State Senate

Tuesday, March 8, 2022 – 56th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SCR 56: Requesting Joint Committee on Government and Finance study effect of Kenney v. Liston
• SCR 57: Requesting WV Insurance Commission study options for coverage and cost of dental procedures that result from cancer related dental and oral health procedures

THIRD READING

• Eng. Com. Sub. for HB 2177: Permitting the issuance of a state issued identification card without a photo on the card under certain conditions - (Com. title amend. pending)
• Eng. Com. Sub. for HB 3223: Prohibit state, county, and municipal governments from dedicating or naming any public structure for a public official who is holding office at the time
• Eng. Com. Sub. for HB 4003: Relating generally to commercial benefit of substances removed from waters of the state by the treatment of mine drainage (original similar to SB 458)
• Eng. HB 4019: Relating to deadlines for public charter schools
• Eng. Com. Sub. for HB 4141: Authorizing the Governor’s Committee on Crime, Delinquency and Corrections to promulgate a legislative rule relating to Law Enforcement Training and Certification Standards - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4242: Authorizing the Division of Labor to promulgate a legislative rule relating to Child Labor
• Eng. Com. Sub. for HB 4418: Relating to the Small Business Supplier Certification Assistance Program
• Eng. Com. Sub. for HB 4420: To modify definitions of school bus operators.
• Eng. Com. Sub. for HB 4430: Relating to definitions of base salary and overtime for police and firemen pensions
• Eng. HB 4438: Applying current requirements for certain voting systems to be independent and non-networked to all voting systems that seek certification in West Virginia. - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4479: Establishing the Coalfield Communities Grant Facilitation Commission - (Com. amend. pending) - (With right to amend)
• Eng. Com. Sub. for HB 4499: Relating to making the procurement process more efficient by modifying and updating outdated processes and requirements - (Com. title amend. pending)
• Eng. HB 4535: Repeal section relating to school attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle - (Com. amends. and title amend. pending) - (With right to amend)
• Eng. Com. Sub. for HB 4562: Relating generally to the suspension and dismissal of school personnel by board and the appeals process - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4583: Clarifying the definition of incapacity so that incarceration in the penal system or detention outside of the United States may not be inferred as resulting in a lack of capacity to execute a power of attorney - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4596: Relating generally to additional persons qualifying for the provisions of the Law-Enforcement Officers Safety Act - (Com. title amend. pending)
• Eng. HB 4604: Relating to abolishing the Workforce Development Initiative Program Advisory Council - (Com. title amend. pending)
• Eng. HB 4647: Relating to the Board of Funeral Service Examiners
• Eng. Com. Sub. for HB 4675: Relating to autonomous delivery vehicles
• Eng. HB 4758: Relating to developing and maintaining a database to track reclamation liabilities in the West Virginia Department of Environmental Protection Special Reclamation Program
• Eng. HB 4769: Eliminate the requirement to send recommended decisions by certified mail
• Eng. Com. Sub. for HB 4785: Relating to judicial vacancies - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4797: To create an EV Infrastructure Deployment Plan for West Virginia that describes how our state intends to use its share of NEVI Formula Program funds

SECOND READING

• Eng. Com. Sub. for HB 2096: Reinstating the film investment tax credit - (Com. amend. pending)
• Eng. Com. Sub. for HB 4113: Public Health definitions and powers of secretary and commissioner - (Com. amend. pending)
• Eng. Com. Sub. for HB 4257: Require visitation immediately following a procedure in a health care facility - (Com. amend. and title amend. pending)
• Eng. HB 4396: Reducing federal adjusted gross income relating to tolls for travel on West Virginia toll roads paid electronically
• Eng. HB 4410: Specifying allocation, apportionment and treatment of income of flow-through entities
• Eng. Com. Sub. for HB 4451: Eliminating the requirement that otherwise qualified investment assets be located or installed at or within 2 miles of a preexisting manufacturing facility
• Eng. Com. Sub. for HB 4567: Relating to business and occupation or privilege tax - (Com. amend. pending)

