News

Legislative Update
April 9, 2021
Regina Skeen, Executive Officer/Lobbyist

85^th West Virginia Legislative Report
Wrap up – 4/9/2021
Regina Skeen, Executive Officer/Lobbyist

SB48 (Hamilton) The purpose of this bill is to prohibit the employment of unauthorized employees in the construction industry. The bill was double reference to Workforce and then Judiciary

SB75 (Rucker) The purpose of this bill is to prohibit insurance companies from using credit ratings when establishing home and automobile insurance premiums. The bill is headed to the committee on banking and insurance.

SB 156 (Sypolt) CS 156 Similar to HB 2442 (Foster)  (LRMC) Fire Commission rule relating to standards for certification and continuing education of municipal, county, and other public sector building code officials, building code inspectors, and plans examiners – Bill passed out of Judiciary and onto to full Senate 2/11/21.Bill went to 3^rd reading on 2.16.21 and is headed to the House and assigned to Gov Org. SB 156 Bill passed the Senate and is headed over to the House 3.22.2021.Both Chambers have agreed on the final version of the bill. Bill passed the Senate 3.23.2021 and will be headed to the Governor’s office. Signed and is effective rom passage 3/26/2021.

SB 157 (Sypolt) Similar to HB 2443 (Foster) (LRMC) Fire Marshal rule relating to standards for certification and continuing education municipal, county, and other public sector building code officials, building code inspectors, and plans examiners -Bill is headed to Judiciary. The Senate reported in Com Sub for SB 156 on 2.12.21. Bill was rolled up into CS 156.

SB 210 (Sypolt) Similar to HB 2474 (Foster) (LRMC) Board of Professional Surveyors rule relating to examination and licensing of professional surveyors in WV- Bill is headed to Judiciary- Senate reported in CS for 182 on 2.19.21.

SB 211 (Sypolt) Similar to HB 2475 (Foster) (LRMC) Real Estate Commission rule relating to licensing real estate brokers, associate brokers, and salespersons and conduct of brokerage business- Bill is head to Judiciary. Senate reported in CS for SB 182 on 2.19.21.

SB 217 (Sypolt) rolled into CS 216 Similar to HB 2393 (Foster) (LRMC) Division of Labor rule relating to high pressure steam boiler and forced flow steam generator requirement – Bill was received by the House and has been assigned to Judiciary 2.18.21.Senate reported in CS for SB 216 on 2.13.21 CS 216 Bill passed the House is was sent back to the Senate 3.10.2021.CS 216 completed legislation 3.12.2021.

RULES BUNDLE – 87 CSR 07  Fire Commission rule relating to standards for certification and continuing education of municipal, county, and other public sector building code officials, building code inspectors, and plans examiners. – The Senate Judiciary Committee took this Rule up on 2/11/21.

RULES BUNDLE – 103 CSR 06  Fire Marshal rule relating to standards for certification and continuing education municipal, county, and other public sector building code officials, building code inspectors, and plans examiners. – The Senate Judiciary Committee took this Rule up on 2/11/21.

SB 244 (Martin)  Similar to HB 2090 The purpose of this bill is to prohibit a non-investor-owned water or sewer public utility from prohibiting customers from constructing, installing, or maintaining a connection or other infrastructure necessary for the customer to connect to the public utility to receive service. It is unlawful for a non-investor-owned water or sewer public utility subject to the provisions 14 of this chapter, to prohibit a customer of that public utility from constructing, installing, or 15 maintaining, or hiring a contractor of the customer’s choice, to construct, install, or maintain, any 16 connection or other infrastructure necessary for the customer to connect to the public utility to 17 receive service. However, a public utility subject to the provisions of this chapter may require that Intr SB 244 2021R1494 2 18 all construction, installation, or maintenance be performed according to standards developed by 19 the public utility. Bill was assigned to Transportation and Infrastructure and is headed to the Senate floor and is on 2^st reading today 2.19.21. Senate ordered over to the House 2.23.21.

SB 272 (Blair) CS 272 Similar to HB 2020 (Skaff) 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. This is a Governor’s bill. Bill passed the Senate and is headed over to the House 2.19.2021. House accepted and communicated to the Senate on 3.10.21 bill has completed legislation and is on its way to the Governor’s Office. Effective 90 days from passage 6.9.21.Bill has been signed by the Governor 3.17.21 and is effective from passage.

