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LB 2010 - 1
January 18, 2010
 

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 Legislative Alerts during the session detailing the issues and containing contact information. A list of House and Senate members with their contact information and committees will be sent in next week’s Legislative Bulletin.

 

GOVERNOR MANCHIN TOUTS STRENGTH OF CONSTRUCTION PROGRAM IN STATE OF THE STATE ADDRESS

 

“Last July, West Virginia became the first state to use the Qualified School Construction Bonds statewide, which is letting us build or improve dozens of schools at a much lower cost,” Governor Joe Manchin said in his sixth “State of the State” address. “We currently have $540 million in ongoing school construction -- the largest amount in the history of the School Building Authority, but much more needs to be done,” he told members of the legislature on Wednesday, opening the regular session for 2010. “I am asking the Legislature to give the SBA more borrowing flexibility. This will not increase our debt limit, but will allow us to create a steady revenue stream and provide safer schools and more construction jobs at cheaper bond rates.”

 

The governor continued, touting the impact that construction has on the state’s potential for economic development. “When we build a school, construct a road, install a water line or expand broadband and wireless technology, we are creating a lasting impact,” he said, noting that West Virginia is a top state for utilizing stimulus money for highways, water and sewer lines. “We are working hard with limited resources and have planned an aggressive construction program for 2010.”

 

Governor Manchin told attendees that the WV Division of Highways has the most projects ongoing since the interstates were first built noting that, “this year marks the 10th consecutive year we have budgeted over a billion state and federal dollars for our roads. Last year, we opened half of Corridor H, advanced sections of U.S. 35, Route 9, Route 10, the Coalfields Expressway, the Mon/Fayette Expressway, the King Coal Highway and the Fairmont Gateway Connector, to name just a few. We are constructing more than 80 miles of four-lane highway.”

 

He also discussed the state’s Clean Water Revolving Fund, which is ranked among the top in the nation. “Last year alone, we funded 18 different projects to provide wastewater treatment for an additional 12,400 West Virginians.”

 

Except for the school bonds, the governor did not propose any new funding mechanism to fund infrastructure projects. There is some indication that existing highway user fees may be modified which would increase funding for secondary road improvements.

 

To view the full speech visit http://www.wvgov.org/sec.aspx?id=117.


 
 

GOVERNOR PROPOSES CHANGES TO SCHOOL CONSTRUCTION BOND LAW

 

Gov. Manchin has introduced S.B. 229 and H.B. 4041. The bills would allow the School Building Authority to have up to $500 million in bonds outstanding at any given time. The current statute gives the SBA authority to issue in the aggregate $500 million. The SBA is nearing the $500 million aggregate amount. This bill gives SBA the authority to continue to sell bonds as old bond issues are retired. The SBA was formed in 1989 and no one recalls why the statute was written to cap school construction bonds at the $500 million level, especially since the SBA has a dedicate revenue source to retire the bonds.

 

CARRY-OVER BILLS AFFECT LABOR/MANAGEMENT ISSUES

 

A number of bills from last year’s legislative session are carry-over bills this year. Included are bills to either eliminate or recalculate the state’s prevailing wage rate, requiring contractors to submit a list of their subcontractors to owners two hours after bid opening, providing an employee the right to decline work more than forty hours in a workweek, requiring contractors awarded a state public works construction work to meet the time restrictions for completion and verifying the legal employment status of workers. The bills, all House bills, are noted below.

 

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 this week and referred to the House Energy, Industry and Labor, Economic Development and Small Business Committee, then Finance Committee. H.B. 2425http://www.legis.state.wv.us/Bill_Status/bills_History.cfm?input=2438&year=2007&sessiontype=rs&btype=bill is sponsored by Delegates Don Perdue, D-Wayne, Bobbie Hatfield, D-Kanawha, and Mike Caputo, D-Marion. The CAWV cites a number of reasons why the legislation is not necessary or constitutional. 

 
WEST VIRGINIA LEGISLATURE BILL INFORMATION
 

House and Senate bills can be accessed from the CAWV’s Legislative home page at www.cawv.org/legislative.html. Members can view status updates on bills of interest to the construction industry and see what legislation is introduced that affects the construction industry. A summary of each day’s activities will be uploaded each afternoon.

