The House concurred with the Senate amendment and provided an additional amendment to House Bill 4092. House Bill 4092 provides major structural change to the state’s struggling foster care system and seeks to address many issues. One of the most important parts of the bill is a per diem rate increase for foster and kinship families.
Senate Bill 597 provides a five percent pay raise for Supreme Court Justices, circuit court judges and magistrates. The last time there was a judicial pay raise was in 2011. Originally, the amount of the raise in Senate Bill 597 was higher, but the House Finance Committee amended this amount to mirror the five percent pay raise that state employees received the previous year. This raise will be implemented July 1, 2020.
Senate Bill 275, establishing an Intermediate Court of Appeals, failed to meet the required majority vote necessary for passage in the House on Friday. This has been an important and widely discussed bill during the legislative session.
HR 16 Urging Congress to allow vehicles traveling on interstate highways in West Virginia to have the same maximum gross vehicle weight and axle configuration as currently permissible for vehicles traveling on U.S. routes in West Virginia
SB 6 Allowing DOH issue permits for certain tractors with certain trailers not exceeding specified maximum axle weights
Completed legislative action.
The purpose of this bill is to increase the weight limits for vehicles on certain highways in this state; clarify the commissioner’s authority to increase but not decrease weight limits; and to define certain highways in this state.
SB 130 Relating to procedure for driver's license suspension and revocation for DUI
Completed legislative action
The purpose of this bill is to revise procedures for drivers’ license suspensions and revocations for driving under the influence of alcohol, controlled substances or drugs.
SB 136 Prohibiting certain misleading lawsuit advertising practices
Completed legislative action
The purpose of this bill is to prevent the deceptive use of lawsuit advertising and solicitation by prohibiting people from engaging in those activities and providing criminal penalties.
SB 249 Authorizing law enforcement to make safety inspections of commercial vehicles
Failed to be taken up for consideration.
The bill authorizes law-enforcement officers to make safety inspections of commercial vehicles.
SB 528 Creating Uniform Worker Classification Act
Passed the Senate, failed to be considered in the House Judiciary committee. Committee moved the bill to a study resolution.
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.
SB 587 Mandating escorts for vehicles that exceed maximum width requirements Failed to be taken up for consideration.
The purpose of this bill is to mandate escorts for vehicles operating on the highways of the state that exceed maximum width requirements.
SB 777 Exempting taxi, limousine, and ride-share company drivers from undergoing background checks for misdemeanor convictions
Failed to be taken up for consideration.
The purpose of this bill is to exempt taxi and limousine drivers, and drivers for ride-share companies, such as Uber and Lyft, from undergoing background checks for misdemeanor convictions.
SB 784 Relating to nonferrous metal sales and transportation to secondary recycler Failed to be taken up for consideration.
The purpose of this bill is to require a permit for the transport or sale of nonferrous metals to a secondary recycler and to make it unlawful to intentionally damage property for the purpose of obtaining nonferrous metals.
SB 819 Relating to DOH management of Coal Resource Transportation roads
Passed the Senate. Failed to be taken up in the House Government Organization committee.
SJR 8 Manufacturing Growth Amendment
Failed to be taken up for consideration
The purpose of this amendment is to submit the proposed “Manufacturing Growth Amendment” to the Constitution of the State to the voters of this State for ratification or rejection at the general election in 2020.
SJR 9 Motor Vehicle and Other Personal Property Tax Reduction Amendment
Failed to pass out of the Senate
The purpose of this resolution is to permit the Legislature to exempt some species of tangible personal property from ad valorem taxation, reduce the rate of taxation or assessment for any species of tangible personal property; establish different statewide rates of taxation, assessment, or methods of valuation for different species of tangible personal property, or classify property as real property or personal property for ad valorem taxation.
SB 837 Providing exemptions from ad valorem taxes for certain types of personal property
Passed the Senate. Failed to be taken up in the House.
The purpose of the bill is to remove the tax on manufacturing equipment and inventory and automobile personal property tax. Would also raise the sales tax and the excise tax on tobacco and vape products.
HB 2897 Relating to driving restrictions in school zones
Passed the House. Failed to be taken up for consideration in the Senate Education committee
The purpose of this bill is to ensure the safety of students participating in school activities outside of regular school hours by requiring activation of school zone flashing beacons whenever students are present at school for activities occurring outside of a school’s regular hours of operation.
HB 4016 Requiring motor vehicles safety inspections every three years instead of each year
Failed to be taken up for consideration.
The purpose of this bill is to require safety inspections every three years instead of each year.
HB 4478 Creating a lifetime ban for commercial drivers involved in human trafficking
Completed legislative action
The purpose of this bill is to prohibit a commercial driver who has used a commercial motor vehicle in a commission of a felony involving “severe forms of trafficking in persons” from holding a commercial driver’s license for life.
HB 4512 Creating a work permit driver's license program
Passed the House Technology and Infrastructure committee, but failed to be taken up for consideration in the House Judiciary committee.
The purpose of this bill is to provide an opportunity for certain drivers whose driver’s license has been suspended or revoked an opportunity to drive on a very specifically limited work permit driver’s license. This includes persons who have been convicted of DUI for drug offenses. These drivers would have to remain sober, install a test and lock devise, complete a treatment program and submit to periodic drug testing. Other offenses such as unpaid court costs and excessive points on a person’s license are also eligible to apply for a work permit driver’s license.
HB 4541 Relating to an occupational limited license
Failed to be taken up for consideration.
The purpose of this bill is to provide for an occupational limited driver’s license.
HB 4587 Modernizing the Public Service Commission's regulation of solid waste motor carriers and solid waste facilities
Completed legislative action
The purpose of this bill is to modernize the Public Service Commission’s regulation of solid waste motor carriers and solid waste facilities.
HB 4639 Changing frequency of mandatory state inspections of motor vehicles Failed in the House by a vote of 48-51
Committee substitute called for a vehicle inspection sticker to be valid for 2 years.
Action on other legislation of interest to the business community in the final days of the session:
HB 2646 – Wage & Hour Safe Harbor
Completed legislative action
Providing a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees.
HB 4001 – Establishing the Mountaineer Impact Fund
Completed legislative action
One of House Speaker Roger Hanshaw’s top priorities is establishing a capital investment fund that would let the state partner with companies or the sovereign funds of other nations.
HB 4090 – Abandoned Gas & Oil Well Plugging Fund
Completed legislative action
Creating the Oil and Gas Abandoned Well Plugging Fund.
HB 4615 – West Virginia Critical Infrastructure Protection Act
Completed legislative action
This bill would protect critical infrastructure in West Virginia by adding a new criminal penalty for anyone who knowingly damages, destroys, vandalizes, defaces or tampers with equipment at a critical infrastructure project.
HB 4619 – Electric Utility Middle-Mile Broadband
Completed legislative action
Approving plans proposed by electric utilities to install middle-mile broadband fiber.
SB 138 - Incentives for consolidating local governments.
Failed to complete legislative action
Senate Bill 138 provides incentives to local governments that consolidate. The bill does not force or require consolidation in any way; it only provides incentives for local governments to do so.
HB 2088 - Relating to admissibility of evidence regarding seat-belt use
Failed to complete legislative action
HB 2088 would allow evidence as to whether an individual was wearing a seat belt in a vehicle crash to be admissible in court.
If you have any questions please contact Government Affairs Director Daniel Hall at daniel@omegawv.com.
