House Abstract

HOUSE ABSTRACT

2021 Regular Session

CONTAINING

Active House Bills as of February 18, 2021

*Denotes Committee Substitutes

ACTIVE HOUSE BILLS

*2003. By Del. Summers, McGeehan, Phillips, Smith, Toney, Bruce, Kimes, Ellington, Riley, Jeffries, D. and Worrell - Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency - Introduced 2/10/2021 - To Judiciary - Amended - On 3rd reading, Special Calendar 2/19/2021

*2004. By Del. Summers, Rohrbach, Worrell, Tully, Ward, B., Pack, L., Reynolds, Rowan, Westfall, Pack, J. and Espinosa - Permit a licensed health care professional from another state to practice in this state through telehealth when registered with the appropriate West Virginia board - Introduced 2/10/2021 - To Health and Human Resources - On 2nd reading, House Calendar 2/19/2021

*2007. By Del. Espinosa, Foster, Horst, Hamrick, Howell, Miller, Steele, Holstein, Clark, Keaton and Burkhammer - Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states (original similar to SB269) - Introduced 2/10/2021 - To Government Organization - Amended - Passed House 2/18/2021

*2008. By Del. Foster, Horst, Hamrick, Howell, Espinosa, Steele, Holstein, Clark, Keaton and Burkhammer - Amending requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers - Introduced 2/10/2021 - To Government Organization - On 2nd reading, Special Calendar 2/19/2021

*2009. By Del. Foster, Burkhammer, Kimes, Higginbotham, Forsht, Keaton, Espinosa and Pritt - Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities - Introduced 2/10/2021 - To Judiciary - Amended - On 3rd reading, Special Calendar 2/19/2021

*2011. By Del. Capito, Howell, Pack, L., Reynolds, Clark, Linville, Espinosa and Storch - Eliminating any time requirements for part time personnel to work during a working year - Introduced 2/10/2021 - To Government Organization - Passed House 2/17/2021 - To Senate 2/18/2021 - To Government Organization

*2013. By Del. Ellington, Higginbotham, Summers, Hanna, Pinson, Wamsley, Kimble, Jeffries, D., Espinosa, Clark and Horst - Relating to the Hope Scholarship Program - Introduced 2/10/2021 - To Education then Finance - To House Finance 2/12/2021 - Amended - Amended - Passed House 2/18/2021 - Title amended

*2014. By Del. Kimes, Fast, Pritt, Ferrell, Bridges, Hanna, Mandt, Toney, Reynolds, Statler and Storch - Relating to role of the Legislature in appropriating federal funds - Introduced 2/10/2021 - To Finance - On 3rd reading, Special Calendar 2/19/2021

*2015. By Del. Rohrbach, Anderson, Mandt, Tully, Pritt, Phillips, Toney, Jeffries, J., Bruce, Barnhart and Reynolds - Requiring rules of local boards of health to be approved by the county commission except in cases of a public health emergency - Introduced 2/10/2021 - To Health and Human Resources - On 2nd reading, House Calendar 2/19/2021

2019. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] - Elevating Economic Development and Tourism Departments (original similar to SB274) - Introduced 2/12/2021 - To Government Organization - Passed House 2/17/2021 - To Senate 2/18/2021 - To Finance

2253. By Del. Steele - Relating to forgery and other crimes concerning lottery tickets - Introduced 2/10/2021 - To Judiciary - On 2nd reading, Special Calendar 2/19/2021

*2260. By Del. Pack, J., Rohrbach, Summers, Longanacre, Rowan, Ward, G., Forsht, Smith, Steele, Espinosa and Barrett - Relating to procurement of child placing services - Introduced 2/10/2021 - To Health and Human Resources then Judiciary - To House Judiciary 2/12/2021 - On 1st reading, Special Calendar 2/19/2021

*2263. By Del. Pack, J., Rohrbach, Summers, Ward, G., Forsht, Smith, Worrell, Bates and Walker - Update the regulation of pharmacy benefit managers - Introduced 2/10/2021 - To Health and Human Resources - Passed House 2/17/2021 - To Senate 2/18/2021 - To Health and Human Resources

2290. By Del. Graves, Ferrell, Conley, Jeffries, D., Ward, G., Kimble, Horst, Jennings, Ward, B., Tully and Mazzocchi - Initiating a State Employment First Policy to facilitate integrated employment of disabled persons - Introduced 2/10/2021 - To Workforce Development then Government Organization - To House Government Organization 2/18/2021

