From the Well | February 15, 2021

In addition, the House of Delegates started something new this year. Speaker Roger Hanshaw recorded a video to provide an update on a few key items accomplished in the House last week.

Over the last few years, the House Government Organization Committee has been addressing the authority of various licensing boards. Friday afternoon, the committee passed a committee substitute for HB2007, which provides for a method for people who hold licenses for certain occupations to apply for licenses in West Virginia.

The individual must indicate that he or she intends to become a West Virginia resident. The bill also establishes that an applicant’s license is in good standing in the states where the individual already holds a license, has never had a license revoked or suspended, and does not have any pending investigations or disciplinary proceedings in another state.

The House Judiciary Committee discussed HB2003 Saturday morning. The bill seeks to clarify the authority and obligations of the Governor and the Legislature related to declared states of preparedness and emergency.

In addition to defining states of emergency and preparedness, the introduced bill places a limit of 60 days for the two to last, it provides for the Legislature to be able to declare or extend a state of emergency or preparedness through a concurrent resolution.

There were several questions asked by members of the committee, and the bill was amended to include language that specifies the governor may only transfer public property during a state of emergency, and removed the the restriction on the period of time the legislature can extend the state of emergency.

The Senate Education Committee met Friday afternoon to deliberate SB15 which, if passed, will prohibit a classroom teacher from receiving the salary increase for any education level above A.B. plus 15 unless certain in-field master’s degree-related requirements have been met.

Committee attorney Hank Hager said this bill would build off the current process in place and if the teacher meets the criteria a salary increase could be granted. Senator Amy Grady R-Mason, a teacher, told the committee, “West Virginia is very top heavy with administrative positions. Teachers get degrees and leave the classroom so this bill will help keep quality teachers in the classroom.”

The House and Senate Judiciary Committees each discussed employment-related bills to close out the first week.

House Judiciary considered HB2009, which limits the use of wages and agency shop fees by employers and labor organizations for political activities. The bill also prohibits any person from coercing or intimidating any employee into making a political contribution or engaging in any form of political activity; prohibits employers and others responsible for the disbursement of wages and salaries from withholding or diverting any portion of an employee’s wages or salary for political activities without express, written authorization; and makes it an unfair labor practice under the Labor-Management Relations Act for the Private Sector for a labor organization to use agency shop fees paid by nonmembers for political activities, unless expressly authorized by the individual.

A similar bill was passed by the Legislature in 2017, but was vetoed because the required annual renewal of withholding would be burdensome for employers. Members asked a number of questions about the bill including why it is retroactive to July 1, 2017, but counsel did not know the answer to that and some other questions.

An amendment to make withholding designations annually renewed was adopted and the bill as amended was sent to the floor with a recommendation that it do pass.

Meanwhile on the Senate side, Judiciary Committee members took under consideration SB6, which creates the WV Employment Law Worker Classification Act.

The purpose of the bill is to simplify the criteria used to define independent contractors and to impose objective standards for differentiating independent contractors from employees for laws concerning workers’ compensation, unemployment compensation, Human Rights Act rights, and wage payment and collection.

The intent is to ensure that workers who are indeed “employees” are properly classified as such and will be afforded the legal protections and obligations that apply to such status, and that workers who desire to be, and meet the standards of being, independent contractors will be entitled to the freedoms that such a relationship provides which will reduce unnecessary and costly litigation and confusion in the workforce marketplace and in the courts.

There was much discussion about the bill, including concerns expressed by Senators Mike Romano and Richard Lindsay that the bill appears to be inconsistent with federal law, specifically IRS criteria. Romano also suggested removing individuals from the workers compensation system will impact the system fiscally, and that it will have a negative impact on businesses.

Senator Ryan Weld argued in favor of the bill stating it will consolidate disparate tests,

suggests that the HRA does not distinguish between employees and independent contractor and that the law would actually clarify the law and the obligation of business owners.

After considerable discussion, the committee reported the bill to the floor with a recommendation that it do pass.

Senator Robert H. Plymale (D – Wayne, 05) February 2; Senator Rupie Phillips (R – Logan, 07) February 17; Delegate Ben Queen (R – Harrison, 48) February 7; Delegate Mike Pushkin (D – Kanawha, 37) February 8; Delegate Ed Evans (D – McDowell, 26) February 9; Delegate Cody Thompson (D – Randolph, 43) February 12; Delegate Chris Toney (R – Raleigh, 31) February 13; and Delegate Lisa Zukoff (D – Marshall, 04) February 27.

2021 Legislative Calendar

First Day – February 10, 2021: First day of session. (WV Const. Art. VI, §18)

Twentieth Day – March 1, 2021: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

Thirty-fifth Day – March 16, 2021: Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

Forty-first Day – March 22, 2021: Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

Forty-seventh Day – March 28, 2021: Bills due out of committees in house of origin to ensure three full days for readings.

Fiftieth Day – March 31, 2021: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5, paragraph b)

Sixtieth Day – April 10, 2021: Adjournment at Midnight. (WV Const. Art. VI, §22)