LB 2008 - 1
January 14, 2008

TO: CAWV MEMBERS

FROM: MIKE CLOWSER

RE: 2008 CAWV LEGISLATIVE BULLETINS

Starting today, and running through the 60-day legislative session, members will receive the CAWV Legislative Bulletin every Monday morning. The bulletin contains legislation and activities that will affect contractors, subcontractors and suppliers.

Members will be asked to contact their legislators on issues affecting the construction industry. Members will receive during the session Legislative Alerts detailing the issues and containing contact information. A list of House and Senate members with their contact information and committees is included in this week's Legislative Bulletin.

This bulletin contains bills that were introduced last week which impact our industry. If you have any questions or need further information, please contact me at mclowser@cawv.org.

GOVERNOR GIVES STATE OF STATE ADDRESS

The 2008 session of the West Virginia Legislature convened Wednesday with Governor Joe Manchin giving his last State of the State address in this term. He spoke of the positive results that have occurred due to programs and policies that his administration and the Legislature have enacted the past three years. He cited as progress the reduction of the state's long-term debt of $1.7 billion and $430 million in relief to business and consumers, along with reductions in state government employment. In his hour-long speech, he stated he will propose more business tax reductions this year but did not give any specifics. For more on the governor's address, see the January 11 CAWV Newsletter or click here.

PUBLIC-PRIVATE HIGHWAY BILL TOUTED BY TRANSPORTATION SECRETARY

Transportation Secretary Paul Mattox and his key staff have been meeting with association and industry representatives to discuss legislation to create public-private partnerships to build and operate highway and bridge projects. Secretary Mattox has previously stated, "Using private money as a revenue source could be a great opportunity." Mattox said road projects that could benefit from the partnerships include Route 9 and US 522 in the Eastern Panhandle and U.S. 35 in Putnam County. Bills have been introduced in the past but have not passed in both the House and the Senate. The CAWV has supported the concept of public-private partnerships provided they bring new investment to the state. Already, 23 states have adopted legislation enabling such efforts. The CAWV Board is reviewing the latest draft of the legislation and will make its recommendation soon.

MANDATORY HEALTH BILL REINTRODUCED IN HOUSE

A bill requiring contractors performing public works construction projects to show that at least 75 percent of the workers on a project over $500,000 have health insurance, which has been defeated in previous sessions, was introduced last week and referred to the House Health and Human Resources Committee. H.B. 2438 is supported by the ACT Foundation which states that the growth in uncompensated care resulting from the lack of accessible and affordable insurance in West Virginia as rationale for supporting the legislation. The CAWV cites a number of reasons why the legislation is not necessary or constitutional.

A task force of contractors, subcontractors and insurance providers in 2005 concluded that construction workers probably have greater access to health insurance than other industries. Another issue the association cited is that since construction workers may work for more than one contractor, portability was a concern. The industry has repeatedly asked what other states have passed similar legislation that can be used as a model in West Virginia. States that have passed legislation, including Florida, have all had their laws struck down because they are in violation of the Employee Retirement Income Security Act (ERISA). Last year, the Maryland Assembly passed a law that required Maryland employers with 10, 000 or more employees to pay 8 percent of their total payroll on employee health insurance. The 4th United States Circuit Court of Appeals ruled the law invalid.

If the bill does pass out of the Health Committee, it has a second reference to Government Organization.

LAWMAKERS TRYING TO INCREASE OVERSIGHT OF WORKERS' COMP

Lawmakers continue to pursue some role overseeing the privatization of the workers' compensation system. A joint Judiciary Committee panel voted last week to advance a bill to require the Insurance Commissioner to inform the Legislature of all proposed changes to the rules, policies and guidelines governing this type of insurance. The full House-Senate interim committee must still vote on the draft before it is endorsed for the regular, 60-day session. Insurance Commissioner Jane Cline opposes the proposal saying it will have a chilling effect on the new private company created by the Legislature in 2005, BrickStreet. "We haven't even opened the market to private investors yet, and we're taking a step that takes our workers' compensation system back to a state-run system," stated Senator Don Caruth, R-Mercer. Gov. Joe Manchin has threatened to veto any such bill.

House and Senate bills can be accessed from the CAWV's home page at www.cawv.org. Members can view each day's proceedings to see what legislation is introduced that affects the construction industry. A summary of each week's activities will be uploaded on Monday morning.

Below is a list of bills that have been introduced this week that have an impact on the construction industry or some CAWV members. Anyone needing further information can contact Mike Clowser at (304) 342-1166 or email mclowser@cawv.org.

