Senate

Tuesday, February 19, 2019 – 42nd Day of Session

The Senate will convene at 11 a.m.

RESOLUTIONS

• SCR 39: Requesting creation of Joint Select Committee on Requirements Governing Water Quality Standards
• SCR 40: US Army CPL Roy E. Clark Memorial Bridge
• SCR 41: Requesting study implementation, costs and benefits of creating paid family and medical leave insurance program
• SR 51: Designating February 19, 2019, as Nurses' Policy Day

UNFINISHED BUSINESS

• SCR 36: US Army CPL Cory M. Hewitt Memorial Bridge
• SCR 37: Urging Bureau for Public Health designate Alzheimer's disease and other dementias as public health issue
• SCR 38: Urging CSX support New River Train

THIRD READING

• Com. Sub. for SB 29: Creating ten-year tax credits for businesses locating on post-coal mine sites
• Com. Sub. for SB 117: Relating to incentives for consolidating local governments
• Com. Sub. for SB 147: Shifting funding from Landfill Closure Assistance Fund to local solid waste authorities – (with right to amend) (original similar to HB 2496)
• SB 333: Exempting automobiles 25 years or older from personal property taxes
• SB 617: Relating to method of payment to Municipal Pensions Security Fund
• SB 618: Relating to effect on levy rate when appraisal results in tax increase

SECOND READING

• Com. Sub. for Com. Sub. for SB 310: Establishing certain requirements for dental insurance (original similar to HB 2754)
• Com. Sub. for SB 326: Reorganizing state agencies involved in emergency and disaster planning (original similar to HB 2482)
• Com. Sub. for SB 344: Relating to operation of state-owned farms (original similar to HB 2560)
• Com. Sub. for SB 360: Relating to third-party litigation financing
• Com. Sub. for SB 512: Regulating pawnbrokers
• SB 519: Requiring county emergency dispatchers complete course for telephonic cardiopulmonary resuscitation (original similar to HB 2880)
• Com. Sub. for SB 553: Relating to federal funds for land-grant institutions
• SB 587: Relating to PEIA reimbursement of air ambulance providers
• Com. Sub. for SB 601: Relating to mandatory supervision of adult inmates
• SB 635: Relating generally to coal mining activities
• SB 636: Authorizing legislative rules for Higher Education Policy Commission
• Eng. Com. Sub. for HB 2324: Authorizing the acupuncture board to issue certificates to perform auricular acudetox therapy (Com. amend. pending)
• Eng. Com. Sub. for HB 2607: Relating to the licensure of nursing homes (original similar to SB 434)
• Eng. HB 2666: Supplemental appropriation to the Department of Veterans’ Assistance (Com. amends. pending) (original similar to SB 446)
• Eng. HB 2668: Supplemental appropriation to the Department of Administration, Public Defender Services (Com. amend. pending)

FIRST READING

• Com. Sub. for SB 340: Repealing obsolete provisions of code relating to WV Physicians Mutual Insurance Company
• Com. Sub. for Com. Sub. for SB 402: Authorizing Division of Forestry investigate and enforce timber theft violations (original similar to HB 2717)
• Com. Sub. for Com. Sub. for SB 510: Relating to medical professional liability
• Eng. Com. Sub. for HB 2083: Providing an identification card for released inmates who do not have a West Virginia identification card or driver’s license (Com. amend. and title amend. pending)

Scheduled Committee Meetings

10 a.m.: Military (208W)

• SB 596: Adjusting voluntary contribution amounts on certain DMV forms
• Eng. HB 2036: Permitting vehicles displaying disabled veterans' special registration plates to park in places where persons with mobility impairments may park
• Eng. HB 2821: Updating provisions for command, clerical and other pay

10 a.m.: Transportation and Infrastructure (451M)

• SB 538: Relating to WV Highway Design-Build Pilot Program
• Com. Sub. for SCR 13: US Marine SGT Stephen E. Drummond Memorial Bridge

1 p.m.: Energy, Industry and Mining (208W)

• Originating Bill 2: Expedited horizontal oil and gas well permitting fees

1 p.m.: Health and Human Resources (451M)

• SB 593: Permitting critical access hospital become community outpatient medical center
• SB 564: Expanding comprehensive coverage for pregnant women through Medicaid
• SB 80: Establishing tax credit for practicing physicians locating in WV
• SB 641: Relating to Primary Care Support Program
• SB 537: Creating workgroup to review hospice need standards
• SB 574: Permitting authorized physician order involuntary hospitalization of individual if physician believes addicted or mentally ill

2 p.m.: Government Organization (208W)

