State Senate

Tuesday, February 14, 2023 – 35th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SR 30: Recognizing February 14, 2023, as National Donor Day at Legislature
• SR 31: Designating February 14, 2023, as Child Care Day at Legislature

THIRD READING

• Eng. Com. Sub. for SB 31: Relating to permissible expenditures by Water Development Authority from Infrastructure Fund
• Eng. SB 99: Relating to meetings among county boards of education
• Eng. Com. Sub. for Com. Sub. for SB 274: Third Grade Success Act - (With right to amend)
• Eng. Com. Sub. for SB 409: Authorizing Department of Commerce to promulgate legislative rules
• Eng. Com. Sub. for SB 472: Creating criminal offense of indecent exposure in front of minors - (With right to amend)
• Eng. Com. Sub. for SB 478: Relating to Jumpstart Savings Program
• Eng. SB 481: Extending sunset provision of Upper Kanawha Valley Resiliency and Revitalization Program
• Eng. Com. Sub. for SB 527: Allowing family members of military personnel access to discharge records
• Eng. HB 2310: Provide the Division of Motor Vehicles authority to develop an “Antique Fleet” program so that multiple antique motor vehicles may utilize a single registration plate - (With right to amend)
• Eng. Com. Sub. for HB 3061: Relating to updating the authority of the Foster Care Ombudsman - (With right to amend)

SECOND READING

• SB 441: Removing additional one and one-half percent interest rate for tax underpayments
• SB 452: Relating to Emergency Medical Services Retirement System
• Com. Sub. for SB 453: Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor
• SB 458: Setting rate of interest on delinquent retirement contribution submissions
• Com. Sub. for SB 467: Providing county commissioners ongoing mechanism to consider compensation increases for elected officials every two years
• SB 474: Requiring municipal pensions oversight board to propose legislative rules
• Eng. Com. Sub. for HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash
• Eng. HB 2882: Making a supplemental appropriation to the Department of Economic Development
• Eng. Com. Sub. for HB 3055: To create a vocational math class for students interested in careers in the trades

FIRST READING

There are no bills on First Reading for Tuesday, February 14, 2023.

Scheduled Committee Meetings

9 a.m.: Government Organization (208W)

• Com. Sub. for SB 293: Increasing fees charged by sheriff
• Com. Sub. for SB 571: Regulating fantasy gaming competitions and sports wagering through independent evaluations
• SB 580: Authorizing election for special levy renewal
• Com. Sub. for SB 181: Creating Closed Captioning Act
• SB 593: Mandating cost of living salary adjustment policy for state employees
• Com. Sub. for SB 303: Relating to Violent Crime Prevention Act

9 a.m.: Education (451M)

• SB 61: Providing personal property tax credit to graduates of certain higher education institutions or trade schools
• SB 578: Hunger-Free Campus Act
• HB 2596: To modify when a nonresident student’s transfer may be denied

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

• SB 609: Obtaining approval for decommissioning or deconstructing of existing power plant.
• Originating Senate Resolution 1: Urging Senator Manchin to promote new construction of coal-fired electric generation facilities and development of efficient clean coal technology and carbon sequestration projects in West Virginia

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

• SB 526: Including early detection and diagnosis of Alzheimer's and other dementias in public health programs and services
• SB 605: Requiring state medical examiner to enter into contracts with procurement organization
• HB 3164: To extend the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties
• HB 2845: Relating to removing expired provisions from the code
• SB 598: Increasing availability of prescription nonopioid medications
• SB 521: Improving patient safety in medical cannabis program
• SB 476: Increasing number of managed care organizations in Mountain Health Trust

2 p.m.: Judiciary Subcommittee C – Civil Justice and Courts (215M, Senate Clerk’s Conference Room)

• SB 560: Limiting recovery on claims for abuse to secure financial solvency of public and private school system

2 p.m.: Finance Subcommittee A – DHHR (208W)

• Presentation: Recommendation for Department of Health Facilities Budget Structure

2 p.m.: Finance Subcommittee B – PEIA (451M)

