2018 Legislative Wrap-Up

The bills of interest to forestry were:

S.J.R. 3: Judicial Budget Oversight Amendment: By Boso & Cline. To control WV Supreme Court of Appeals budget. If passed, a constitutional amendment will appear on 2018 general election ballot). Completed Legislation – Goes to vote of people in General Election. Passed version provides percentages beyond which the legislature may not cut. Gone is protecting the budget from legislative actions based on “a particular ruling, order, or decision of a court of this state.”

S.J.R. 9 & H.J.R. 106: Just Cut Taxes and Win: By Carmichael (Mr. President) and Prezioso. Purpose: Elim-inates personal property taxes on industrial equipment and inventory. Died.

S.B. 125: 2018 Tax Reform Act: By Karnes. Purpose:    To enact the Act.  Died.

S.B. 156: DEP rule for air pollution from combustion   of solid waste: By Maynard. Purpose: Authorizes DEP to implement EPA updates. Passed Energy, Ind. & Mining. To Judiciary. Com. Sub. as SB.163.  Enacted as SB 163.

S.B. 159: DEP Rule for standards for hazardous air pollutants: By Maynard.  Authorizes DEP to implement EPA updates. Com. Sub. as SB.163.  Enacted as SB 163.

S.B. 160: DEP rule for ambient air quality standards: By Maynard. Purpose: To authorize DEP to implement EPA updates. Com. Sub. as SB.163. Enacted as SB 163.

S.B. 163:  Authorizes DEP to promulgate certain legislative rules.  Signed by Gov.

S.B. 164: DEP rule for underground storage tanks: By Maynard. Purpose: To authorize DEP to implement EPA. Com. Sub. for SB.163.  Enacted as SB 163.

S.B. 188: Agriculture rule relating to noxious weeds:   By Maynard. To authorize the Commissioner of Agriculture to promulgate a legislative rule relating to noxious weeds (Barberry).  Com. Sub. as HB 4079.  Enacted as HB 4079.

S.B. 192 / HB 4079: Agriculture rule relating to charges for inspection services: By Maynard. Authorize WVDA rule     for charges for inspection services(fruit) Affects scales.  Com. Sub. as HB 4079.  Enacted as HB 4079.

S.B. 269 / H.B. 4154: Establishing 2018 Regulatory Reform Act:  By Carmichael (Mr. President) & Prezioso. To Create the 2018 Regulatory.  Died as HB 4154.

S.B. 284: More access to career education & training: By Carmichael (Pres) & Prezioso. Establish education (ACE) programs & WV Invests Grant Program.  Died.

S.B. 289 / H.B.4205: A natural resource producers to
tax credit: By Smith & Cline. Purpose: Natural resource

producers get economic opportunity tax credit; credit to be used to offset severance taxes.  Died.

S.B. 310 / H.B. 2790: Transferring Division of Forestry to Dept. of Agriculture: By Gaunch, Drennan, Karnes & Rucker.  Died.

S.B. 341: Creates Intermediate Court of Appeals: By Ferns & Rucker.  Died.

S.B. 485: Terminating Workers Comp Debt Reduction Fund payoff for self-insured employers: By Blair. Ends Workers Comp Debt Reduction assessment on self-insureds (different debt than the rest of us).  Died.

S.B. 520: Truck Weight limits: By Cline. Increase the weight limits for vehicles on certain highways. Died.

*S.B. 555: Providing immunity from civil liability for qualified directors of certain governmental and nonprofit entities: By Ferns. Director of a corporation is not personally liable for the corporation’s torts, or the torts of its agents or employees, unless he or she directed, sanctioned, or participated in the wrongful acts. Helps WVFA volunteers. Completed legislation, awaits Gov’s signature.

S.B. 595: Creating Protect Our Right to Unite Act: By Azinger. Protection of privacy of association.  Died.

*S.B. 616: Establishes maximum gross weight for certain wood-bearing trucks: By Boso & Cline. Sets maximum weight for wood-bearing trucks with 6-axles & 2 added brakes to 94,000 pounds. Completed legislation, awaits Gov’s signature.

H.B. 2039: Tax credit for new businesses in WV: By Rodighiero. Sets tax credit for new businesses that locate

in WV. Died.

H.B. 2061: Providing that defects in windshields and windows that do not obscure vision are not unsafe conditions: By Upson. Died.

H.B. 2304: Relating to gasoline & fuel excise tax: By Fast & Overington. Refund of gasoline or fuel excise tax if fuel consumed by commercial vehicle not operated upon highways of WV. Died.