• SB 396: Waiving occupational licensing fees for low-income individuals, military families, and young workers
• SB 569: Relating to interagency procurement of commodities and services
• SB 570: Allowing contracts without bids for construction, demolition, or rehabilitation resulting from declared state of emergency
• SB 404: Relating generally to sediment control during commercial timber harvesting operations
• SB 557: Allowing municipalities to contract projects without bidding
• SB 441: Relating to higher education campus police officers
• HB 2612: Proposing rules related to the completion or updating of source water protection plans
• SB 330: Requiring contact information be listed on agency's online directory and website
• SB 467: Clarifying PSC jurisdiction over water and sewer utilities
• SB 464: Modifying licensing requirements for telemedicine and surgery or podiatry

2 p.m.: Education (451M)

• Agenda TBA

3 p.m.: Judiciary (208W)

• SB 415: Creating Timber Cotenancy Modernization and Majority Protection Act and Unknown and Unlocatable Timber Interest Owners Act
• SB 529: Clarifying provisions of Nonintoxicating Beer Act
• SB 547: Limiting landowner liability for recreational use of land
• SB 585: Defining "stalking" as repeated course of conduct
• SB 571: Establishing method for courts to order financial exploitation protection orders
• HB 2740: Barring a parent from inheriting from a child in certain instances
• HB 2746: Relating to administration of estates
• HB 2759: Providing for the ancillary administration of West Virginia real estate owned by nonresidents by affidavit and without administration
• SB 44: Appropriation Supremacy Act of 2019

3 p.m.: Finance (451M)

• Com. Sub. for HB 2001: Relating to exempting social security benefits from personal income tax
• SB 11: Relating to retirement and pension benefits of certain PERS and Teachers Retirement System members who serve in Legislature
• Com. Sub. for SB 86: Requiring county boards provide free feminine hygiene products in grades six to 12
• Com. Sub. for SB 383: Creating WV Healthy Food Crop Block Grant Program
• SB 456: Authorizing railroads and commercial watercraft claim refundable exemption from motor fuel excise tax
• Com. Sub. for SB 546: Relating to health care provider taxes
• SB 612: Allowing establishment of secondary location for simulcast video lottery terminals
• Com. Sub. for HB 2848: Relating to the West Virginia ABLE Act

Committee Action on Bills from Monday, February 18, 2019

10 a.m.: Transportation and Infrastructure

• SB 522: Creating special road repair fund
• Committee substitute as amended reported to full Senate with recommendation it do pass; second reference to Finance

1 p.m.: Judiciary

• SB 44: Appropriation Supremacy Act of 2019
• Bill is laid over

• SB 340: Repealing obsolete provisions of code relating to WV Physicians Mutual Insurance Company
• Committee substitute reported to full Senate with recommendation it do pass

• SB 402: Authorizing Division of Forestry investigate and enforce timber theft violations
• Committee substitute reported to full Senate with recommendation it do pass

• SB 510: Relating to medical professional liability
• Committee substitute reported to full Senate with recommendation it do pass

• HB 2083: Providing an identification card for released inmates who do not have a West Virginia identification card or driver’s license
• Strike-and-insert amendment adopted; bill reported to full Senate with recommendation it do pass

Bills that Have Passed the Senate as of Monday, February 18, 2019 (119 Senate; 9 House)

