West Virginia Municipal League

2016 Legislative Summary

Municipal Bills of Interest Passed

Includes Bills Failed or Vetoed by the Governor

Persons receiving this report are encouraged

to share this information

with other municipal










officials in their
municipalities

Andy McKenzie, Mayor

City of Wheeling
WVML President

WV MUNICIPAL LEAGUE
In WV call 1-800-344-7702/Telephone 304-342-5564/FAX 304-342-5586

2016 LEGISLATIVE REGULAR SESSION

1896 Bills Introduced
807 - Municipal Bills Tracked
75 - Municipal Bills Passed
FOREWORD

Bil

The WV Municipal Leagues 2016 Report on Legislation of Municipal Interest provides the members a
final snapshot of League activities during the 2016 Regular Session of West Virginias 82nd Legislature. A
draft electronic copy was delivered to member municipalities to apprise local officials of the legislation
passed during the session that may have an effect on their operations and activities. Persons receiving
this report are encouraged to share this information with other municipal officials in their
municipalities.
There were 1,896 bills introduced in the Legislature this year. League staff reviewed all of these bills
and their many amendments to determine their impact on local government. During the session, we sent
weekly legislative updates to municipal officials to keep them informed about bills with potential municipal
government impact. The League actively supported, supported with amendments, or opposed bills and
closely tracked bills of municipal interest. League efforts were directed by the decisions of the WV
Municipal Legislative Committee and facilitated by the notification from and support of local officials in our
group.
This report reviews bills that were enacted. A complete listing of legislation tracked by the League
during the session can be found at: www.wvml.org under the legislative tab. To view the actual
legislation as signed into law and obtain citations, visit www.wvml.org. Choose the legislative tab and
then State Legislature and Bill Status from the menu, enter the bill number in the box and click on
submit. When the bill page displays, click on the final enrolled version to see the actual bill text and the
effective date of the bill.
We are pleased to present this report and provide a summary of significant statewide bills passed by
the Legislature that will affect West Virginias municipalities. Thank you for your efforts in answering our
questions and calls of action during the 60 day span. You are the Municipal League and the foundation of
Strong Cities for a Stronger West Virginia.

Lisa Dooley

Executive Director

WEST VIRGINIA MUNICIPAL LEAGUE

TABLE OF CONTENTS
Summary of Bills by Policy Area
I

ENVIRONMENT/UTILITIES
SB 462 WV Infrastructure Fund
SB 578 Utility Workers
HB 4186 Additional Duties of PSC
HB 4540 Electronics in Landfills

Page
10
10
19
22

II

LOCAL AUTHORITY / GOVERNMENT

SB 27 Collection of Taxes
SB 267 Removal from Office
SB 415 Municipal Funds
HB 2800 Public Record Requests
HB 3019 English as Official Language
HB 4005 Prevailing Hourly Wage
HB 4009 Counties Act Locally
HB 4163 Delinquent B&O Tax
HB 4225 Patriotic Displays & Public Buildings
HB 4364 Internet Privacy Protection Act
HB 4377 Hotel/Motel Tax Exemption
HB 4417 Employee Wages
HB 4612 Tax Increment Financing

Page
6
7

POLICE / FIRE
SB 13 Stopped School Buses
SB 283 Clandestine Drug Laboratory
SB 323 Trespassing on Property
SB 326 Contributing to the Delinquency of a Minor
SB 567 Property Crimes
SB 648 Traffic Signals
SB 686 Motor Vehicle Races
HB 2122 Jonathans Law
HB 2494 Pleas Process
HB 2665 Motor Vehicle Alcohol Test and Lock Program
HB 4145 Carry or Use of a Handgun
HB 4362 Strangulation as Felony Offense
HB 4674 Motor Vehicle Back-up Lamps
HB 4728 Schedule Three Controlled Substances
HB 4738 Driving in Impaired State

Page
6
8
8
8
10
11
11
13
13
14
18
20
23
23
23

III

14
15
15
15
19
19
20
20
21
23

IV

INSURANCE / RETIREMENT
SB 563 WV EMS Retirees
HB 4487 State Retirement Systems
HB 4519 Municipal Police/Firefighters Pensions

Page
10
21
21

ELECTIONS
SB 32 Candidates
SB 379 Candidate Filing Fees
SB 591 Voter Registration
HB 634 SecondChanceDriversLicense
HB 2588 Financial Statements
HB 4013 Voter ID
HB 4587 Absent Voters Ballots

Page
6
9
11
11
13
17
22

VI

MISCELLANEOUS
SB 1 WV Workplace Freedom Act
SB 39 Hatfield-McCoy Recreation Area
SB 293 Neighborhood Reinvestment Program Act
SB 298 Brunch Bill
SB 306 Online Sale of Property
SB 351 Severance Tax
SB 419 Workers Compensation Debt Reduction Act
SB 426 Coalfield Community Development
SB 461 Workforce Investment Act
SB 484 Military Personnel
SB 558 Unemployment Compensation
SB 656 Upper Kanawha Valley Resiliency/Revitalization Program
HB 2444 Small Business Entities/Individuals
HB 2615 WV Small Business Capital Act
HB 2801 Areas of Special Interest
HB 2823 Elimination of Tax
HB 2826 Sarah Notts Law
HB 2852 Fireworks
HB 4201 Animal Fighting Venture
HB 4228 Transportation Network Companies
HB 4265 WV Municipal Bond Commission
HB 4322 Learn and Earn Program
HB 4324 Workforce WV
HB 4502 Licensing/Taxes for Small Business
HB 4507 Hiring Preferences

Page
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7
8
8
8
9
9
9
9
10
10
11
13
14
14
14
14
14
19
19
20
20
20
21
21

VI

MISCELLANEOUS (continued)
HB 4554 Weight Limitations on Certain Roads
HB 4586 Condemnation Actions
HB 4604 Ethics Act Violations
HB 4618 Public Officials Name or Likeness
HB 4740 National Guard/Reserves and Jury Duty

Page
22
22
22
23
24

VII

RULES BUNDLES
SB 150 Dept. of Transportation; Div. of Highways; Public Transit
HB 4060 State Fire Commission

7
18

VIII

EXAMPLES OF BILLS FAILED OR VETOED BY GOVERNOR

Pages 25-26

Senate Resolutions

SCR 33 - Requesting the West Virginia Infrastructure and Jobs Development Council (IJDC) to study and
report on the issue of consolidation, regarding public water and sewer utilities.

Senate Bills

SB 1 WV Code 21-1A-3; 21-1A-4; 21-5G-1, 21-5G-2, 21-5G-3, 21-5G-4, 21-5G-5, 21-5G6, 21-5G-7 and 21-5G-8 WV Workplace Freedom Act Effective ninety days from passage
By Senators Cole (Mr. President), Blair, Boso, Ferns, Gaunch, Trump, Carmichael, Sypolt and
Takubo.
Relates to establishing the West Virginia Workplace Freedom Act; eliminates language allowing
employment agreements require membership in a labor organization as a condition of employment;
prohibits any requirement that a person become or remain a member of a labor organization as
condition of employment; prohibits any requirement that a person must pay dues or other fees to a
labor organization as a condition of employment; prohibits any requirement that a person contribute to
a charity in lieu of paying dues or other fees to a labor organization; provides that certain agreements
or practices between labor organizations and employers are unlawful; provides for criminal penalties;
provides for administrative remedies; provides for civil relief, including damages, attorneys fees and
injunctive relief; provides for exceptions; requires prosecuting attorneys and the Attorney General to
investigate complaints; defines terms; construction; applicability; and severability.

SB 13 WV Code 17C-12-7 Stopped School Buses Effective ninety days from passage By Senators Carmichael, Boso, Gaunch, Leonhardt, Trump, Walters, Blair, Takubo, Miller and
Unger.
Relates to offense of overtaking and passing school bus stopped for the purpose of receiving and
discharging children; creates rebuttable inference for charging purposes that registered owner or
lessee was operating vehicle in the event that the driver of the passing vehicle cannot be ascertained
at time of alleged offense; limits penalty for violation to a fine where identity of operator is unknown;
increases certain penalties; clarifies that service of process is pursuant to West Virginia Rule of
Criminal Procedure 4 where the vehicle is involved in violation, but identity of operator is not
determined at the scene; and clarifies that offenses set forth in this section are separate and distinct
from each other.

SB 27 WV Code 7-5-24; 11A-2-2 Collection of Taxes Effective ninety days from passage By Senators KIRKENDOLL, MILLER AND GAUNCH.
Permits county commissions to hire outside attorneys to prosecute actions or defend the countys
interest in any proceeding before any United States Bankruptcy Court; provides for outside attorney to
be reimbursed for actual expenses directly incurred in the representation; provides that engagements
of outside counsel be in writing; requires that hourly engagements with outside attorneys contain a
cumulative cap of any hourly fees charged on a per-case basis; requires that contingency fee
agreements with outside attorneys contain a percentage cap on money or things of value recovered;
and requires attorney fees or costs be paid prior to distribution to taxing units.