H.B. 2511: Establishes industrial water extraction fee: By Fleischauer & Hornbuckle. Places penny fee per gallon of water for industrial use; plus penny fee on every gallon transported over state roads.  Died.

H.B. 2874: Related to definition of Managed Timberland: By Lynch, Longstreth, Moye, Marcum, Dean, Pyles, Iaquinta, Ferro, Williams, & Phillips. Exclude from “managed timberland” any real estate being leased to another party for monetary gain. Died.

H.B. 2968: Money collected from sale of timber on state-owned forests and parks be distributed on pro rata basis: By Thompson, Marcum, Rodighiero and Hicks. Money goes to the specific forest or park timbered. Died.

H.B. 3020: Criminal penalties for trespass hunting, trapping, fishing: By Harshbarger, Howell, Cowles, Ambler, Boggs, Paynter, Atkinson, Kessinger, Eldridge, Statler & Overington. Provides the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands, or destroying posted land signs shall be equivalent to penalty for criminal trespass.  Died.

H.B. 4002: Delegates be elected from one-hundred single districts based on US Census in 2020: By Overington, Cowles, Moore, Hill, Romine, C. Deem, Walters, Hamil-ton, Jennings, Mr. Speaker, & Maynard. Reappor-tionment & redistricting based on 2020 US census, House of Delegates shall comprise 100 single-member districts. Completed legislation, awaits Gov’s signature.

H.B. 4005: Clarifying that appeals to the Supreme Court are a matter of right: By Shott, Miller, C. Hanshaw, Lane, Zatezalo, Ellington, Sobonya, Deem, Capito, C. Romine, & Mr. Speaker. Died.

H.B. 4038: State agency trainings must be conducted in state-owned facilities: By Howell, Ward, Arvon, Walters, Sypolt, Criss, Atkinson, Harshbarger, Dean & Martin. State agenyc’s training only in state-owned facilities, unless the costs of training is equal to or less than agency costs in a state-owned facility.  Died.

H.B. 4187: Business Liability Protection Act: By Foster, Graves, Butler, Summers, Zatezalo, R. Miller, Barret, Isner, Hollen & Blair. Limit possession of firearms on certain premises and definitions.  Completed legislation, awaits Gov’s signature.

H.B. 4245: Exempting wood furniture from sales taxBy Ward, Howell, Paynter, Frich, Martin, Hamrick, Kelly, Atkin-son III, Hamilton, Butler, Fast. Exempts wood furniture from sales tax, if 75% of finished product is WV timbered & furniture is made in WV. Died.

*H.B. 4268: Co-tenancy Modernization and Majority Protection Act: By Anderson, Kelly, Zatezalo, Westfall, Fast, Higginbotham, Ward, Hollen, Atkinson, Foster & Lane. Trespass for certain oil, natural gas use & development – encourage efficient economic development of oil & natural gas resources. Effective 90-days from passage (June 3).

H.B. 4312: Requiring purchasers of roundwood collect & maintain information: By Evans, Hartman, Hamilton, & R. Romine. DOF bill to require purchasers of round-wood to collect and maintain certain information provides criminal penalties for failure to record, maintain or for falsifying required information. Requires sellers to provide updated information to purchases prior to purchase; and it clarifies that the employees of the Division of Forestry are authorized to issue citations for violations of the Logging Sediment and Control Act.  Study Resolution to FMRC.

H.B. 4319: Adding “sexual orientation” and “gender identity” categories to the Human Rights Act: By Pushkin, Miley, Lynch, Lovejoy, Hartman, Moore, Isner, Williams, Walters, Westfall & Higginbotham. Adds “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodation. The bill adds “age”, “sexual orientation” and “gender identity” to the categories covered by the Fair Housing Act discrimination in housing. Defines “sexual orientation” and “gender identity” – [important to employers].  Died.

H.B. 4401: Relating to the registration of business: By Ambler, Sobonya, Westfall, Frich, Cooper, Foster, Householder, Bates, Barrett & Phillips. Removes requirement that the Division of Labor shall charge an annual device registration fee. Also removes a subsection that directs the use of the fees paid pursuant to this section. Completed legislation, awaits Gov’s signature.

*H.B. 4628: Relating to authorizing the redirection of amounts collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to January 1, 2019: Reduces WC premiums by 9%.  By Nelson, C. Miller, Boggs, Walters, Westfall, Espinosa, Ambler, Frich, Hartman, & Storch. Passed. Completed Legislation.