SB 296 (Sypolt) – Relating generally to rules – The purpose of this bill is to repeal certain legislative, procedural, and interpretative rules promulgated by certain agencies, boards, and commissions which are no longer authorized or are obsolete. Assigned to Judiciary. Bill passed and ordered to the House 2.24.21.The bill has completed the legislation process and is on the way to the Governor’s office 3.10.2021 Bill has been signed by the Governor 3.19.21 and is effective from passage.

SB 324 (Jeffries) Clarifying municipal B&O taxation where business activity occurs. Bill assigned to Finance.

SB 374 (Maynard) – Increasing threshold for bid requirement of $10K to be consistent with other state agencies. When the cost under any contract or agreement entered into by the division, other than 4 compensation for personal services, involves an expenditure of more than $2,500 $10,000 and 5 less than $25,000, the division shall solicit at least three bids, if possible, from vendors and make 6 a written contract, or agreement, with the lowest responsible bidder. When the cost under any 7 contract or agreement entered into by the division, other than compensation for personal services, 8 involves an expenditure of $25,000. Bill is assigned to Gov Org. Bill passed out of committee and Senate order to the House 3.1.21 and the House has assigned the bill to Gov Org 3.2.21. The bill is on House Special Calendar  3^rd reading 4.2.2021. Bill passed the House and has completed the legislation process.

SB 393 (Beach) – Requiring contractors provide county boards of education number of units constructed prior to issuing permit. The purpose of this bill is to require persons building residential structures to inform the county board of education of the number of units to be constructed and the estimated number of occupants of those structures. The bill requires this information be provided before a building permit may be issued. Effective July 1, 2021, no person licensed under the provisions of this article may 15 perform contracting work that results in the building of homes, apartment buildings, 16 condominiums, co-ops, town houses or other structure meant for residential living without first 17 notifying the county board of education of the number of residential units to be built and the 18 estimated number of occupants of those units. Verification that this information had been provided Intr SB 393 2021R2010 2 19 to the county board of education is required before the building inspector, or other authority of any 20 incorporated municipality or other political subdivision in this state charged with the duty of issuing 21 building or other permits for the construction, may issue a building permit for the residential 22 structures. Bill is double reference to Workforce and then to Education.  The bill never made it out of committee.

SB 463 (Azinger) – Consolidating position of Inspector General of former Workers’ Compensation Fraud and Abuse Unit and position of Director of Insurance Fraud Unit –The purpose of this bill is to consolidate the statutory positions of Director of the Insurance Fraud Unit and Inspector General of the former Workers’ Compensation Commission Fraud and Abuse Unit. W.Va. Code §23-1-1b(g)(22) transferred the Workers’ Compensation Fraud and Abuse Unit, along with the position of Inspector General, to the Insurance Commissioner and, further, provided that the former Workers’ Compensation Commission’s Inspector General shall serve as the initial Inspector General for the Insurance Commissioner. However, pursuant to W.Va. Code §33-41-8(a), the Insurance Commissioner’s Fraud Unit is led by the position of “Director.” Both positions currently exist in state code and in the Division of Personnel’s Classification Specifications. The purpose of this bill is to consolidate the positions by eliminating reference to the position of “Director” of the Insurance Fraud Unit and replace it with reference to the position of Inspector General to clarify the position is one and the same. Bill is assigned to Banking and Insurance. Bill is passed the Senate and is headed to the House Gov Org 3.8.2021. The bill is on House Special Calendar 3^rd reading 4.2.2021. The bill passed the House and has completed the legislative process.

HB 466 (Maynard) – The purpose of this bill is to expand and clarify the definition of appraisal management companies for the purposes of The Real Estate Appraiser Licensing and Certification Act, as well as the Appraisal Management Companies Registration Act.  Further means any external third party authorized either by a 12 creditor of a consumer credit transaction secured by a consumer’s principal dwelling or by an 13 underwriter of or other principal in the secondary mortgage markets; a person or firm that performs Intr SB 466 2021R2978 5 14 or provides appraisal management services, directly or indirectly, through the use of software 15 products or on-line or by any means of communication and oversees a network or panel of more 16 than 15 certified or licensed appraisers in a state or 254 or more nationally within a given year. Bill was taken up in Senate Gov Org with CS to the floor of the Senate 3.4.2021. Bill passed the Senate and was sent over to the House Gov Org 3.11.2021. The bill is on House Gov Org agenda today. 3.30.2021 and still remains in committee 4.1.2021. The bill is on 1^st reading on the House Calendar 4.2.2021 bill has advanced to 3^rd reading 4.6.2021. The bill passed through the House and will be sent back over to the Senate 4.6.2021. Senate received the report from the House and concur bill has completed the legislation process.