SB 32 WV Code 3-5-11; 3-5-18; 3-5-19 Candidates - Effective from passage By Senators

Palumbo, Beach and Miller.
Relates to withdrawal of candidates for office and filling vacancies; requires Secretary of State to
create a notarized statement of withdrawal form; sets certain deadlines for filing of notarized statement
of withdrawal form in order to withdraw as a candidate and to have ones name removed from ballot;
sets deadline for when Secretary of State shall certify names of general election candidates to
6

counties; requires certification of names of candidates that are the nominee of the party following the
filling of a vacancy; prohibits certification of names of candidates who timely filed a notarized statement
of withdrawal; clarifies process for determining if candidate is disqualified; designates proper filing
officer; removes State Election Commission from the process of voluntary withdrawal of candidates;
authorizing executive committee to replace candidate who files a timely notarized statement of
withdrawal and whose name would have otherwise appeared on the general election ballot; and sets
and adjusts certain deadlines.

SB 39 WV Code 17F-1-1; 17F-1-9 Hatfield-McCoy Recreation Area Effective ninety days

from passage - By Senators Stollings and Gaunch.
Relates to regulation of all-terrain vehicles; clarifies circumstances in which all-terrain vehicles may
operate and travel; and defines motorcycles as all-terrain vehicles.

SB 150 WV Code 64-8-1 thru 3 RULES BUNDLE - Effective from passage - By Senator
Maynard.
Relates generally to the promulgation of administrative rules by the Department of Transportation;
Office of Administrative Hearings (appeal procedures, 105 CSR 1); Division of Highways (state
transportation infrastructure fund program, 157 CSR 11); Division of Public Transit (rail fixed guideway
systems state safety oversight, 225 CSR 1).

SB 267 WV Code 6-6-1; 6-6-7 Removal From Office - Effective ninety days from passage
By Senator Blair. League Agenda Bill
Modifies the procedure for removal of certain county, school district and municipal officers; provides
for political subdivisions to be responsible for costs associated with removal proceedings when the
outcome is in favor of a challenged officer.
In the case of any municipal officer, charges of official misconduct; neglect of duty or incompetence,
may be proffered:
(A) By a duly enacted resolution of the governing body of the municipality which sets forth therein
the name and office of the challenged officer, the alleged wrongful acts, the dates the alleged acts
occurred and the grounds for removal as provided in this article:
(B) By the prosecuting attorney of the county wherein such municipality, or the greater portion thereof,
is located or;
(C) By petition of a number of qualified petitioners, which number shall be:
(i) In a class I city, the lesser of two thousand or ten percent of the number of registered voters who
participated in the particular election in which the challenged officer was chosen which next
preceded the filing of the petition:
(ii) In a class II city, the lessor of five hundred or ten percent of the number of registered voters who
participated in the particular election in which the challenged officer was chosen which next preceded
the filing of the petition:
(iii) In a class Ill city, the lesser of one hundred or ten percent of the number of registered voters who
participated in the particular election in which the challenged officer was chosen which next preceded
the filing of the petition: and
(iv) In a class IV town or village, the lesser of fifty or ten percent of the number of registered voters
who participated in the particular election in which the challenged officer was chosen which next
preceded the filing of the petition.
Qualified petitioner means a person who was registered to vote in the election in which the officer was
chosen which next preceded the filing of the petition.
7

SB 283 WV Code 60A-4-411 Clandestine Drug Laboratory Effective ninety days from
passage By Senator Ferns.
Creates a crime of causing the burning of a dwelling, outbuilding, building or other structure while
operating or attempting to operate a clandestine drug laboratory; establishes criminal penalties;
clarifies the offense as a separate and distinct offense from operation or attempted operation of a
clandestine drug laboratory; makes clear that the operation or attempted operation of a clandestine
drug lab is not a lesser included offense; provides that the offenses are qualifying felony offenses of
manufacturing and delivery of a controlled substance for purposes of first degree murder; and
provides for payment of all reasonable costs, if any, associated with remediation of the site of the
clandestine drug laboratory upon conviction.

SB 293 WV Code 11-13J-3, 11-13J-4, 11-13J-4a, 11-13J-10; 11-13J-12 Neighborhood

Investment Program Act - Effective ninety days from passage By Senators WALTERS, BOSO
AND SYPOLT.
Relates generally to Neighborhood Investment Program Act; changes termination date; defines terms;
specifies frequency of required project transferee reports; specifies number of required advisory board
meetings; specifies required number of West Virginia Development Office reports to the board;
provides criteria for evaluation of projects; provides for report by Tax Commissioner; and specifies
frequency of program assessments by the director.

SB 298 WV Code 7-1-3pp; 11-16-18; 60-4-3a; 60-4-3b; 60-7-12; 60-8-34 Brunch Bill
Effective ninety days from passage By Senator Walters.
Relates to regulation of alcoholic liquor, wine and non-intoxicating beer generally; allows county
commissions to conduct a county option election on the question of whether to allow restaurants,
private clubs, Class A retailers, wineries and wine serving entities to sell alcoholic liquors, wine and
non-intoxicating beer as their licenses allow, and distilleries and mini-distilleries to offer complimentary
samples of alcohol beginning at 10:00 a.m. on Sundays for on-premises consumption only; and
establishes publication requirements for providing notice of election.

SB 306 WV Code 7-3-3 Online Sale of Property Effective ninety days from passage - By
Senator Blair.
Relates to sale of county or district property; permits property be sold either at an on-site public
auction or by utilizing an internet-based public auction service; and requires notice of sale include
notice of the time, terms, manner and place of sale or the internet-based public auction service to be
utilized.

SB 323 WV Code 61-3B-3 Trespassing on Property Effective ninety days from passage
By Senators Trump, Kessler, Woelfel, Palumbo, Romano and Williams.
Corrects subsection designations in the statute regarding trespass on property; reletters certain
subsections to avoid duplication of subsection designations; and makes other stylistic and technical
changes.

SB 326 WV Code 49-4-901; 49-4-902; 61-8D-10 Contributing to Delinquency of Minor

Effective ninety days from passage By Senators TRUMP, KESSLER, WOELFEL, PALUMBO,
ROMANO AND PLYMALE.
Repeals the criminal offense of contributing to the delinquency or neglect of a child; relates to repeals
providing the court or the judge discretion to suspend the sentence and allow a child to remain in the
custody of the convicted person with certain conditions; creates the criminal offense of contributing to
the delinquency of a child; defines delinquency; provides for penalties; authorizes restitution; allows for
additional terms and conditions to be imposed upon conviction; providing that delinquency of a child
does not apply to a parent, guardian or custodian who fails or refuses, or allows another person to fail
or refuse, to supply a child under the care, custody, or control of the parent, guardian, or custodian
with necessary medical care, when medical care conflicts with the tenets and practices of a
recognized religious denomination or order which parent, guardian or custodian is an adherent or
member; establishing that it is not an essential element of the offense that the minor actually be
delinquent; providing for certain conditions of bond upon conviction and suspension of the sentence
8

by the court; providing that a bond given upon suspension of a sentence which becomes forfeited is
recoverable without separate suit; providing procedure for recovery of bond by principal or surety;
providing that any money collected or paid upon execution, or upon the bond, shall be deposited with
the clerk and applied to court costs then to treatment, care, or maintenance of the child; and
permitting the child to remain in the custody of the convicted person with certain conditions.

SB 351 WV Code 31-15A-16 Severance Tax Effective ninety days from passage - By
Senators Cole (Mr. President) and Kessler.
Relates to dedication of severance tax proceeds to the West Virginia Infrastructure General Obligation
Debt Service Fund; and specifies reduction of the amount of severance tax proceeds dedicated to the
West Virginia Infrastructure General Obligation Debt Service Fund.

SB 379 WV Code 3-5-8; 3-8-5b Candidate Filing Fees Effective from passage By
Senators Trump, Palumbo, Gaunch, Williams, Beach, Yost and Miller.
Relates to candidate filings; directs candidates for circuit and family court judge to pay their filing fees
to the election official with whom certificate of announcement is to be filed; provides for apportionment
of certain candidate filing fees to counties; and requires campaign finance statements for circuit and
family court judges to be filed with Secretary of State.

SB 415 WV Code 8-13-22a Investment of Municipal Funds Effective ninety days from
passage By Senator Ashley.
Increases the maximum permissible term of a negotiable certificate of deposit used for the investment
of municipal funds from less than one year to no more than five years in order to permit municipalities
using such investment vehicles to realize a greater rate of return. The original code section was
enacted in 1973, with subsequent amendments, during a period of time in which shorter terms for
certificates of deposit would be more likely to result in higher rates of return upon reinvestment; today,
prevailing interest rate patterns typically result in a greater rate of return for investments with longer
terms versus. year-to-year rollovers.

