Legislative Update
March 13, 2018
Regina Skeen, Executive Officer/Lobbyist

SB #506 (Swope, Smith, Boso & Cline) – This bill is to deregulate persons who perform work on HVAC and cooling systems and fire dampers. The bill added language to amend code for those persons who perform work on HVAC and Fire dampers and created a new license of “HVAC Residential Technicians”. The HVAC Residential Technician license will issued only to qualified applicants without examination (by the Commissioner of Labor) to test, maintain and repair residential HVAC systems of 5 tons – 130,000 BTUs for single or dual family structures. The bill passed the Senate on 2/27/2018 and was sent to over to the House.   Update: The bill completed the legislative processed.

SB #565 (Jeffries, Gaunch, Palumbo, Baldwin, Facemire, Ojeda, Plymale, Prezioso, Romano, Stollings, Unger, Woelfel and Cline) – The purpose of this bill is to remove the language making it mandatory that the State Fire Commission adopt energy codes. The code currently states 2009 IECC. This legislation removes the language of “2009 IECC”. The bill passed the Senate on 2/28/2018 and was sent over to the House. Update: The bill was held in House Government Org, however this bill is similar to HB 4444 which completed the legislative processed. See below.

SJR#9 (Armstead, Miley, Carmichael, Prezioso) – This bill is requested by Governor Justice and you may know it by the equipment personal property reduction bill. The purpose of the resolution is to submit the “Just Cut Taxes and Win” to the Constitution of the State to the people of the State for ratification or rejection at the general election of 2018. Let me call you attention to page 3, Subsection D – Frozen Assessed Value, Stepdown & Elimination: take a look on the reduction schedule. Also under that you will note that the Governor will have to annually submit to the Legislature replacement revenue. The Senate version is in their Judiciary Committee while the House version is in their Finance committee. NO CHANGE

HB2848 “Livable Home Tax Credit” (Sypolt, Rohrhbach, Maynard, Boggs, Graves, Paynter, Pyles, Lynch, Eldridge & Martin) – The reasoning behind this bill is to provide a tax credit for modifications to homes made more accessible for an elderly person or person with a disability. The WVHDF is mentioned in the bill as having $500,000 in tax credits. If passed, it may be an option for builders to offer their customers when remodels or new construction is involved. The bill is currently in House Senior Citizen Issues Committee on 1/10/2018 and now rest in House Finance as of 2/9/2018. Update: The bill did not make it out of committee and died in House Finance.

HB 4002 “Apportionment of Representation” (Armstead, Overington, Cowles, Moore, Hill, Romine, Deem, Walters, Hamilton, Jennings & Maynard – You may know this bill as the redistricting bill. The purpose of this bill is to provide that in the reapportionment and redistricting following the 2020 US census that the house shall comprise 100 single member districts. The bill is in the Senate Judiciary since 1/23/2018. Update: The bill completed the legislative processed.

HB 4186 “Guaranteed Asset Protection Waivers” (Westfall, Householder, Upson, Miller, Frich, White, Lane, Kessinger, Moore, Criss & Nelson) – The purpose of this bill is to clarify that guaranteed asset protection waivers are not insurance. The bill went to House Judiciary on 2/2/2018 and passed the House on 2/9/2018. Senate Judiciary has the bill. Update: The bill completed the legislative processed.

HB 4317 “WV Contractor Licensing Act” – (Foster, Howell, Pack, Butler, Miller, Hamrick & Jennings) – The purpose of this bill continues the WV Contractor Licensing Board, composition, terms, qualifications and appointment, together with administrative duties of board and legislative rules, without the Division of Labor. The bill went to House Government Organization on 1/26/18 and now it rest in House Judiciary as of 2/5/2018. Update: The bill never made it out of House Judiciary Committee.

HB 4401 (Ambler, Sobonya, Westfall, Frich, Cooper, Foster, Householder, Bates, Barrett and Phillips) – The purpose of this bill is to remove the requirement that the Division of Labor shall charge an annual device registration fee. The bill also removes the subsection that directs the use of the fees paid pursuant to this section. Update: The bill completed the legislative process.

HB 4418 (Fleischauer, Rohrbach, Fluharty, Lovejoy, Williams, Sponaugle, Campbell, Pyles, Hornbuckle, Storch and Queen) – This bill is the Landlord/Tennant bill. 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. Update: The bill was sent to House Judiciary Committee on 2/5/2018 and never made it out of committee.

HB 4444 (Frich, Byrd, Cooper, A. Evens, Hamilton, Love, Maynard, Rushkin, Statler, Butler & Paynter) The bill will remove the language making it mandatory that the State Fire Commission adopt energy codes. This bill is the twin to SB #565. Bill passed the House on 2/26/2018 and also went to Senate Government Organization on 2/27/2018. Update: The bill completed the legislative processed.

HB 4532 (Foster) – The purpose of this bill is to repeal Code, §21-5-7 requiring a prime contractor to be responsible for wages and benefits owed by subcontractor, under certain circumstances. The bill is currently went to House Judiciary on 2/13/2018 and now resides in House Judiciary as of 2/13/2018. Update: The bill died in committee.

HB 4628 (Nelson, C. Miller, Boggs, Walters, Westfall, Espinosa, Ambler, Frich, Hartman & Storch)
This is the Workers Compensation bill – The purpose of this bill to redirect the amounts collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to January 1, 2019. This bill is addressing the workers’ compensation unfunded liability of the “old fund” account. 75% of the surcharge premiums that are collected from July 1st – December 31st of 2018 will be deposited in the General Revenue Fund. Beginning January 1, 2019 no surcharge may be assessed. Example: You are paying your premium every six months. Your renewal month is March 1, 2018 then 75% of the surcharge will go to the General Fund from March to December. Your premium from January – March 2019 will not have the surcharge. The bill is on 2nd reading today (2/27/2018) Update: The bill completed the legislative processed.