• Com. Sub. for SB 268: Relating to PEIA

2 p.m.: Finance Subcommittee C – Higher Education/Economic Development (219M)

• SB 523: Clarifying purpose and use of Economic Development Project Fund

3 p.m.: Judiciary (208W)

• Com. Sub. for SB 568: Relating to Dangerousness Assessment Advisory Board
• Com. Sub. for SB 191: Relating to liability for payment of court costs as condition of pretrial diversion agreement
• SB 559: Relating to spousal privilege

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

Senate Bills to be Introduced Tuesday, February 14, 2023

• SB 614: Extending jurisdiction of School Safety Unit (Tarr; Judiciary)
• SB 615: Prohibiting mandates for vaccines (Taylor; Health and Human Resources)
• SB 616: WV Veterans' Home Loan Mortgage Program of 2023 (FN) (Weld; Military then Finance)
• SB 617: Requiring Commissioner of Bureau for Medical Services produce report regarding home and community-based providers (Barrett; Health and Human Resources)
• SB 618: Providing that fairness in cost sharing calculation does not apply to voluntary Cost Share Assistance Program (Maroney; Health and Human Resources)
• SB 619: Allowing teachers in public schools to teach intelligent design (Grady; Education)
• SB 620: Increasing maximum number of registered voters per precinct and distance between polling places (Trump; Judiciary)
• SB 621: Requiring sheriff to serve child abuse and neglect petitions without additional compensation (Takubo; Judiciary)
• SB 622: Including state correctional officers in DNR Police Officer Retirement System (Nelson; Pensions then Finance)
• SB 623: Authorizing firefighters employed by WV National Guard to be members of Emergency Medical Services Retirement System (Barrett; Pensions then Finance)
• SB 624: Clarifying offense of vehicular homicide (Rucker; Judiciary)
• SB 625: Requiring certain transcripts to be accepted as record of student's performance for placement in microschool programs (Rucker; School Choice)
• SB 626: Increasing penalties for operating house of prostitution (Rucker; Judiciary)
• SB 627: Establishing solar program for subscribers to gain credits against their utility bills (Rucker; Judiciary)
• SB 628: Revising provisions related to public charter schools (Rucker, Oliverio; School Choice then Education)
• SB 629: Establishing auto-renewal program for wildlife licenses (Hamilton, Clements, Deeds, Hunt, Karnes, Martin, Stover; Agriculture and Natural Resources)
• SB 630: Creating offense of knowingly and willfully obstructing social service worker (Rucker, Trump; Judiciary)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Monday, February 13, 2023

1 p.m.: Transportation and Infrastructure

• Com. Sub. for SCR 3: Dr. Roland P. Sharp Memorial Road
• Committee substitute reported to the full Senate with the recommendation it be adopted

• Com. Sub. for SCR 4: Ira 'Noon' Copley and Marie Copley Memorial Bridge
• Committee substitute reported to the full Senate with the recommendation it be adopted

• Com. Sub. for SCR 6: US Army SGT Vincent DiBacco Memorial Bridge
• Committee substitute reported to the full Senate with the recommendation it be adopted

• SCR 8: US Army PV 2 Harold Richard Plumley Memorial Bridge
• Resolution reported to the full Senate with the recommendation it be adopted

• Com. Sub. for SB 440: Authorizing DOH pay current obligations from State Road Fund
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 455: Modifying certain used car restrictions
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

2 p.m.: Agriculture and Natural Resources

• Com. Sub. for SB 585: Prohibiting county commissions from adopting any authorization that exceeds state law regarding agricultural operations
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Government Organization

2 p.m.: Banking and Insurance

• SB 430: Relating to State Treasurer's authority to contract with financial institutions for banking goods and services
• Bill reported to the full Senate with the recommendation it do pass

• SB 555: Prohibiting banks and payment networks from tracking firearm-related data and outlining penalties
• Bill not taken up

• Com. SB 562: Relating to operation of private trust companies in WV
• Committee substitute reported to the full Senate with the recommendation it do pass

3 p.m.: Finance

• Com. Sub. for SB 151: Relating to levying tax on pass-through entity's income
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 579: Providing payment to vendors not paid due to an agency's budget limit