SB 472 (Maynard) The purpose of this bill is to update the criteria the Performance Evaluation and Research Division uses when assessing an application for a new license or other government regulation and when reviewing existing government regulations relating to occupational and professional regulation. Bill is on House Gov Org today. 3.29.2021. Committee voted to send the bill to the House floor. The House has assigned the bill to Gov Org 3.30.2021. The bill is on House Special Calendar 3^rd reading 4.2.2021. House passed the bill with amendment and has communicated back to the Senate 4.2.2021. Bill has completed the legislation process and is headed over to the Governor. 4.6.2021.

SB 494 (Azinger) Similar to HB 2681 The purpose of this bill is to create a source of funding for the Old Fund by authorizing the Insurance Commissioner to transfer unspent special revenue funds from the Insurance Commission Fund, also known as the Commissioner’s operating account, to the Old Fund in order to reduce any deficit balance in the Old Fund. The Old Fund was statutorily created to pay compensable workers’ compensation claims with a date of injury or last exposure on or before June 30, 2005, incurred as a liability to the state’s former monopolistic workers’ compensation system. The prior sources of funding for the Old Fund were eliminated via legislation in 2016, 2017, and 2018. The Old Fund currently has no funding source other than investment income earned on its capital. Legislation passed in 2020 allowed the Insurance Commissioner to transfer unspent special revenue funds from the Insurance Commissioner Fund to reduce the deficit balance in the Old Fund for Fiscal Years beginning July 1, 2019, and 2020. This bill would allow the Insurance Commission to continue to do so for Fiscal Years beginning July 1, 2021, 2022, and 2023. Bill passed the Senate and ordered over to the House. 3.12.2021. The bill is on 3^rd reading House Special Calendar 4.6.2021. The bill passed the house and is on its way back to the Senate 4.6.2021. The Senate received the report from the House and concurred. The bill has completed the legislative process.

SB 475 (Tarr) ARTICLE 1. DIVISION OF LABOR. §21-1-5. Disposition of fees. 1 Notwithstanding any provision of this code or rules promulgated pursuant to the provisions 2 of §29A-3-1 et seq. of this code to the contrary, effective on July 1, 2021, all fees collected 3 pursuant to the provisions of this chapter shall be deposited into the General Revenue Fund for 4 appropriation by the Legislature: Provided, That any fees collected pursuant to the provisions of 5 this chapter and which are used specifically as all or part of the state contribution required for 6 receipt of federal funding are excluded from the requirement that those fees be deposited into the 7 General Revenue Fund. The purpose of this bill is to require that certain fees be deposited in the General Revenue Fund rather than special revenue accounts to allow appropriation of the funds by the Legislature. Bill is in Senate Finance 3.4.2021. Bill has passed the Senate and was sent over to the House Finance 3.11.2021.

SB 635 (Hamilton) (1) Basements exceeding 2500 square feet (232 m2) in new buildings shall be protected 50 throughout by an approved automatic sprinkler system: Provided, That if basements exceed 2500 51 square feet (232 m2 ), compliance with all fire protection requirements of this code is required. 52 (2) New buildings housing emergency fire, rescue, or ambulance services shall be 53 protected throughout by approved supervised automatic sprinkler systems: Provided, That 54 emergency services buildings that only house equipment and do not have sleeping (meaning to excluded 1 & 2 family dwellings which is part of the fire code already) areas or 55 quarters within them are exempt from this requirement. NOTE: The purpose of this bill is to require the State Fire Commission to propose rules relating specifically to sprinkler protection for basements exceeding 2500 square feet in new buildings and new buildings housing emergency fire, rescue, or ambulance services. The rules would exempt emergency services buildings that only house equipment and do not have sleeping areas or quarters within them. Bill is in Senate Gov Org today 3.25.2021. Bill passed the committee and is headed to the Senate floor. The bill is on 2^nd reading today on the Senate floor. 3.29.2021. They will have to pass it out today as it’s Crossover Day to move the bill to the House Chamber. UPDATE – Senate voted to lay the bill over one day. 3.29.2021. Bill is on 2^nd reading 3.30.2021. I have been in contact with senior leadership and we are submitting a floor amendment to clarify the language to remove the basement square feet section (lines 49-51).  The bill will be going to 3^rd reading with the right to amend. 3.30.21. Bill is on 3^rd reading in the Senate 3.31.2021. Bill passes the Senate with our amendment and is headed over to the House Gov Org Committee 3.31.2021.

