State Senate

Wednesday, March 31, 2021 – 50th Day of Session

The Senate will convene at 10 a.m.

UNFINISHED BUSINESS

• SCR 56: Requesting study on costs of inmate incarceration paid by municipalities
• SR 32: Congratulating George Washington High School Patriots boys' soccer team

THIRD READING

• Eng. Com. Sub. for SB 231: Relating generally to medical cannabis
• Eng. Com. Sub. for SB 302: Prohibiting gender-based price discrimination
• Eng. Com. Sub. for Com. Sub. for SB 335: Relating to WV Invests Grant Program for students at accredited community and technical college
• Eng. SB 424: Creating fixed income credit for low-income senior citizens
• Eng. Com. Sub. for Com. Sub. for SB 464: Requiring composting of organic materials and commercial composting products comply with WV Fertilizer Law
• Eng. Com. Sub. for SB 485: Relating to use or presentation of firearm during commission of felony
• Eng. Com. Sub. for Com. Sub. for SB 542: Relating generally to public electric utilities and facilities fuel supply for existing coal-fired plants
• Eng. Com. Sub. for SB550: Providing counties with authority to impose county sales and use tax of up to one percent under certain circumstances
• Eng. Com. Sub. for SB 613: Adding classification and base salaries of certain civilian employees of State Police Forensic Laboratory
• Eng. Com. Sub. for SB 622: Increasing compensation for elected county officials
• Com. Sub. for SB 635: Requiring State Fire Commission propose rules for sprinkler protection in basements of certain buildings - (With right to amend)
• Eng. Com. Sub. for SB 642: Requiring legal advertisements by State Auditor be posted to central website
• Eng. SB 661: Permitting retailers to assume sales or use tax assessed on tangible personal property - (Com. title amend. pending)
• Eng. Com. Sub. for SB 663: Providing fee for processing of criminal bonds
• Eng. Com. Sub. for SB 677: Relating generally to miners' safety, health, and training standards
• Com. Sub. for SB 695: Providing procedures for decreasing or increasing corporate limits by annexation - (With right to amend)
• Eng. Com. Sub. for SB 702: Relating to involuntary hospitalization, competency, and criminal responsibility of persons charged or convicted of certain crimes
• Eng. Com. Sub. for SB 711: Relating to school aid formula and minimum student enrollment
• Eng. SB 717: Supplemental appropriation from General Revenue to WV Community and Technical College Education, Control Account
• Eng. SB 718: Relating generally to Coal Severance Tax Rebate
• Com. Sub. for Com. Sub. for SJR 1: Protection of the Right to Bear Arms Amendment - (With right to amend)
• Com. Sub. for SJR 7: Motor Vehicle and Other Personal Property Tax Reduction Amendment - (With right to amend)
• Eng. Com. Sub. for SJR 9: Disabled Veterans' Exemption from Ad Valorem Property Taxation Amendment
• Eng. Com. Sub. for SJR 10: Limiting the Terms of Members of the House of Delegates and Senate Amendment
• Eng. Com. Sub. for HB 2003: Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency - (Com. amend. pending) - (With right to amend)
• Eng. Com. Sub. for HB 2267: Establishing an optional bus operator in residence program for school districts
• Eng. Com. Sub. for HB 2495: Relating to the filing of asbestos and silica claims (original similar to SB 512)
• Eng. Com. Sub. for HB 2499: Tax reduction for arms and ammo manufacturing
• Eng. HB 2808: Remove salt from list and definition of “mineral” for severance tax purposes (original similar to SB 637)
• Eng. HB 2852: Relating to distribution of the allowance for increased enrollment - (Com. title amend. pending)
• Eng. HB 3010: To extend the special valuation method for cellular towers to towers owned by persons not subject to regulation by the Board of Public Works

SECOND READING

• Eng. Com. Sub. for HB 2014: Relating to role of the Legislature in appropriating federal funds - (Com. amends. and title amend. pending)

FIRST READING

• Eng. HB 2253: Relating to forgery and other crimes concerning lottery tickets - (Com. amend. pending)
• Eng. HB 2888: Relating to when contentions can be revived based on forensic scientific evidence that was not available at time of conviction
• Eng. HB 3081: Updating the West Virginia Business Corporations Act