Committee substitute reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of February 13, 2023 (133 – 122 Senate; 11 House)

Resolutions Adopted by the Senate as of Monday, February 13, 2023 (1)

• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted by House; pending Senate concurrence to House amendments)

House Bills and Resolutions Pending in the Senate as of Monday, February 13, 2023 (64 Bills; 3 Resolutions)

• HB 2002: Relating to providing support for families (Health and Human Resources)
• HB 2004: Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct (Judiciary)
• HB 2007: Prohibiting certain medical practices (Health and Human Resources)
• HB 2008: Requiring local entities to enforce immigration laws (Judiciary)
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Completed legislation; awaiting action by the Governor)
• HB 2029: Repealing the creation of an all-payer claims database (Completed legislation; awaiting action by the Governor)
• HB 2113: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse (Judiciary)
• HB 2218: Distracted Driving Act (Transportation and Infrastructure)
• HB 2221: Relating to bankruptcy (Judiciary)
• HB 2310: Provide the Division of Motor Vehicles authority to develop an “Antique Fleet” program so that multiple antique motor vehicles may utilize a single registration plate (S Third Reading, 02-14)

• HB 2346: Declaring a shortage of qualified bus operators and allowing retired bus operators to accept employment (Education)

• HB 2380: Relating to School Building Authority (Education)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (S Second Reading, 02-14)
• HB 2436: Relating to the implementation of an acuity-based patient classification system (Health and Human Resources)
• HB 2443: Relating to service employees with National Association for Pupil Transportation Certifications (Education)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Completed legislation; awaiting action by Governor)
• HB 2509: Creating the Uniform Premarital Agreement Act (Judiciary)
• HB 2526: Relating to reducing the personal income tax (Finance)
• HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (Completed legislation; awaiting action by Governor)
• HB 2531: Requiring cooperation between the rail company and the Division of Highways when construction or maintenance activities are conducted by the company (Judiciary)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Completed legislation; awaiting action by the Governor)

• HB 2548: Relating to temporary identification cards for released inmates (Judiciary)

• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Completed legislation; awaiting action by the Governor)

• HB 2569: Establishing the Motorsport Responsibility Act (Outdoor Recreation)
• HB 2596: To modify when a nonresident student’s transfer may be denied (Education)

• HB 2597: Amending performance evaluations of professional personnel (Education)

• HB 2599: Creating the utility pole rights of way and easement mapping initiative (Economic Development)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Completed legislation; awaiting action by the Governor)

• HB 2611: To remove certain territorial limitations on a banking institution’s ability to offer messenger services or mobile banking facilities (Banking and Insurance)
• HB 2613: Relating to the administration of anesthetics (Health and Human Resources)
• HB 2621: Relating generally to bail bondsman (Pending Senate introduction)
• HB 2754: Relating to immunizations performed in a pharmacy (Health and Human Resources)
• HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program (Education)

• HB 2762: Allowing variance in state fire code for certain buildings used solely for emergency equipment storage (Government Organization)

• HB 2768: To require all state entities and Chapter 30 boards to use “.gov” domains and e-mail addresses (Government Organization)

• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Completed legislation; awaiting action by the Governor)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Completed legislation; awaiting action by the Governor)
• HB 2789: Removing birthing centers from certificate of need (Health and Human Resources)

• HB 2800: All relating to authorizing legislative rules regarding higher education (Passed Senate; pending House concurrence to Senate amendments)
• HB 2832: Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor (Senate Education)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Completed legislation; awaiting action by the Governor)
• HB 2845: Relating to removing expired provisions from the code (Health and Human Resources)

• HB 2850: Relating to students with exceptional needs (Education)

• HB 2870: Correcting a reference relating to siting certificates for certain electric generating facilities (Energy, Industry and Mining)
• HB 2882: Making a supplemental appropriation to the Department of Economic Development (S Second Reading, 02-14)

• HB 2899: Repealing two sections of code relating to gas utility rates (Pending Senate introduction)

