State Senate

Thursday, February 16, 2023 – 37th Day of Session

The Senate will convene at 11:15 a.m.

UNFINISHED BUSINESS

• Com. Sub. for SCR 3: Dr. Roland P. Sharp Memorial Road
• Com. Sub. for SCR 4: US Navy S1 Ira "Noon" Copley and Marie Copley Memorial Bridge
• Com. Sub. for SCR 6: US Army SGT Vincent DiBacco Memorial Bridge
• SCR 8: US Army PV 2 Harold Richard Plumley Memorial Bridge
• SR 32: Designating February 16, 2023, as WVSU Day at Legislature

THIRD READING

There are no bills on Third Reading for Thursday, February 16, 2023.

SECOND READING

• Com. Sub. for SB 151: Levying tax on pass-through entity's income
• Com. Sub. for SB 579: Providing payment to vendors who provided services to state

FIRST READING

• Com. Sub. for SB 191: Relating to liability for payment of court costs as condition of pretrial diversion agreement
• Com. Sub. for SB 293: Increasing fees charged by sheriff
• Com. Sub. for SB 303: Relating to Violent Crime Prevention Act
• Com. Sub. for SB 430: Relating to State Treasurer’s authority to contract with financial institutions for banking goods and services
• Com. Sub. for SB 455: Modifying certain used car restrictions
• Com. Sub. for SB 526: Including Alzheimer's disease in existing public health programs
• SB 559: Relating to spousal privilege
• Com. Sub. for SB 568: Relating to Dangerousness Assessment Advisory Board
• SB 580: Authorizing election for special levy renewal
• SB 605: Requiring state medical examiner to enter into contracts with procurement organization
• SB 609: Obtaining approval for decommissioning or deconstructing of existing power plant
• Eng. Com. Sub. for HB 2596: To modify when a nonresident student’s transfer may be denied
• Eng. Com. Sub. for HB 2845: Relating to removing expired provisions from the code
• Eng. Com. Sub. for HB 3164: To extend the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties
• Eng. HB 3272: Relating to the operation of private trust companies in West Virginia

Scheduled Committee Meetings

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

• Com. Sub. for SB 544: Increasing power purchase agreement cap
• Com. Sub. for SB 539: Authorizing state and subdivisions to negotiate price for construction when all bids received exceed maximum budget
• Com. Sub. for SB 62: Establishing secondary location for racetrack video lottery terminals
• SB 553: Allowing for evaluation of prequalified bidders to be based on best value
• Com. Sub. for SB 429: Establishing statewide health and safety fee for tourism and recreational activities by county commissions
• Com. Sub. for SB 39: Relating to assessment of real property

9 a.m.: Education (451M)

• SB 195: Ready-to-Use Glucagon Rescue Therapies for Schools Act
• SB 488: Aligning state and federal accreditation rules
• SB 602: Enabling WVSU and Bluefield State University to offer associate degrees
• HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program

11 a.m.: Senate Committee on Rules (219M)

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

• SB 552: Relating to abortion
• SB 577: Reducing copay cap on insulin and devices and permitting purchase of testing equipment without prescription
• HB 3141: Relating to the practice of dentistry

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

• Com. Sub. for SB 273: Relating to allocation of child protective workers in counties based upon population of county

3 p.m.: Judiciary (208W)

• Com. Sub. for SB 621: Requiring sheriff to serve child abuse and neglect petitions without additional compensation
• SB 608: Correcting list of items which are considered deadly weapons
• Com. Sub. for SB 630: Creating offense of knowingly and willfully obstructing social service worker
• Com. Sub. for SB 635: Updating language and increasing penalties for indecent exposure

3 p.m.: Finance (451M)

• Com. Sub. for SB 297: Mountain Homes Act
• Com. Sub. for SB 523: Clarifying purpose and use of Economic Development Project Fund
• Com. Sub. for SB 273: Relating to allocation of child protective workers in counties based upon population of county
• SB 436: Prompt Payment Act of 2023

