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Summaries Of Key Bills That Have Been Introduced During the WV Legislative Session

Author: ITP News Desk | Published: 01/29/2010 | 41 Views | Short URL: http://www.inthepanhandle.com/local/n/6457

The source for the following information is the WV Chamber of Commerce Legislative Report Email 01/29/2010

SJR 11/HJR 101 - proposes a constitutional amendment to give the Legislature flexibility in determining whether commercial and industrial machinery, equipment and inventory should be exempt from ad valorem taxation.

H.B. 4001 - would require the W.Va. DEP to develop specific standards to control levels of total dissolved solids in the state’s rivers and streams, set certain reporting requirements of the oil & gas industry with respect to water withdrawals and other water management requirements related to the use of fracturing liquids.

H.B. 4010 – (right to inspect personnel file) would give all (public and private) employees the right to review and copy their personnel files during regular business hours upon written request by the employee not more than twice a year, unless employee has been involuntarily terminated.. Employer may charge 10 cents per page for copying file and may require to take place in presence of a designated official.

Com. Sub. for H.B. 4016 -  would strengthen the Ethics Act financial disclosure filing requirements - requires the spouses of public officials’ income to be provided and prohibits a government employee from lobbying for a private company for one year after separation from government employment.  (Passed House)

H.B. 4035 - Electronic filing of tax returns and fund transfers provided for a consistent threshold of $10,000 tax liability to require taxpayers to file electronically; require taxpayers to pay by electronic transfer; require any tax preparer of 25 returns or more to file returns electronically; requires employers with 50 or more employees to file withholding electronically. 

H.B. 4036 – would establish a Judicial Advisory Commission to assist the Governor in filling judicial vacancies. The Commission would consist of eight appointed members who would be appointed by the Governor to six-year terms, four of which would be attorneys chosen from a list of names submitted by the Governing Board of the West Virginia State Bar and four of which would be lay members. The Governor, the President of the West Virginia State Bar, and the Dean of the West Virginia University College of Law would be ex officio members. The bill would require the commission to establish procedures for considering potential judicial appointees and require the submission of a list of no more than five nor less than two names of best qualified persons to the Governor.

H.B. 4038 - statutory lien on fire insurance in event of property loss (municipal rule) establishes a statutory lien on proceeds of fire insurance for cities and counties to clean up property.

H.B. 4040(S.B. 228) – would permit county school boards to set the start and end date of the school calendar and provide for 180 days of instruction.  On second reading in the House 2-22-09

H.B. 4191 – eliminating Insurance Commission exemption from rulemaking for workers compensation insurance on July 1, 2010.  This would require that all workers compensation rules follow the procedures of the Administrative Procedures rulemaking approval.

H.B. 4192 – would create the WV ski industry Commission – creates a public/ private commission to encourage development of more ski resorts and report to Joint Committee on Government and Finance in October 2011.

H.B. 4214 – Requiring review and approval of final settlements of WC awards within the office of judges as a compromise settlement division to review each settlement subject to approval and to issue a recommendation to the chief administrative law judge.

S.B. 82(H.B. 2363) – (Jobs Impact Statement) would require a jobs impact statement to be completed by the West Virginia Development Office for certain proposed legislation that may impact both short-term and long-term jobs in this state.

S.B. 96 – (State Labor Relations Act) would allow collective bargaining for public employees; “to promote orderly and constructive employment relations between the state and its employees; Granting to state employees the right to associate with others in organizing and choosing representatives for the purpose of collective bargaining; requiring the state to recognize, negotiate and bargain with employee organizations representing state employees and to enter into written agreements evidencing the result of bargaining; and encouraging labor peace through the establishment of standards and procedures which protect the rights of the state, the state employee and the citizens of this state.”

S.B. 142 & 161 – (Asbestos Transparency Disclosure) would establish a procedure that requires a claimant that files an asbestos case after the effective date of this bill to provide information to all defendants about all claims filed or anticipated to be filed by that claimant against asbestos bankruptcy trusts, a mechanism for the defendant to challenge those claims, a procedure for sanctions by the court, and for set-offs for those claims. (Note: these bills are from prior sessions and are not what is anticipated to be worked this session)

S.B. 195 – (non-partisan election of justices to the state Supreme Court) would allow Supreme Court justices to be elected on a nonpartisan ballot in 2012.

S.B. 200 – would amend portions of the current statute to clarify deliberate intention litigation, and to add new provisions to the statute, including positive intoxication tests creates a rebuttable presumption of cause of accident, updating definitions.  This bill would provide needed corrections to deal with deliberate intent lawsuits.  The W.Va. Chamber supports.

S.B. 201 – would provide for punitive damages standards and limitations through legislative findings and defining terms; setting punitive damage pleading requirements; creating a procedure for award of punitive damages; proof required for punitive damages; punitive damage limitations. The W.Va. Chamber supports.

S.B. 233(H.B. 4130) – (State Supreme Court of Appeals Public Campaign Financing) would provide alterative campaign financing options for candidates for the West Virginia Supreme Court of Appeals in 2012 through public funds funded through attorney fees, special court fees, and funds from the Treasurer’s Unclaimed Property Trust Fund. Candidates participating in the Pilot Project would be required to raise a certain amount of campaign funds to qualify for the program and receive public funds. Candidates accepting public funds are thereafter prohibited from raising or spending money from private sources.

S.B. 345/H.B. 4183 – would require a telecommunications tax study and mandate that the Tax Commissioner undertake a study of the telecommunications industry for the purpose of making recommendations with respect to amendments to the state telecommunications tax. The bill would authorize the Tax Commissioner to order the disclosure of certain information by persons engaged in the telecommunications service business or a related business and includes confidentiality protections for any information so disclosed

S.B. 346 – would establish a single statewide credentialing verification organization and the improvement of the credentialing process, including creation of a credentialing verification organization and a uniform recredentialing calendar.

S.B. 401 – would make changes to the state’s property tax appraisal and appeals process.

The following links will allow you to search for bills and determine the status of legislation for the 2009 session of the West Virginia Legislature.  These link pages and the legislative information are maintained by the West Virginia Legislative Reference & Information Center.
Bill Status - http://www.legis.state.wv.us/Bill_Status/bill_status.cfm
Bill Tracking - http://www.legis.state.wv.us/billstatus_personalized/persbills_login.cfm
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