SB 419 WV Code 4-11A-18; 11-13A-3b; 11-13V-4; 11-21-96; 23-2C-3; 29-22A-10d; 2922A-10e Workers Compensation Debt Reduction Act Effective from passage By Senator
Kessler .
Relates to termination of transfers of certain personal income tax revenues to the Workers
Compensation Debt Reduction Fund; reestablishes and imposes increased severance tax on
severance of timber effective July 1, 2016; termination of additional severance taxes on severance of
coal, natural gas and timber on and after July 1, 2016; authorizes earlier termination date; authorizes
redirection of additional severance tax revenues to the General Revenue Fund for period prior to
termination date; delays transfers of certain personal income tax revenues to the West Virginia
Retiree Health Benefit Trust Fund; eliminates transfers of certain personal income tax revenues to the
Post-July 1, 2010, Employee Trust Fund; authorizes redirection of amounts collected from certain
surcharges and assessments on workers compensation insurance policies for periods prior to July 1,
2017; authorizes redirection of amounts collected from certain deposits of revenues derived from net
terminal income for periods prior to July 1, 2017.

SB 426 WV Code 5B-2A-3; 5B-2A-4 Coalfield Community Development Effective ninety

days from passage By Senators Cole (Mr. President) And Kessler.
Continues the Office of Coalfield Community Development within the Department of Commerce and
provides the Secretary of the Department of Commerce with greater oversight authority.

SB 461 WV Code 5B-2B-1, 5B-2B-2, 5B-2B-3, 5B-2B-4, 5B-2B-4a, 5B-2B-5, 5B-2B-6;

5B-2B-9; 5B-2B-4b Workforce Investment Act - Effective ninety days from passage By
Senators Cole (Mr. President) and Kessler.
Relates to West Virginia Workforce Development Board; updates West Virginia Workforce Investment
Act to West Virginia Innovation and Opportunity Act; defines terms; creates West Virginia Workforce
Development Board; provides for composition of West Virginia Workforce Development Board; sets
forth requirements for board members; sets forth duties of board; updates reporting requirements;
requires open proceedings of board; and updates language.
9

SB 462 WV Code 29-22-18d WV Infrastructure Fund Effective from passage By

Senators Cole (Mr. President) And Kessler.
Relates to the West Virginia Infrastructure Fund; reduces the distributions to the West Virginia
Infrastructure Fund to $30 million for fiscal year 2017 and increases the percentage of funds available
for grants therefrom.

SB 484 WV Code 15-1F-8 Military Personnel Effective ninety days from passage By
Senators ROMANO, LEONHARDT, PLYMALE AND KESSLER.
Relates to the reemployment rights of military personnel; extends reemployment rights protection to
members of the organized militia in the active service of another state; and clarifies that the Uniformed
Services Employment and Reemployment Rights Act of 1994 is considered applicable federal law.

SB 558 WV Code 21A-8-10; 21A-8-16 Unemployment Compensation Effective from

passage By Senators Cole (Mr. President); Kessler..
Relates to maintaining the solvency of the Unemployment Compensation Fund; provides a
mechanism for the Governor to borrow funds from the Revenue Shortfall Reserve Fund for a limited
period and deposit those funds into the Unemployment Compensation Fund if the balance of the
Unemployment Compensation Fund drops below $50 million; provides that borrowed funds may only
be used to pay benefits; provides that no amount borrowed may exceed $50 million; and provides for
repayment of borrowed amounts.

SB 563 WV Code 16-5V-2 WV EMS Retirees Effective ninety days from passage By
Senators Gaunch, Blair, Leonhardt, Plymale and Walters.
Relates to definition of accrued benefit as it applies to West Virginia Emergency Medical Services
Retirement System; and increases retirement benefit multiplier for members with more than twentyfive years of credited service.

SB 567 WV Code 61-3-29 Property Crimes Effective ninety days from passage By
Senators BOSO, ASHLEY, BLAIR, GAUNCH, KIRKENDOLL, MAYNARD, MILLER, MULLINS, ROMANO,
WILLIAMS, STOLLINGS, PLYMALE AND FERNS.
Relates to property crimes committed against property owned by a railroad company or public utility
company, or other certain real or personal property; adds oil, timber and timber operations to the list
of entities protected under this statute; clarifies that the applicable property covered under this statute
be commercial or industrial real or personal property of a railroad company or public utility company;
adds storage to the list of uses of certain property covered under this statute; creates a felony offense
for knowingly and willfully damaging or destroying any commercial or industrial real or personal
property owned by a railroad company, or public utility company, or any real or personal property used
for producing, generating, transmitting, distributing, treating, storing or collecting electricity, natural
gas, oil, coal, timber, timber processing, water, wastewater, stormwater, telecommunications or cable
service and thereby hindering, impairing or disrupting, directly or indirectly, the normal operation of any
equipment, device, system or service put in place, in whole or in part, to protect, promote or facilitate
the health or safety of any person; provides criminal penalties; and provides that a railroad company,
public utility, business, or owner of property that is damaged, destroyed or disrupted may be deemed
a victim and entitled to restitution, should the court so order, from any person convicted of an offense
under this section, pursuant to the Victim Protection Act of 1984.

SB 578 WV Code 61-2-10b Utility Workers Effective ninety days from passage By
Senators Boso, Ashley, Blair, Gaunch, Karnes, Kirkendoll, Maynard, Miller, Mullins, Romano,
Williams, Stollings and Plymale.
Relates to protection of utility workers and law-enforcement officers from crimes against the person;
defines terms; adds law-enforcement officers and utility workers among the list of professionals the
malicious assault, unlawful assault, battery or assault of which carries increased criminal penalties;
clarifies the criminal offense of battery to require that the perpetrator have knowledge that the victim
was acting in his or her official capacity; and clarifies the criminal offense of assault to require that the
perpetrator have knowledge that the victim was acting in his or her official capacity.

10

SB 591 WV Code 3-2-3, 3-2-4a; 3-2-12; 3-2-23a Voter Registration Effective from
passage By Senators TRUMP, GAUNCH, WALTERS, ASHLEY, SNYDER, BEACH, TAKUBO, MAYNARD,
KESSLER, PALUMBO, BLAIR, MILLER, WILLIAMS, KIRKENDOLL, WOELFEL, ROMANO, MULLINS, UNGER,
LAIRD, SYPOLT, STOLLINGS AND PLYMALE.
Relates to creation and maintenance of voter registration lists; creates additional duties for Secretary
of State relating to voter registration; authorizes Secretary of State to undertake voter registration list
maintenance in a county under certain circumstances; requires Secretary of State to provide written
notice to clerk of county commission of need for voter registration record maintenance and allow
ninety days before undertaking voter registration list maintenance in a county; delineates notice
requirements; clarifies duty of Secretary of State to perform certain ongoing voter registration
database maintenance; directing Secretary of State to enter into agreement with Division of Motor
Vehicles for Division of Motor Vehicles to provide certain information regarding persons eligible to
vote; sets forth information to be provided by Division of Motor Vehicles; authorizes cancellation of
registration of deceased or ineligible voters; and grants certain rule-making authority to Secretary of
State.
SB 634 - all relating to creation of the Second Chance Drivers License Act; creating short title and designating
that the article may be cited as the William R. Laird IV Second Chance Drivers License Act; setting forth
legislative findings and purpose; defining terms; establishing program; directing the Director of the Division of
Justice and Community Services to administer program; setting eligibility requirements to 7 become program
participant; requiring application from person wishing to participate; directing the director to coordinate with
courts and Commissioner of the Division of Motor Vehicles to verify total amount of unpaid court costs; setting
deadlines for providing information regarding unpaid court costs to director; requiring courts to provide an
accounting that separately identifies the portion of court costs that constitute fine, forfeiture 12 or penalty;
prohibiting separate collection of unreported unpaid court costs while applicant 13 is participant of program;
directing how unreported court costs are to be handled; requiring 14 notification to applicant concerning
acceptance into program within thirty days; directing 15 the director to develop consolidated repayment
schedule for participant; setting certain 16 requirements for consolidated repayment schedule; permitting
modification of 17 consolidated repayment schedule; permitting hardship waiver; clarifying that participant is 18
under no obligation to make separate or additional payments directly to court if those costs 19 are included in
consolidated repayment schedule; establishing moratorium on collection 20 of unpaid court fees by a court or its
designee while participant is in good standing with 21 program; requiring monthly remittance of payments to
director; directing issuance of 22 certificate of compliance, certificate of noncompliance, directing Division of
Motor 25 Vehicles to place stay or lift stay on suspension or revocation of participants drivers license under
certain circumstances;; providing 32 legislative and emergency rule-making authority for Division of Justice and
Community 33 Services; and providing legislative and emergency rule-making authority for Division of 34 Motor
Vehicles.

SB 648 WV Code 17C-3-7 Traffic Signals Effective ninety days from passage By
Senator Blair.
Allows local authorities to permit flashing traffic signals during low traffic times.

