Gov't Affairs

The monthly meetings are being eliminated in favor of email lists of members with interests and knowledge in specific topics/issues. When issues develop that require meetings/coordination, Committee members will be notified. Please email if you are a member would like to be included on this list.

State and local regulation changes are continuing through the summer. Changes in the state's adopted building codes are being reviewed. Our association staff is engaged with state officials and legislators providing information on energy, electrical and fire code change proposals. Local activities include land use regulation changes in our three panhandle counties. Morgan is creating a new citizen's land use advisory committee. This will have an eye toward updating current ordinances. Jefferson has a new planning director. It has been eight months since the previous director resigned. Resolution of the current zoning ordinance suspension, revisions to the newest subdivision ordinance and beginning a comprehensive plan rewrite will certainly be ongoing topics. Berkeley is expected to adopt their new subdivision ordinance in the next few weeks. The last public hearing was lightly attended and no major changes were proposed. It should be ready for a final decision. Staff is available to assist members with any questions or problems they may have interacting with local regulations.

Berkeley County is holding their final public hearing prior to enactment of a new subdivision ordinance this week. The hearing is scheduled for 2 PM on June 11 in the County Commission meeting room. Berkeley Planning Commission is meeting Monday, June 8. The agenda indicates there may be some discussion involving bonding policy for phased projects. Jefferson County Planning Commission meets June 9. There are two items that have policy direction implications. First is election of officers, specifically President of the PC. Current President Bob Reynolds announced his resignation from the office at their last meeting. Final Plat hearings should include a postponement from their last meeting. Issues of proper notification and processing time requirements are the current focus. This project is also near Harpers Ferry National Park. That has brought serious opposition from some residents. This will be a week of meetings setting the tone for future applications.

Comments, suggestions and questions regarding any of your concerns are encouraged.

The following note to EPHBA members is an excerpt from the May 2009 EPHBA Foundations Newsletter:

The 2009 State legislative session has produced several changes that members need to be aware of. Two of the most significant relate to Unemployment Insurance employer contributions and Worker’s Compensation verification. I won’t attempt to explain all the changes in this message. It is important that ALL employers know that certain rules and procedures have changed.

The past year has seen an increased pressure on the Unemployment Compensation Fund. This has resulted in several changes being made in the employer contribution to that fund. The most important may be that the employee base wage for employer contribution has increased from $8,000 to $12,000. This is a 50% increase. There is an annual review standard which may reduce the amount to $9,000 under certain conditions. It is enough to say that employer contribution to the system has been raised substantially.

Worker’s Compensation has also been amended to clarify prime and sub contractor responsibility for verification of compliance. Primary contractors must insure that sub contractors are in good standing. This good faith effort will establish limits of shared liability.

These are complex issues. Understanding and compliance is important for business operation and financial planning. I have included the legislative bill numbers to enable a more detailed reading available on West Virginia’s Legislative website. Contact EPHBA Government Affairs staff for questions regarding these changes.

Changes to the Unemployment Compensation System. (SB 246)

AN ACT to amend and reenact §21A of the Code of West Virginia, all relating generally to unemployment compensation; providing for an alternative base wage and authorizing benefits thereunder; requiring notice to employer when employee quits for health reasons; requiring written certification from physician within thirty days; classifying certain conduct as gross misconduct; providing that an employee who voluntarily retires is not eligible for unemployment; requiring the Insurance Commissioner transfer certain funds for the benefit of the Unemployment Trust Fund; and authorizing the transfer of certain funds by the Insurance Commissioner.

Changes to Worker’s Compensation responsibility. (SB 537)

AN ACT to repeal, amend and reenact §23 of West Virginia code all relating to workers' compensation; eliminating obsolete sunset provisions; redefining the responsibility of prime contractors to injured employees of their subcontractors; clarifying subrogation rights with respect to employees injured by third parties; administrators; mandating conditional payments in certain instances; authorizing the Insurance Commissioner to compromise and settle claims for moneys due the Old Fund and Uninsured Employer Fund; and requiring report to Legislature regarding settlements.

Fred Blackmer
EPHBA, Government Affairs
fredblackmer@aol.com

Government Affairs Updates

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