*2325. By Del. Foster - Removing the requirement of continuing education for barbers and cosmetologists - Introduced 2/12/2021 - To Government Organization - On 3rd reading, Special Calendar 2/19/2021

2338. By Del. Westfall - Adding pasteurized milk and other dairy foods produced or processed in West Virginia to the list of items required to be purchased by all state-funded institutions - Introduced 2/12/2021 - To Agriculture and Natural Resources then Finance - To House Finance 2/18/2021

*2358. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] - Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (original similar to SB276) - Introduced 2/12/2021 - To Finance - Passed House 2/15/2021 - Effective from passage - To Senate 2/16/2021 - To Finance - Constitutional rule suspended - Passed Senate 2/18/2021 - Effective from passage

2359. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] - Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act (original similar to SB271) - Introduced 2/12/2021 - To Finance - Passed House 2/15/2021 - Effective from passage - To Senate 2/16/2021 - To Finance - Constitutional rule suspended - Passed Senate 2/18/2021 - Effective from passage

2366. By Del. Foster, Espinosa, Steele, Graves, Martin and Hardy - Requiring agencies who have approved a proposed rule that affects fees or other special revenues to provide to the committee a fiscal note - Introduced 2/13/2021 - To Government Organization - On 3rd reading, Special Calendar 2/19/2021

2500. By Del. Foster, Dean, Steele, Mandt and Jeffries, J. - Create an act for Statewide Uniformity for Auxiliary Container Regulations - Introduced 2/15/2021 - To Government Organization - On 1st reading, Special Calendar 2/19/2021

2536. By Del. Higginbotham, Horst and Longanacre (Originating in House Education) - Relating to expressions of legislative intent regarding equivalent instruction time - Introduced 2/15/2021 - On 2nd reading, House Calendar 2/19/2021

2582. By Del. Ellington, Higginbotham, Hanna, Hamrick, Clark, Horst and Longanacre (Originating in House Education) - Relating to creating a third set of conditions for the professional teaching certificate - Introduced 2/16/2021 - On 1st reading, House Calendar 2/19/2021

BILLS INTRODUCED AND REFERRED

Thursday, February 18, 2021

2591. By Del. Keaton and Holstein - Allowing drug courts to establish their own process for accrediting community drug recovery programs in certain cases - Introduced 2/18/2021 - To Judiciary

2592. By Del. Summers, Howell, Phillips, Jeffries, J., Sypolt, Riley, Haynes, Ward, G., Higginbotham, Kimble and Keaton - Require Counties and Municipalities to hold all local elections during statewide elections - Introduced 2/18/2021 - To Political Subdivisions then Judiciary

2593. By Del. Keaton, Haynes, Pinson, Wamsley, Pack, L., Burkhammer and Ward, B. - Amending the standard of proof for awarding damages in civil litigation - Introduced 2/18/2021 - To Judiciary

2594. By Del. Keaton, Wamsley and Holstein - Creating the Unborn Infants Wrongful Death Act - Introduced 2/18/2021 - To Judiciary

2595. By Del. Keaton, Holstein, Barnhart and Wamsley - Prohibit “divisive concepts” from schools, state agencies and any groups receiving state funding - Introduced 2/18/2021 - To Workforce Development then Education then Judiciary

2596. By Del. Keaton - Increase the State Police Retirement Benefit multiplier - Introduced 2/18/2021 - To Pensions and Retirement then Finance

2597. By Del. Jeffries, J., Dean, Pack, J., Horst, Mazzocchi, Kimble, Pinson, Martin and Summers - Prohibiting county airport authorities from making or adopting rules prohibiting possession of firearms in public - Introduced 2/18/2021 - To Technology and Infrastructure then Judiciary

2598. By Del. Kelly, J., Anderson, Mandt, Horst, Barnhart, Conley, Cooper, Zatezalo, Queen, Rohrbach and Graves - Alter the definition of an above ground storage tank - Introduced 2/18/2021 - To Energy and Manufacturing

2599. By Del. Doyle - Establish fee Retailers to Pay Wholesalers for purchase of plastic bags - Introduced 2/18/2021 - To Small Business, Entrepreneurship and Economic Development then Finance