 

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 2016          Del. Sumner-Providing for removal and election of Public Service Commissioners-To Government Organization then Judiciary

 

HB 2050          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 Government Organization-[Local Bill]

 

HB 2062          Del. Blair, Overington and Miller, J.-Giving the owners of newly constructed homes a ten-year grace period before connection to a newly installed sewer line is mandatory (FN)-To Judiciary then Finance

 
 
 

HB 2113          Del. Rodighiero and Eldridge-Providing overtime pay for all employees who are required to work holidays regardless if the holiday hours are in excess of forty hour workweek (FN)-To Energy, Industry and Labor, Economic Development and Small Business then Finance

 

HB 2129          Del. Martin, Argento and Rowan-Requiring bids under state contract to disclose the location of work performed or risk state termination of the contract-To Government Organization

 

HB 2143          Del. Shaver 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 Roads and Transportation then Finance

 

HB 2247          Del. Caputo and Martin-Providing an employee the right to decline to work more than forty hours in a workweek- To Energy, Industry and Labor, Economic Development and Small Business then Judiciary

 

HB 2262          Del. Shook-Making it a misdemeanor to file a frivolous lawsuit-To Judiciary

 

HB 2274          Del. Shook-relating to the distribution of the State Treasurer’s “Road Fund” (FN)-To Finance

 

HB 2321          Del. Caputo, Longstreth and Manchin-Extending the alternative-fuel motor vehicle tax credit for ten years and making the credit retroactive from expiration date of the initial credit (FN)-To Finance

 

HB 2378          Del. Hatfield, Caputo, Walters, Martin, Argento and Perdue-Relating to the removal of the exemption for government employees performing electrical work on government property from having to possess an electrician’s license-To Energy, Industry and Labor, Economic Development and Small Business then Government Organization

 

HB 2425          Del. Hatfield, Perdue, Caputo-Requiring employers to provide health insurance to employees working on public improvement project (FN)-To Energy, Industry and Labor, Economic Development and Small Business then Finance

 

HB 2427          Del. Caputo, Talbott and Hatfield-Requiring contractors awarded state public works construction projects to meet time restrictions for the completion of the public works construction project-To Energy, Industry and Labor, Economic Development and Small Business then Government Organization

 

HB 2462          Del. Martin and Schoen-Authorizing county commissions to adopt and enforce noise abatement ordinances-To Political Subdivisions then Judiciary

 

HB 2476          Del. Miller, C., Ashley, Porter, Sumner, Carmichael and Sobonya-Reducing the corporate net income tax to five point nine percent effective the first day of July, two thousand nine (FN)-Ton Finance

 

HB 2521          Del. Williams, Shaver, Perry, Michael, Hartman and Sumner-Reducing the wholesale tax on heating fuel, off road fuels, kerosene and propane used for home heating purposes or off road use (FN)-To Agriculture then Finance

 

HB 2571          Del. Guthrie-Relating to privatization contracts-To Government Organization then Judiciary

 

HB 2632          Del. Porter and Sumner-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 2634          Del. Craig, Michael, Armstead and Azinger-Relating to limitations for certain asbestos exposure claims-To Judiciary

 

HB 2751          Del. Schadler, Rowan, Evans, Azinger and Overington-Exempting nonprofit corporations from paying prevailing wages in certain circumstances-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary

 

HB 2768          Del. Overington, Schadler, Cowles, Miller, J., Andes, Blair, Shott, Carmichael and McGeehan-Exempting construction performed on behalf of educational authorities from prevailing wage requirements-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary

 

HB 2784          Del. Overington, Blair, Carmichael, Schadler, Andes and Miller, Jr.-Establishing prevailing hourly rates to be used in connection with the construction of public improvements-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary

 

HB 2800          Del. Klempa, Swartzmiller and Stephens-Updating the requirements for a new subdivision to access a road in the State Highway System,-To Roads and Transportation then Industry

 

HB 2809          Del. Sumner, Miller, C., and Sobonya-Exempting all gallons of gasoline and propane gas for any church, religious sect, society or denomination from the excise tax

 

HB 2844          Del. Ellem and Poling, D.-relating to the adoption of the 2008 National Electric Code-To Government Organization

 

HB 2871          Del. Moye, Barker, Poling, M., Stephens, Campbell, Schoen, Rodighiero, Poling, D. And Aregento-Verifying legal employment status of workers-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary

 

HB 2909          Del. Cowles-Exempting certain construction projects performed on behalf of county or municipal governments from the prevailing wage laws-To Political Subdivisions then Judiciary

 

HB 2917          Del. Guthrie-Giving full consideration to bicycle, pedestrian and transit ways in the planning, development of state roads, railways and waterways-To Roads and Transportation then Finance

 

