State Senate

Wednesday, March 1, 2023 – 50th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SCR 21: Requesting Joint Committee on Technology study feasibility of Digital Identification
• SCR 22: Requesting study on need for awarding attorney's fees and recovering damages in civil tort actions
• HCR 11: Relating to Higher Education Consortium for Emerging Energy Technologies

THIRD READING

• Eng. Com. Sub. for Com. Sub. for SB 91: Relating to distribution of certain taxes and surcharges to benefit fire departments and emergency medical services providers - (Com. amend. and title amend. pending) - (With right to amend)
• Eng. Com. Sub. for SB 123: Creating enhanced penalties for fleeing officer
• Eng. Com. Sub. for Com. Sub. for SB 199: Requiring purchases of certain commodities and services from state use program partners
• Eng. Com. Sub. for SB 220: Industrial Hemp Development Act
• Eng. Com. Sub. for SB 468: Continuing Cabwaylingo State Forest Trail System
• Eng. Com. Sub. for SB 470: Making adoption records accessible for medical purposes - (Com. amend. and title amend. pending) - (With right to amend)
• Eng. Com. Sub. for SB 540: Creating misdemeanor offense of willfully urinating or defecating in public
• Eng. Com. Sub. for SB 546: Adding and removing certain compounds from controlled substance list
• Eng. Com. Sub. for SB 552: Relating to abortion - (With right to amend)
• Eng. Com. Sub. for SB 581: Amending provisions of 2023 Farm Bill - (With right to amend)
• Eng. Com. Sub. for SB 593: Mandating cost of living salary adjustment policy for state employees
• Eng. Com. Sub. for SB 633: Requiring prompt appearances for persons detained on capiases
• Eng. Com. Sub. for SB 634: Increasing value at which municipal property must be sold through public auction
• Eng. Com. Sub. for SB 647: Relating to substantiation of abuse and neglect allegations
• Eng. SB 738: Equipment Right to Repair Act.
• Eng. SB 739: Relating to moratorium on carbon capture agreements - (With right to amend)
• Eng. SB 740: Relating to compensation and expense reimbursement for members of Legislature
• 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 - (Amend. and title amend. pending) - (With right to amend)
• Eng. HB 3218: Relating to requiring suicide prevention resources be printed on student identification cards

SECOND READING

• Eng. Com. Sub. for HB 2587: To reflect that County Sheriffs will be required to include a breakdown of the distribution of where a citizens taxes will be paid
• Eng. HB 2607: Clarify that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time.
• Eng. HB 2611: To remove certain territorial limitations on a banking institution’s ability to offer messenger services or mobile banking facilities
• Eng. Com. Sub. for HB 2638: Authorizing certain agencies of the Department of Administration to promulgate legislative rules
• Eng. Com. Sub. for HB 2640: Authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules - (Com. amends. and title amend. pending)
• Eng. Com. Sub. for HB 2648: Authorizing certain agencies and boards of the DHHR to promulgate a legislative rule - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 2762: Allowing variance in state fire code for certain buildings used solely for emergency equipment storage
• Eng. HB 2899: Repealing two sections of code relating to gas utility rates
• Eng. HB 3199: Relating to removing the requirement that an ectopic pregnancy be reported
• Eng. Com. Sub. for HB 3210: Relating to the performance of installation of propane gas systems
• Eng. HB 3215: Relating to land use
• Eng. Com. Sub. for HB 3261: Relating to Social Workers Qualifications
• Eng. Com. Sub. for HB 3311: Relating to wine alcohol by volume as compared to beer

FIRST READING

• Eng. HB 2597: Amending performance evaluations of professional personnel
• Eng. Com. Sub. for HB 2605: Relating to Good Samaritan law - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program
• Eng. 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
• Eng. HB 3391: Establishing filing deadlines for appeals of property tax valuations and issues involving property tax classification and taxability to the West Virginia Office of Tax Appeals
• Eng. HB 3547: Increasing the number of personal leave days that county board of education employees may use
• Eng. HB 3548: Relating to teacher duty-free lunch and daily planning periods

Scheduled Committee Meetings

10 a.m.: Agriculture and Natural Resources (208W)

• Agenda TBA

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

• Eng. Com. Sub. For HB 3147: To create the Upper Ohio Valley Trail Network
• Presentation: Xavier Wirbel – Equestrian in West Virginia and neighboring states

1 p.m.: Pensions (451M)

• Eng. HB 2900: Relating to Deputy Sheriff Retirement System
• Eng. HB 3148: Relating to Financing municipal policemen’s and firemen’s pension and relief funds
• Eng. HB 3244: Relating to Municipal Pensions Oversight Board proposing legislative rules
• Eng. HB 3364: Requiring closure of certain municipal policemen’s and firemen’s pension and relief funds as condition of issuance of pension funding revenue bonds

