Saturday, April 20, 2024
Saturday, April 20, 2024

House Legislation Feb. 11-15

As of 4 p.m. Friday, February 15, 2019, the 38th day of the first regular session of the 84th Legislature, 1,126 bills have been introduced to the House. Of those bills, 108 have passed and have been sent on to the Senate for further consideration.

House Bill 2330 would allow military veterans who have certain qualifications to qualify for examination for licensure in certain fields. If a service member obtains a MOS related to the fields of plumbing, HVAC operation, or fire safety installation, they can also opt to take the examination for state licensure without going through additional state training under passage of this bill.

House Bill 2405 is a bill to impose a tiered tax on managed healthcare providers within the state. If passed, the tax would be applied at the beginning of fiscal year 2021. The intent of the bill is to maximize federal matching dollars for utilization in the state’s Medicaid program

House Bill 2674 would create a loan repayment program for mental health professionals who have worked in the state of West Virginia within an underserved area for at least five years.

House Bill 2734 would expand the utilities that currently can apply to the WV Public Service Commission for special reduced rates for low income utility customers to include privately owned sewer utilities and combined water and sewer utilities. West Virginia individuals receiving TANF, Social Security, and other specific forms of government assistance would be eligible to apply for these reduced utility rates if this bill passes.

House Bill 2813 would facilitate the collection of West Virginia use taxes from out-of-state retailers that do not have a physical presence in the state but “have an economic nexus” within the state.

Senate Bill 451 – House strike-and-insert amendment. This amendment to the comprehensive education bill would set uniform levy rates for county boards in the state, offer an open enrollment policy for student transfer eligibility, and cap the amount of charter schools allowed in the state at 2. The strike-and-insert amendment would also replenish funding for WV innovation zones by $5 million, include social workers and psychologists within public K-12 schools, eliminate educational savings accounts completely, and provide for one law enforcement officer per WV school. There would also be financial incentive for math and science teachers in the state, and a 5 percent pay raise for teachers.

House Bill 2338 is a bill that would exempt antique military vehicles from using certain registration insignia that covers the original markings of the vehicle, was passed unanimously by the House.

House Bill 2359 is a bill that would exempt commercial motor vehicle operators employed with a farm related service industry from the commercial driver’s license requirements. West Virginia citizens employed in the fields of agrichemical business, harvesting, livestock feeding, and other applicable careers would be exempt from getting a commercial driver’s license for a limited time.

House Bill 2673 would create the Oil and Gas Abandoned Well Plugging Fund, which would create a tax exemption from certain gas wells in the state and provide funds for the WV Environmental Protection Agency to plug more orphaned wells.

House Bill 2709 is a bill that mandates that information given to the Department of Natural Resources for hunting licenses are not subject to discovery with a Freedom of Information Act (FOIA) request.

House Bill 2715would create a specialized Class Q hunting permit for disabled persons.

House Bill 2739 was passed by both chambers in the previous year, but did not complete legislative action in time. This bill would make it a criminal offense for any participating public employer of any retirement system administered by the Consolidated Public Retirement Board to fail to make required contributions.

House Bill 2743 would make technical updates to code regarding pension funds. This bill would delete a reference to municipal policemen’s pension or municipal firefighter’s pension as restrictions on pensions funds are contained in another section. This bill was passed unanimously by the House.

House Bill 2761 would modernize the self-storage lien law. The bill clarifies what rights owners have, what dates would be made effective after July 1, 2019, among other technical code changes.

House Bill 2793 would expand the applicability of educational facilities that are eligible for consideration under the West Virginia Prepaid Tuition and Savings Program. Currently in code, only institutions of higher education are included. This bill would also include certain private K-12 state institutions to be included in the program.

House Bill 2821 would make a financial adjustment within the institution of the national guard. This bill would clarify the recipient of command and clerical pay and to allow for an appropriate annual adjustment.

House Bill 2848 relates to the WV ABLE Act. This bill would raise the age requirement for eligibility from 21 to 26, thus matching the federal ABLE act. It also clarifies that family members and attorneys are permitted to manage a beneficiary’s ABLE account.

House Bill 2472 provides a special license plate for pollinators. This bill sets an annual fee of $15 for each special pollinator registration plate which shall be deposited into a special account designated the Pollinator Protection Fund and credited to the Department of Agriculture. The bill also sets an annual fee of $10 for the plate, which will be deposited in the State Road Fund.

