State Senate

Wednesday, February 22, 2023 – 43rd Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SR 37: Recognizing sister-state relationship between WV and Taiwan

THIRD READING

• Eng. Com. Sub. for Com. Sub. for SB 273: Relating to allocation of child protective workers in counties based upon population of county
• Eng. Com. Sub. for SB 297: Mountain Homes Act
• Eng. Com. Sub. for SB 429: Establishing statewide health and safety fee for tourism and recreational activities by county commissions
• Eng. Com. Sub. for Com. Sub. for SB 436: Prompt Payment Act of 2023
• Eng. Com. Sub. for SB 523: Clarifying purpose and use of Economic Development Project Fund
• Eng. Com. Sub. for SB 539: Authorizing state and subdivisions to negotiate price for construction when all bids received exceed maximum budget
• Eng. SB 553: Allowing for evaluation of prequalified bidders to be based on best value
• Eng. SB 580: Authorizing election for special levy renewal
• Eng. Com. Sub. for SB 621: Requiring sheriff to serve child abuse and neglect petitions
• Eng. Com. Sub. for SB 630: Creating offense of knowingly and willfully obstructing social service worker
• Eng. Com. Sub. for SB 635: Updating language and increasing penalties for indecent exposure
• Eng. SB 674: Providing statutory recognition and appointment of board members for WV First Foundation
• Eng. Com. Sub. for HB 2006: Relating to reorganizing the Department of Health and Human Resources

SECOND READING

• Com. Sub. for Com. Sub. for SB 195: Glucagon for Schools Act
• Com. Sub. for SB 480: Modifying group accident and sickness insurance requirements
• Com. Sub. for SB 577: Reducing copay cap on insulin and devices and permitting purchase of testing equipment without prescription
• Com. Sub. for SB 594: Specifying fairness in cost sharing calculations for certain high deductible health plans
• SB 597: Allowing Workforce WV to hire classified service exempt employees
• SB 608: Correcting list of items which are considered deadly weapons
• SB 620: Increasing maximum number of registered voters per precinct and distance between polling places
• Com. Sub. for SB 631: Updating administration, funding, and requirements for federal elections held in WV
• SB 641: Clarifying when magistrate vacancies shall be filled
• Com. Sub. for SB 644: Updating contested elections procedures
• Com. Sub. for SB 661: Clarifying preferential recall rights for employees sustaining compensable injury
• Eng. Com. Sub. for HB 3122: Permitting certain types of rifles using an encapsulated propellant charge that loads from the breech
• Eng. HB 3141: Relating to the practice of dentistry - (Com. amend. pending)

FIRST READING

• Com. Sub. for Com. Sub. for SB 79: Relating to compensable diseases of certain firefighters covered by workers' compensation
• Com. Sub. for SB 616: WV Veterans' Home Loan Mortgage Program of 2023
• Com. Sub. for SB 657: WV Long-Term Care Insurance Act
• SB 678: Adding appropriations to DHHR, Division of Human Services

Scheduled Committee Meetings

1 p.m.: Committee on School Choice (208W)

• SB 625: Requiring certain transcripts to be accepted as record of student's performance for placement in micro school programs
• HB 2820: To provide HOPE scholarship recipients with the ability to play sports

1 p.m.: Economic Development (451M)

• SB 169: Requiring certain movie theaters to provide open captioning during certain showings
• SB 677: Clarifying role and responsibilities of State Resiliency Officer
• HB 3307: Establishing the West Virginia-Ireland Trade Commission
• HB 3428: Relating to the West Virginia Business Ready Sites Program

2 p.m.: Outdoor Recreation (208W)

• Eng. Com. Sub. For HB 2062: Establish rules and regulations for e-bikes in West Virginia that more closely comport to federal law
• SB 468: Continuing Cabwaylingo State Forest Trail System

3 p.m.: Judiciary (208W)

• SB 659: Clarifying juvenile competency determination process extends to status offenders
• Com. Sub. for SB 541: Providing for election reforms
• SB 666: Placing cap on maximum penalty that may be imposed for first-degree robbery

3 p.m.: Finance (451M)

• Com. Sub. for SB 522: Allocating percentage of county excise taxes for funding improvements to election administration
• Com. Sub. for SB 561: Relating to administration of WV Drinking Water Treatment Revolving Fund Act
• Com. Sub. for SB 590: Transferring 911 personnel from PERS to Emergency Medical Services Retirement System

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

Committee Action on Bills from Tuesday, February 21, 2023

9 a.m.: Government Organization

• SB 544: Increasing power purchase agreement cap
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 656: Verifying legal employment status of workers to governmental agencies
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 554: Exempting purchases made by Auditor and WV Enterprise Resource Planning Board from certain provisions of WV code
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

• Com. Sub. for Com. Sub. for SB 585: Prohibiting county commissions from adopting any authorization that exceeds state law regarding agricultural operations
• Bill not taken up