• HB 2890: Modifying student discipline (Education)
• HB 2941: To extend the end date of the State Advisory Council on Postsecondary Attainment Goals (Education)
• HB 2967: Expediting License Applications for active military members and veterans, and their spouses (Military)
• HB 2970: Creating the equitable right to expungement (Judiciary)
• HB 3036: Increasing the number of districts and the limit on approved costs under the BUILD WV Act (Economic Development)
• HB 3055: To create a vocational math class for students interested in careers in the trades (S Second Reading, 02-14)

• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (S Third Reading, 02-14)
• HB 3077: Relating to making the use of the multi-state real time tracking system permanent (Health and Human Resources)
• HB 3091: Requiring counties provide fiscal information for State Auditor’s WV Checkbook website (Government Organization)
• HB 3111: Creating Infrastructure Ready Jurisdictions (Pending Senate introduction)
• HB 3130: Creating the Coalfields Energy Research and Economic Development Authority (Pending Senate introduction)
• HB 3141: Relating to the practice of dentistry (Health and Human Resources)
• HB 3145: Recognizing the Commission on Uniform State Laws as a presumptive provider of continuing legal education (Judiciary)
• HB 3164: To extend the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties (Health and Human Resources)
• HB 3191: Relating to certain facilities operated by the state government to obtain a license (Health and Human Resources)
• HB 3268: Add protections for WV residents who reside out of state for certain time periods from non-renewal of licenses and registration (Pending Senate introduction)
• HB 3306: Relating to the organizational structure of the Office of Drug Control Policy (Pending Senate introduction)
• HB 3307: Establishing the West Virginia-Ireland Trade Commission (Pending Senate introduction)

• HCR 11: Relating to Higher Education Consortium for Emerging Energy Technologies (Education)
• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Outdoor Recreation)
• HCR 29: Amending Joint Rule 13 of the Joint Rules of the Senate and House that clarifies that when two or more bills amending the same statute are passed in the same session, the last passed controls (Pending Senate introduction)

Bills that Have Completed Legislation as of Monday, February 13, 2023 (19 – 9 Senate; 10 House)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Signed, 02-09)
• SB 83: Authorizing tactical medical professionals to carry firearms (Completed legislation; awaiting action by Governor)
• SB 132: Clarifying criminal offense of harassment (Signed, 02-06)
• SB 143: Relating to Adopt-A-Stream Program (Signed, 02-06)
• SB 161: Authorizing DNR to manage and dispose of property (Signed, 01-24)
• SB 162: Authorizing director of DNR to lease state-owned pore spaces in certain areas for carbon sequestration (Signed, 01-24)
• SB 207: Relating to state allocation of funding to regional councils (Signed, 02-09)
• SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (Signed, 02-06)
• SB 241: Relating to Patient Brokering Act (Completed legislation; awaiting action by the Governor)
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Completed legislation; awaiting action by the Governor)
• HB 2029: Repealing the creation of an all-payer claims database (Completed legislation; awaiting action by the Governor)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Completed legislation; awaiting action by Governor)
• HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (Completed legislation; awaiting action by the Governor)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Completed legislation; awaiting action by the Governor)
• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Completed legislation; awaiting action by the Governor)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Completed legislation; awaiting action by the Governor)
• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Completed legislation; awaiting action by the Governor)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Completed legislation; awaiting action by the Governor)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Completed legislation; awaiting action by the Governor)

Bills Signed by the Governor as of Monday, February 13, 2023 (7 – 7 Senate)

• SB 83: Authorizing tactical medical professionals to carry firearms (Signed, 02-09)
• SB 132: Clarifying criminal offense of harassment (Signed, 02-06)
• SB 143: Relating to Adopt-A-Stream Program (Signed, 02-06)
• SB 161: Authorizing DNR to manage and dispose of property (Signed, 01-24)
• SB 162: Authorizing director of DNR to lease state-owned pore spaces in certain areas for carbon sequestration (Signed, 01-24)
• SB 207: Relating to state allocation of funding to regional councils (Signed, 02-09)
• SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (Signed, 02-06)

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.