SB 656 WV Code 5B-2-15 Upper Kanawha Valley Resiliency/Revitalization Program Effective

ninety days from passage By Senators Laird, Stollings, Unger, Miller and Palumbo.
Relates to creating the Upper Kanawha Valley Resiliency and Revitalization Program for a period of five years;
finds that there are challenges facing the Upper Kanawha Valley due to the decision to relocate West Virginia
University Institute of Technology from Montgomery, West Virginia, to Beckley, West Virginia; establishes
revitalization council to organize and prioritize state resources and technical assistance for the Upper Kanawha
Valley; directs revitalization council to develop strategies to stimulate economic activity in and around the
municipalities in Upper Kanawha Valley in coordination with certain contributing partners to the extent possible;
directs revitalization council to annually report to the Governor and the Legislature; directs Development Office
and revitalization council to facilitate economic development incentives for the Upper Kanawha Valley; and
authorizes Development Office or other state body to provide state property and equipment to businesses
investing in the Upper Kanawha Valley at a reduced cost.

SB 686 WV Code 8-12-5g Motor Vehicle Races Effective ninety days from passage By
Senators MAYNARD, CARMICHAEL, GAUNCH, KARNES, TAKUBO, WALTERS AND BLAIR.
Authorizes local governing authorities to hold sanctioned motor vehicle races on public roads or
municipal streets or airports under their jurisdiction; defines terms; authorizes regional airport
authorities to hold sanctioned motor vehicle races on airports under their jurisdiction; requires
issuance of permit in relation to racing event; authorizes charging reasonable fee for issuance of a
11

permit; sets forth conditions upon which a permit may be issued; authorizes local governing authorities
to modify or exempt traffic laws to facilitate a racing event; requires local governing authorities to
provide at least sixty days written notice to the West Virginia Department of Transportation Traffic
Engineering Division of any racing permit issued; requires written notice to identify plans for a racing
event; declares that a racing event is for public purposes; provides immunity from damages; and
declares that an authorized racing event is not a nuisance or subject to speed restrictions.

12

House Resolutions
HR 3 Creating a Select Committee on Prevention and Treatment of Substance Abuse
HR 5 Expressing concern of the House of Delegates to the growth of the federal government's power
over the individual states of the United States
HR 6 - Honoring the town of Piedmont's 160th anniversary
HCR 20 - Funding for the West Virginia National Guard
HCR 36 - Applying for an Article V Amendments Convention to Propose a Constitutional Amendment
HCR 68 - Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy Duty Engines
and Vehicles Phase 2

House Bills

HB 2122 - WV Code 61-8-30 Jonathans Law Effective ninety days from passage By
Delegates Ambler, Cooper, Householder, Walters, R. Smith, Canterbury and Gearheart.
Makes it illegal for first responders to photograph, film, videotape, record or otherwise reproduce in
any manner the image of a human corpse or person being provided medical care or assistance
except for enumerated purposes; defines terms; creates a criminal offense for first responders to
photograph, film, videotape, record or otherwise reproduce in any manner the image of a human
corpse or person being provided public safety services, medical care or assistance unless it is for a
legitimate purpose associated with his or her employment; creates a criminal offense for first
responders to knowingly disclose any photograph, film, videotape, record or other reproduction of the
image of a human corpse or person being provided public safety services, medical care or assistance
unless disclosure is for a legitimate cause associated with his or her employment; provides for
exceptions to the criminal offenses; provides for criminal penalties; providing for enhanced penalties
for subsequent offenses; and designating provision as Jonathans Law.

HB 2444 - WV Code 5B-2-5 Small Business Entities/Individuals Effective ninety days from
passage - By Delegates (Mr. Armstead) Mr. Speaker, Miller, Waxman, Azinger, Upson,
Kessinger, Summers, Hanshaw, Kurcaba, Hill, E. Nelson.
Relates to providing assistance to small businesses; requires that the director of the West Virginia
Development Office report biennially and offer recommendations for reducing the burdens imposed on
small businesses; and further identifying the reports contents.

HB 2494 WV Code 61-11-22a Plea Process - Effective ninety days from passage - By
Delegates Weld, Fast, Sponaugle, Skinner and Shott.
Relates to codifying deferred adjudication process for persons charged with felony and misdemeanor
offenses in circuit and magistrate court; authorizes courts, upon motion, to defer acceptance and
adjudication of entered guilty pleas for certain periods based upon severity of offense; authorizes court
to impose such conditions and terms as it deems just and necessary as a condition of participation;
authorizes periods of incarceration and participation in referenced programs as conditions of
participation in the deferred adjudication process; authorizes acceptance of previously entered guilty
plea upon violation of the terms and conditions of deferral; authorizes court to impose additional terms
and conditions upon defendant if violation occurs; and clarifies that procedure hereby authorized is
distinct from conditional plea under Rule 11(a)(2) of the West Virginia Rules of Criminal Procedure.

HB 2588 WV Code 3-8-5b Financial Statements - Effective ninety days from passage - By
Delegates E. Nelson, Lane, Howell, Kurcaba, O'Neal, Westfall, McCuskey, Byrd, Gearheart,
Storch and Espinosa.
Relates to the filing of financial statements with Secretary of State; requires all candidates who file
financial statements with Secretary of State to file electronically beginning January 1, 2018; makes
candidates required to file electronically eligible for exemption in the case of hardship; provides for
exceptions in instances where a candidate has been unable to file the financial statement; directs

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candidates unable to file financial statement electronically to file by certified mail; and provides for
exceptions in the case of hardship.

HB 2615 WV Code 32-3-301, 32-5-501, 32-5-502, 32-5-503, 32-5-504; 32-5-505 WV

Small Business Capital Act - Effective ninety days from passage - By Delegates Lane,
Faircloth, Miller, Frich and E. Nelson.
Relates to creation of a new exemption to the securities registration rule with the commissioner for
intrastate securities offerings under the West Virginia Small Business Capital Act.

HB 2665 WV Code 17C-5-2b Motor Vehicle Alcohol Test and Lock Program - Effective
ninety days from passage - By Delegates FOLK, SKINNER, ESPINOSA, HOUSEHOLDER, FAIRCLOTH,
OVERINGTON, UPSON, BLAIR, PERDUE, SOBONYA AND WAXMAN.
Relates to deferral of further proceedings for certain first offenses of driving under the influence;
makes ineligible for the deferral program persons who refused the secondary chemical test; and
makes technical corrections.

HB 2800 WV Code 29B-1-2 and 29B-1-4 Public Record Requests - Effective ninety days
from passage - By Delegates Miller, Ferro, Sobonya, Border, Rohrbach, Folk, and Eldridge.
Relates to law-enforcement officers personal information; defines terms; and adds personal
information of law-enforcement officers and certain family members of law-enforcement officers
maintained by the public body in the ordinary course of the employer-employee relationship to the list
of exemptions from public records requests.

HB 2801 - WV Code 7-1-3pp; 8-12-16d Areas of Special Interest Effective ninety days from
passage - By Delegates ROWE, PUSHKIN, LYNCH, GUTHRIE AND BYRD.
Permits county commissions and municipalities to designate areas of special interest which will not
affect the use of property in those areas; and sets forth their additional powers and responsibilities.

HB 2823 WV Code 11-13-2d Elimination of B&O Tax - Effective ninety days from passage
By Delegates Walters, Blair, Upson, Phillips, J. Nelson, Hanshaw, E. Nelson, Boggs and
Caputo.
Eliminates a certain tax on persons engaging or continuing within this state in the service or business
of street and interurban and electric railways.

HB 2826 WV Code 17-4-49 Sarah Notts Law Effective ninety days from passage - By
Delegates Butler, Trecost, J. Nelson, Eldridge, Longstreth, Boggs, Summers, Wagner, R.
Smith, Perdue and Zatezalo.
Relates to access from and to commercial, industrial or mercantile establishments; requires the
Commissioner of the Division of Highways and owners of real property under certain circumstances to
place no parking signs or otherwise notify public that parking is prohibited; and designates law as
Sarah Notts Law.

HB 2852 - WV Code 29-3-23, 29-3-24, 29-3-25; 29-3-26; 29-3E-1, 29-3E-2, 29-3E-3, 293E-4, 29-3E-5, 29-3E-6, 29-3E-7, 29-3E-8, 29-3E-9, 29-3E-10, 29-3E-11, 29-3E-12, 29-3E13; 29-3E-14; 61-3E-1 and 61-3E-11 Fireworks Effective from passage - By Delegates
HAMRICK, TRECOST, ZATEZALO, WAXMAN AND E. NELSON.
Relates to the regulation of fireworks generally; relocates certain existing provisions relating to
sparkling devices, novelties and toy guns, including penalties for certain violations; raises funds for
veterans assistance and volunteer fire departments; authorizes sale of consumer fireworks on and
after June 1, 2016; defines consumer fireworks; establishes regulatory framework for sale of
fireworks; defines terms; requires certificate; establishes fees; requires permit; dedicates certain fees
to Veterans Facility Support Fund and Fire Protection Fund; establishes rule-making authority; creates
criminal violations related to fireworks; penalties; enforcement; defines terms; exemptions; reporting
requirements; and establishes internal effective dates for certain provisions.

14

HB 3019 - WV Code 2-2-13 English as Official Language Effective ninety days from
passage - By Delegates Ireland, Overington, Foster, Fast, Lynch, Azinger, Shott, Hicks, and
Hanshaw.
Requires official business and records of the state and its political subdivisions be conducted in
English, and provides exceptions, limitations, and a definition.