• Com. Sub. for SB 181: Creating Closed Captioning Act
• Bill not taken up

• Com. Sub. for SB 649: Authorizing Berkeley County Council to change its name to Berkeley County Commission
• Committee substitute reported to the full Senate with the recommendation it do pass
• Com. Sub. for SB 665: Amending licensure requirements for massage therapist
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

9 a.m.: Education

• SB 619: Allowing teachers in public schools to teach intelligent design
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 638: Providing bonuses to school personnel for unused personal days
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• Com. Sub. for SB 667: Requiring periodic performance audits of WV Secondary Schools Athletic Commission
• Committee substitute reported to the full Senate with the recommendation it do pass

• SB 1: Requiring Higher Education Policy Commission to create and administer PROMISE Plus Program
• Bill reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 3113: Requiring high school students to complete course of study in personal finance
• Bill, as amended, reported to the full Senate with the recommendation it do pass

1 p.m.: Health and Human Resources

• Com. Sub. for SB 613: Exempting hospitals from certificate of need requirements
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 617: Requiring Commissioner of Bureau for Medical Services produce report regarding home and community-based providers
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 646: Creating emeritus physician license
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 676: Requiring report on Medicaid fees and managed care provider reimbursements compared to PEIA, Medicare, and surrounding states
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 730: Expanding authority of Legislative Oversight Commission on Health and Human Resources Accountability Commission
• Committee substitute reported to the full Senate with the recommendation it do pass

• HB 2993: Relating to rural emergency hospital licensure
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 3317: Relating to removing specific continuing education requirements
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• SB 552: Relating to abortion
• Bill not taken up

2 p.m.: Finance Subcommittee B

• Com. Sub. for Com. Sub. for SB 268: Relating to PEIA
• Committee substitute for the committee substitute reported to the full Finance committee with the recommendation it do pass

3 p.m.: Judiciary

• Com. Sub. for SB 558: Prohibiting law enforcement agencies from posting booking photographs of certain criminal defendants on social media
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 560: Limiting recovery on claims for abuse to secure financial solvency of public and private school system
• Bill removed from agenda

• Originating Resolution: Relating to studying BRIM
• Originating resolution reported to the full Senate with the recommendation it be adopted

3 p.m.: Finance

• Com. Sub. forCom. Sub. for SB 268: Relating to PEIA
• Committee substitute for the committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 423: Increasing salary for certain state employees
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 267: Updating law regarding prior authorizations
• Committee substitute reported to the full Senate with the recommendation it do pass

• SB 438: Return to WV Tax Credit Act
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 469: Providing funding for CPR instruction to high school students
• Committee substitute reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Tuesday, February 21, 2023 (172 – 153 Senate; 19 House)

Resolutions Adopted by the Senate as of Tuesday, February 21, 2023 (8 – 6 Senate; 2 House)

• SCR 3: Dr. Roland P. Sharp Memorial Road (House Technology and Infrastructure)
• SCR 4: US Navy S1 Ira "Noon" Copley and Marie Copley Memorial Bridge (House Technology and Infrastructure)
• SCR 6: US Army SGT Vincent DiBacco Memorial Bridge (House Technology and Infrastructure)
• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)
• SCR 8: US Army PV 2 Harold Richard Plumley Memorial Bridge (House Technology and Infrastructure)
• SCR 14: Supporting Medal of Valor nominees recommended by First Responders Honor Board (House Rules)
• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Adopted, 02-17)
• 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 (Adopted, 02-16)

Bills Pending in Committee

Bills that Have Completed Legislation as of Tuesday, February 21, 2023 (29 – 13 Senate; 16 House)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Signed, 02-17)
• SB 10: Campus Self-Defense Act (Completed legislation; awaiting action by the Governor)
• SB 83: Authorizing tactical medical professionals to carry firearms (Signed, 02-09)
• SB 89: Requiring hospitals to staff qualified personnel to perform sexual assault forensic exams (Completed legislation; awaiting action by the 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 (Signed, 02-17)
• SB 275: Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (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 (Signed, 02-15)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Signed, 02-15)
• 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 (Signed, 02-17)
• HB 2845: Relating to removing expired provisions from the code (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)
• HB 3164: To extend the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties (Completed legislation; awaiting action by the Governor)

Resolutions that Have Completed Legislation as of Tuesday, February 21, 2023 (3 – 1 Senate; 2 House)

• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)
• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Adopted, 02-17)
• 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 (Adopted, 02-16)

Bills Signed by the Governor as of Tuesday, February 21, 2023 (18 – 9 Senate; 9 House)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Signed, 02-17)
• 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)
• SB 241: Relating to Patient Brokering Act (Signed, 02-17)
• 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 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (Signed, 02-15)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Signed, 02-15)
• 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)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Signed, 02-17)

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.