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

• HB 3012: To encourage economic development regarding rare earth elements and critical minerals, as defined, by providing temporary severance tax relief
• HB 3036: Increasing the number of districts and the limit on approved costs under the BUILD WV Act
• HB 3168: Ensuring investment in WV Tourism is competitive with other states and accessible long term
• HB 3387: Extending the moratorium on the authorization of new convention and visitors bureaus for an additional two years

3 p.m.: Judiciary (208W)

• Com. Sub. for HB 3302: To recognize unborn child as distinct victim in a DUI causing death
• HB 2548: Relating to temporary identification cards for released inmates
• Com. Sub. for HB 2221: Relating to bankruptcy
• HB 3556: Uniform Recognition and Enforcement of Canadian Domestic Violence Protective Orders Act

3 p.m.: Finance (451M)

• HB 3519: Making a supplementary appropriation to the Department of Transportation, Division of Motor Vehicles
• HB 3520: Making a supplementary appropriation to the Department of Education, State Board of Education - Vocational Division
• HB 3521: Making a supplementary appropriation to the Division of Health - Maternal and Child Health
• HB 3522: Making a supplementary appropriation to the Department of Commerce, Division of Natural Resources - License Fund - Wildlife Resources
• HB 3523: Making a supplementary appropriation to Miscellaneous Boards and Commissions, Economic Development Authority
• HB 3528: Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations

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

Senate Bills to be Introduced Wednesday, March 1, 2023

• SB 741: Supplementing and amending appropriations to Department of Commerce, Division of Forestry [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 742: Making supplementary appropriation to Department of Veterans' Assistance [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 743: Supplementing and amending appropriations to BOE, Department of Education [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 744: Making supplemental appropriation to Department of Economic Development, Office of Secretary [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 745: Making supplemental appropriation to Executive, Governor's Office, Coronavirus State Fiscal Recovery Fund [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 746: Supplementing appropriations to DOT, Division of Multimodal Transportation Facilities
• SB 747: Making supplementary appropriation to Adjutant General, State Militia [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 748: Supplementing and amending appropriations to Governor's Office, Civil Contingent Fund [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 749: Supplementing and amending appropriations to DOT, Division of Multimodal Transportation Facilities, State Rail Authority [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 750: Supplementing and amending appropriations to Department of Administration, Division of General Services [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 751: Supplementing and amending appropriations to BOE, State Department of Education, Classroom Aide Program [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 752: Making a supplemental appropriation to Department of Revenue, State Budget Office [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 753: Supplementing and amending appropriations to Adjutant General, State Militia [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 754: Supplementing and amending appropriations to Department of Commerce, Office of Secretary [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 755: Supplementing and amending appropriations to DHHR, Division of Health [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 756: Supplementing and amending appropriations to DOT, Division of Multimodal Transportation Facilities, Public Transit [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 757: Supplementing and amending appropriations to DHS, Division of Administrative Services [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 758: Supplementing and amending appropriation to DHS, Division of Corrections and Rehabilitations, Correctional Units [By Request of the Executive] (Blair, Woelfel; Finance)
• SB 759: Supplementing appropriations to DOT, Division of Multimodal Transportation Facilities, Aeronautics Commission [By Request of the Executive] (Blair, Woelfel; Finance)

Committee Action on Bills from Tuesday, February 28, 2023

9 a.m.: Government Organization

• HB 2762: Allowing variance in state fire code for certain buildings used solely for emergency equipment storage
• Bill reported to the full Senate with the recommendation it do pass

• HB 2899: Repealing two sections of code relating to gas utility rates
• Bill reported to the full Senate with the recommendation it do pass

• HB 3311: Relating to wine alcohol by volume as compared to beer
• Bill reported to the full Senate with the recommendation it do pass

• HB 2587: To reflect that County Sheriffs will be required to include a breakdown of the distribution of where a citizens taxes will be paid
• Bill reported to the full Senate with the recommendation it do pass

• HB 3215: Relating to land use
• Bill reported to the full Senate with the recommendation it do pass

• HB 3261: Relating to Social Workers Qualifications
• Bill reported to the full Senate with the recommendation it do pass

• HB 3210: Relating to the performance of installation of propane gas systems
• Bill reported to the full Senate with the recommendation it do pass

9 a.m.: Education

• HB 2597: Amending performance evaluations of professional personnel
• Bill reported to the full Senate with the recommendation it do pass

• HB 2607: Clarify that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time
• Bill reported to the full Senate with the recommendation it do pass