ALL HOUSE JOINT RESOLUTIONS OFFERED

*1. By Del. Kimble, Hanna, Jeffries, J., Hamrick, Horst, Smith, Clark, Espinosa, Ellington, Keaton and Bruce (Originating in House ) - Supervision of Free Schools Modification Amendment - Introduced 2/11/2021 - To Education then Judiciary - To House Judiciary 2/13/2021 - On 1st reading, Special Calendar 2/19/2021

2. By Del. Anderson, Pack, L., Westfall, Howell, Kimble, Fast, Kelly, D., Jeffries, J., Pritt, Horst and Phillips - Providing that courts have no authority or jurisdiction to intercede or intervene in, or interfere with, any impeachment proceedings of the House of Delegates or the Senate - Introduced 2/11/2021 - To Judiciary - On 1st reading, House Calendar 2/19/2021

3. By Del. Nestor, Mallow, Forsht, Wamsley, Clark, Barnhart, Kimes, Horst, Holstein and Reed - Property Tax Modernization Amendment - Introduced 2/11/2021 - To Finance then Judiciary

4. By Del. Bates - State Apportionment Commission - Introduced 2/11/2021 - To Political Subdivisions then Judiciary

5. By Del. Fleischauer, Boggs, Pethtel and Hansen - Allowing citizens to participate directly in the formation of legislative districts - Introduced 2/11/2021 - To Political Subdivisions then Judiciary

6. By Del. Doyle - Requiring two-thirds vote of the Legislature to override a veto by the Governor amendment - Introduced 2/11/2021 - To Judiciary

7. By Del. Jeffries, J. - Requiring a two-thirds vote in each house of the Legislature to increase any tax or fee - Introduced 2/11/2021 - To Finance then Judiciary

8. By Del. Linville and Rohrbach - Giving the Legislature discretion in appropriating revenue generated from motor vehicle registrations and nongame wildlife motor vehicle registration plates - Introduced 2/11/2021 - To Technology and Infrastructure then Judiciary

9. By Del. McGeehan - Super-Majority Required for Passage of Tax Bill Amendment - Introduced 2/11/2021 - To Finance then Judiciary

10. By Del. Howell - SENIOR CITIZEN HOMESTEAD VALUATION AMENDMENT - Introduced 2/11/2021 - To Finance then Judiciary

11. By Del. Howell, Fleischauer and Martin - Giving the Legislature more control over the manufacture and sale of alcohol amendment - Introduced 2/11/2021 - To Government Organization then Judiciary

12. By Del. Hansen, Fleischauer, Doyle, Young, Walker, Williams, Pushkin and Barach - Natural Resources and the Public Estate Amendment - Introduced 2/11/2021 - To Agriculture and Natural Resources then Judiciary

13. By Del. Steele - Guaranteeing the right of the citizens of West Virginia to hunt and fish - Introduced 2/11/2021 - To Agriculture and Natural Resources then Rules

14. By Del. McGeehan, Jeffries, J., Fast, Paynter, Hanna and Martin - Taxpayers Bill of Rights - Introduced 2/12/2021 - To Finance then Judiciary

15. By Del. Steele, McGeehan, Howell and Higginbotham - Disabled Veteran’s Property Tax Exemption Amendment - Introduced 2/12/2021 - To Finance then Judiciary

16. By Del. Bates - Term Limits for Senators and Delegates in the West Virginia Legislature - Introduced 2/12/2021 - To Judiciary

17. By Del. Foster - Manufacturing inventory and equipment tax exemption amendment - Introduced 2/12/2021 - To Finance then Judiciary

18. By Del. Higginbotham - Relating to creating split legislative regular sessions - Introduced 2/13/2021 - To Government Organization then Judiciary

19. By Del. Fast - Repealing the business and inventory ad valorem tangible personal property tax - Introduced 2/16/2021 - To Finance then Judiciary

ALL HOUSE CONCURRENT RESOLUTIONS OFFERED

1. By Del. Hanshaw (Mr. Speaker) - Raising a Joint Assembly to open and publish election returns - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021 - To Senate 1/13/2021 - Committee reference dispensed - Adopted by Senate 1/13/2021

2. By Del. Hanshaw (Mr. Speaker) - Providing for an adjournment of the Legislature until February 10, 2021 - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021 - To Senate 1/13/2021 - Committee reference dispensed - Adopted by Senate 1/13/2021

3. By Mr. Speaker - Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor - Introduced 2/10/2021 - Reference dispensed - Adopted by House 2/10/2021 - To Senate 2/10/2021 - Adopted by Senate 2/10/2021