• SB 1: Increasing access to career education and workforce training (House Education)
• SB 3: Establishing WV Small Wireless Facilities Deployment Act (House Technology and Infrastructure)
• SB 4: Relating generally to Municipal Home Rule Program (House Government Organization)
• SB 10: Relating to Second Chance Driver's License Program (House Technology and Infrastructure)
• SB 13: Relating to distributions from State Excess Lottery Fund (House Finance)
• SB 14: Creating WV Farm-to-School Grant Program (House Agriculture and Natural Resources)
• SB 16: Authorizing expenditure of surplus funds by Wyoming County Commission (House Finance)
• SB 17: Relating to probation eligibility (Signed 02-11-19)
• SB 18: Relating to crimes committed on State Capitol Complex (Completed; Awaiting action by Governor)
• SB 19: Relating to Senior Farmers Market Nutrition Program (House Agriculture and Natural Resources)
• SB 24: Relating generally to local boards of health (House Political Subdivisions)
• SB 26: Permitting certain employees of educational service cooperatives participate in state's teacher retirement systems (Pending House introduction)
• SB 27: Removing restrictions on where certain traditional lottery games may be played (Completed; Awaiting action by Governor)
• SB 28: Removing hotel occupancy tax limit collects for medical care and emergency services (Pending Senate concurrence; Senate refers to Rules for further consideration)
• SB 30: Eliminating tax on annuity considerations collected by life insurer (House Banking and Insurance)
• SB 36: Allowing adjustment of gross income for calculating personal income liability for certain retirees (House Pensions and Retirement)
• SB 40: Establishing Military Service Members Court program (House Judiciary)
• SB 47: Providing wind power projects be taxed at real property rate (House Government Organization)
• SB 55: Relating to driving privileges and requirements for persons under 18 (House Technology and Infrastructure)
• SB 60: Licensing practice of athletic training (House Health and Human Resources)
• SB 61: Adding certain crimes for which prosecutor may apply for wiretap (Senate amends House amendment; requests House to concur)
• SB 62: Requiring participation in drug court program before discharge of certain first-time drug offenses (House Judiciary)
• SB 63: Relating to partial filling of prescriptions (House Judiciary)
• SB 66: Prohibiting certain misleading lawsuit advertising practices (House Judiciary)
• SB 72: Creating Sexual Assault Victims' Bill of Rights (House Judiciary)
• SB 74: Exempting nonpaid volunteers at ski areas from workers' compensation benefits (House Banking and Insurance)
• SB 90: Transferring Safety and Treatment Program from DHHR to DMV (House Judiciary)
• SB 100: Increasing court fees to fund law-enforcement standards training and expenses (House Finance)
• SB 101: Equalizing penalties for intimidating and retaliating against certain public officers and other persons (House Judiciary)
• SB 102: Relating generally to powers and authority of courthouse security officers (House Judiciary)
• SB 103: Relating generally to Public Defender Services (House Finance)
• SB 106: Alleviating double taxation on foreign income at state level (House Finance)
• SB 119: Specifying documents not subject to discovery in certain proceedings (Signed 02-08-19)
• SB 124: Creating felony offense for actions of cruelty to animals which causes serious injury or death of animal (House Judiciary)
• SB 127: Relating to parole officers' duties to perform alcohol and drug testing of litigants (House Judiciary)
• SB 149: Exempting certain veterans from concealed weapons license fees (House Judiciary)
• SB 152: Relating generally to criminal offense expungement (House Finance)
• SB 153: Providing greater flexibility for making infrastructure project grants (House Technology and Infrastructure)
• SB 154: Using school facilities for funeral and memorial services for certain community members (Education)
• SB 157: Authorizing Department of Administration promulgate legislative rules (House Judiciary)
• SB 163: Authorizing DEP promulgate legislative rules (House Energy)
• SB 175: Authorizing DHHR promulgate legislative rules (House Health and Human Resources)
• SB 177: Fire Commission rule relating to State Building Code (Signed 02-14-19)
• SB 187: Authorizing Department of Revenue to promulgate legislative rules (House Finance)
• SB 190: DOH rule relating to employment procedures (House Technology and Infrastructure)
• SB 199: Authorizing certain miscellaneous agencies and boards promulgate legislative rules (House Judiciary)
• SB 223: Authorizing Department of Commerce promulgate legislative rules (House Judiciary)
• SB 233: Relating to age requirements for deputy sheriff (House Government Organization)
• SB 236: Providing notice of eligibility to persons to vote after completion of punishment or pardon (House Judiciary)
• SB 237: Improving ability of law enforcement to locate and return missing persons (House Judiciary)
• SB 240: Repealing certain legislative rules no longer authorized or are obsolete (Completed; Awaiting action by Governor)
• SB 241: Permitting county court clerks scan certain documents in electronic form (House Political Subdivisions)
• SB 243: Requiring racetrack participate in WV Thoroughbred Development Fund (House Finance)
• SB 253: Protecting consumers from automatic purchase renewal and continuous service offers (House Judiciary)
• SB 255: Relating to Emergency Medical Services Advisory Committee (Signed 02-14-19)
• SB 256: Allowing certain deductions from individual personal income tax refunds (House Finance)
• SB 258: Establishing common law "veil piercing" claims not be used to impose personal liability (House Judiciary)
• SB 259: Expanding Coyote Control Program (Pending House introduction)
• SB 263: Limiting number of days legislators may be compensated during extended and extraordinary sessions if budget bill not enacted (House Finance)
• SB 264: Requiring courts to order restitution to crime victims where economically practicable (House Judiciary)
• SB 266: Creating Intermediate Court of Appeals and WV Appellate Review Organization Act of 2019 (Pending House introduction)
• SB 267: Requiring State Board of Education adopt policy detailing level of computer science instruction (Completed; Awaiting action by Governor)
• SB 268: Updating meaning of federal taxable income in WV Corporation Net Income Tax Act (Completed; Awaiting action by Governor)
• SB 269: Updating terms used in WV Personal Income Tax Act (Completed; Awaiting action by Governor)
• SB 270: Streamlining process for utilities access to DOH rights-of-way (H First Reading 02-19-19)
• SB 272: Updating code relating to Commission on Special Investigations (Vetoed 02-11-19)
• SB 285: Relating to sale of homemade food items (House Agriculture and Natural Resources)
• SB 291: Relating generally to survivor benefits for emergency response providers (House Finance)
• SB 295: Relating to crimes against public justice (Pending House introduction)
• SB 296: Providing 11-month window to permit members of PERS to purchase credited service (House Pensions and Retirement)
• SB 297: Extending expiration of military members' spouses' driver's license (House Technology and Infrastructure)
• SB 317: Authorizing three or more adjacent counties form multicounty trail network authority (Agriculture and Natural Resources)
• SB 323: Establishing revenue fund and source to support Department of Agriculture's improvement to facilities (Completed; Awaiting action by Governor)
• SB 324: Relating to Commissioner of Agriculture employees (Completed; Awaiting action by Governor)
• SB 331: Using leashed dogs to track mortally wounded deer or bear (House Judiciary)
• SB 332: Relating to Class Q special hunting permit for disabled persons (House Judiciary)
• SB 339: Allowing certain persons carry pepper spray in State Capitol Complex (House Judiciary)
• SB 343: Relating to review and approval of state property leases (House Government Organization)
• SB 345: Relating to fire service equipment and training funds for VFDs (House Fire Departments and Emergency Medical Services)
• SB 346: Changing rate which certain judges are paid for mileage when traveling within state (House Finance)
• SB 352: Relating to Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities (House Government Organization)