HOUSE BILLS

HB 2019 Del. Caputo-Making the use of permanent replacements for striking workers on unfair labor practice in certain instances-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 2039 Del. Ellem-Prohibiting mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state-To Judiciary

HB 2044 Del. Marshall-Designating urban mass transportation authorities as transportation coordinating bodies for their service area (FN)-To Roads and Transportation then Government Organization

HB 2047 Del. Azinger (By Request)-Reducing the term of Public Service Commission members from six years to three years- To Judiciary

HB 2049 Del. Overington-Exempting public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws-To Industry and Labor, Economic Development and Small Business then Judiciary and Finance

HB 2057 Del. Frederick-Reducing the corporation net income tax (FN)-To Finance

HB 2106 Del. Frederick-Creating the West Virginia Transportation Oversight Commission-To Government Organization then Finance

HB 2113 Del. Caputo-Changing the amount, a person can earn while receiving unemployment benefits-To Judiciary then Finance

HB 2150 Del. Browning-Relating to exemptions from workers' compensation and surveyor licensing requirements for certain surveyors-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 2169 Del. Morgan and Craig-Creating sales and use tax exemptions for purchases of design and engineering services and materials and equipment directly used in construction of new or replacement amusement rides (FN)-To Finance

HB 2215 Del. Frederick, Stalnaker, Walters, Rowan and Cann-Creating incentives for encouraging West Virginia workers to obtain the GED (FN)-To Education then Finance

HB 2216 Del. Craig and Morgan-Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members-To Political Subdivisions then Judiciary

HB 2230 Del. Caputo, Tucker and Martin-Providing an employee the right to decline to work more than forty hours in a workweek-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 2255 Del. Martin, Argento, Tucker, Blair and Rowan-Requiring bids under state contract to disclose the location of work to be performed or risk state termination of the contract-To Government Organization

HB 2346 Del. Marshall, Hatfield, Caputo, Paxton, Shook, Martin, Tucker and Perdue-Prohibiting certain employees from meeting and communicating with employees regarding the employer's political, religious, or labor organizing activities-To Industry and Labor, Economic Development

HB 2352 Del. Doyle-Removing the exemption from planning and zoning restrictions for mining and manufacturing activities and uses (FN)-To Political Subdivisions then Judiciary

HB 2408 Del. Overington, Schadler, Cowles and Miller, J.-Prohibiting employers and labor unions from requiring employees to become or remain members of labor unions as a condition of employment-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 2410 Del. Hatfield, Caputo, Walters, Martin, Hrutkay, Argento and Perdue-Relating to the removal of the exemption of government employees performing electrical work on government property from having to possess an electrician's license (FN)-To Industry and Labor, Economic Development and Small Business then Government Organization

HB 2417 Del. Yost-Requiring mandatory alert when natural gas or other petroleum product pipeline facilities are observed in a damaged state during commercial activities in the vicinity of pipeline facilities-To Agriculture and Natural resources then Judiciary

HB 2438 Del. Hatfield, Perdue, Tucker and Caputo-Requiring employers to provide health insurance to employees working on public improvement projects (FN)-To Health and Human Resources then Government Organization

HB 2483 Del. DeLong, Mahan, Morgan, Azinger and Hamilton-Granting the public land corporation the authority to condemn certain abandoned structures in the waters of the State causing or contributing to flooding or erosion-To Judiciary

HB 2485 Del. DeLong, Mahan, Morgan, Pino, Azinger and Hamilton-Relating to flood plain management and flood debris generally-To Judiciary

HB 2492 Del. Frederick, Porter and Long-Defining "fill material" in the Water Pollution Control Act-To Judiciary

HB 2496 Del. Caputo, Talbott and Hatfield-Requiring contractors awarded state public works construction projects to meet time restrictions for the completion of a public works construction project-To Industry and Labor, Economic Development and Small business then Government Organization

HB 2584 Del. Shaver, Beach and Williams-Dedicating a portion of the receipts from the tax on food products to be distributed equally to each district of the Division of Highways (FN)-to Finance

HB 2762 Del. Craig, Lane, Michael, Kominar, Long, Stemple, Tabb, Armstead, Pino, Morgan and Azinger-Relating to limitations for certain asbestos exposure claims-To Judiciary

HB 2807 Del. Iaquinta, Boggs and Canterbury-relating to state purchasing cards-To Government Organization then Finance

HB 2822 Del. Porter, Sumner and Lane-Modifying the West Virginia Parkways, Economic Development and Tourism Authority's power to charge tolls and issue bonds (FN)-To Government Organization then Finance

HB 2829 Del. Duke, Doyle, Overington, Tabb and Blair-Providing a corporate tax credit for qualified health insurance policies-To Banking and Insurance then Finance

HB 2833 Del. Walters, Poling, Mahan, M., Paxton and Boggs-The Economic Fairness Act of 2007 (FN)-To Industry and Labor, Economic Development and Small Business then Finance

HB 2855 Del. Sumner, Kessler, Miller, C., Sobonya and Moye-Exempting sales of propane gas for any church, religious sect, society or denomination consumption from the imposition of the excise tax on gasoline or special fuel-To Finance

HB 2950 Del. Sobonya, Sumner, Miller, C., Long, Rowan, Duke and Ellem-Relating to nonpartisan election of justices of the West Virginia Supreme Court of Appeals and circuit court judges-To Judiciary