Scheduled Committee Meetings

2 p.m.: Agriculture and Natural Resources (208W)

• Eng. Com. Sub. for HB 2823: Exempting buildings or structures utilized exclusively for agricultural purposes from the provisions of the State Building Code

2 p.m.: Pensions (451M)

• HB 2829: Providing for the amortization of annual funding deficiencies for municipal police or firefighter pension and relief funds
• HB 3191: Requiring employers to send certain notifications when retirants are hired as temporary, part-time employees

3 p.m.: Finance (451M)

• SB 125: Budget Bill

3 p.m.: Judiciary (208W)

• HB 2379: Make criminal invasion of privacy a felony
• HB 2770: Including home confinement officers in definition of law-enforcement officers
• HB 3130: Relating to elimination of sunset provisions concerning towing rates
• HB 3175: Relating to removing certain felonies than can prohibit vehicle salespersons from receiving a license

** Committee times and agendas are subject to change **

Resolutions to be Introduced on Wednesday, March 31, 2021

• SR 33: Recognizing senior center personnel for their dedication throughout COVID-19 pandemic (Sypolt)
• SR 34: Recognizing Coalfield Health Center's contributions to rural health care (Plymale, Woelfel, Stollings, Phillips)
• SR 35: Recognizing clean energy's importance to WV's energy future (Nelson, Caputo, Hamilton, Jeffries, Phillips, Plymale, Roberts, Romano, Smith, Stollings, Stover, Swope, Sypolt)

Committee Action on Bills from Tuesday, March 30, 2021

9 a.m.: Transportation and Infrastructure

• Naming Resolutions
• Committee reported SCR 30: William Gregory "Greg" White, PE, Memorial Bridge; SCR 42: Firefighter Marvin Layton Hughes Memorial Bridge; SCR 46: Stanley W. and Evelyn C. See Memorial Bridge; HCR 13: TEC 5 U. S. Army Donald “Tiny” Lucas Memorial Bridge; Com. Sub. for SCR 43: US Army PVT Joseph Stanley McKinney Memorial Bridge; Com. Sub. for SCR 50: USMC SGT MAJ Herman H. Brawner and Fayma Brawner Memorial Bridge, to the full Senate the recommendation that they all be adopted

• Com. Sub. for HB 2765: Allowing for the lease of air space above public roads for the safe operation of unmanned aircraft
• Engrossed committee substitute, as amended, to the full Senate with the recommendation it do pass

1 p.m.: Health and Human Resources

• HCR 15: Rare Disease Day
• Resolution reported to the full Senate with the recommendation it be adopted

• HCR 35: Requesting DHHR to continuously evaluate the child welfare system
• Resolution, as amended, reported to the full Senate with the recommendation it be adopted

• HB 2028: Exempting veterinarians from the requirements of controlled substance monitoring
• Bill reported to the full Senate with the recommendation it do pass

• HB 2877: Expand direct health care agreements beyond primary care to include more medical care services
• Bill reported to the full Senate with the recommendation it do pass

• HB 3045: Relating to firefighter disability claims
• Bill reported to the full Senate with the recommendation it do pass

2 p.m.: Education

• HB 2791: Relating to enrollment and costs of homeschooled or private school students at vocational schools
• Bill reported to the full Senate with the recommendation it do pass

• HB 2906: Relating to the School Building Authority's allocation of money
• Bill reported to the full Senate with the recommendation it do pass

• HB 2529: Prohibiting West Virginia institutions of higher education from discriminating against graduates of private, nonpublic or home schools by requiring them to submit to alternative testing
• Bill reported, as amnded, to the full Senate with the recommendation it do pass

• HB 2785: Relating to public school enrollment for students from out of state
• Engrossed committee substitute, as amended, to the full Senate with the recommendation it do pass

2 p.m.: Government Organization

• HB 2969: To clarify the procedures for the sale and operation of a municipally owned toll bridge by a private toll transportation facility

• HB 2694: Create the 2nd Amendment Preservation Act
• Bill reported to the full Senate with the recommendation it do pass

• HB 2366: Requiring agencies who have approved a proposed rule that affects fees or other special revenues to provide to the committee a fiscal note
• Bill reported to the full Senate with the recommendation it do pass

• HB 2957: Relating to the repeal of outdated code sections
• Bill reported to the full Senate with the recommendation it do pass