• SB 354: Expiring funds to balance of Auditor's Office - Chief Inspector's Fund (Completed; Awaiting action by Governor)
• SB 356: Requiring MAPS provide state and federal prosecutors information (H First Reading 02-19-19)
• SB 357: Relating generally to Division of Administrative Services (House Government Organization)
• SB 358: Exempting Purchasing Division purchases for equipment to maintain security at state facilities (H First Reading 02-19-19)
• SB 361: Relating to Public Defender Services (House Judiciary)
• SB 369: Relating to generic drug products (House Health and Human Resources)
• SB 373: Relating to financial responsibility of inmates (House Finance)
• SB 377: Relating to minimum wage and maximum hour standards (H Third Reading, 02-19-19)
• SB 387: Relating generally to extradition (H First Reading 02-19-19)
• SB 389: Allowing developmentally disabled person purchase base hunting license (House Judiciary)
• SB 390: Requiring electric utilities submit feasibility studies of constructing and operating middle-mile broadband internet projects (House Technology and Infrastructure)
• SB 392: Relating to payment of invoices received by Division of Corrections and Rehabilitation for contract work (House Government Organization)
• SB 393: Protecting right to farm (House Judiciary)
• SB 398: Relating to compensation for senior judges (House Finance)
• SB 399: Relating to compensation for senior magistrates (House Judiciary)
• SB 405: Increasing limit on additional expenses incurred in preparing notice list for redemption (House Government Organization)
• SB 408: Determining indigency for public defender services (House Judiciary)
• SB 440: Relating to Antihazing Law (House Judiciary)
• SB 442: Supplementing, amending, and decreasing appropriation to Insurance Commission (House Finance)
• SB 443: Supplemental appropriation of federal moneys to DHHR divisions (House Finance)
• SB 444: Supplemental appropriation to DHHR divisions (House Finance)
• SB 451: Comprehensive education reform (Senate amends House amendment; communicated to House)
• SB 452: Supplemental appropriation to Second Chance Driver's License Program (H First Reading 02-19-19)
• SB 453: Relating to background checks of certain financial institutions (House Judiciary)
• SB 461: Providing for personal income tax withholding on certain lottery winnings (House Finance)
• SB 481: Relating to Judicial Vacancy Advisory Commission (House Judiciary)
• SB 489: Relating to Pharmacy Audit Integrity Act (Pending House introduction)
• SB 491: Extending effective date for voter registration in conjunction with driver licensing (House Judiciary)
• SB 496: Transferring authority to regulate milk from DHHR to Department of Agriculture (House Government Organization)
• SB 499: Amending WV tax laws to conform to changes in partnerships for federal income tax purposes (House Finance)
• SB 502: Exempting sales of investment metal bullion and coins (Pending House introduction)
• SB 516: Relating to attorney fees in subsidized adoptions (House Judiciary)
• SB 518: Restricting sale and trade of dextromethorphan (House Health and Human Resources)
• SB 542: Relating to registration fees for military-related special registration plates (House Technology and Infrastructure)
• SB 545: Relating to HIV testing (Pending House introduction)
• SB 550: Declaring certain claims to be moral obligations of state (Pending House introduction)
• SB 563: Prohibiting sexual assault victim be subjected to certain physical examinations (House Judiciary)
• SB 590: Permitting guided bear hunts by licensed outfitters and guides (House Agriculture and Natural Resources)
• HB 2191: Relating generally to limited video lottery (Completed; Awaiting action by Governor)
• HB 2307: Relating to creating a provisional license for practicing barbering and cosmetology (Passed; Communicated to House)
• HB 2446: Blue Alert Plan (Completed; Pending action by Governor)
• HB 2351: Relating to regulating prior authorizations (House requests Conference Committee – appoints Ellington, R-Mercer; Hollen, R-Wood, Staggers, D-Fayette; Senate appoints Maroney, Takubo, Stollings)
• HB 2459: Exercising authority to exempt individuals domiciled within the state from certain restrictions contained in federal law (Pending House concurrence)
• HB 2462: Issuing a certificate to correctional employees to carry firearms (Completed; Awaiting action by governor)
• HB 2481: Permitting retail sale of alcoholic beverages on Sundays after 1 p.m. (Pending House concurrence with Senate amendment)
• HB 2492: Relating to mandatory reporting procedures of abuse and neglect of adults and children (Pending House concurrence)
• HB 2521: Relating to permitting fur-bearer parts (Completed; Awaiting action by Governor)