• HB 3192: Abolishing the Center for Nursing and transferring its duties and authorities to the Higher Education Policy Commission
• Bill reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 3547: Increasing the number of personal leave days that county board of education employees may use
• Bill reported to the full Senate with the recommendation it do pass

• HB 3548: Relating to teacher duty-free lunch and daily planning periods
• Bill reported to the full Senate with the recommendation it do pass

• HCR 11: Relating to Higher Education Consortium for Emerging Energy Technologies
• Resolution reported to the full Senate with the recommendation it be adopted

1 p.m.: Health and Human Resources

• HB 2002: Relating to providing support for families
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2436: Relating to the implementation of an acuity-based patient classification system
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Judiciary

• HB 2538: Requiring usage of child welfare information technology systems
• Bill reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 2759: Relating to updating the health care provider tax
• Bill reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 3166: To permit a hospital to hold a patient experiencing a psychiatric emergency for up to 72 hours
• Bill reported to the full Senate with the recommendation it do pass; second reference to Judiciary
• HB 3199: Relating to removing the requirement that an ectopic pregnancy be reported
• Bill reported to the full Senate with the recommendation it do pass; second reference to Finance

3 p.m.: Judiciary

• Strike and Insert for Com. Sub. for SB 470: Making adoption records accessible for medical purposes
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

• Originating SCR 2: Requesting the Joint Committee on the Judiciary study mandatory shifting of attorney’s fees and costs and potential abrogation of the collateral source rule
• Originating resolution reported to the full Senate with the recommendation it be adopted

• Com. Sub. for HB 2605: Relating to Good Samaritan law
• Bill, as amended, reported to the full Senate with the recommendation it do pass

3 p.m.: Finance

• Com. Sub. for HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program
• Committee substitute reported to the full Senate with the recommendation it do pass

• 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
• Bill reported to the full Senate with the recommendation it do pass

• HB 3391: Establishing filing deadlines for appeals of property tax valuations and issues involving property tax classification and taxability to the West Virginia Office of Tax Appeals
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for Com. Sub. for SB 91: Relating to distribution of certain taxes and surcharges to benefit fire departments and emergency medical services providers

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

Resolutions Adopted by the Senate as of Tuesday, February 28, 2023 (12 – 10 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 10: US Army Air Corps PVT Albert J Sutphin Memorial Highway (Pending House introduction)
• SCR 13: Wyant Brothers Memorial Road (Pending House introduction)
• SCR 14: Supporting Medal of Valor nominees recommended by First Responders Honor Board (House Rules)
• SCR 16: US Army 1SG James Arnold Browning Memorial Bridge (Pending House introduction)
• SCR 17: US Navy HT2 Phillip Joseph "PJ" Hainer Memorial Bridge (Pending House introduction)
• 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 that Have Passed the Senate as of Tuesday, February 28, 2023 (244 – 260 Senate; 32 House)

Bills Pending in Committee

Bills that Have Completed Legislation as of Tuesday, February 28, 2023 (39 – 14 Senate; 25 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 128: Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness (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 (Signed, 02-24)
• 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 (Signed, 02-24)
• HB 2006: Relating to reorganizing the Department of Health and Human Resources (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 2062: Establish rules and regulations for e-bikes in West Virginia that more closely comport to federal law (Completed legislation; awaiting action by the Governor)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (Signed, 02-22)
• 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 2596: To modify when a nonresident student’s transfer may be denied (Completed legislation; awaiting action by the Governor)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Signed, 02-22)
• 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 (Signed, 02-24)
• 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 (Signed, 02-24)
• HB 3042: Relating to forbidding excessive government limitations on exercise of religion (Completed legislation; awaiting action by the Governor)
• HB 3055: To create a vocational math class for students interested in careers in the trades (Completed legislation; awaiting action by the Governor)
• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Signed, 02-24)
• HB 3122: Permitting certain types of rifles using an encapsulated propellant charge that loads from the breech (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)
• HB 3272: Relating to the operation of private trust companies in West Virginia (Completed legislation; awaiting action by the Governor)
• 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 (Completed legislation; awaiting action by the Governor)
• HB 3340: To revise the West Virginia Tax Increment Financing Act (Completed legislation; awaiting action by the Governor)

Bills Signed by the Governor as of Tuesday, February 28, 2023 (25 – 11 Senate; 14 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 239: Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic (Signed, 02-24)
• 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 (Signed, 02-24)
• 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 (Signed, 02-22)
• 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 (Signed, 02-22)
• 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 (Signed, 02-24)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Signed, 02-17)
• HB 2882: Making a supplemental appropriation to the Department of Economic Development (Signed, 02-24)
• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Signed, 02-24)

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.