SB 673 (Swope) Relating to venue for bringing civil action or arbitration proceedings under construction contracts. The purpose of this bill is to allow for civil actions where a party’s principal place of business is in West Virginia, and the construction project is in West Virginia, may be brought in West Virginia for any construction contract entered into on or after July 1, 2021. Further, such venue selection clauses in the construction contract mandating the action be brought outside West Virginia is unenforceable. Providing further, that arbitration proceedings mandating arbitration provisions for a construction contract entered into on or after July 1, 2021 take place in West Virginia and, to the extent it requires arbitration to be conducted elsewhere, such provision is unenforceable.  Bill was introduced on 3.19.21 and is assigned to Judiciary. Bill is on 3^rd reading in the Senate 3.26.2021. Bill passed the Senate and is now headed over to the House 3.26.2021. Bill is in the House and has been assigned to Judiciary. They will have to move it fast through the committee today to get back to the House Floor for consideration. UPDATE the bill is on House Judiciary today 3.31.2021. Bill passed out of the committee and sent to the House floor today. 3.31.2021. The bill is on House Special Calendar 1^st reading 4.2.2021 bill has advanced to 3^rd reading 4.6.2021. Bill has passed the House and is headed back over to the Senate 4.6.2021. The Senate received the report from the House and concurred. The bill has completed the legislative process.

SB 695 (Maynard) The purpose of this bill is that  each business, resident, and freeholder affected by the 7 proposed change to decrease the corporate limits of the municipality shall file an affidavit stating 8 consent before they may be included in the change to the metes and bounds of the municipality. 9 If an affected business, resident, or freeholder fails to file an affidavit of consent, or otherwise 10 respond to the petition to decrease the corporate limits within 90 days after the petition is filed, 11 the business, resident, or freeholder shall be considered to have consented to the proposed 12 change to decrease the corporate limits of the municipality. Bill passed the Senate and is headed over to the House. 3.31.2021. The bill is in House Gov Org today 4.5.21. Committee made an amendment to lower it from 5 years to 2 years. This bill would not limit businesses that want to come in voluntarily because they could petition to come in under another code section WV 8-6-4. The bill moved to the House floor and is on 1^st reading 4.6.21. Bill was advanced to 3^rd reading 4.8.2021. The bill went up for vote and Delegate Guy Ward (Marion County) asked the House Gov Org Committee Chair Brandon Steel to explain the difference between the two classification of the current boundary and current area. The mindset that both boundaries are the same and wanted to know how they differ. This led to multiple questions on the bill and wanted to know who asked for the bill and if any of the municipalities were contacted. Discussion lasted several minutes.  Delegate Graves explain that those businesses and people wanted to go into the annex they can voluntarily. The bill passed (68 to 31) 4.8.2021 and the House communicated to the Senate. Bill has completed the legislative process and is on its way to the Governor’s office.

HB 2001 (Hanshaw)  CS 2001 – Relating generally to creating the WV Jumpstart Savings Program. Bill has passed the House and the Senate assigned the bill to Education. 2.17.21. Bill is on Senate Ed 3.4.2021. Bill was amended by the Senate and was sent over to the House to concur 3.10.2021 bill has completed legislation and is on its way to the Governor’s office effective 90 days from passage 6.9.21. Bill was signed by the Governor 3.19.2021 and is effective from passage 6.9.2021.

HB 2006 (Howell, Espinosa, Foster, Horst, Hamrick, Miller, Steele, Holstein, Clark & Keaton)

CS 2006  The purpose of this bill is to transfer the West Virginia Contractor Licensing Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter 30 of this code. The bill retains the short title and declaration of policy with definitions of the existing act. It continues the West Virginia Contractor Licensing Board, composition, terms, qualifications, and appointment, Intr HB 2021R1639 46 together with administrative duties of board and legislative rules, without the Division of Labor. The bill does provide that the Division of Labor shall continue to perform inspections to ensure all applicable requirements are being met. The bill retains the necessity for contractor license and exemptions, procedure for licensing, expiration date, fees, and renewal of license. It continues procedure for revocation for unlawful use, assignment, or transfer of license. The bill continues the prerequisites to obtaining building permit and mandatory written contracts for certain work. The requirement of informational list for basic universal design features is retained, as is the provision for injunction and criminal penalties for violation of the article. Specific administrative duties of board and record keeping by the board are provided without the Division of Labor. The board is authorized to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license. Misdemeanor criminal penalties for violations of article are retained. Finally, the bill restricts municipalities, local governments, and counties from requiring a license at their jurisdictional level to perform contracting work. Committee Sub states that the CL Board will contract with the DOL for 24 months. The bill was  referred to Gov Org Committee. The bill passed out of committee (2/11/21) and will be headed to the floor.  The bill was on special calendar for 2^nd reading and was moved to regular House calendar and then was taken up to have the 2^nd and 3^rd reading of the bill to be on the same day 2/15/21.The bill passed the House and is headed to the Senate Gov Org. The CS has a combination of HB 2007 and HB 2008 as well. The bill is on Senate Gov Org agenda 3.9.2021. Amendment was offered by the committee to add “a person who performs painting services for residential services” you do not need a contractor license. The amendment was voted down. Amendment from Senator Jeffries to remove the residential from $10K to $5K and remove the $50K on the commercial and leave it at $25K and amendment is adopted. Bill is on 3^rd reading in the Senate 3.15.2021 AND PASSES 19 TO 14. Bill is headed back over to the House. 3.16.2021 and was asked to concur. Bill has completed the legislation process. The bill was signed by the Governor 3.27.2021 and is effective from passage.6.15.2021.