HB 4005 - WV Code 21-5A-1, 21-5A-2, 21-5A-3, 21-5A-5, 21-5A-6, 21-5A-7, 21-5A-8, 215A-9, 21-5A-10, 21-5A-11; 21-5A-12 Prevailing Hourly Wage Effective ninety days from
passage By Delegates Householder, Cowles, Duke, Foster, Gearheart, Miller, Overington,
Shott, Walters, Waxman and Westfall.
Relates to repealing prevailing hourly rate of wages requirements by or on behalf of public authorities
engaged in construction of public improvements.

HB 4009 - WV Code 7-27-1, 7-27-2, 7-27-3, 7-27-4, 7-27-5, 7-27-6, 7-27-7, 7-27-8, 7-279, 7-27-10, 7-27-11, 7-27-12, 7-27-13, 7-27-14, 7-27-15, 7-27-16, 7-27-17, 7-27-18, 7-2719, 7-27-20, 7-27-21, 7-27-22, 7-27-23, 7-27-24, 7-27-25, 7-27-26, 7-27-27, 7-27-28, 727-29, 7-27-30, 7-27-31, 7-27-32, 7-27-33, 7-27-34, 7-27-35, 7-27-36, 7-27-37, 7-27-38,
7-27-39, 7-27-40, 7-27-41, 7-27-42, 7-27-43, 7-27-44 and 7-27-45 Counties Act Locally
Effective ninety days from passage - By Delegates STATLER, AMBLER, COOPER, ELLINGTON,
D. EVANS, MOFFATT, ROMINE, STORCH, WELD AND ZATEZALO.

Relates to road construction projects; creates a short title; sets forth legislative findings and
purpose; defines terms; authorizes county commissions to propose creation of road
construction project plans; requires public hearing; sets requirements for notice of public
hearing; permits submission of written comments; authorizes finalization of road
construction project plan after public hearing by resolution of county commission; requires
prioritization of projects within road construction project plan; requires consent of
municipalities when road construction project plan located within its boundaries; authorizes
submission of road construction project plan to Commissioner of Highways; identifies
contents of application; requires Commissioner of Highways review all proposed road
construction project plans; sets forth criteria for review of plans; requires decision of
Commissioner of Highways within sixty days of receipt; provides certification of approved
project by Commissioner of Highways; requires assignment of name to project plan and
individual projects within plan by Commissioner of Highways; grants legislative rulemaking
authority; requires referendum for approval of certain road construction project plans; sets
requirements for referendum election; prohibits proceeding with road construction project
plan to be financed by county transportation sales and use tax or by issuance of special
revenue bonds unless approved by the voters; provides for amendments to road construction
plans; provides for termination of road construction project plan; provides for termination of
county transportation sales and use taxes; prohibits termination or rate reduction as long as
revenue bonds remain outstanding, unless payment of special revenue bonds has been
secured in full; directs county commission to enter order describing road construction project
plan after approval of plan by Commissioner of Highways and voters of county; sets forth
contents of order, includes establishment of county transportation sales and use taxes; limits
county transportation sales and use taxes to one percent; requires transportation sales and use
taxes to be identical; allows joint road construction project plans; clarifies that obligations of
parties under intergovernmental agreements may not be considered debt within the meaning
of section six or eight, article X of the Constitution of West Virginia; authorizes county
commissions and Commissioner of Highways enter into intergovernmental agreements;
creates County Road Improvement Account and subaccounts; authorizes deposit of funds
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from certain sources into account; authorizes certain expenditures from county subaccount;
allows road construction projects be financed on cash basis or by special revenue bonds
issued by West Virginia Economic Development Authority; gives Commissioner of
Highways final approval of all road construction projects; provides that all road construction
projects accepted into state road system are under exclusive jurisdiction and control of
Commissioner of Highways; specifies that road construction projects are public
improvements; requires annual reporting by Commissioner of Highways on county road
construction projects; provides procedures and requirements for issuance of special revenue
bonds by West Virginia Economic Development Authority; permits special revenue bonds to
be secured by trust agreement between Authority and corporate trustee; providing procedures
and requirements for refunding bonds for county road construction projects; provides that
bonds are not debts of state, county or any political subdivisions; provides that bonds are
negotiable instruments; provides that bonds are exempt from taxation; specifies that neither
West Virginia Economic Development Authority nor its officers or employees nor any
persons executing bonds have personal liability on issued bonds; provides that powers
relating to road construction project plans, construction of projects and issuance of special
revenue bonds are additional powers; requires county to enter into one or more
intergovernmental agreements with Commissioner of Highways prior to imposing county
transportation sales and use taxes; allowing county commissions with approved road
construction projects to impose county transportation sales and use taxes; limits rate of taxes;
establishes tax base for county transportation sales and use taxes; provides exceptions to tax
base; sets forth provisions for when purchases are made in county without county
transportation sales and use taxes and purchase are used in county that does impose county
transportation sales and use taxes; requires county to notify Tax Commissioner at least one
hundred eighty days before effective date of imposition of county transportation sales and use
taxes; requires copy of notice be sent to State Auditor and State Treasurer; requires Tax
Commissioner to administer, collect and enforce county transportation sales and use tax;
authorizes Tax Commissioner to assess a fee for collection of county transportation sales and
use taxes; provides for calculation of cost of service; provides for deposit of fees retained by
Tax Commissioner into Local Sales Tax and Excise Tax Administration Fund; requires
certain vendors to collect county transportation sales tax; provides for payment of county
transportation use tax to Tax Commissioner; clarifies that county transportation sales and use
taxes are to be collected and paid in addition to certain other taxes; grants purchaser credit
against county transportation use tax for sales tax paid in another county; makes county
transportation sales and use taxes subject to sourcing rules; makes applicable provisions of
law related to state consumer sales and service tax provisions and state consumer use tax
provisions; makes county transportation sales and use taxes subject to West Virginia Tax
Procedure and Administration Act; making West Virginia Tax Crimes and Penalties Act
applicable to county transportation sales and use taxes; provides for date of first application
for county transportation sales and use taxes; provides for deposit of county transportation
sales and use taxes into subaccount of county in County Road Improvement Account;
provides for crediting of county transportation sales and use taxes; authorizes issuance of
requisition to Auditor to request issuance of state warrant for funds in county subaccount;
requires actions by State Auditor and State Treasurer upon receipt of requisition; provides for
correction and adjustment to payments; sets effective date of county transportation sales and
use tax; requires county commissions to develop and maintain county rate and boundary
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databases; requires county commission to notify Tax Commissioner if tax has been imposed
or tax rate has changed; authorizes early retirement of special revenue bonds under certain
conditions; authorizes termination of county transportation sales and use taxes once special
revenue bonds are no longer outstanding or have been defeased; provides for excess funds be
forwarded to county commission for deposit in countys general fund; provides that all
powers are supplemental; exempts public officers from personal liability; provides for
severability; authorizes West Virginia Economic Development Authority to issue bonds for
county capital improvements; sets requirements on issuance of bonds; sets certain terms for
revenue bonds; provides for handling of moneys deposited in account; provides for
establishment of debt service fund for each bond issue; requires West Virginia Economic
Development Authority certify annually to county commission certain information regarding
bond issue; provides for disposition of balance remaining in debt service fund after bond
issued and requirements have been satisfied; and directs generally how the West Virginia
Economic Development Authority implements and manages bonds issued for county road
construction projects.

HB 4013 WV Code 3-1-34; 3-1-41; 3-1-51; 3-2-11; 3-2-12; 17B-2-1 Voter ID Effective
ninety days from passage By Delegates LANE, ANDERSON, BLAIR, HAMRICK, AMBLER, D. EVANS,
BORDER, MCCUSKEY, HOUSEHOLDER, IRELAND AND ZATEZALO.
Relates to voting procedures; requires a person desiring to vote on or after January 1, 2018 to present
valid document identifying the voter to one of the poll clerks; requires poll clerk to inspect valid
identifying document and confirm information with individuals voter registration record; requires poll
clerk to confirm, if document contains a photograph, that displayed image is truly an image of the
person presenting the document; sets forth requirements for valid identifying document; identifies
documents considered to be valid identifying document; permits registered voter to be accompanied
to polling place by adult known to registered voter for at least six months; permits voter to vote if
accompanying adult signs affidavit and presents valid identifying document; authorizes poll worker to
allow voter known to the poll worker for at least six months to vote without presenting valid identifying
document; permits person desiring to vote to cast provisional ballot after executing affidavit; sets
conditions for counting of provisional ballot; sets content of affidavit to be used for casting provisional
ballot; permits voter who votes in person at precinct polling place located in building which is part of
state licensed care facility where voter is resident without presenting valid identifying document;
requires person entering voter information into centralized voter registration database to notate when
a voter has not presented valid identifying documentation and executed a voter identity affidavit;
makes confidential voters residential or mailing address if voter is participant in Address
Confidentiality Program except for certain statutory and administrative purposes; directs Secretary of
State to educate voters about requirement to present valid identifying document; requires Secretary of
State to develop a program to help ensure that all eligible voters obtain identification; directs members
of receiving board to challenge the right of person requesting ballot to vote in election if person fails to
present valid identifying documentation; modifies provisional ballot procedures; requires clerk of
county commission to send letter to voters who execute voter identity affidavit; sets deadline for letters
to be mailed; specifies contents of letter; directs clerk of county commission to cause letters returned
as undeliverable to be referred to Secretary of State; directs clerk of county commission to forward to
Secretary of State a list of persons who were mailed letters and notified clerk that they did not vote;
requires Secretary of State to investigate to determine whether fraudulent voting occurred; requires
Secretary of State to submit report to Joint Committee on the Judiciary and Joint Committee on
Government and Finance detailing results of all investigations of voter identity affidavits; requires
Division of Motor Vehicles to collect certain information from individuals applying for issuance, renewal
or change of address of drivers license or official identification card; requires Division of Motor
Vehicles to release all information obtained to Secretary of State unless applicant affirmatively
declines to become registered to vote or update voter registration; requires Secretary of State to
forward information to county clerk for relevant county to process newly registered voter or updated
information for already-registered voter; requires Division of Motor Vehicles to release certain
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information to Secretary of State if applicant affirmatively declines to become registered to vote;