HB 3015 Del.Poling, D., Ellem, Williams, Kessler and Reynolds-Requiring vendors to provide flush lavatory facilities and washing facilities at certain state funded construction projects-To Government Organization

HB 3028 Del. Overington, Schadler, Andes, Cowles and Miller, J., -Exempting construction performed on behalf of any county or municipal governmental authority from the prevailing wage laws-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 3029 Del. Overington, Schadler, Cowels, Miller, J., and Andes-Exempting construction performed on behalf of educational authorities from prevailing wage requirements-To Industry and Labor, Economic Development and Small Business then Judiciary

HB 3043 Del. Long, Mahan, Williams, Shaver, Tabb, Porter and Schadler-Exempting heating oil for residential use from the Motor Fuel Excise Tax (FN)-To Finance

HB 3133 Del. Doyle, Duke, Tabb, Wysong and Campbell-Relating to annexation of unincorporated territory-To Political Subdivisions then Judiciary

HB 3176 Del. Browning-Relating to business and occupation tax on manufacturing synthetic fuel-To Finance

HB 3204 Del. Doyle-Authorizing a county to adopt an ordinance regulating the use of blasting explosives-To Government Organization

HB 3210 Del. Stemple, Moore, Barker and Perry-Protecting consumers of failed water or sewer utilities by authorizing the Public Service Commission to order a capable water or sewer public utility to acquire the failed utility (FN)-To Finance

HB 3219 Del. Doyle, Brown, Canterbury, Long, Miller, J., Moore, Schadler and Stemple-Providing that West Virginia will not participate in the "REAL ID Act of 2005" enacted by the United State Congress-To Judiciary

HB 3230 Del. Hutchins, Kominar, Moore, Overington, Andes, Armstead, Doyle and Azinger-Prohibiting the naming of publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers-To Judiciary

HB 3254 Del. Long, Porter, Frederick, Moore, Burdiss and Browning-requiring any proposed toll revision be presented to the Joint Committee on Government and Finance-To Judiciary

HB 4005 Del. Caputo, Longstreth and Manchin-Extending the alternative fuel motor vehicle tax credit for ten years and making the credit retroactive from the expiration date of the initial credit (FN)-To Finance

HB 4006 Del. Guthrie-Including bicycle and pedestrian ways in consideration in the planning and development of state roads-To Roads and Transportation then Finance

HB 4016 Mr. Speaker (Mr. Thompson) and Del. Armstead (By Request of the Executive)-Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act-To Finance

HB 4017 Mr. Speaker (Mr. Thompson) and Del. Armstead (By Request of the Executive)-Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act- To Finance

HB 4028 Del. Fleischauer, Marshall, Beach and Shook-Authorizing counties and municipalities to enter into contracts for energy-savings-To Political Subdivisions then Judiciary

HB 4046 Del. Michael-Relating to limitations for certain asbestos claims-To Judiciary then Finance

SENATE BILLS

SB 7 Sen. Bailey-Establishing Flood Protection Planning Council-To Natural Resources

SB 8 Sen. Bailey -Requiring legislative approval for road, highway or bridge memorial designation-To Transportation and Infrastructure

SB 11 Sen. Bailey-Reducing state vehicles' petroleum-based fuel consumption-To Government Organization then Finance

SB 12 Sen. Bailey-Increasing one-trip permits fee issued by State Police (FN)-To Finance

SB 14 Sen. Bailey-Prohibiting certain employer-sponsored political, religious or labor communication-To Judiciary

SB 55 Sen. Foster-Increasing time period for lien creditors to release liens-To Judiciary

SB 57 Sen. Hunter-Allowing county boards of education to enter into certain lease-purchase agreements-To Education then Finance

SB 71 Sen. Jenkins-Requiring jobs impact statement for certain proposed legislation-To Economic Development the Judiciary

SB 72 Sen. Jenkins-Expanding Route 2 and Interstate 68 Authority Territory-To Government Organization

SB 86 Sen. Facemyer-Increasing maximum weight for six-axle tractor trailers-To Transportation and Infrastructure then Judiciary

SB 88 Sen. Oliverio-Creating brownfield economic development districts-To Economic Development then Finance

SB 119 Sen. Love-Authorizing Public Service Commission to order acquisition of failed water and sewer utilities-To Judiciary

SB 126 Sen. Hunter-Requiring state-subsidized employers remain neutral in labor disputes-To Judiciary

SB 127 Sen. Jenkins-Limiting certain asbestos claims-To Judiciary

SB 168 Sen. Barnes-relating to municipality land annexation without election- To Government Organization then Judiciary

SB 184 Sen. Tomblin (Mr. President) and Caruth (By request of the Executive)-Updating meaning of certain terms used in WV Corporation Net Income Tax Act-To Finance

SJR 5 Sen Tomblin (Mr. President) and Caruth (By Request of the Executive)-Proposing amendment of Constitution designated Inventory Exemption Amendment-To Judiciary then Finance

SCR 5 Sen. Bailey-Requesting Joint Committee on Government and Finance study post-consideration stormwater runoff-To Judiciary then Rules