Summer 2018

www.wvfa.org Summer 2018 |  West Virginia Forestry Association Mountain State Forestry 29 L E G I S L AT I O N S.B. 616 – Establishes Maximum Gross Weight for Certain Wood-Bearing Trucks: By Boso & Cline. Sets maximum weight for wood-bearing trucks with 6-axles & 2 added brakes to 94,000 pounds. Completed legislation, awaits Gov’s signature. H.B. 2039 – Tax Credit for New Businesses in WV: By Rodighiero. Sets tax credit for new businesses that locate in WV. Died. H.B. 2061 – Providing that Defects in Windshields and Windows that do not Obscure Vision are not Unsafe Conditions: By Upson. Died. H.B. 2304 – Relating to Gasoline & Fuel Excise Tax: By Fast & Overington. Refund of gasoline or fuel excise tax if fuel consumed by commercial vehicle not operated upon highways of WV. Died. H.B. 2511 – Establishes Industrial Water Extraction Fee: By Fleischauer & Hornbuckle. Places penny fee per gallon of water for industrial use; plus penny fee on every gallon transported over state roads. Died. H.B. 2874 – Related to Definition of Managed Timberland: By Lynch, Longstreth, Moye, Marcum, Dean, Pyles, Iaquinta, Ferro, Williams, & Phillips. Exclude from “managed timberland” any real estate being leased to another party for monetary gain. Died. H.B. 2968 – Money Collected from Sale of Timber on State- Owned Forests and Parks be Distributed on Pro Rata Basis: By Thompson, Marcum, Rodighiero and Hicks. Money goes to the specific forest or park timbered. Died. H.B. 3020 – Criminal Penalties for Trespass Hunting, Trapping, Fishing: By Harshbarger, Howell, Cowles, Ambler, Boggs, Paynter, Atkinson, Kessinger, Eldridge, Statler & Overington. Provides the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands, or destroying posted land signs shall be equivalent to penalty for criminal trespass. Died. H.B. 4002 – Delegates be Elected from One-Hundred Single Districts Based on US Census in 2020: By Overington, Cowles, Moore, Hill, Romine, C. Deem, Walters, Hamilton, Jennings, Mr. Speaker, & Maynard. Reappontionment & redistricting based on 2020 US census, House of Delegates shall comprise 100 single- member districts. Completed legislation, awaits Gov’s signature. H.B. 4005 – Clarifying that Appeals to the Supreme Court are a Matter of Right: By Shott, Miller, C. Hanshaw, Lane, Zatezalo, Ellington, Sobonya, Deem, Capito, C. Romine, & Mr. Speaker. Died. H.B. 4038 – State Agency Trainings Must be Conducted in State-Owned Facilities: By Howell, Ward, Arvon, Walters, Sypolt, Criss, Atkinson, Harshbarger, Dean & Martin. State agenyc’s training only in state-owned facilities, unless the costs of training is equal to or less than agency costs in a state-owned facility. Died. H.B. 4187 – Business Liability Protection Act: By Foster, Graves, Butler, Summers, Zatezalo, R. Miller, Barret, Isner, Hollen & Blair. Limit possession of firearms on certain premises and definitions. Completed legislation, awaits Gov’s signature. H.B. 4245 – Exempting Wood Furniture from Sales Tax: By Ward, Howell, Paynter, Frich, Martin, Hamrick, Kelly, Atkinson III, Hamilton, Butler, Fast. Exempts wood furniture from sales tax, if 75 percent of finished product is WV timbered & furniture is made in WV. Died. H.B. 4268 – Co-tenancy Modernization and Majority Protection Act: By Anderson, Kelly, Zatezalo, Westfall, Fast, Higginbotham, Ward, Hollen, Atkinson, Foster & Lane. Trespass for certain oil, natural gas use & development; encourage efficient economic development of oil & natural gas resources. Effective 90-days from passage (June 3). H.B. 4312 – Requiring Purchasers of Roundwood Collect & Maintain Information: By Evans, Hartman, Hamilton, & R. Romine. DOF bill to require purchasers of round-wood to collect and maintain certain information provides criminal penalties for failure to record, maintain or for falsifying required information. Requires sellers to provide updated information to purchases prior to purchase; and it clarifies that the employees of the Division of Forestry are authorized to issue citations for violations of the Logging Sediment and Control Act. Study Resolution to FMRC. H.B. 4319 – Adding “Sexual Orientation” and “Gender Identity” Categories to the Human Rights Act: By Pushkin, Miley, Lynch, Lovejoy, Hartman, Moore, Isner, Williams, Walters, Westfall & Higginbotham. Adds “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodation. The bill adds “age”, “sexual orientation” and “gender identity” to the categories covered by the Fair Housing Act discrimination in housing. Defines “sexual orientation” and “gender identity” – [important to employers]. Died. H.B. 4401 – Relating to the Registration of Business: By Ambler, Sobonya, Westfall, Frich, Cooper, Foster, Householder, Bates, Barrett & Phillips. Removes requirement that the Division of Labor shall charge an annual device registration fee. Also removes a subsection that directs the use of the fees paid pursuant to this section. Completed legislation, awaits Gov’s signature. H.B. 4628 – Relating to Authorizing the Redirection of Amounts Collected from Certain Surcharges and Assessments on Workers' Compensation Insurance Policies for Periods prior to January 1, 2019: Reduces WC premiums by 9 percent. By Nelson, C. Miller, Boggs, Walters, Westfall, Espinosa, Ambler, Frich, Hartman, & Storch. Passed. Completed Legislation. 