Senate will reconvene tomorrow at 11 a.m.

Six House Bills Passed

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The House of Delegates met today at 11 a.m. 

A total of six House Bills were passed today.

House Bill 2147 was passed by a unanimous vote. This bill would require circuit courts when appointing council for alleged protected persons, to make appointments from a listing of interested attorneys. 

House Bill 2584 was also passed by the House by a unanimous vote which would allow a judge to excuse a potential juror from juru until a later date based on seasonal employment.

House Bill 2588 was passed by a 65-34 vote. This bill relates to the filing of financial statements with the Secretary of State.

House Bill 2796 passed by a unanimous vote. This particular bill would provide paid leave for certain state employees during a State of Emergency.

House Bill 4038 also passed by a unanimous vote. This bill relates to insurance requirements for refilling topical eye medicine.

House Bill 2130 and House Bill 4005 were sent to third reading. 

 

The following committees will meet today:

Prevention & Substance Abuse: 1 p.m. in 215E

Political Subdivisions: 1 p.m. in House Education Committee Room

Health & Human Resources: 2 p.m. in 215E

Energy: 2 p.m. in House Judiciary Room

 

The following committees will meet prior to the session tomorrow:

Finance: 9:30 a.m.

Judiciary: 10 a.m. 

Education: 9:30 a.m. 

Government Organization: 9 a.m. 

 

There House Judiciary Committee is hosting a public hearing tomorrow beginning at 8:30 a.m. in the House Chamber. The public hearing will discuss House Bill 4145

The House will reconvene tomorrow at 11 a.m. 

 

House Bills 4002, 4007 passed

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The House of Delegates met today at 1 p.m.

House Bill 4002 was read for the third time and brought to a vote today. The bill relates to accountability of the rule-making committee. According to bill supporters, there is currently no system for checking over past rules and ensuring they aren’t obsolete, and this bill would provide a system to do so. The bill passed and will be sent to the Senate for consideration.

House Bill 4007 was also read for the third time and brought to a vote. This bill would provide a process for appointing or hiring private attorneys to assist the Attorney General. The bill passed and will be sent to the Senate for consideration.

House Bill 4031 was read for the third time and brought to a vote today. The bill would require agencies to respond to requested comments during the rule-making process. The bill passed and will be sent to the Senate for consideration.

House Bill 2147 was sent to third reading with an amendment, to be voted on tomorrow. House Bill 2584, House Bill 2588, House Bill 2800 and House Bill 4038 were all sent to third reading, to be voted on tomorrow.

House Bill 2130 and House Bill 4005 were both sent to second reading.

 

The following meetings will be held today:

Finance: 3 p.m. and 4 p.m. in House Finance 

Judiciary:  3 p.m. in House Judiciary

Education:  3 p.m. in House Education

Government Org.: 3 p.m. in House Gov. Org.

Roads and Transportation: 4 p.m. in House Gov. Org.

 

The following meetings will be held tomorrow prior to session:

Industry and Labor:  9 a.m. in House Gov. Org.

Ag. and Natural Resources: 10 a.m. in House Gov. Org. 

 

The house will reconvene tomorrow at 11 a.m.