From the Well | February 16, 2021

Today, the House met and passed HB2012, which relates to public charter schools, Com. Sub. for HB2006, Relating to the West Virginia Contractor Licensing Act  and Com. Sub. for HB2264 Hospital exemptions from certificate of need. These bills, along with all of the others that were on third reading now head to the Senate for their consideration. Tomorrow, the broadband bill, HB2002, will be on third reading.

The Senate passed its first bills of the 2021 Regular Session on Tuesday, with eight bills moved to the House for further consideration. Among the bills passed, SB9 continues the Licensed Racetrack Modernization Fund.  SB10 modifies the due date of the racetrack table game renewal license fee from July 1 to October 1. This action is in line with many of the Governor’s modifications to fee dates during the pandemic.

Senate Judiciary made quick work of two Governor’s bills today because they had already passed nearly identical bills on Saturday. SB6, which we summarized in yesterday’s From the Well, became Committee Substitute for SB272, a Governor’s bill to create the WV Employment Law Worker Classification Act. It creates a new article 51 in Chapter 21 and defines independent contractors and criteria that differentiates them from employees.

Then the previously passed SB3 became Governor’s Bill SB277. The Committee Substitute for SB277 creates the Covid-19 Immunity Act in new article 12E in Chapter 29. A representative from AARP spoke from the virtual podium in opposition to blanket liability for long-term care, nursing, and residential facilities for the state’s older residents.

Stating that families have the right to hold facilities accountable, she noted that nearly 700 nursing home residents and staff have died from Covid-19. “Fewer eyes are seeing what’s happening in these facilities,” she noted, due to shutdown of visitations during the pandemic. “The lack of oversight is alarming.”

Both Governor’s bills passed and the originally passed identical bills were recalled back to committee.  On Tuesday, Senate Judiciary will take up SB275, which creates the Intermediate Court of Appeals.

The bill clarifies that a CPA is exempt from purchasing and allows the Bureau to do a Request For Proposal that is competitively bid. It will allow the Bureau to enter into PBCs, which basically serve as scorecards measuring how providers perform. Similar legislation passed two years ago, but the Department missed the December 1, 2020 deadline to begin entering into the contracts so the legislation resets the date to July 1, 2021. The bill now heads to the full House for consideration.

The House Committee on Energy met Tuesday and took up HB2081, concerning non-resident mineral owners and royalty payment. The bill establishes that income from any kind of extraction from the ground (coal, gas, etc.) is subject to West Virginia income tax regardless of owner residency. Currently, non-residents must come forward to be identified and taxed by the Tax Department.

The bill calls for a lessee to report all royalties paid to lessor and taxes withheld. It provides for penalties to lessees if they do not withhold and file with Tax Department and allows the department to impose rules. A fiscal note with the bill estimates between $500,000 and $2 million in revenue could be generated. If the Governor’s proposal to eliminate income taxes passes, this bill would be moot. The committee passed the bill and it now goes to the Finance committee.

The committee also passed Com Sub for SB 280, which would require all political subdivisions to offer a system with an online portal for acceptance of payments that will allow people to submit payments to political subdivisions electronically by March, 2023. Types of payments would include, but not be limited to, payments or fees for services provided by the political subdivision or any fee, fine, penalty, or other monetary payment collected by the political subdivision. Chairman Maynard commented, “This just brings them into the 21st Century.”

The Committee substitute includes several requirements for customers and their contractors not appearing in the introduced bill.

Sen. Karnes expressed concerns that there may be different standards for contractors that don’t apply to public utility itself and introduced an amendment to ensure that costs may not be greater than what the project would cost the public utility. The Karnes amendment was adopted, and the bill will be reported to full senate with the recommendation that it pass.

The committee also considered SB69, which creates a “Choose Life” special registration license plate that supports adoption. The plate is similar to the current “Donate Life” plate.

The bill was reported to the full Senate with a recommendation that it do pass but that it first be referred to the Committee on Finance.

In a very brief committee meeting, the Senate Education Committee took up SB11, which declares a work stoppage or strike by public employees to be unlawful. The bill passed with limited discussion.

House Judiciary met in the morning without approving minutes from the Saturday meeting and took up an originating bill regarding the definition of independent contractor and then recessed to the afternoon. Just as they were asked in Senate Judiciary regarding a senate version of this bill, questions about the compatibility of the originating bill to federal law were the central focus for the morning.

Upon returning after the floor session, the committee voted to approve minutes from the previous meeting, and then Del. Tom Fast moved to reconsider his vote on an amendment to HB2003, which had been deliberated and passed by the committee on Saturday. The bill would establish a 60-day time limit for emergency declarations unless the Legislature would extend the time up to 30 days.

The committee first passed the bill on Saturday with an amendment specifying that it applies to the current emergency, and it was his vote on that amendment that Del. Fast sought to reconsider.

Discussion ensued regarding the timelines of such a procedure and then a discussion of the motion itself. The committee then voted to reject the amendment it previously passed, thus removing that oversight.

The Committee then began further discussion of the originating motion regarding the definition of an independent contractor. With some additional questions, the bill ultimately passed.

HJR1 clarifying that the general supervisory authority of the State Board of Education, including its rules, is subject to legislative enactments, passed without amendment and with little discussion.

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)