FIRST READING

• Eng. HB 2631: Provide for WVDNR officers to be able to work “off duty” - (Com. title amend. pending)
• Eng. Com. Sub. for HB 4050: Defining terms related to livestock trespassing - (Com. amend. pending)
• Eng. HB 4296: To revise outdated provisions within Chapter 23 of the West Virginia Code, which pertains to workers’ compensation
• Eng. Com. Sub. for HB 4311: Creating criminal penalties for illegal voting activity - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 4329: To clarify the definition of an “interested person” for purposes of the West Virginia Small Estate Act
• Eng. HB 4331: West Virginia’s Urban Mass Transportation Authority Act - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 4441: Creating a Class M air rifle stamp - (Com. amend. pending)
• Eng. Com. Sub. for HB 4466: Relating to School Building Authority’s review of school bond applications - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 4510: To provide that third grade students be competent in reading and math before moving on to fourth grade - (Com. amends. pending)
• Eng. Com. Sub. for HB 4540: To update all retirement plans to comport with federal law
• Eng. Com. Sub. for HB 4570: To allow veterinary telehealth in West Virginia with out of state providers
• Eng. Com. Sub. for HB 4644: Prohibiting the restriction, regulation, use or administration of lawn care and pest care products
• Eng. Com. Sub. for HB 4712: Require the prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court and magistrate court - (Com. amend. and title amend. pending)
• Eng. HB 4778: Permit banks to transact business with any one or more fiduciaries on multiple fiduciary accounts
• Eng. Com. Sub. for HB 4779: Permit banks the discretion to choose whether to receive deposits from other banks, savings banks, or savings and loan associations when arranging for the re-deposits of county, municipal, and state funds - (Com. title amend. pending)
• Eng. HB 4842: Relating to obscene matter to minors - (Com. amend. and title amend. pending)

Scheduled Committee Meetings

9 a.m.: Judiciary (208W)

• HB 4560: Relating generally to motor vehicle dealers, distributors, wholesalers and manufacturers
• Originating Resolution 3: Relating to studying the common law cause of action for public nuisance
• HB 4629: Relating to procedures for certain actions against the state
• HB 4511: To make numerous amendments to modernize and increase efficiencies in the administration of the West Virginia Unclaimed Property Act
• HB 4668: Relating to air bag fraud
• HB 4373: To exclude fentanyl test strips from the definition of drug paraphernalia

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

• HB 2733: Relating to the establishment of a Combat Action Badge and Combat Action Ribbon special registration plates
• HB 4563: Provide for a license plate for auto mechanics
• Originating Resolution 1: Respectfully urging the executive branches of the United States Government and the State of West Virginia to provide adequate staffing levels for all governmental agencies and departments involved in permitting road, bridge, water, wastewater, broadband, and other infrastructure projects
• HCR 5: James “Big Jim” Shaffer Memorial Bridge
• HCR 39: PFC Donald L. Stuckey Memorial Bridge
• HCR 56: Roy Lee Shamblin Memorial Bridge
• HCR 89: Hajash Brothers Memorial Bridge
• HCR 90: U.S. Army PVT Robert (Bob) Mullins Sr. Memorial Bridge
• HCR 95: Clemmer Brothers WWII Veterans Memorial Bridge
• HCR 96: U. S. Air Force Captain Perry Thomas Rose Memorial Road

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

• HB 2798: Relating to requiring the Health Department to mandate mucopolysaccharidosis type 1 (MPS1) test for newborn babies, to be known as Embie’s Law
• HB 4012: Prohibiting the showing of proof of a COVID-19 vaccination
• HB 4059: Clarifying that new Department of Health and Human Resources' Deputy Commissioners are exempt from civil service
• HB 4112: Provide consumers a choice for pharmacy services
• HB 4340: Relating to maximizing the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education
• HB 4351: Relating to the implementation of an acuity-based patient classification system
• HB 4393: To increase the managed care tax if the managed care organization receives a rate increase
• HB 4662: Relating to licensure of Head Start facilities in this state
• HB 4743: Relating to security and surveillance requirements of medical cannabis organization facilities

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

• Eng. Com. Sub. for HB 2598: Modifying the inspection requirements and the definition of an above ground storage tank

2 p.m.: Education (451M)