HB 2007 (Steele) CS 2007 ECS 2007 Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states. Bill was assigned to Gov Org. Tim Cunningham (Greater Charleston HBA) gave testimony on this bill. Bill is on 1^st reading today 2.16.21 and will advance to 3^rd reading on 2.18.21 and passed and now onto the Senate.  Bill is on Senate Gov Org  agenda today 2.16.2021. I will be available to the committee for questions. After much testimony the committee chair called for a motion to have the bill lay over for a future date. (5:40pm) This bill is back on today’s agenda 3.18.2021 the committee has provided an strike and insert amendment to the bill which gives the respective board the ability to approve the license. Unsure what the purpose of the bill is as the new language takes it back before the bill was introduced. The bill creates two avenues for certification and  education for trade license and referenced to Judiciary. Bill has completed the legislation process.

HB2008 CS 2008 (Foster) The purpose of this bill is to alter requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers. This bill reduces hours to obtain a license. Ex: This bill impacts plumbers and removes the hours to obtain a journeyman’s license from 8K hours  and replaces it with a written exam score of at least 70% and a master plumber to remove 12K hours and replaces it with a written exam score of at least 70% to obtain a license provided that the master plumber test is taken one year after the passage of the journeyman’s license. The bill also outlines that the HVAC Technician is a person with at least 2K hours of HVAC related work, training and experience This bill also raises the threshold limits for residential work from $2,500 to $10K (to included materials and labor) and commercial work (to included materials and labor) from $25K to $50K . This would match the dollar amount required to have written contract in place to perform the work WITHOUT a license. The bill reduces Journeyman Electrician license from 4 years to 1 year and Master Electrician license from 5 years to 2 years. The CS adds language that a person who is assisting a Journeyman or Master electrician does not need a license to perform such supervised work. It has also added any person who performs low voltage electrical work with only low voltage wiring will not be required to have an electrician’s license other than a specialty license. Low voltage electrical work is 80 volts or less and directly related wiring. The Fire Marshal shall grant the same or equivalent classification of license without written examination upon satisfactory proof furnished to the State Fire Marsal that the qualifications of the applicant demonstrate that the person can perform work safely and competently and is in good standing with all other jurisdictions where he or she is licensed.  The bill will be going to Gov Org. We knew this one was coming.  Bill passed the House with an amendment to remove the elevators and crane operators. Bill passed the House on 2.22.21 – 62 to 37 and is now onto the Senate and is assigned to Senate Gov Org. 2.19.21.Bill is on Senate Gov Org agenda 3.9.2021 and was pulled off the agenda. Bill is currently still in committee. 3.10.2021. At 11:40am 3.11.2021 the chair of Gov Org announced on the Senate floor that they would be meeting. (the public schedule for committee meetings still do not show there are meeting) so today the bill was put back on the agenda. I will be attending via Zoom. 3.11.2021. Committee Amendment was offered and approved. The bill remains the same as far our industry is concerned. 3.12.2021. Bill is on 3^rd reading in the Senate 3.15.2021. Senator Maynard offered a floor amendment which did not change any amendment that occurred in committee bill will be on 3^rd reading 3.17.21. Bill passed the Senate with amendment and has asked the House to concur. The amendment mentions that the commissioner of labor may enter into a cooperative agreement with OSHA to assist with enforcement. Senator Tarr stated on the Senate floor (3.17.21) that the DOL could not enter int an agreement with a federal organization. In summary, if an applicant can pass the written Journeyman Plumber test with 70% with no experience, can obtain a journeyman license. The Master Plumber qualifications are the same as the Journeyman Plumber with one addition. Before the applicant can apply for the Master Plumber that person would have held a Journeyman Plumber license for 1 year. The amendment does not reference any experience – just “hold” the license. HVAC Technicians only need 2K hours of HVAC related work, training and experience to obtain their license. (our HVAC members are in favor of this).The heavy hit was to electricians. The bill has lowered the qualifications of a Journeyman Electrician from 4 years to 1 year and the Master Electrician from 5 years to 2 years of electrical work experience, including experience in all phases of electrical wiring and installation and who has competent to design electrical systems and to instruct and supervise the electrical work of a journeyman electrician. The took the bill up for immediate consideration and passed the House 59 to 40. The bill will be headed over to the Governor’s office. The bill was signed by the Governor 3.27.2021 and is effective from passage.6.16.2021.