4. By Del. Linville - Private First Class Herman Harold Lucas Memorial Bridge - Introduced 2/11/2021 - To Technology and Infrastructure then Rules

ALL HOUSE RESOLUTIONS OFFERED

1. By Del. Hanshaw (Mr. Speaker) - Adopting Rules of the House of Delegates - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

2. By Del. Hanshaw (Mr. Speaker) - Authorizing the publication of a Legislative Manual and authorizing payment of travel and other expenses of the House - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

3. By Del. Hanshaw (Mr. Speaker) - Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

4. By Del. Hanshaw (Mr. Speaker) - Authorizing the appointment of employees for this, the First Regular Session of the Eighty-fifth Legislature, Two Thousand Twenty-one - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

5. By Del. Hanshaw (Mr. Speaker) - Implementing pandemic safety procedures for the 2021 regular session - Introduced 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

6. By Mr. Speaker - Amending House Rules 104, 112 and 131, relating to the Delegate Console System - Introduced 2/10/2021 - Reference dispensed - Adopted by House 2/10/2021

7. By Del. Holstein, Wamsley, Kimble, Mazzocchi, Barnhart, Hanna, Ferrell, Keaton, Mandt, Zatezalo, Bridges, Haynes, Horst, Longanacre, Sypolt and Ward, B. - A resolution condemning the “Defund the Police” movement. - Introduced 2/15/2021 - To Veterans' Affairs and Homeland Security then Rules

HOUSE BILLS PASSED HOUSE AND COMMUNICATED TO SENATE

*2001. By Del. Hanshaw (Mr. Speaker), Queen, Barrett, Ward, G., Hott, Maynard, Pack, J., Riley, Pack, L., Rowan and Westfall - Relating generally to creating the West Virginia Jumpstart Savings Program - Introduced 2/10/2021 - To Education - Passed House 2/16/2021 - To Senate 2/17/2021 - To Education

*2005. By Del. Jeffries, D., Ward, B., Rohrbach, Ward, G., Holstein, Worrell, Sypolt, Tully, Summers, Pinson and Burkhammer - Relating to health care costs - Introduced 2/10/2021 - To Health and Human Resources - Passed House 2/16/2021 - To Senate 2/17/2021 - To Health and Human Resources

*2006. By Del. Howell, Espinosa, Foster, Horst, Hamrick, Miller, Steele, Holstein, Clark, Keaton and Burkhammer - Relating to the West Virginia Contractor Licensing Act - Introduced 2/10/2021 - To Government Organization - Passed House 2/16/2021 - To Senate 2/17/2021 - To Government Organization

*2012. By Del. Smith, Clark, Kimble, Higginbotham, Wamsley and Espinosa - Relating to public charter schools - Introduced 2/10/2021 - To Education - Amended - Passed House 2/16/2021 - To Senate 2/17/2021 - To Education

2262. By Del. Rohrbach, Pack, J., Summers, Ward, G., Smith, Steele, Espinosa and Worrell - Relating to the controlled substance monitoring database - Introduced 2/10/2021 - To Health and Human Resources - Passed House 2/16/2021 - To Senate 2/17/2021 - To Health and Human Resources

*2264. By Del. Pack, J., Rohrbach, Summers, Rowan, Longanacre, Ward, G., Forsht and Smith - Hospital exemptions from certificate of need - Introduced 2/10/2021 - To Health and Human Resources - Passed House 2/16/2021 - Effective from passage - To Senate 2/17/2021 - To Health and Human Resources

ALL SENATE BILLS PASSED BY SENATE AND COMMUNICATED TO HOUSE

*9. By Sen. Tarr, Weld, Jeffries, Phillips, Nelson, Takubo, Maroney and Woodrum - Continuing Licensed Racetrack Modernization Fund - Introduced 2/10/2021 - To Finance - Com. sub. reported 2/12/2021 - Passed Senate 2/16/2021 - To House 2/17/2021 - To Finance

10. By Sen. Tarr, Weld, Jeffries, Phillips, Nelson, Takubo, Maroney and Woodrum - Modifying racetrack licensing due date - Introduced 2/10/2021 - To Finance - Passed Senate 2/16/2021 - To House 2/17/2021 - To Finance

*14. By Sen. Rucker, Roberts, Takubo, Maroney and Swope - Providing for additional options for alternative certification for teachers - Introduced 2/10/2021 - To Education - Com. sub. reported 2/15/2021 - Passed Senate 2/18/2021