• HB 2958: Relating to repealing outdated sections of state code
• Bill reported to the full Senate with the recommendation it do pass

• Originating SCR 1: Study resolution on legal notices
• Originating resolution reported to the full Senate with the recommendation it be adopted; second reference to Committee on Rules

• HB 2916: Creating the Semiquincentennial Commission for the celebration of the 250th anniversary of the founding of the United States of America
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2002: Relating to Broadband
• Committee laid the bill over to a future meeting

• HB 2763: Creating WV Cyber Incident Reporting
• Bill, as amended, reported to the full Senate with the recommendation it do pass

3 p.m.: Finance

• Com. Sub. for Eng. HB 3300: Relating to reducing personal income tax rates generally
• Bill, as amended, reported to the full Senate with the recommendation it do pass

3 p.m.: Judiciary

• HB 2427: Authorizing the Department of Health and Human Resources to promulgate legislative rules – Includes: 64 CSR 11, DHHR rule relating to behavioral health centers licensure; 64 CSR 12, DHHR rule relating to hospital licensure; 64 CSR 13, DHHR rule relating to nursing home licensure; 64 CSR 45, DHHR rule relating to lead abatement licensing; 64 CSR 48, DHHR rule relating to emergency medical services; 64 CSR 59, DHHR rule relating to client rights at state-operated mental health facilities; 64 CSR 60, DHHR rule relating to delegation of medication administration and health maintenance tasks to approved medication assistive personnel; 64 CSR 115, DHHR rule relating to diabetes self-management education; 69 CSR 10, DHHR rule relating to WV clearance for access, registry, and employment screening; 69 CSR 15, DHHR rule relating to recovery residence certification and accreditation program; 78 CSR02, DHHR rule relating to child placing agencies licensure; 78 CSR 03, DHHR rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults and vulnerable and transitioning youth group homes and programs in WV; 78 CSR 27, DHHR rule relating to procedure to contest substantiation of child abuse or neglect; 65 CSR 29, Health Care Authority rule relating to exemption from certificate of need
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• Subcommittee on HB 3175: Relating to removing certain felonies than can prohibit vehicle salespersons from receiving a license

Amendment to bill adopted; subcommittee report to be submitted to full Committee

Bills that Have Passed the Senate as of Tuesday, March 30, 2021 (168 Senate; 44 House)

Resolutions Adopted by the Senate as of Tuesday, March 30, 2021 (15 Senate, 1 House)

• SJR 4: Incorporation of Churches or Religious Denominations Amendment (House Judiciary)
• SJR 11: Constitutional Officer Term Limit Amendment (House Judiciary)
• SCR 4: Recognizing June 19 as Juneteenth Day (Adopted, 03-15)
• SCR 5: Urging Congress call Article V convention to impose fiscal restraints on federal government (House Judiciary)
• SCR 6: US Navy Seaman 2nd Class Wilbur 'Webb' Hahn and John W. Hahn Memorial Bridge (Adopted, 03-29)
• SCR 8: Fire Chief Kenneth Junior Russell Memorial Bridge (Adopted, 03-29)
• SCR 9: Haynie Family Veterans Memorial Bridge (House Rules)
• SCR 13: Urging Adjutant General to establish Honor Guard in each unit to perform military funeral honors (House Veterans Affairs and Homeland Security)
• SCR 14: Creating WV Women's Suffrage Memorial (Adopted, 03-29)
• SCR 15: Extending certain leases between US Army Corps of Engineers and Nicholas County Airport Authority (Adopted, 03-16)
• SCR 16: USMC Corporal Roger Lee Boothe Memorial Road (House Technology and Infrastructure)
• SCR 20: Supporting and celebrating centennial anniversary of Jones Act (H Unfinished Business, Inactive Calendar, 03-31)
• SCR 23: USMC CPL Guy Maywood Edwards Memorial Bridge (House Technology and Infrastructure)
• SCR 53: Encouraging certain facilities improve palliative care programs (House Health and Human Resources)
• SCR 54: Urging Congress and President to protect Second Amendment of US Constitution (House Judiciary)

HCR 9: Urging Congress to call a convention of states to limit terms of office of the US House of Representatives (Adopted, 03-22)

House Bills and Resolutions Pending in the Senate as of Tuesday, March 30, 2021 (169 bills; 29 Resolutions)