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

Senate Bills to be Introduced Thursday, February 16, 2023

• SB 652: Modifying Municipal Home Rule appeals (Tarr; Judiciary)
• SB 653: Allowing group of affiliated voters to become recognized political party (Trump; Judiciary)
• SB 654: Requiring cooperation with child support enforcement as condition for public assistant (Maroney; Health and Human Resources)
• SB 655: Parents' Bill of Rights (Maynard; Judiciary)
• SB 656: Verifying legal employment status of workers (Woodrum; Government Organization)
• SB 657: WV Long-Term Care Insurance Act (Maroney; Banking and Insurance)
• SB 658: Clarifying municipal B&O taxation where business activity occurs (FN) (Jeffries; Finance)
• SB 659: Clarifying that juvenile competency determination process extends to status offenders (Trump; Judiciary)
• SB 660: Establishing aggravated felony offense of reckless driving resulting in death (Weld; Judiciary)
• SB 661: Clarifying preferential recall rights for employees sustaining compensable injury (Roberts, Jeffries, Tarr; Workforce)
• SB 662: Expanding private practice exemption (Barrett; Health and Human Resources)
• SB 663: Approving overtime pay for teachers (Taylor; Education then Finance)
• SB 664: Dissolving PEIA and converting to employer-owned mutual insurance company (Taylor; Health and Human Resources then Finance)
• SB 665: Amending licensure requirements for massage therapist (FN) (Rucker; Government Organization then Finance)
• SCR 12: Oakey Tolliver Memorial Bridge (Stover, Chapman, Maynard, Rucker)
• SCR 13: Wyant Brothers Memorial Road (Martin, Queen)
• SCR 14: Supporting Medal of Valor nominees recommended by First Responders Honor Board (Deeds)
• SCR 15: Permitting WV Department of Tourism to proceed with procuring bids and interest in companies to place lodge on property of Beech Fork Lake (Maynard, Plymale)
• SR 34: Recognizing February 17, 2023, as Adventure Travel Day at Legislature (Maynard)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Wednesday, February 15, 2023

10 a.m.: Agriculture and Natural Resources

• SB 629: Establishing auto-renewal program for wildlife licenses
• Bill reported to the full Senate with the recommendation it do pass

1 p.m.: Committee on School Choice

• Com. Sub. for SB 589: Relating to nonpublic kindergarten, elementary, and secondary school education
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 601: Allowing students of certain schools to participate in extracurricular activities of public schools
• Committee substitute reported to the full Senate with the recommendation it do pass

1 p.m.: Economic Development

• SB 591: Allowing counties and municipalities to jointly undertake development projects
• Bill reported to the full Senate with the recommendation it do pass

• SB 607: Authorizing counties to increase special district excise tax
• Bill reported to the full Senate with the recommendation it do pass

2 p.m.: Outdoor Recreation

• HB 2569: Establishing the Motorsport Responsibility Act
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Finance

• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America
• Resolution reported to the full Senate with the recommendation it be adopted

2 p.m.: Pensions

• Com. Sub. for SB 530: Expanding candidates eligible for judicial retirement
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 570: Relating to Natural Resources Police Officer Retirement
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 582: Amending provisions of WV Public Employees Retirement Act
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 590: Transferring 911 personnel from PERS to Emergency Medical Services Retirement System
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• SB 622: Including state correctional officers in DNR Police Officer Retirement System
• Bill not taken up

3 p.m.: Judiciary

• Com. Sub. for SB 576: Creating Securities Restitution Assistance Fund for victims of securities violations
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

3 p.m.: Finance

• Com. Sub. for SB 543: Authorizing rule-making changes to terms, procedures and reporting duties in higher education
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

• SB 596: Modifying payment for housing and maintenance of inmates
• Bill, as amended, reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Wednesday, February 15, 2023 (145 – 130 Senate; 15 House)

Resolutions Adopted by the Senate as of Wednesday, February 15, 2023 (1)

• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)

House Bills and Resolutions Pending in the Senate as of Wednesday, February 15, 2023 (88 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 2005: Establishing the dual enrollment pilot program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education (Education)
• HB 2006: Relating to reorganizing the Department of Health and Human Resources (Pending Senate introduction)
• 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 (Signed, 02-13)
• HB 2029: Repealing the creation of an all-payer claims database (Signed, 02-13)
• HB 2113: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse (Judiciary)
• HB 2186: Relating to surgical smoke evacuation (Pending Senate introduction)
• HB 2218: Distracted Driving Act (Transportation and Infrastructure)
• HB 2221: Relating to bankruptcy (Judiciary)
• HB 2309: To require the Division of Forestry to create an online renewal process no later than July 1, 2023 (Agriculture and Natural Resources)
• 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 (Transportation and Infrastructure)