HB 2130 (Fleischauer) The purpose of this bill is to declare that the provisions of the Consumer Credit and Protection Act apply to general leases, landlords, tenants and residential rental fees a landlord may charge a general lease of residential real property. The West Virginia Supreme Court of Appeals held to the contrary in the case of Morrisey v Copper Beech Townhouses, 806 S.E. 2d 172 (W.Va. Oct. 12, 2017), citing, basically, the absence of specific legislative intent that this Act apply to general leases of residential real property. Bill is headed to Judiciary. Bill never made it out of committee. Note: this is a carryover bill from last year.

HB2151 (Howell & Martin) The purpose of this bill is to allow untested specialty classifications to be listed on a person’s contractor license, with no limitation as to the number of classifications. Bill is reference to Gov Org.

HB2180 (Jeffries, D.) The purpose of this bill is to prohibit the enactment or application of local laws for the registration, certification, or licensing of any trade, occupation, or profession. Bill is going to Gov Org.

HB2251 (Jeffries, D. & Hott) The purpose of this bill is to reorganize the articles in the current Chapter 30, regarding licensing of professions and occupations, into three separate chapters arranged by duties and educational requirements, both prior to and following licensing. This bill is Intr HB 2021R1190 348 recommended by the Joint Standing Committee on Government Organization for introduction and passage in the 2021 Regular Session. Bill has been sent to Gov Org.

HB 2256 (Hanna & Foster) The purpose of this bill is to stop the collection of municipal user fees from state employees –West Virginia House bill ends employee-based city user fees; Morgantown stands to lose $4.5 million per year – West Virginia Press Association (wvpress.org)

HB 2294 (Foster) Removing the requirement for contractors to file payroll information on public improvement construction projects – Bill will go to Workforce development then to Judiciary. Bill never moved out of committee.

HB 2296 (Foster) WV Contractor Licensing Act – The purpose of this bill is to transfer the West Virginia Contractor Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter 30 of this code. The bill retains the short title and declaration of policy with definitions of the existing act. It continues the West Virginia Contractor Licensing Board, composition, terms, qualifications, and appointment, together with administrative duties of board and legislative rules, without the Division of Labor. The bill retains the necessity for contractor license and exemptions, procedure for licensing, expiration date, fees, and renewal of license. It continues procedure for revocation for unlawful use, assignment, or transfer of license. Also, the prerequisites to obtaining building permit and mandatory written contracts. The requirement of informational list for basic universal design features is retained, as is the provision for injunction and criminal penalties for violation of article. Specific administrative duties of board and record keeping by the board are provided without the Division of Labor. The board is authorized to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license. Misdemeanor criminal penalties for violations of article are retained. Bill will go to GOV Org then to Judiciary.

HB 2313 (Foster) Reducing the number of hours of experience from 10K hours to 3K hours needed to qualify as a journeyman sprinkler fitter – Bill will go to Gov Org.

HB 2318 (Foster) Repealing the WV Jobs Act – Bill will go to Gov Org.

HB 2319 (Foster) Similar to HB 2180 (Foster) Prohibiting the regulation and licensing of occupations by local government – Assigned to Gov Org.

HB 2324 (Foster) Relating to charging fees for municipal services – Assigned to Political Subdivision then to Judiciary.

HB 2326 (Foster) Exempting from licensure as an electrician a person who installs low voltage electrical wiring – To Gov Org. Looks like this one was rolled up into CS 2008.

HB 2327 (Foster)  Repealing the law which makes prime contractors liable for the failure of subcontractors to make proper payments for workers’ compensation. Assigned to Workforce Development then to Judiciary. Bill is on Work Force Dev Committee agenda today 2.24.21. Committee held over the bill. 2.24.2021. Bill never made it out of committee.

HB 2331 (Foster) Requiring contractors performing work for government contracts on computers use software to verify the hours. To Workforce Development then Gov Org.

