LB 2007 - 4
February 5, 2007

MANDATORY HEALTH BILL DEFEATED IN COMMITTEE; EFFORTS UNDERWAY TO RECONSIDER

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 was defeated last week in the House Health and Human Resources Committee. H.B. 2438 was debated for over an hour before a tie vote of 11 - 11 defeated the bill. Three committee members were absent. The ACT Foundation stated that the growth in uncompensated care resulting from the lack of accessible and affordable insurance in West Virginia was rationale for supporting the legislation. Representatives from the West Virginia Hospital Association were in the committee room in support of the bill. The CAWV cited a number of reasons why the legislation was 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.

The ACT Foundation has been working to get the bill reconsidered, which would allow the bill to be debated again in committee. If the bill does pass out of the Health Committee this week, it has a second reference to Government Organization.

SENATE COMMITTEE APPROVES UNAUTHORIZED WORKERS BILL

The Senate Judiciary Committee passed a bill that would amend Chapter 21-1B of the W. Va. Code dealing with increasing penalties on employers who hire unauthorized workers. S.B. 70 originally dealt strictly with contractors and their subcontractors who hire undocumented workers. The bill was expanded early in the session to address all employers. The West Virginia Chamber of Commerce did a good job in their analysis of the legislation, noting it contained potentially unconstitutional language and included the possibility that both the employer and the State of West Virginia could be held liable for denial of workers' civil rights in discrimination actions under federal law. The bill is on Second Reading today in the Senate.

ASBESTOS/SILICA REFORM BILL INTRODUCED

Legislation to require established medical criteria to be used in diagnosing asbestos or silica claims has been introduced in both houses of the West Virginia Legislature. The measure, S.B. 374 / H.B. 2762, would limit certain asbestos claims, provide for the fair and efficient judicial consideration of personal injury and wrongful death claims arising out of asbestos or silica exposure, ensure that individuals who suffer impairment, now or in the future from illnesses caused by exposure to asbestos or silica, receive compensation for the injuries, and for other purposes. The CAWV is part of the West Virginians for Fairness coalition which is pushing for passage of the bill.

HOUSE BILLS

HB 2709 Del. Varner, Caputo, Fragale, Manchin, Hartman, Yost, Martin, Perry, Wysong, Shaver and Eldridge-Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains-To Political Subdivisions then Judiciary

HB 2718 Del. Swartzmiller, Beach, Caputo, Amores, Klempa, Schadler, Shook, Hutchins, Kominar and Wells-Relating to local option elections on whether table games will be allowed at existing licensed pari-mutual racetracks-To Judiciary then Finance

HB 2724 Del. Spencer and Moore-Continuing the courtesy patrol program in its current form, to be administered by a nonprofit organization that can also offer qualified participants AmeriCorps educational grants-To Roads and Transportation then Finance

HB 2733 Del. Wells, Varner, Kominar and Stalnaker-Requiring certification of correctness as to design, construction and performance of domestic and commercial liquified petroleum gas-consuming equipment and appliances ...etc. -To Judiciary

HB 2747 Del. Argento, Barker, Iaquinta, Manchin, Martin, Perdue, Tucker, Yost, Blair, Border and Rowan-Regulating plumbers and fire protection workers-To Government Organization

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

HB 2775 Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Exempting new residents from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased - To Finance

HB 2804 Del. Hrutkay, Crosier, Manchin and Martin - Eliminating time schedules for utility relocation on highway projects - To Roads and Transportation then Judiciary

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

HB 2808 Del. Manchin - Increasing the fee for issuance of one-trip permits (FN) - To Judiciary then Finance

HB 2821 Del. DeLong, Ellem, Guthrie, Mahan, Morgan, Pethtel, Swartzmiller and Craig - Relating to air pollution control - To Agriculture and Natural Resources then Judiciary

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 2847 Del. Browning, Cann, Hrutkay, Kominar, Morgan, Swartzmiller, Azinger and Walters - Relating to dam control - To Agriculture and Natural Resources then Judiciary

SENATE BILLS

SB 345 Sen. Unger-Relating to inspections of individual water supply and wastewater system-To Judiciary then Finance

SB 349 Sen. Foster-Increasing time period for lien creditors to release liens-To Judiciary

SB 356 Sen. Bowman, Bailey, Jenkins, Kessler, McCabe, Minard, Plymale, White and Boley-Requiring licensing of plumbers and fire protection workers-To Government Organization then Finance

SB 357 Sen. Deem-Changing Motor vehicle privilege tax to sales tax-To Finance

SB 374 Sen. Jenkins, Facemyer, Green, Caruth, Barnes, Oliverio, Prezioso, Love, Sprouse, Deem, Hall, Tomblin (Mr. President), Guills, McCabe, Foster, Sypolt, Fanning, Boley, McKenzie, Helmick and Stollings-Limiting certain asbestos claims-To Judiciary

SB 377 Sen. Foster-Setting limitation on certain lien's enforcement-To Judiciary then Finance

SB 425 Sen. Kessler-Relating to Water Pollution Control Revolving Fund loans-To Judiciary then Finance

SB 383 Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Exempting new residents from payment of privilege tax - To Finance

SB 443 Sen. Bowman, White, Fanning, Kessler and Love - Eliminating time schedules for utility relocation on highway projects - To Transportation and Infrastructure then Finance

SB 446 Sen. Unger - Creating First Class Cities Economic Development District Act - To Economic Development then Finance

SB 448 Sen. Kessler - Relating to commercial driver's license - To Transportation and Infrastructure then Judiciary

SB 453 Sen. Oliverio, Boley and Fanning - Relating to Water Pollution Revolving Fund - To Judiciary then Finance