requires Division of Motor Vehicles to notify applicant that signature submission grants written consent
for submission of that information; clarifies that qualified voter who is automatically registered to vote
need not present identification in order to make registration valid; directing Secretary of State to
establish procedures to protect confidentiality of information obtained from Division of Motor Vehicles;
permits person registered to vote to cancel voter registration at any time; clarifies that Division of
Motor Vehicles not required to determine eligibility for voter registration and voting; makes changes
regarding automatic voter registration effective July 1, 2017; requires Division of Motor Vehicles report
to Joint Committee on Government and Finance if unable to meet requirements by February 1, 2017;
directing Secretary of State to promulgate legislative rules; permits certain uses of moneys in
Combined Voter Registration and Driver Licensing Fund; requires balance in Fund in excess of
$100,000 be transferred to General Revenue annually; prohibits Division of Motor Vehicles from
charging fees for issuance of identification card if applicant intends to use identification card as form
of identification for voting; providing certain provisions for issuance of drivers license or identification
card to persons over the age of fifty years; and provides certain provisions for issuance of drivers
license or identification card to persons over the age of seventy years.

HB 4060 WV Code 64-6-1 THRU 3 - RULES BUNDLE - Effective from passage By Delegates
Sobonya, Frich and Moffatt.
Relates generally to administrative rules of the Department of Military Affairs and Public Safety;
specifically, State Fire Commission (Fire Code, 87 CSR 1); State Fire Commission (State Building
Code, 87 CSR 4); State Fire Commission (Standards for the Certification and Continuing Education of
Municipal, County and other Public Sector Building Code Officials, Inspectors and Plans Examiners,
87 CSR 7). Testimony fromTax Department on municipal sales tax and the cost fee being inadequate.

HB 4145 WV Code 61-7-3, 61-7-4, 61-7-6, 61-7-7; 61-7-11a; 61-7-4a; 61-7-15a; 61-717 Constitutional Carry or Use of a Handgun - Effective ninety days from passage By
Delegates Blair, Azinger, Butler, Cadle, Eldridge, Householder, Marcum, Overington, R.
Phillips, Sobonya and Upson.
Relates to the carrying of firearms and deadly weapons generally; establishes that criminal penalties
for carrying a concealed deadly weapon without state license or other lawful authorization apply only to
persons under twenty-one years of age and prohibited persons; requires an applicant for a concealed
weapon permit be a United States citizen or legal resident thereof, a resident of this state and of the
county in which application is made; requires training courses in handling and firing a handgun to
include the actual live firing of ammunition; requires certificates of completion of a training course
which are submitted with license applications include the instructors name, signature and NRA or
state instructor identification number; requires that on or after January 1, 2017, all duplicate license
cards issued by county sheriffs be uniform across all fifty-five counties and feature a photograph of the
licensee; requires State Police, in cooperation with the Sheriffs Bureau of Professional Standards,
prepare uniform applications for licenses and license cards; entitles a person who pays fees for
training or application after the effective date to a tax credit equal to the amount actually paid for
training not to exceed $50, unless such training was provided for free or for less than $50, then such
tax credit may be applied to the fees associated with the initial application; establishes a provisional
license to carry concealed deadly weapons for persons at least eighteen years of age and less than
twenty-one years of age; establishes provisional license application requirements and procedures;
provides for exceptions as to prohibitions against carrying handguns concealed for persons at least
eighteen years of age and fewer than twenty-one years of age; provides for any United States citizen
or legal resident thereof at least twenty-one years of age and not otherwise prohibited from
possessing a firearm may carry a concealed deadly weapon without a license; creates felony offenses
for any persons prohibited from possessing firearms who carry concealed firearms and provides for
criminal penalties; provides that it shall not be unlawful to possess a firearm in or on a private primary
or secondary education building, structure or facility when such institution has adopted written policies
allowing for possession of firearms; exempts probation officers from prohibition against possessing
firearms on premises of educational facilities; requires a school principal to report certain violations to
the State Police; creates felony offense for persons using or presenting a firearm while engaged in the
commission of a felony and provides for criminal penalties; and provides for construction of article.

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HB 4163 WV Code 8-13-24, 8-13-25, 8-13-26; 8-13-27 Delinquent B&O Taxes - Effective
ninety days from passage By Delegates Howell, Arvon, Moffatt, Westfall, McCuskey, Miller,
Cadle, Walters, Zatezalo, Kelly and Ellington.
Provides municipalities plenary power and authority to adopt an ordinance providing for the publication
of delinquent business and occupation taxes; provides notice requirements; requires policies and
procedures regarding the preparation, publication and posting of a delinquent business and
occupation list; and allows for a reasonable charge to be added to the amount owed by a delinquent
taxpayer to cover the costs of preparing, publishing and posting a delinquent list.

HB 4186 WV Code 24A-2-2b Additional Duties of PSC Effective from passage By

Delegates Cadle, Cooper, Foster, Ambler, Howell, Butler, Householder, Moffatt, Smith, R.,
Westfall and Hamrick.
Requires the Public Service Commission promulgate rules related to rates charged by a carrier for the
recovery, towing, hauling, carrying or storing of a wrecked or disabled vehicle; establishes a complaint
review process; develops a process for aggrieved parties to recover charges; provides the burden of
proof be on the carrier; establishes factors for Public Service Commission to consider in determining
whether rates are fair, effective and reasonable; requires carriers to list rates on invoices; provides for
promulgated rules to sunset; and requires a review of rules by the Legislative Auditor.

HB 4201 WV Code 61-8-19a; 61-8-19b; 61-8-19c Animal Fighting Venture - Effective

ninety days from passage By Delegates OVERINGTON, HANSHAW, BLAIR, SHOTT, STATLER,
SOBONYA, SUMMERS, WELD, KESSINGER, B. WHITE AND FLEISCHAUER.
Increases the criminal penalties for participating in an animal fighting venture; defines terms; adds
conducting, financing, managing, supervising, directing, or knowingly allowing property under ones
control to be used for an animal fighting venture to types of prohibited conduct; making unlawful the
possession of an animal for the purpose of engaging the animal in an animal fighting venture;
provides for penalties; provides for divesting a convicted person of ownership of such animals and
making a convicted person liable for all costs of the such animals care and maintenance; makes it
unlawful to knowingly cause an individual under the age of eighteen to attend an animal fighting
venture; providing for penalties; provides penalties for third or subsequent offenses; provides that
wagering at an animal fighting venture is a crime; provides for penalties; and provides increased
penalties for third or subsequent offenses.

HB 4225 WV Code 5-6-17 Patriotic Displays & Public Buildings Effective ninety days
from passage By Delegates OVERINGTON, SOBONYA, HANSHAW, GEARHEART, CADLE,
HOUSEHOLDER, BUTLER, MOFFATT, FRICH, ROWAN AND KELLY.
Relates to patriotic displays at public buildings; provides legislative findings; allows for the national
motto, In God We Trust, to be displayed on public buildings; allows for the display of the POW-MIA
flag at public buildings; authorizes costs associated with display of national motto or POW-MIA flag
may be paid with any private donation, gifts, grants and bequests received by the governing authority;
and requires the Department of Administration to develop guidelines for appropriate display of the
motto and flag.