House Bill 2579 relates to the collection of tax and the priority of distribution of an estate or property in receivership. The bill seeks to clarify conflicts within the code and create uniformity relating to the collection of taxes, the priority of distribution of an estate and to limit the liability of a fiduciary charged with distribution of the estate.

House Bill 2618 includes undue influence as a factor in the definition of financial exploitation of an elderly person or protected person. This bill amends both the civil and criminal actions for financial exploitation of an incapacitated person, elderly person or protected person to expand the definition of financial exploitation to include the use of undue influence resulting in financial or asset loss or disadvantage.

House Bill 2716 relates to motorboat lighting and equipment requirements. This bill strikes the motorboat lighting and equipment requirements in current code and replaces them with the laws contained in the federal navigation laws and rules. The revised code language provides that motorboats on the waters of this state are subject to lighting requirements, equipment requirements, and pilot and navigation rules, as contained in the federal navigation laws and rules promulgated by the United States Coast Guard.

House Bill 2846 designates a “Back the Blue” plate in support of law-enforcement personnel. The purpose of this bill is to provide a special license plate for supporters of our law-enforcement officers.

House Bill 2992 relates to governmental websites. The purpose of the bill is to require all executive agencies to provide a website containing information beginning December 31, 2019. The website shall include the office contact information, the contact information of each staff member, an organizational chart, a list of administrative agency officials, a list of governing statutes and legislative procedural rules, meeting minutes, annual reports, all agency forms, and frequently asked questions and answers.

The bill provides that all county commissions may maintain a website beginning with specific information and shall update the required information and shall update the information within 30 days of any change and report the information to the Office of Technology who shall be responsible for providing a mechanism for updating the county information.

Additionally, all state municipalities may create and maintain a website that provides the title and name of each elected office holders, the contact information of each office holder, a copy of each municipal ordinance, a copy of the approved meeting minutes, a schedule of regular meeting days for each calendar year. Municipalities shall report the information to the Office of Technology who shall be responsible for providing a mechanism for updating the municipality information.

Bills Being Considered in the House This Week:

House Bill 2011 would create a program in the state known as the Road Maintenance Program that would allow for and encourage a program in every district of the state to contract out with private contractors in order to perform road maintenance within that district. The WV Division of Highways and Legislative Auditor would oversee the efficacy of this bill if it were to pass. The Road Maintenance Program would aim to solve for the abundance of road work projects delegated to the WV Division of Highways each year, and allow them to contract out services for projects that they don’t have the manpower or resources for.

House Concurrent Resolution 32 would request the Commissioner of the WV Division of Highways to increase the speed limit on the highways to 75 miles per hour, in areas where appropriate.

House Bill 2881 is very similar to a piece of legislation that re-registered and changed the color scheme for state registration plates. The purpose of this bill is to provide for a change of the color scheme for county and municipal vehicle registration plates. House Bill 2881 would require all municipalities to obtain a new title certificate, registration certificate, and registration plate for all vehicles prior to January 1, 2020 and will require renewal every two years.

House Bill 2733 would add the terms “sexual orientation” and “gender identity” to the list of protected classes under the state Human Rights Act.

House Bill 2924 is a bill that would to permit the West Virginia Tourism Office to contract with the Division of Highways to sell advertising space on the WV511 website to promote in state tourism and raise capital for technological improvements to the website. 50 percent of the advertising dollars generated under this bill would be deposited in the Tourism Promotion Fund and 50 percent would be remitted to the Division of Highways.

House Bill 2929 was also advanced to the House floor. This bill would also pertain to a collaboration between the WV Tourism Office and the Division of Highways. House Bill 2929 would authorize an agreement between the two organizations in which staff would be provided at the WV Welcome Centers and rest areas, and displays promoting tourism would be created at these welcome centers and rest areas.

House Bill 2982 is a bill concerning auctioneers in the state of West Virginia. It provides updates for the licensure requirements, provides for exemptions to licensure, requires auctioneers to submit to background checks, and provides penalties for unlicensed auctioneers.

House Bill 3007 is a bill to authorize the Commissioner of Agriculture to require background checks within their hiring process.

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