Bills and Resolutions that Have Completed Legislation as of Tuesday, March 30, 2021 (74 – 34 Senate; 40 House)

Bills Signed by the Governor as of Tuesday, March 30, 2021 (36 – 20 Senate; 16 House)

• SB 5: Relating to claims arising out of WV Consumer Credit and Protection Act (Signed, 03-29)
• SB 12: Relating to local health department accountability (Signed, 03-16)
• SB 14: Providing for additional options for alternative certification for teachers (Signed, 03-10)
• SB 42: Creating Zombie Property Remediation Act of 2021 (Signed, 03-29)
• SB 126: Authorizing Department of Administration to promulgate legislative rules (Signed, 03-19)
• SB 216: Authorizing Department of Commerce to promulgate legislative rules (Signed, 03-16)
• SB 270: Providing for collection of tax by hotel marketplace facilitators (Signed, 03-18)
• SB 272: Relating to WV Employment Law Worker Classification Act (Signed, 03-19)
• SB 277: Creating COVID-19 Jobs Protection Act (Signed, 03-19)
• SB 280: Relating to e-commerce modernization (Signed, 03-18)
• SB 295: Relating generally to economic development loans and loan insurance issued by state (Signed, 03-27)
• SB 296: Relating generally to repealing certain rules (Signed, 03-19)
• SB 338: Creating Fire Service Equipment and Training Fund (Signed, 03-19)
• SB 345: Expanding alcohol test and lock program to include offenders with drug-related offense (Signed, 03-16)
• SB 358: Removing prohibition on ATMs located in area where racetrack video lottery machines are located (Signed, 03-16)
• SB 372: Providing greater discretion to WV Board of Medicine to approve graduate clinical training (Signed, 03-19)
• SB 404: Modifying well work permits issued by DEP Office of Oil and Gas (Signed, 03-27)
• SB 459: Relating to return of member's paid contributions to heirs after member's death under certain circumstances (Signed, 03-16)
• SB 469: Permitting and establishing requirements for appearance by video for purpose of notarial acts (Signed, 03-30)
• SB 523: Correcting improper code references (Signed, 03-29)
• HB 2001: Relating generally to creating the West Virginia Jumpstart Savings Program (Signed, 03-19)
• HB 2006: Relating to the West Virginia Contractor Licensing Act (Signed, 03-27)
• HB 2008: Amending requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers (Signed, 03-27)
• HB 2009: Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities (Signed, 03-30)
• HB 2011: Eliminating any time requirements for part time personnel to work during a working year (Signed, 03-24)
• HB 2012: Relating to public charter schools (Signed, 03-12)
• HB 2013: Relating to the Hope Scholarship Program (Signed, 03-27)
• HB 2019: Elevating Economic Development and Tourism Departments (Signed, 03-08)
• HB 2262: Relating to the controlled substance monitoring database (Signed, 03-10)
• HB 2358: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-24)
• HB 2359: Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act (Signed, 02-24)
• HB 2372: Allow pre-candidacy papers to be filed the day after the general election (Signed, 03-30)
• HB 2616: Amend the reporting to the Governor and the Legislature to have information continuously available on the Office of Health Facility Licensure and Certification’s website (Signed, 03-30)
• HB 2682: Relating to the issuance of license suspensions to insurance producers and insurance adjusters who have failed to meet continuing education requirements (Signed, 03-30)
• HB 2709: Providing that the aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond (Signed, 03-30)
• HB 2764: Allow the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program (Signed, 03-30)

Bills that Became Law Without Governor’s Signature as of Tuesday, March 30, 2021 (1)

• SB 11: Declaring work stoppage or strike by public employees to be unlawful (Became Law Without Signature, 03-16)

Bills that Have Been Vetoed by the Governor as of Tuesday, March 30, 2021 (1)

• SB 89: Exempting certain kindergarten and preschool programs offered by private schools from registration requirements (Vetoed, 03-26)

Committee times and agendas are subject to change. Follow @WVSenClerk on Twitter for updates.

All Senate Committee meetings and floor sessions are available for both live streaming and to watch again in our archives. The link to the Senate’s archived video page can be found here:http://sg001-harmony.sliq.net/00289/Harmony/en/View/UpcomingEvents.