Resolutions that have Passed the Senate as of Monday, February 18, 2019 (11)

• SCR 4: US Marine Corps Lt. Col. Dennis Ray Blankenship Memorial Road (House Technology and Infrastructure)
• SCR 5: Home of Coach Bob Bolen Mountain State University 2004 NAIA Champions sign (House Technology and Infrastructure)
• SJR 5: Clarification of the Judiciary's Role in Impeachment Proceedings Amendment (House Finance)
• SCR 7: Urging Congress provide exceptions to weight limits on interstate (House Technology and Infrastructure)
• SCR 9: US Army PFC Winten L. Wayts Memorial Bridge (House Technology and Infrastructure)
• SCR 11: Urging Congress pass fully funded long-term surface transportation and infrastructure measures (House Technology and Infrastructure)
• SCR 12: US Army CPL Lee Roy Young Memorial Bridge (House Technology and Infrastructure)
• SCR 16: US Army SP4 Wilbur Allen Smith Memorial Bridge (House Technology and Infrastructure)
• SCR 20: US Air Force SSGT Ryan David Hammond Memorial Bridge (House Technology and Infrastructure)
• SCR 23: Jeffrey Alan Clovis Memorial Bridge (House Technology and Infrastructure)
• SCR 25: US Army PFC Andrew "Bo" Martin Harper Memorial Bridge (Pending House introduction)

Bills and Resolutions that have Completed Legislation as of Monday, February 18, 2019 (19 – 14 S; 5 H)

• SB 17: Relating to probation eligibility (Signed 02-11-19)
• SB 18: Relating to crimes committed on State Capitol Complex (Completed; Awaiting action by Governor)
• SB 27: Removing restrictions on where certain traditional lottery games may be played (Completed; Awaiting action by Governor)
• SB 119: Specifying documents not subject to discovery in certain proceedings (Signed 02-08-19)
• SB 177: Fire Commission rule relating to State Building Code (Signed 02-14-19)
• SB 240: Repealing certain legislative rules no longer authorized or are obsolete (Completed; Awaiting action by Governor)
• SB 255: Relating to Emergency Medical Services Advisory Committee (Signed 02-14-19)
• SB 267: Requiring State Board of Education adopt policy detailing level of computer science instruction (Completed; Awaiting action by Governor)
• SB 268: Updating meaning of federal taxable income in WV Corporation Net Income Tax Act (Completed; Awaiting action by Governor)
• SB 269: Updating terms used in WV Personal Income Tax Act (Completed; Awaiting action by Governor)
• SB 272: Updating code relating to Commission on Special Investigations (Vetoed 02-11-19)
• SB 323: Establishing revenue fund and source to support Department of Agriculture's improvement to facilities (Completed; Awaiting action by Governor)
• SB 324: Relating to Commissioner of Agriculture employees (Completed; Awaiting action by Governor)
• SB 354: Expiring funds to balance of Auditor's Office - Chief Inspector's Fund (Completed; Awaiting action by Governor)
• HB 2191: Relating generally to limited video lottery (Completed; Awaiting action by the Governor)
• HB 2307: Relating to creating a provisional license for practicing barbering and
  
  
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