Overall, we had a very successful Legislative Session by advancing bills that are favorable to our industry. But, just as important, maybe even more so, we were able to defeat a great number of bills that, if adopted, would have been major setbacks. A considerable amount of time was spent at the Capitol with legislators explaining the negative impacts of such legislation.
While we have a somewhat business-friendly Legislature, I anticipate a continued onslaught of bills next year that we must work to defeat.
Following is a list of bills that we worked on and/or supported that passed that will be beneficial to our industry:
Senate Resolution 78 - Urging Congress provide exceptions to weight limits on interstates. This resolution passed the Senate with a vote of 34-0. WVTA will now focus our lobbying efforts to Congress to address these concerns.
SB 1 - Increasing access to career education and workforce training. The purpose of this bill is to increase the quality of the state’s workforce by increasing access to career education through the establishment of Advanced Career Education (ACE) programs and the WV Invests Grant Program.
SB 522 - Creating Special Road Repair Fund. The purpose of this bill is to create the Special Road Repair Fund for the maintenance and repair of the state’s roads and highways. $110 million in funding applied.
HB 2850 - Relating to qualifications of Commercial Driver’s Licenses. This bill shortens the two-year requirement of possessing a graduated Class E, Class E or D licenses from two (2) years to one (1) year before being eligible for a Commercial Driver’s Instruction Permit.
Following are some bills that we worked on or monitored that failed to pass:
Senate Concurrent Resolution 27 - Requesting study supply or shortage of drivers with CDLs. This bill passed the Senate on a voice vote, but it was not taken up in the House.
SB 647 - Relating to motor vehicle inspections. We monitored this legislation, but we did not actively work for or against. The purpose of this bill is to require vehicle inspection every two years.
HB 2365 - Clarifying the definition of an employee for the purposes of unemployment compensation and workers’ compensation. The purpose of this bill is to clarify the definition of an employee for the purposes of unemployment compensation and workers’ compensation to match conform with Internal Revenue Code provisions. This bill passed the House, but it failed to advance in the Senate.
HB 2786 - Uniform Worker Classification Act. The purpose of this bill is to simplify criteria used to define independent contractors and to impose objective standards on the differentiation of independent contractors from employees. The Senate Judiciary Committee adopted a study resolution on this topic to be worked on during the Legislative Interim meetings.
Following are bills that did not pass that we actively worked against that would have had a negative impact on our industry:
SB 77 - Requiring vehicles with hydraulically operated beds be equipped with warning device when bed is in upward position. This bill did not advance through committee. The purpose of this bill is to require motor vehicles, trailers or semitrailers having a hydraulically operated bed have a warning device that will alert the operator when the vehicle is in motion and the bed is in an upward position. The bill requires rulemaking.
HB 2069 - Requiring all commercial and professional drivers be fingerprinted and undergo a background check. The purpose of this bill is to require fingerprinting and background checks for all licensed professional and commercial drivers.
HB 2654 - Removing certain vehicles from the requirement for vehicle inspection. The purpose of this bill is to exempt from the motor vehicle inspection requirements of this state motor vehicles that are otherwise described as or considered family vehicles, light trucks, motorcycles or light trailers. The bill requires the Superintendent of the West Virginia State Police to propose rules defining these exempt vehicles.
Business
Following are business-related bills that completed legislation.
SB 4 - Relating to the Municipal Home Rule Program. This bill reauthorizes the Home Rule Program. We monitored this legislation throughout the session. This bill completed legislation and is awaiting the Governor’s signature.
SB 360 - Relating to third-party litigation financing. The purpose of this bill is to establish Consumer Litigation Funding requirements, including definitions, financier requirements, prohibitions, mandatory contract language; third party agreements, violations, and contingency rights. We supported this legislation. This bill completed legislation and is awaiting the Governor’s signature.
SB 377 - Relating to the minimum wage and maximum hour standards. The purpose of this bill is to exclude seasonal amusement park workers from the definition of “employee” for the purposes of maximum hours standards. We monitored this legislation because of the possible implications on all businesses. This bill completed legislation and is awaiting the Governor’s signature.