• HB 4021: Relating to the Medical Student Loan Program
• HB 4355: Relating to the disclosure by state institutions of higher education of certain information regarding textbooks and digital courseware and certain charges assessed for those items
• HB 4565: To exempt temporary employees and employees of the Higher Education Policy Commission from automatic enrollment into the states 457 (b) plan
• HB 4105: Relating to service employees with National Association for Pupil Transportation Certifications
• HB 4110: Relating to staffing levels at multi-county vocational centers
• HB 4389: Relating to repealing school innovation zones provisions superseded by Innovation in Education Act
• HB 4829: Modifying definitions of certain school cafeteria personnel

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

• HB 4559: Providing for legislative rulemaking relating to the disposition of unidentified and unclaimed remains in the possession of the Chief Medical Examiner
• HB 4288: Relating to expanding the practice of auricular acudetox to professions approved by the acupuncturist board
• HB 4608: To require the State Fire Commission to propose minimum standards for persons to be certified as probationary status volunteer firefighters
• HB 4492: Creating the Division of Multimodal Transportation
• HB 4087: Allowing variance in state fire code for certain buildings used solely for emergency equipment storage
• HB 4285: Relating to real estate appraiser licensing board requirements
• HB 4634: Relating to occupational licensing or other authorization to practice
• HB 3036: Sunsetting the Board of Sanitarians

3 p.m.: Finance (451M)

• HB 3082: Stabilizing funding sources for the DEP Division of Air Quality
• Com. Sub. for HB 4336: Providing for the valuation of natural resources property
• Com. Sub. for HB 2838: Authorize the ordering of restitution to the state for reimbursement of costs incurred for misuse of public funds, and to create State Auditor's Public Integrity and Fraud Fund for use of said funds.
• Com. Sub. for HB 4025: Providing exemption to severance tax for severing rare earth elements and other critical minerals
• Com. Sub. for HB 4408: Relating to contracts for construction of recreational facilities in state parks and forests
• Com. Sub. for HB 4497: Extending the regional jail per diem through July 1, 2023

3 p.m.: Judiciary (208W)

• Agenda TBA

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

Resolutions to be Introduced Tuesday, March 8, 2022

• SR 51: Designating month of February as National Cancer Prevention Month at Legislature (Takubo, Stollings)

Committee Action on Bills from Monday, March 7, 2022

9 a.m.: Judiciary

• HB 4329: To clarify the definition of an “interested person” for purposes of the West Virginia Small Estate Act
• Bill reported to full Senate with recommendation it do pass

• HB 4787: Creating the Highly Automated Motor Vehicle Act
• Bill, as amended, reported to full Senate with recommendation it do pass

• HB 4826: Relating to e-sports
• Bill, as amended, reported to full Senate with recommendation it do pass

• HB 4419: Allowing candidate committees and campaign committees to make contributions to affiliated state party executive committees
• Bill, as amended, reported to full Senate with recommendation it do pass

• HB 4848: Relating to nonintoxicating beer, wine and liquor licenses
• Bill, as amended, reported to full Senate with recommendation it do pass

• HB 4636: Clarifying when business and occupation taxes owed to a city or municipality are considered to be remitted on time
• Bill, as amended, reported to full Senate with recommendation it do pass

10 a.m.: Pensions

• Eng. Com. Sub for HB 4540: To update all retirement plans to comport with federal law
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

• Eng. Com. Sub for HB 4613: Relating to increasing the multiplier for use in determining accrued benefit in the West Virginia Municipal Police Officers and Firefighters Retirement System
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

• Eng. Com. Sub for HB 4756: Relating to authorizing municipalities to create pension funding programs to reduce the unfunded liability of certain pension and relief funds
• Bill, as amended, reported to full Senate with recommendation it do pass

1 p.m.: Education

• HB 4466: Relating to School Building Authority’s review of school bond applications
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4467: Requiring early childhood classroom assistant teacher in certain grade levels and enrollment levels in said grade levels
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4510: To provide that third-grade students be competent in reading and math before moving on to fourth grade
• Bill, as amended, reported to full Senate with recommendation it do pass