HB 2334 (Foster & Howell) Requiring certain boards that seek to increase a fee or seek to impose a new fee to also submit cost saving measures – Assigned to Gov Org.

HB 2347 (Foster & Jeffries) Relating to licensure qualifications. The purpose of this bill is to make technical corrections to certain licensure qualifications. Assigned to Gov Org.

HB 2442  Similar to SB 156  CS 156 RULES BUNDLE (Foster) – Authorizing the Fire Commission to promulgate a legislative rule relating to standards for the certification and continuing education of municipal, county, and other public sector building code officials, building code inspectors, and plans examiners – To Government Organization. The Senate advanced their version to 3^rd reading on 2/16/21. The Senate version has passed and is on its way to the Governor’s office. 3.23.2021.

HB 2443 Similar to SB 157 RULES BUNDLE (Foster) – Authorizing the Fire Marshal to promulgate a legislative rule relating to standards for the certification and continuing education municipal, county, and other public sector building code officials, building code inspectors, and plans examiners – To Government Organization

HB 2457 Similar to SB 193 RULES BUNDLE (Foster) – Authorizing the Board of Landscape Architects to promulgate a legislative rule relating to registration of landscape architects – To Government Organization

HB 2458 Similar to SB 194 RULES BUNDLE (Foster) – Authorizing the Board of Landscape Architects to promulgate a legislative rule relating to application for waiver of initial licensing fees for certain individuals – To Government Organization

HB 2488 (Foster) Relating to an occupational limited license as it pertains to the driver may not be issued an occupational limited license for the purpose of operating a commercial motor vehicle. Bill will be assigned to Technology and Infrastructure then to Judiciary. Bill is on 3^rd reading 3.31.2021 bill has passed the House and is headed over to the Senate 3.31.21.

HB 2513 (Foster) (LMRC) This bill is relating generally to repealing certain rules. The purpose of this bill is to repeal certain legislative, procedural, and interpretative rules promulgated by certain agencies, boards, and commissions which are no longer authorized or are obsolete. Bill will go to Gov Org.

HB 2516 (Foster) Altering the definition of a specialty contractor under the WV Contractor Licensing Act. .  The purpose of this bill is to create an exemption under the WV Contractor Licensing Act that would allow for specialty contractors performing subcontracted work to not have to obtain a contractor’s license if 10% or less of the value of the work performed on a singular project goes to the cost of labor. Bill will go to Gov Org

HB 2518 (Fast) Allowing a home improvement transaction to be performed under an oral contract. Notwithstanding any other provision of this code to the contrary and notwithstanding the 2 provisions of Attorney General Rule §142-5-3, it is not an unfair or deceptive practice to have an oral contract to perform any home improvement transaction. The Attorney General shall amend 4 its rules to comply with this section.  Bill is assigned to Judiciary.

HB 2526 (Fast) Defining the term minor boundary adjustment. The sponsor of the bill has been informed that this issue was addressed last year with SB 209. He has agreed to not push the bill. Bill will go to Political Subdivisions then to Judiciary.

HB 2551 (Pushkin)  Relating to consumer protection of new manufactured home warranties. Bill has been assigned to Judiciary.

HB 2590 (Capito) 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. Bill is on 1^st Reading on the House Floor 4.7.2021.

HB 2604 (Mallow Conley, Forsht, Bruce, Longanacre, Horst, Miller, Pritt and Holstien – Expand 529 savings plans to include vocational and trade schools – to Education then to Finance.

HB 2681 (Westfall & Hott) SB 494 (Azinger) Authorizing the Insurance Commissioner to transfer moneys from the Insurance Commission Fund into the Workers’ Compensation Old Fund to reduce any deficit balance of the Old Fund. The purpose of this bill is to create a source of funding for the Old Fund by authorizing the Insurance Commissioner to transfer unspent special revenue funds from the Insurance Commission Fund, also known as the Commissioner’s operating account, to the Old Fund in order to reduce any deficit balance in the Old Fund. The Old Fund was statutorily created to pay compensable workers’ compensation claims with a date of injury or last exposure on or before June 30, 2005 incurred as a liability to the state’s former monopolistic workers’ compensation system. The prior sources of funding for the Old Fund were eliminated via legislation in 2016, 2017 and 2018. The Old Fund currently has no funding source other than investment income earned on its capital. Legislation passed in 2020 allowed the Insurance Commissioner to transfer unspent special revenue funds from the Insurance Commissioner Fund to reduce the deficit balance in the Old Fund for Fiscal Years beginning July 1, 2019 and 2020. This bill would allow the Insurance Commission to continue to do so for Fiscal Years beginning July 1, 2021, 2022 and 2023. Bill assigned to Banking & Insurance then to Finance. I have reached out to Delegate Westfall for clarification. 2.23.2021. I received an answer from Delegate Westfall and the thinking behind the bill is to remove the “unfunded liability fee” from insurance premiums. Bill is on Banking & Insurance Committee agenda today (that was fast) 2.24.21. Jim Dodrill, WV Insurance Commissioner gave testimony to the committee that the reason for a deficit was due to claims and that the WV Legislature removed the funding source. The funding source for the Insurance Commissioner is gathered by license fees, taxes and surcharge which they receive approximately $20 million annually. The fund currently has a $63 Million deficit (2020) and the goal of this bill is to reduce the deficit completely by the next 3 fiscal years which would be 2023. The bill passed out of committee and will be headed to House Finance 2.24.21. Senate version is on Finance agenda today 3.8.2021. Senate version passed and was ordered over to the House. 3.12.2021. The Senate version has completed the legislation process.