HB 4228 WV Code 17-29-1, 17-29-2, 17-29-3, 17-29-4, 17-29-5, 17-29-6, 17-29-7, 17-298, 17-29-9, 17-29-10, 17-29-11, 17-29-12, 17-29-13, 17-29-14, 17-29-15, 17-29-16, 17-2917, 17-29-18; 17-29-19 Transportation Network Companies - Effective July 1, 2016 By
Delegates COWLES, B. WHITE, SHOTT, ESPINOSA, E. NELSON, HOWELL, UPSON, TRECOST, REYNOLDS
GEARHEART AND HAMRICK.
Relates to transportation network companies; provides definitions; declares not common carriers, taxi
cabs or for-hire vehicle services; requires permits from the Division of Motor Vehicles for TNCs to
operate in the state; outlines requirements for such permits including payment of an annual permit
fee; requires an agent for service of process; provides for fare collection, identification of TNC
vehicles and drivers, and electronic receipts; requires financial responsibility and disclosure thereof;
provides for different level of financial responsibility based on circumstances; requires disclosures of
financial responsibility to TNC drivers; allows automobile insurers to exclude certain coverages;
defines the relationship between drivers and transportation network companies; provides that workers
compensation coverage not required under certain circumstances; requires transportation network
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companies to adopt a policy of zero tolerance of alcohol or drug use for drivers; requires for certain
record keeping practices; provides requirements for drivers; requires background checks and other
requirements before drives may accept trip requests for TNCs; establishes criteria which disqualify
persons from acting as TNC drivers; requires vehicle inspections; requires transportation network
companies to adopt policies prohibiting solicitation or acceptance of cash payments and a policy of
nondiscrimination; prohibits additional charges for providing services to persons with physical
disabilities; requires customer records to be kept; prescribes certain tax requirements, limitations and
exemptions; and prohibits certain political subdivisions from imposition of licensure or other
requirements or fees.

HB 4265 WV Code 7-3-9; 8-16-17; 8-27-16; 10-2A-16; 17-17-22; 17-17-34 WV

Municipal Bond Commission - Effective ninety days from passage By Delegates WALTERS,
FRICH, CANTERBURY, MCCUSKEY, HANSHAW, SKINNER, MARCUM AND PERRY.
Relates to direct payments of principal and interest on certain bonds owned by the United States or
any governmental agency or department of the United States.

HB 4322 WV Code 18B-3D-1; 18B-3D-4 Learn and Earn Program - Effective ninety days
from passage - By MR. SPEAKER (MR. ARMSTEAD) AND DELEGATE MILEY.
Relates to the Workforce Development Initiative Program; revises the purposes for which certain
funding is provided under program; removes condition upon which certain equipment may be sold,
disposed of or used; and eliminates exception to dollar-for-dollar grant funding match from private
sector partners.

HB 4324 WV Code 21A-10-11 Workforce WV - Effective ninety days from passage - By

Delegates Mr. Speaker (Mr. Armstead) And Delegate Miley.
Authorizes information sharing by Workforce West Virginia related to administration of the Workforce
Innovation and Opportunity Act with agencies of state government responsible for vocational
rehabilitation, employment and training.

HB 4362 WV Code 61-2-9d Strangulation as Felony Offense Effective ninety days from
passage - By Delegates Kurcaba, Fleischauer, Statler, Householder, Espinosa, Overington,
Weld, Summers, Blair, Byrd and Upson.
Relates to crimes against the person; establishes the felony offense of strangulation; defines terms;
and provides penalties.

HB 4364 WV Code 21-5G-1 Internet Privacy Protection Act Effective ninety days from
passage - By Delegates Skinner, McGeehan, Hamrick, Fluharty, Householder, Blair, Sponaugle,
Manchin, Miley, Byrd and Marcum.
Relates to employee personal social media; prohibits an employer from requesting or requiring that an
employee or potential employee disclose any user name, password or other authentication information
for accessing a personal account; prohibits an employer from requesting or requiring that an
employee or potential employee access his or her personal account in the employers presence; sets
forth permissible actions for an employer; specifies required action when an employer inadvertently
receives an employees or potential employees username, password or other authentication
information; sets forth circumstances under which an employer is liable for having that information;
sets forth authority and obligation of employer to investigate complaints, allegations or the occurrence
of sexual, racial or other harassment; and defining the term personal account.

HB 4377 WV Code 7-18-1; 7-18-3 Hotel/Motel Tax Exemption Effective ninety days from
passage - By Delegates STORCH, ANDERSON, TRECOST, MANCHIN, FLUHARTY, ZATEZALO, WELD AND D.
EVANS. LEAGUE AGENDA ITEM
Relates to exemptions from the hotel occupancy tax; eliminates exemption from the imposition of the
hotel occupancy tax on consumers occupying a hotel room for thirty or more consecutive days; and
excluding from the meaning of the term hotel room certain sleeping accommodations.

20

HB 4417 WV Code 46A-2-130 Employee Wages Effective ninety days from passage - By
Delegates Shott, Hanshaw, Rowe, Marcum, Shaffer, Manchin, Summers, Kessinger, Ireland and
Skinner.
Relates to limitations on garnishment generally; potentially increases wages protected from
garnishment.

HB 4487 WV Code 5-10-2; 5-10-14; 18-7A-17a State Retirement Systems Effective

ninety days from passage - By Delegates Folk and Walters.
Relates to state retirement systems; defines compensation and employee for the Public Employees
Retirement System; requires payment of reinstatement interest in the Public Employees Retirement
System in certain circumstances; authorizes purchase of retroactive service credit under certain
circumstances and with certain restrictions; and provides that failure of employee to pay the Teachers
Retirement System according to a contract to purchase military service credit is to be treated as an
overpayment or excess contribution pursuant to the article.

HB 4502 WV Code 5-1-29 Licensing/Taxes for Small Business Effective ninety days from
passage - By Delegates Lane, Miller and Sobonya.
Relates to reciprocity agreements with contiguous states and the District of Columbia; authorizes the
governor to enter into and renew reciprocity agreements with the governors and other appropriate
state governmental agencies from states that share contiguous borders with this state, and the District
of Columbia, to establish regulations, licensing requirements and taxation for small businesses
headquartered in this state or in contiguous states or the District of Columbia that conduct business in
both this state and the contiguous state; provides the governor discretionary power to delegate such
authority to the Attorney General or secretary of an executive branch department to negotiate and
enter into such reciprocity agreements on behalf of the governor; requires any reciprocity agreement
that impacts or affects taxation, either the receipt or payment thereof, to be approved by Legislative
act; and defining terms.

HB 4507 WV Code 5-11-9 Hiring Preferences Effective ninety days from passage - By
Delegates UPSON, NELSON, J., COOPER, BLAIR, TRECOST, HOUSEHOLDER, ESPINOSA AND FRICH.
Grants preference in hiring to veteran or disabled veteran; defines veteran; provides that veteran or
disabled veteran meet knowledge, skill and eligibility requirements of job; and clarifies that preference
does not violate state equal employment opportunity law.

HB 4519 WV Code 8-22A-2, 8-22A-6; 8-22A-32; 8-22A-33 Municipal Police/Firefighters

Pensions Effective ninety days from passage - By Delegates HAMILTON, CAMPBELL, LYNCH, P.
SMITH, PETHTEL, MARCUM, A. EVANS, STATLER, WAGNER, MOFFATT AND FRICH.
Relates to authorizing certain municipalities to elect to participate in the West Virginia Municipal Police
Officers and Firefighters Retirement System; provides definitions; authorizes certain municipal police
officers and firefighters to become members of the retirement system under certain circumstances
and with certain restrictions; and provides limitations and requirements for municipalities or municipal
subdivisions to elect to participate in the retirement system. Grants preference in hiring to veteran or
disabled veteran; defines veteran; provides that veteran or disabled veteran meet knowledge, skill
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and eligibility requirements of job; and clarifies that preference does not violate state equal
employment opportunity law.

HB 4540 WV Code 22-15A-22 Electronics in Landfills Effective ninety days from

passage - By Delegates A. Evans , HAMILTON, KELLY, ZATEZALO, ROMINE, WAGNER AND BOGGS.
Relates to removing prohibition of disposal of certain electronics in landfills; and permits county or
regional solid waste authorities to prohibit disposal of covered electronics in landfills where they have
determined that a cost effective recycling alternative for handling covered electronic devices exists.

HB 4554 Weight Limitations on Certain Roads Effective ninety days from passage - By
Delegates AMBLER, GEARHEART, TRECOST, HAMRICK, P. SMITH, IRELAND, COOPER AND D. EVANS.
Authorizes the Commissioner of the Division of Highways to allow an increase of gross weight
limitations and dimensional restrictions on certain roads in Greenbrier County; specifies roadway
location; and provides for permit application, restrictions, requirements, fees and limitations.

HB 4586 WV Code 54-2-4 Condemnation Actions Effective ninety days from passage By Delegates Cowles.
Relates to representation in condemnation proceedings where a property owner or other party is
under a legal disability; provides that the court shall protect the rights of any person who is under a
legal disability because he or she is a protect person, incarcerated, or whose ownership interest, lien,
or other claim to property requires them to be a party in a condemnation action; provides that a
protected person who is a party in a condemnation action may be represented by a conservator or
guardian or by a limited guardian appointed by the court; providing that an incarcerated person who is
a party in a condemnation action and has an attorney or committee shall be represented by the
attorney or committee; provides that an incarcerated person who is a party in a condemnation action
who does not have an attorney or committee shall be represented by a court appointed attorney;
provides that the court shall appoint a guardian ad litem to defend the interests of an unknown owner
or owners of property subject to condemnation; clarifies that the statutory procedures for
condemnation actions control; and authorizes payment for court appointed attorneys to be paid in an
amount to be fixed by the court or judge, to be taxed as costs and paid by the applicant.

