Legislature in WV The Voice of Agriculture in the Mountain State

Today in the Legislature is a daily synopsis of legislative activities maintained by the West Virginia Legislature's Office

January 20, 2023
 
The 2023 West Virginia Legislative Session began on January 11. During his state-of-the-state address, Governor Jim Justice called for nearly a flat budget of $4.88 billion. He proposed a 5 percent pay raise for state employees and a 50 percent reduction in personal income tax over the next three years.

The West Virginia Senate, under the direction of Senate President Craig Blair, began the first session of the 86th Legislature by suspending constitutional rules and passing 23 bills. Most of the bills were approved by the Senate last year but failed to receive House approval in 2022. SB 126 would divide DHHR into three agencies.

The House of Delegates convened and elected Roger Hanshaw of Clay County for a third term as Speaker. House Resolutions 1, 2, and 3 were adopted to approve rules of operation for this session.

All bills that did not pass one house as per legislative calendar have been deleted. Updates in bold.

The following bills were introduced during Week 1 (January 11-13) of the 60-day session. Those of interest to agricultural producers and rural West Virginia include:

HB 2309    By Delegate Howell. Bill requires Division of Forestry to establish on-line renewal process for Managed Timberland Program. Sent to Agriculture & Natural Resources. Passed. Sent to House Government Organization. Passed on 1st Reading Special Calendar. Passed the House. Sent to Senate Agriculture. On 1st Reading Full Senate. WVFB supports.    
 
HB 2526    By Delegates Hanshaw & Skaff. Purpose of bill is to reduce personal income tax rates by 50 percent over the next three years. Sent to House Finance. Passed Full House. Sent to Senate Finance. Passed Full Senate as amended. Sent to House for concurrence. WVFB monitoring.



The following bills were introduced during Week 2 (January 16-20):

HB 2696, HB 2697, HB 2698, HB 2699, HB 2700, HB 2701, HB 2702, HB 2703, HB 2704    By Delegate Foster. Various rules bills for the West Virginia Department of Agriculture. Sent to Agriculture & Natural Resources.  Passed. Sent to House Judiciary. (Similar bills SB 365, SB 366,

SB 367, SB 368, SB 369, SB 370, SB 371, SB 372, SB 373 by Senator Woodrum – Senate WVDA Rules package. Sent to Senate Judiciary.) Reported in Committee. Sub for SB 361. Passed Full Senate. Sent to House Judiciary. WVFB supports.


The following bills were introduced during Week 3 (January 23-27):

SB 485    By Senator Smith. Bill creates the PFAS Protection Act. Requires DEP to identify and address PFAS sources impacting public water systems. Sent to Agriculture & Natural Resources.  Passed. Sent to Finance. (Similar bill HB 3189 passed Full House. Sent to Senate Government Organization.)  WVFB monitoring.

HB 3045    By Delegate Dillon. Purpose of bill is to establish temporary emergency certification for currently certified teachers wishing to obtain certification or endorsement in Agriculture Education. (Similar bill HB 3046 on 3rd Reading House Calendar.  Passed Full House. Sent to Senate.) Sent to Education. WVFB monitoring.

SR 16    By Senator Smith. Designates January 30, 2023, as Future Farmers Day at the Legislature. Passed. Completed legislation. WVFB supports.



The following bills were introduced during Week 4 (January 30 - February 3):

SB 548    By Senator Weld. Bill clarifies what parties are entitled to redeem delinquent property and limits those to bid on public auction sales. Requires potential bidders from other countries “of particular concern” to register and may be ineligible based on reports from the Department of State of the United States. (Similar bill HB 3202.) Sent to Senate Judiciary. Passed as amended.  Sent to Full Senate. Passed Full Senate. Sent to House Judiciary.  WVFB supports.