HB 2923          Del. Klempa, Givens, Martin, Argento, Swartzmiller, Walker, Manypenny and Poling, D.-Requiring the disclosure of subcontractors within a certain time of the close of bids for public construction contracts-To Energy, Industry and Labor, Economic Development and Small Business then Government Organization

 

HB 2997          Del. Louisos-Requiring Commissioners of the public service commission to be elected-To Government Organization then Judiciary

 

HB 3009          Del. Cowles-Changing the definition of “construction” to only include projects whose total costs are more than $200,000 in the prevailing wage law-To Energy, Industry and Labor, Economic Development and Small Business then Government Organization

 

HB 3061          Del. Ross-Increasing the spending limits on contracts involving the expenditure by a public service district for construction work or for the purchase of equipment and improvements, without seeking competitive bids-To Judiciary then Finance

 

HB 3149          Del. Overington, Blair, Duke, Miller, J. And Lawrence-Changing the board members of public service districts terms from six years to three years-To Political Subdivisions then Judiciary

 

HB 3157          Del. Williams and Shaver-Relating to allowing a county board of education to enter into lease-purchase agreements and allowing the School Building Authority to provide one-time grants to a county board of education for that purpose-To Education then Finance

 

HB 3280          Del. Poling, M. And Paxton-relating to higher education capital facilities-To Education then Finance-[Interim Bill]

 
 

HB 3326          Del. Ross and Hartman-Relating to existing National Pollutant Discharge Elimination System permits-To Natural Resources then Judiciary

 

HB 4028          Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive]-Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act-To Finance

 

HB 4030          Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive]-Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act-To Finance

 

HB 4031          Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive]-Providing flexibility in the West Virginia public school support plan for funding regional education service agencies-To Education then Finance


HB 4041          Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive]-Authorizing the School Building Authority to issue bonds in the maximum aggregate amount of $500 million outstanding at any time-To Education then Finance


SENATE BILLS
 
 

SB 10               Sen. Jenkins-Transferring certain cash balances between funds administered by Commissioners of Highways-To Finance

 

SB 12               Sen. McCabe-Relating to regional water and wastewater authorities (FN)-To Government Organization then Finance

 

SB 20               Sen. Sypolt-Relating to surveying services’ procurement-To Government Organization

 

SB 21               Sen Sypolt-Relating to land surveryor’s liability on railroad property-To Judiciary

 

SB 30               Sen. Barnes-Calculating prevailing wage on federally funded construction projects-To Labor then Finance

SB 40               Sen. Jenkins-Expanding counties covered by Route 2 and Interstate 68 Authority-To Transportation and Infrastructure then Government Organization

 

SB 69               Sen. McCabe-Creating Energy Efficient Building Act (FN)-To Transportation and Infrastructure then Finance

 

SB 70               Sen. McCabe-Relating to municipalities and counties issuing bonds- To Government Organization then Finance

 

SB 91               Sen. Williams-Reducing certain fuels’ wholesale tax (FN)-To Finance

 

SB 101             Sen. White-Prohibiting certain water pollution control permits (FN)- To Energy, Industry and Mining then Judiciary then Finance

 

SB 117             Sen. Stollings-Establishing Innovative Highway Projects Pilot Program-To Transportation and Infrastructure then Finance

 

SB 129             Sen. Guills-Relating to small, women and minority-owned businesses-To Judiciary

 

SB 142             Sen. Jenkins-Creating Asbestos Claims Transparency Act-To Judiciary then Finance

 

SB 161             Sen. K. Facemyer-Creating Asbestos Claims Transparency Act-To Judiciary then Finance

 

SB 163             Sen. McCabe-Authorizing issuance of revenue bonds for public projects-To Government Organization then Finance

 

SB 181             Sen. Caruth-Relating to land development ordinances-To Economic Development then Government Organization

 

SB 182             Sen. Caruth-Terminating tolls on Turnpike-Transportation and Infrastructure then Finance

 

SB 184             Sen. McCabe-Creating WV Energy Efficient Buildings Program-To Transportation and Infrastructure then Finance

 

SB 212             Sen. Plymale, Wells, Oliverio, Helmick, Boley, Tomblin (Mr. President), Unger, Green, Foster, Hall, White, Edgell, Stollings, Browning and Laird-Relating to higher education capital facilities (IB)-To Education then Finance

 

SB 214             Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive]-Updating certain terms in Corporation Net Income Tax Act-To Finance

 

SB 226             Sen. Sypolt-Revising Board of Examiners of Land Surveyors’ qualifications standards-To Government Organization

 

SB 229             Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive]-Authorizing School Building Authority to issue certain outstanding bonds-To Education then Finance