HB 4587 WV Code 3-9-19 Absent Voters Ballots Effective ninety days from passage By Delegates MOFFATT AND MILLER.
Relates to violations associated with absent voters ballots; changes reference of clerk of circuit court
to clerk of county commission; makes clerk of county commission guilty of misdemeanor if he or she
refuses or neglects to perform duties required by him or her related to voting by absentees; makes
clerk of county commission guilty of misdemeanor if he or she discloses to any other person or
persons how any absent voter voted; changes gender references; and makes other technical and
grammatical changes relating to the language in the misdemeanor provisions of this section.

HB 4604 WV Code 6B-2-4 Ethics Act Violations Effective ninety days from passage - By
Delegates Householder, Mr. Speaker (Mr. Armstead), Kessinger, Upson, Shott, Folk and Lane.
Relates to violations of the Ethics Act; establishes a deadline of eighteen months for the Ethics
Commission to investigate and make a probable cause determination on a complaint; allows
extension past one year if consented by both respondent and complainant or unless Ethics
Commission finds good cause in writing; changes the burden of proof needed to show a violation of
the Ethics Act to a clear and convincing evidence standard; and extends the statute of limitations for
filing complaints alleging violations of the Ethics Act from two years to five years.

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HB 4612 WV Code 7-11B-3, 7-11B-4, 7-11B-14, 7-11B-21; 7-11B-22; 7-11B-29; 7-11B30; 7-22-5, 7-22-7, 7-22-8, 7-22-12; 7-22-14; 7-22-23; 7-22-24; 8-38-5, 8-38-7, 8-38-8,
8-38-12; 8-38-14; 8-38-23; 8-38-24; 11-10-11a Tax Increment Financing Effective
ninety days from passage - By Delegates E. NELSON, MR. SPEAKER, MR. ARMSTEAD, GEARHEART,
HAMRICK, HOUSEHOLDER, ANDERSON, SHOTT, STORCH, ESPINOSA, HOWELL AND BOGGS
Relates generally to tax increment financing; authorizes tax increment financing for the funding road
projects in West Virginia; permits certain agreements between the Division of Highways and counties
or municipalities regarding development districts; permits financing of certain projects by proceeds of
tax increment financing obligations; permits road construction projects be done jointly by counties and
municipalities under certain circumstances; establishes procedures and requirements for applications
and the management of projects and districts; provides that projects are public improvements and
subject to certain requirements; permits the Division of Highways to propose certain projects;
establishes procedures for the West Virginia Development Office and the Tax Commissioner
regarding applications and their review; permits audits in certain circumstances; establishes a
procedure for adding or removing property from an economic opportunity development district;
requires procedures relating to taxpayers; provides for confidentiality; provides that roads to be part of
the state road system; requires legislative rulemaking; permits a fee to be assessed; makes findings;
and defines terms.

HB 4618 WV Code 6B-2-5c; 6B-2B-1, 6B-2B-2, 6B-2B-3, 6B-2B-4, 6B-2B-5; 6B-2B-6

Public Officials Name or Likeness Effective ninety days from passage - By Delegates
Sobonya, Ireland, Foster, Zatezalo, Fast, Rowe, Deem, Skinner, Folk, Manchin and Marcum.
Places limitations on the use of a public officials name or likeness; repeals current provisions; defines
terms; prohibits public officials, their agents and public employees from placing the public officials
name or likeness on trinkets; prohibits public officials, their agents and public employees from using
public funds, public employees, or public resources to distribute, disseminate, publish, or display the
public officials name or likeness for the purpose of advertising to the public; prohibits public officials,
their agents or public employees from placing the public officials name or likeness on publicly-owned
vehicles; prohibits a public officials name or likeness from being placed on any educational material
that is paid for with public funds; places restrictions on a public officials name or likeness on a public
agencys website and social media; provides exceptions; provides for alternative uses for prohibited
material after the effective date; and provides an opportunity to obtain an exemption from the Ethics
Commission.

HB 4674 WV Code 17C-15-19

Motor Vehicle Back-up Lamps Effective ninety days
from passage - By Delegates Howell, R. Smith, Ihle, Hamrick and Pushkin.
Requires motor vehicles to have at least two functioning back-up lamps unless they were
manufactured having only one.

HB 4728 WV Code 60A-2-208 Schedule Three Controlled Substances Effective ninety

days from passage - By Delegates Ellington, Summers and Householder.
Relates to schedule three controlled substances; designates human chorionic gonadotropin as a
schedule three controlled substance; and allows human chorionic gonadotropin solely for injection or
implantation in cattle and other nonhuman species.

HB 4738 WV Code 17C-5-2 Driving in Impaired State Effective ninety days from
passage - By Delegates Hanshaw, McCuskey, Foster, Weld, Fast, Overington, Folk, Shaffer,
Moore, Byrd and Manchin.
Relates to the offense of driving in an impaired state; establishes the offense of driving a vehicle while
he or she is in an impaired state; establishes the offense of driving a vehicle while he or she is in an
impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of
one percent by weight; adds influence of inhalant substances in definition of impaired state; and
provides for penalties.

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HB 4740 WV Code 52-1-11 National Guard/Reserves and Jury Duty Effective ninety
days from passage - By Delegates Weld, Hanshaw, McCuskey, Fleischauer, Kessinger,
Sobonya, Summers, Zatezalo And J. Nelson.
Relates to excuses from jury service; and permits that current members of the National Guard or
reserves may be excused from jury duty.

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Sample of Bills Failed or Vetoed

Failed

SB 73 Leaving Scene of Accident- Would have created a felony crime of

knowingly leaving scene of crash resulting in serious bodily injury.

Vetoed

Failed

Vetoed

SB 102 Law Enforcement Officers Safety Act Related to West Virginia officials
carrying concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety
Act, 18 U. S. C. 926B.
SB 116 LVLs Would have increased the number of limited video lottery terminals
allowed at retail location.
SB 157 RULES BUNDLE - Related generally to the promulgation of administrative
rules by the Department of Revenue.

Vetoed

SB 254 Firearms Prohibited county parks and recreation commissions from

promulgating or enforcing rules and regulations which prohibit possession of firearms; and provides
magistrate courts with concurrent jurisdiction.

Failed

Failed

Failed

Failed

Failed

- SB 216 Pregnant Workers Would have authorized Human Rights Commission to

promulgate legislative rule relating to Pregnant Workers Fairness Act.
SB 263 Home Rule Board - Would have allowed travel and other expense
reimbursement for members of Municipal Home Rule Board.
SB 287 WV Safer Workplaces Act Would have created the WV Safer
Workplaces Act.
SB 288 One Day Special License Would have created a one-day special license
for charitable events to sell non-intoxicating beer.
SB 290 Wages Would have dealt with the assignment of wage by employers and
payments by payroll card.

Failed
Failed

Failed

SB 299 Libraries Would have created the Library Facilities Improvement Fund.

SB 337 Mine Sites Would have created a 5 year tax credit for businesses on
post-mine sites.
- SB 411 Employment Would have created the Second Chance for Employment

Act.

Failed SB 424 Fire Departments Would have allowed fire departments to assess fees.
Failed - SB 455 LVLS - Would have allowed person to be both limited video lottery operator
and retailer.

Failed

SB 478 Growlers Would have authorized licensees who sell growlers to offer

samples.

Failed

Failed

SB 481 Distilleries Would have authorized distillery operators to offer liquor for
purchase and consumption on premises.
SB 485 Recreation Would have established regional recreation authorities and

areas.

Failed

SB 553 Volunteer Fire Departments Would have merged purposes and

provisions of volunteer fire departments workers compensation subsidy program and fund.
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Vetoed

HB 2110 Manufacturing Entities - Related to the tax treatment of manufacturing

entities.

Failed

Vetoed

Vetoed

Failed

Vetoed

HB 4012 Religious Freedom Would have created the WV Religious Freedom

Restoration Act.
HB 4246 Martinsburg Library Would have changed the Martinsburg Public Library
to the Martinsburg-Berkeley County Public Library.
HB 4307 Firearms Would have clarified that a firearm may be carried for self
defense in stat parks state forests and state recreational area.
HB 4542 Fire Districts Would have allowed persons with property within rural fire
protection districts to opt out of fire protection coverage.
HB 4668 Coal Severance Tax Raised the allowable threshold of the coal
severance tax revenue fund budgeted for personal services from one fourth to one half.

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WV MUNICIPAL LEAGUE

Non-Profit Org.
US Postage
PAID
Permit No. 1041
Chas. WV 25311

2020 KANAWHA BLVD., EAST

CHARLESTON, WV 25311

1-800-344-7702

2016 LEGISLATIVE SUMMARY

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