• HB 4571: Modifying foundation allowance to account for transportation by electric powered buses
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4580: To authorize retired bus operators to work in areas of critical need
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4845: Establishing the Katherine Johnson Academy
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4071: Mask and quarantine option for parents and faculty
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Judiciary

1 p.m.: Government Organization

• HB 4463: To increase the compensation members of the State Athletic Commission may receive for their attendance and participation in the commission’s public meetings
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

• HB 4064: Allowing antique car license plates for cars over 10,000lbs
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

• HB 2910: To modify the allowable number of magistrate judges per county
• Bill, as amended, reported to full Senate with recommendation it do pass; second reference to Judiciary

• HB 4320: Relating to natural immunity or antibodies to any illness to be treated as equal or better to vaccine induced immunity
• Motion to report the bill to the full Senate failed; bill not reproted

3 p.m.: Finance

• SB 731: Making supplementary appropriation to Department of Tourism, Tourism Workforce Development Fund
• Bill reported to full Senate with recommendation it do pass

• SB 732: Making supplementary appropriation to Hospital Finance Authority, Hospital Finance Authority Fund
• Bill reported to full Senate with recommendation it do pass

• SB 733: Supplementing and amending appropriation to Executive, Governor's Office
• Bill reported to full Senate with recommendation it do pass

• Com. Sub. for HB 4488: Relating to coal mining and changing fees for permitting actions
• Bill reported to full Senate with recommendation it do pass

• Com. Sub. for HB 3231: Public Utilities not required to pay interest on security deposits
• Bill reported to full Senate with recommendation it do pass

• HB 4566: Creating the Economic Enhancement Grant Fund
• Bill reported to full Senate with recommendation it do pass

• HB 4568: To allow phased rehabilitations of certified historic structures
• Bill reported to full Senate with recommendation it do pass

• Com. Sub. for HB 4252: To reduce copay cap on insulin and devices
• Committee moved to table the bill

• HB 4496: Allowing interest and earnings on federal COVID-19 relief moneys to be retained in the funds or accounts where those moneys are invested
• Bill reported to full Senate with recommendation it do pass

• Com. Sub. for HB 4008: Relating to Higher Education Policy Commission funding formula
• Bill, as amended, reported to full Senate with recommendation it do pass

• Com. Sub. for HB 4020: Relating to reorganizing the Department of Health and Human Resources
• Bill, as amended, reported to full Senate with recommendation it do pass

Resolutions Adopted by the Senate as of Monday, March 7, 2022 (54 – 33 Senate; 21 House)

• SCR 1: US Army PFC Billy Keith Ford Memorial Bridge (Adopted, 03-03)
• SCR 3: USMC CAPT Dempsey Stowers Memorial Bridge (Adopted, 03-03)
• SCR 4: US Army SP4 Warner Ray Osborne Memorial Bridge (House Rules)
• SCR 5: US Marine Corps CPL James "Bud" Cox Memorial Bridge (Adopted, 03-03)
• SCR 6: Holden 22 Coal Miners Memorial Bridge (Adopted, 02-28)

• SCR 9: Haynie Family Veterans Memorial Bridge (Adopted, 03-03)
• SCR 10: US Air Force TSGT Franklin A. Bradford Bridge (House Rules)
• SCR 11: Dennis E. Davis Veterans Nursing Home (Adopted, 03-04)
• SCR 13: US Army PFC Joseph Stanley McKinney Memorial Bridge (Adopted, 03-04)
• SCR 14: US Army SSGT Elson M Kuhn Memorial Bridge (Pending House introduction)
• SCR 15: US Army PVT Shirley E. Bailey Memorial Bridge (Adopted, 02-28)