*15. By Sen. Rucker, Roberts and Takubo - Relating generally to in-field master’s degree - Introduced 2/10/2021 - To Education then Finance - Com. sub. reported 2/13/2021 - 2nd reference dispensed - Amended - Passed Senate with amended title 2/18/2021

*34. By Sen. Tarr - Creating exemption to state sales and use tax for rental and leasing of equipment - Introduced 2/10/2021 - To Finance - Com. sub. reported 2/12/2021 - Passed Senate 2/16/2021 - Effective July 1, 2021 - To House 2/17/2021 - To Finance

78. By Sen. Trump - Relating to rehabilitative spousal support - Introduced 2/10/2021 - To Judiciary - Passed Senate 2/16/2021 - To House 2/17/2021 - To Judiciary

*81. By Sen. Trump - Relating generally to WV Uniform Trust Code - Introduced 2/10/2021 - To Judiciary - Com. sub. reported 2/12/2021 - Passed Senate 2/16/2021 - Effective from passage - To House 2/17/2021 - To Judiciary

*126. By Sen. Sypolt - Authorizing Department of Administration to promulgate legislative rules (original similar to HB2422) - Introduced 2/11/2021 - To Judiciary - Com. sub. reported 2/12/2021 - Passed Senate 2/16/2021 - Effective from passage - To House 2/17/2021 - To Judiciary

140. By Sen. Sypolt - Division of Rehabilitation Services rule relating to Ron Yost Personal Assistance Services Act Board (original similar to HB2426) - Introduced 2/11/2021 - To Judiciary - Passed Senate 2/16/2021 - Effective from passage - To House 2/17/2021 - To Judiciary

*156. By Sen. Sypolt - Authorizing Department of Homeland Security to promulgate legislative rules (original similar to HB2442) - Introduced 2/11/2021 - To Judiciary - Com. sub. reported 2/12/2021 - Passed Senate 2/16/2021 - Effective from passage - To House 2/17/2021 - To Government Organization

*216. By Sen. Sypolt - Authorizing Department of Commerce to promulgate legislative rules (original similar to HB2392) - Introduced 2/11/2021 - To Judiciary - Com. sub. reported 2/13/2021 - Passed Senate 2/17/2021 - Effective from passage - To House 2/18/2021 - To Judiciary

SENATE CONCURRENT RESOLUTIONS ADOPTED BY SENATE AND COMMUNICATED TO HOUSE

1. By Sen. Blair (Mr. President), Takubo and Baldwin - Adopting joint rules of Senate and House of Delegates - Introduced 1/13/2021 - Committee reference dispensed - Adopted by Senate 1/13/2021 - To House 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

2. By Sen. Blair (Mr. President), Tarr and Baldwin - Authorizing payment of expenses of 85th Legislature - Introduced 1/13/2021 - Committee reference dispensed - Adopted by Senate 1/13/2021 - To House 1/13/2021 - Reference dispensed - Adopted by House 1/13/2021

4. By Sen. Rucker, Woelfel, Swope, Trump, Caputo, Roberts, Phillips and Weld - Recognizing June 19 as Juneteenth Day - Introduced 2/15/2021 - Committee reference dispensed - Adopted by Senate 2/16/2021 - To House 2/17/2021 - To Rules - To House Rules 2/17/2021

HOUSE BILLS PASSED LEGISLATURE

HOUSE CONCURRENT RESOLUTIONS ADOPTED BY BOTH HOUSES

1. By Del. Hanshaw (Mr. Speaker) - Raising a Joint Assembly to open and publish election returns - Adopted 1/13/2021

2. By Del. Hanshaw (Mr. Speaker) - Providing for an adjournment of the Legislature until February 10, 2021 - Adopted 1/13/2021

3. By Mr. Speaker - Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor - Adopted 2/10/2021

SENATE CONCURRENT RESOLUTIONS ADOPTED BY BOTH HOUSES

1. By Sen. Blair (Mr. President), Takubo and Baldwin - Adopting joint rules of Senate and House of Delegates - Adopted 1/13/2021

2. By Sen. Blair (Mr. President), Tarr and Baldwin - Authorizing payment of expenses of 85th Legislature - Adopted 1/13/2021

HOUSE BILLS VETOED BY GOVERNOR

SENATE BILLS VETOED BY GOVERNOR

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House Abstract