HB 3205    By Delegate Worrell. Bill removes all requirements for certificates of need authorization by a health care facility. Removes all references from West Virginia State Code regarding certificates of need from the West Virginia Health Care Authority. Sent to Health & Human Resources. (Similar bill SB 613 passed 1st Reading Full Senate. Passed Full Senate. On 1st Reading Full House.)  WVFB monitoring.

HB 3210    By Delegate Phillips. Bill clarifies who may install, fill, and deliver liquified petroleum tanks. No person shall dismantle, evacuate, service, or relocate a liquefied petroleum gas container unless the equipment is owned by the person or the action is authorized by owner.  Sent to House Government Organization. Passed on 1st Reading Full House. Passed Full House. Sent to Senate Government Organization. Completed legislation. WVFB supports.

HB 3215    By Delegate Riley. Bill modifies timeline and membership of counties that have planning commissions. Modifies definition, frequency of meetings, and jurisdiction of planning commissions. Provides that a member of a county board of appeals may also serve as a member of the county board of subdivision & land development appeals. Sent to House Economic Development. On 2nd Reading Special Calendar. Completed legislation. WVFB monitoring.



The following bills were introduced during Week 5 (February 6 - 10):

SB 424    By Senator Blair. Originating in Committee of Finance, bill establishes a 50-percent tax credit for certain business, machinery, and inventory taxes. Eligible taxpayers may receive a 100-percent tax credit refund for motor vehicles. Disabled veteran eligible taxpayers may receive a 100-percent refundable tax credit on real property. Bill removes the “marriage penalty” on taxable income. Provides for 15-percent reduction in personal income tax and future reductions based on economic conditions and performance.  Sent to Finance. Passed Full Senate.  Ordered to the House. Sent to House Finance. WVFB monitoring.

SB 581    By Senator Hamilton. Bill known as 2023 Farm Bill. Includes provisions to transfer some land owned by the Department of Agriculture and amends some terms, as well as the auctioneer board of review. Sent to Agriculture & Natural Resources. Passed. Sent to Judiciary. Passed Full Senate as amended. Sent to House Judiciary. WVFB supports.

HB 3313    By Delegate Phillips. Bill prevents county commissions from establishing ordinances, rules, or regulations that exceed State law in the establishment, expansion, or continuation of agricultural businesses. Sent to Agriculture & Natural Resources. Passed. Sent to Judiciary. Passed Full House. Sent to Senate Government Organization. (Similar bill SB 585. Passed. Sent to Government Organization. Passed on 2nd Reading Full Senate.) WVFB supports.



The following bills were introduced during Week 6 (February 13 - 17):

HB 3384    By Delegate Young. Bill known as the Agriculture Right to Repair Bill. Requires manufacturers of agricultural equipment to make available to owners and independent repair shops the documentation, parts, and tools used to diagnose, maintain, and repair such equipment. Sent to Agriculture & Natural Resources. Senate originating bill under consideration for introduction, WVFB monitoring. SB 738 passed Full Senate.  Sent to House. WVFB monitoring.

HB 3493    By Delegate Capito. Bill prohibits certain foreign ownership of agricultural land in West Virginia. Sent to Judiciary. Passed on 1st Reading House Calendar. Passed Full House. Sent to Senate Judiciary. WVFB supports.



The following bills were introduced during Week 7 (February 20 - 24):

SB 701    By Senator Blair. Bill authorizes county assessors to require landowners to produce carbon offset agreements on all property and forward all information to State Tax Department. If property owner enters into any carbon offset agreement, property owner will lose the managed timberland tax status. Sent to Committee on Economic Development. WVFB opposes.  


The following bills were introduced during Week 8 (February 27 - March 3):

SB 739    Originating bill that establishes a 60-day moratorium on timber-related carbon capture agreements. Bill makes it unlawful to enter into any agreement or contract known as a carbon offset agreement.  Passed Full Senate. Ordered to the House. Sent to House Energy. WVFB opposes.  

All legislation may be found at www.wvlegislature.gov.