HB 2792 (Anderson, J. Kelly, Zatezalo, Boggs, Criss & Reynolds) The purpose of this bill is to allow new customers of natural gas, as of May 1, 2021, to receive direct access from natural gas supplies and to modify the ability of existing customers to receive direct access to natural gas service if the end user expands its existing service of 25 million cubic feet of natural gas per year or more. The bill is in House Energy & Mfg 3.4.2021. Bill was held over on Friday and now is on 3^rd reading House Special Calendar 3.25.2021 Bill passed the House with a floor amendment and is now headed over to the Senate. 3.25.2021.

HB 2840 (Thompson, Walker, Young & Doyle) Increase state minimum wage – The purpose of this bill is to raise the minimum hourly wage to be paid to employees and trainees. The increase in the minimum hourly wage is to be phased in through a schedule of stages up to the year 2026. To raise in June 30, 2021 to $9.75/hour, December 31, 2021 to $10.75/hour, December 31, 2023 to $13.25/hour, December 31, 2025 to 15.00/hour. Bill is referenced to Small Business, Entrepreneurship & Economic Dev.

HB 2849 (Thompson, Walker, Young, Doyle & Hornbuckle) Repeal Right-to Work. Bill is referenced to Small Business, Entrepreneurship and Eco Dev.

HB 2851 (Foster & Steele) The purpose of this bill is to eliminate the requirement for all new legislative rules to have a five year sunset date after the initial five year sunset date, to allow the Secretary of State to conform all active legislative rules with a sunset provision to the requirements of this section, and requires the Secretary of State to file a notice of sunset in the State Register upon the expiration of a legislative rule within thirty days of its expiration. Finally, the bill requires that effective July 1, 2021, all legislative rules subject to the sunset provisions of this section shall have a termination date of July 1 of the applicable year. This bill was recommended for passage during the 2021 legislative session by the Legislative Rule-Making Committee. Bill is referred to Small Business, Entrepreneurship and Eco Dev.

HB 2879 (Young) The purpose of this bill is to modify the term ‘employee’ to include an individual who provides work for an employer under the terms of an independent contract with such employer. Bill is assigned to Workforce then to Judiciary. 3.3.21

HB 2889 (Steele) 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 bill is assigned to Workforce and then Judiciary 3.3.2021.

HB 2909 (Foster) – Updating the criteria used when assessing an application for a new license or other government regulation relating to occupational and professional regulation. The bill is assigned to Gov Org 3.4.2021.

HB 3267 (Wamsley, Booth, Haynes & Bruce) – The purpose of this bill is to change the method of assessing inventory for taxing purposes bill has be assigned to Finance 3.16.21.

HJR3 (Mallow) The purpose of this resolution is to provide the Legislature with authority to establish the valuation, assessment value and classification of property in this state for purposes of ad valorem taxation, to fix maximum rates for the taxation thereof by the levying bodies, and to provide for the exemption thereof from taxation, fully or in part, all to be determined as provided by general law, effective on and after January 1, 2023; and to preserve all existing exemptions from taxation where provided by constitution. Bill was in House Judiciary and passed with amendment which included equipment personal property directly used in business activity. The resolution is on the House Calendar 2^nd reading 3.30.2021. Delegate Fluharty & Skaff submitted a floor amendment to remove the tax on vehicles. Amendment passed unanimously. Bill will go to 3^rd reading on 3.31.2021. Resolution passed the House and is headed to the Senate 3.31.2021. Bill is back over to the House and has been assigned to House Judiciary 4.1.2021 and continues to remain there. 4.6.21 The bill is in the House chamber on 1^st reading 4.7.2021.