• 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 (Completed legislation; awaiting action by the Governor)
• 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 (Signed, 02-13)
• 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 2540: Travel Insurance Model Act (Banking and Insurance)

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

• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Signed, 02-14)

• HB 2569: Establishing the Motorsport Responsibility Act (Outdoor Recreation)
• HB 2596: To modify when a nonresident student’s transfer may be denied (S First Reading, 02-16)

• 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 2605: Relating to Good Samaritan law (Judiciary)

• 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 (Banking and Insurance)
• 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 (Signed, 02-14)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Signed, 02-14)
• 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 2817: Relating to Public Service Commission jurisdiction over alternative fuel for motor vehicles (Energy, Industry and Mining)
• HB 2821: Relating to taxation of gambling and lottery winnings (Pending Senate introduction)
• 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 2839: Making a technical correction regarding an incorrect fund name and clarifying applicability to mine lands governed by SMCRA and the Abandoned Mine Lands Act (Pending Senate introduction)
• HB 2845: Relating to removing expired provisions from the code (S First Reading, 02-16)

• 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 (Completed legislation; awaiting action by the Governor)
• HB 2896: Relating to making West Virginia an Agreement State with the U. S. Nuclear Regulatory Commission (Pending Senate introduction)

• 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 2993: Relating to rural emergency hospital licensure (Pending Senate introduction)
• HB 3036: Increasing the number of districts and the limit on approved costs under the BUILD WV Act (Economic Development)
• HB 3044: Relating to the annual fee for limited video lottery terminal permits (Finance)
• HB 3055: To create a vocational math class for students interested in careers in the trades (Passed Senate; pending House concurrence to Senate amendments)

• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Passed Senate; pending House concurrence to Senate amendment)
• 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 3098: To eliminate the WV General Summative Assessment and replace it with a formative assessment given three times a year (Education)
• HB 3111: Creating Infrastructure Ready Jurisdictions (Economic Development)
• HB 3113: Requiring high school students to complete course of study in personal finance (Education)
• HB 3122: Permitting certain types of rifles using an encapsulated propellant charge that loads from the breech (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 (S First Reading, 02-16)
• HB 3191: Relating to certain facilities operated by the state government to obtain a license (Health and Human Resources)
• HB 3199: Relating to removing the requirement that an ectopic pregnancy be reported (Health and Human Resources)
• HB 3200: Authorize DHHR to transfer state facilities to regional mental health centers or intellectual disability facilities (Pending Senate introduction)
• HB 3210: Relating to the performance of installation of propane gas systems (Government Organization)
• HB 3261: Relating to Social Workers Qualifications (Government Organization)
• 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 3272: Relating to the operation of private trust companies in West Virginia (S First Reading, 02-16)
• HB 3302: To recognize unborn child as distinct victim in a DUI causing death (Judiciary)
• HB 3306: Relating to the organizational structure of the Office of Drug Control Policy (Health and Human Resources)
• HB 3307: Establishing the West Virginia-Ireland Trade Commission (Economic Development)
• HB 3308: Authorizing PSC consider and issue financing orders to certain utilities to permit the recovery of certain costs through securitization via consumer rate relief bonds (Pending Senate introduction)
• HB 3311: Relating to wine alcohol by volume as compared to beer (Government Organization)
• HB 3317: Relating to removing specific continuing education requirements (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 Wednesday, February 15, 2023 (24 – 10 Senate; 14 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 239: Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic (Completed legislation; awaiting action by the Governor)
• 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 (Signed, 02-13)
• HB 2029: Repealing the creation of an all-payer claims database (Signed, 02-13)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (Completed legislation; awaiting action by the Governor)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Signed, 02-13)
• 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 (Signed, 02-14)
• 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 (Signed, 02-14)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Signed, 02-14)
• HB 2800: All relating to authorizing legislative rules regarding higher education (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)

• HB 2882: Making a supplemental appropriation to the Department of Economic Development (Completed legislation; awaiting action by the Governor)
• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Completed legislation; awaiting action by the Governor)

Resolutions that Have Completed Legislation as of Wednesday, February 15, 2023 (1)

• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)

Bills Signed by the Governor as of Wednesday, February 15, 2023 (13 – 7 Senate; 6 House)

• 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)
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Signed, 02-13)
• HB 2029: Repealing the creation of an all-payer claims database (Signed, 02-13)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Signed, 02-13)
• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Signed, 02-14)
• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-14)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Signed, 02-14)

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


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