• SCR 17: US Air Force SSGT Logan A. Young Memorial Bridge (Adopted, 02-28)
• SCR 19: US Army PVT Thomas D. Beckett, Sr., Memorial Bridge (Pending House introduction)
• SCR 21: Putnam County Veterans Memorial Bridge (Adopted, 02-28)
• SCR 22: US Army PFC Clifford O. Eckard Memorial Bridge (Pending House introduction)
• SCR 23: USMC CPL Guy Maywood Edwards Memorial Bridge (Adopted, 03-04)
• SCR 26: US Army TEC5 William "Bill" Thurman King Memorial Bridge (Pending House introduction)
• SCR 27: US Army TSGT Harold William Schmidle Memorial Bridge (Adopted, 02-28)
• SCR 28: US Army PVT Garland Lee Loudermilk Memorial Bridge (Adopted, 03-03)
• SCR 29: Nitro WW I Memorial Bridge (House Rules)
• SCR 34: USMC SGTMAJ Herman H. Brawner Memorial Bridge (Adopted, 02-28)
• SCR 36: USMC CPL Harry Edward Dean, Jr., Memorial Bridge (Pending House introduction)
• SCR 37: Harrison County Veterans Memorial Bridge (House Rules)
• SCR 38: Cox Brothers' Veteran Memorial Bridge (House Rules)
• SCR 44: Clarifying 1972 Equal Rights Amendment (House Rules)
• SCR 45: US Army CPL John D. Doyle, Sr. Memorial Road (House Rules)
• SCR 46: Supporting North Central WV aviation and aerospace industries (Adopted, 02-28)
• SCR 48: US Army PFC Ronald Lee Berry Memorial Bridge (Pending House introduction)
• SCR 49: Establishing Honor Guard in each National Guard unit (Pending House introduction)
• SCR 52: Requesting study on establishing accredited school of veterinary medicine in WV (House Rules)
• SCR 53: Requesting Office of Miners' Health, Safety, and Training study need for health, safety, and training division in energy producing facilities (House Energy and Manufacturing)
• SCR 54: Requesting study of tolling statute of limitations on civil actions for Consumer Credit and Protection Act (House Judiciary)
• SCR 55: Respectfully urging current presidential administration to open federal lease sales onshore and offshore (Pending House introduction)
• HJR 102: Clarifying that the policy-making and rule-making authority of the State Board of Education is subject to legislative review, approval, amendment, or rejection (Adopted, 03-03)
• HCR 15: Thomas Brothers Memorial Bridge (Adopted, 03-03)
• HCR 16: World War II Veterans Toothman Brothers Memorial Bridge (Adopted, 03-03)
• HCR 23: Requesting the Division of Highways to place at least 10 additional signs along highways entering West Virginia honoring fallen veterans and Gold Star Families (Adopted, 03-03)
• HCR 27: Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor (Adopted, 01-27)
• HCR 28: Cpt. Billy Jake Smith Memorial Bridge (Adopted, 02-24)
• HCR 30: U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge (Adopted, 02-25)
• HCR 34: U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge (Adopted, 03-03)
• HCR 37: U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge (Adopted, 03-03)
• HCR 40: USMC Cpl Guy Maywood Edwards Memorial Bridge (Adopted, 03-03)
• HCR 45: U.S. Army SP4 Dennis Harvey Roberts Memorial Bridge (Adopted, 03-03)
• HCR 46: U.S. Navy Seaman Donald Homer Wheeler Memorial Bridge (Adopted, 03-03)
• HCR 47: U.S. Army CPL Billy Earl Duty Memorial Bridge (Adopted, 03-03)
• HCR 59: Warrant Officer James G. Bosley Memorial Bridge (Adopted, 02-25)

• HCR 63: U.S. Army MSGT Donald Lewis Coen Memorial Bridge (Adopted, 03-03)
• HCR 65: U.S. Army Major Jesse A. Jennings Memorial Bridge (Adopted, 03-03)
• HCR 72: U.S. Army SP5 Dana V. Perkins Memorial Bridge (Adopted, 03-03)
• HCR 73: Halstead Brothers WWII Veterans Memorial Bridge (Adopted, 03-03)
• HCR 76: U. S. Navy BM1 Farris Burton Memorial Bridge (Adopted, 03-03)

• HCR 79: A resolution to designate February 21st as the official start day to National FFA Week in West Virginia (Adopted, 02-22)

• HCR 81: U.S. Army Chief Warrant Officer Milford Arnold Cunningham Memorial Bridge (Adopted, 03-03)

Bills that Have Passed the Senate as of Monday, March 7, 2022 (275 – 231 Senate; 44 House)

Bills and Resolutions that Have Completed Legislation as of Monday, March 7, 2022 (74 – 40 Senate; 34 House)