State Senate

Thursday, March 18, 2021 – 37th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SCR 16: USMC Corporal Roger Lee Boothe Memorial Road
• SCR 28: US Army PVT Thomas D. Beckett, Sr., Memorial Bridge
• SR 21: Recognizing anniversary of SS Sultana tragedy

THIRD READING

• Eng. Com. Sub. for SB 562: Relating to juvenile competency proceedings
• Eng. Com. Sub. for SB 566: Relating to interpretations of school laws
• Eng. Com. Sub. for HB 2372: Allow pre-candidacy papers to be filed the day after the general election
• Eng. Com. Sub. for HB 2682: Relating to the issuance of license suspensions to insurance producers and insurance adjusters who have failed to meet continuing education requirements (original similar to SB 493)

SECOND READING

• Com. Sub. for SB 422: Establishing common law "veil piercing" claims not be used to impose personal liability
• SB 531: Relating to incomplete, duplicative, or redundant claims for refund
• SB 532: Limiting claims for state tax credits and rebates
• Com. Sub. for SB 626: Updating regulation for purchase of automobile catalytic converters
• Eng. HB 2709: Providing that the aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond
• Eng. HB 2764: Allow the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program

FIRST READING

• Com. Sub. for SB 36: Relating to WV Secondary School Activities Commission audits
• Com. Sub. for SB 509: Removing requirement that determination of medical stability be found prior to admission to mental health facility
• Com. Sub. for SB 569: Relating to damages for medical monitoring
• Com. Sub. for SB 636: Requiring certain history and civics courses be taught in schools
• Eng. Com. Sub. for HB 2024: Expand use of telemedicine to all medical personnel - (Com. amend. pending) (original similar to SB 273)
• Eng. HB 2701: Relating to authorizing the Division of Rehabilitation Services to approve acceptable training programs required for low vision individuals to obtain a Class G drivers license (original similar to SB 433)
• Eng. HB 2788: Expiring funds to the unappropriated surplus balance from State Excess Lottery Revenue Fund
• Eng. Com. Sub. for HB 2789: Supplementing and amending the appropriations to Public Defender Services
• Eng. Com. Sub. for HB 2802: Supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Emergency Management
• Eng. Com. Sub. for HB 2803: Supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce, Division of Forestry
• Eng. HB 2804: Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021

Scheduled Committee Meetings

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

• SB 551: Revising forms of living will, medical power of attorney, and combined medical power of attorney and living will
• SB 590: Removing restriction preventing medical marijuana from being in edible form
• SB 644: Exempting certain persons pursuing degree in speech pathology and audiology from license requirements

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

• SB 336: Relating to nonferrous metal sales and transportation to secondary recycler

2 p.m.: Education (451M)

• SB 610: Providing tuition and fee waivers at state higher education institutions for volunteers who have completed service in AmeriCorps programs in WV
• SB 651: Allowing county boards of education to publish financial statements on website
• SB 657: Forming Open and Robust University Minds

2 p.m.: Government Organization (208W)

• SB 436: Relating generally to solid waste facilities
• HB 2007: Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states
• SB 360: Allowing poll workers to work half days
• HB 2621: Mandating certification for certain members of fire departments, require certain types of training, allow specialized personnel who are not firefighters to be members of a department, and require the postings of fire department evaluations
• SB 577: Exempting certain fire departments from licensure requirements for providing rapid response services
• SB 486: Relating to powers and duties of Chief Technology Officer
• SB 487: Updating Division of Purchasing procurement and spending thresholds
• SB 587: Making contract consummation with state more efficient

3 p.m.: Finance (451M)

• SB 524: Correcting amount of current 911 fee
• Com. Sub. for HB 2797: Declaring certain claims to be moral obligations of the State

3 p.m.: Judiciary (208W)

• SB 658: Requiring sheriff's departments to participate and utilize Handle With Care Program for trauma-inflicted children
• SB 361: Extending supervision for conviction of soliciting minor and using obscene matter with intent to seduce minor
• HCR 9: Calling Article V convention proposing term limits to the US House of Representatives
• SJR 7: Motor Vehicle and Other Personal Property Tax Reduction Amendment

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

Senate Bills to be Introduced Thursday, March 18, 2021

• SB 659: Prohibiting insurance companies from raising rates for policies that allow nursing home care (Boley, Clements, Grady, Maroney, Maynard, Phillips, Roberts, Rucker, Smith, Stover, Sypolt, Takubo, Weld; Banking and Insurance)
• SB 660: Providing for cooperation between law-enforcement agencies and military authorities (Weld; Judiciary)
• SB 661: Permitting retailers to assume sales or use tax assessed on tangible personal property (Maynard; Finance)
• SB 662: Exempting personal income tax for certain persons (FN) (Nelson; Finance)
• SB 663: Providing fee for processing of criminal bonds (Swope; Judiciary then Finance)
• SB 664: Establishing public easement by prescription on private property (Maynard; Judiciary)
• SB 665: Exempting parade participants from motorcycle helmet requirements (Hamilton; Transportation and Infrastructure)
• SB 666: Creating Student Journalist Press Freedom Restoration Act (Azinger; Education then Judiciary)
• SB 667: Creating WV New Markets Jobs Act (FN) (Nelson; Finance)
• SCR 29: USMC CPL Harry Edward Dean, Jr., Memorial Bridge (Romano, Martin)
• SCR 30: William Gregory "Greg" White, PE, Memorial Bridge (Nelson, Grady, Takubo)
• SCR 31: Frye Brothers Veteran Memorial Bridge (Romano, Martin)
• SCR 32: Cox Brothers Veteran Memorial Bridge (Romano, Martin, Caputo)
• SCR 33: US Army SGT Lewis M. "Mike" Totten Memorial Road (Lindsay, Jeffries)
• SCR 34: US Air Force TSGT Franklin A. Bradford Bridge (Roberts)
• SR 22: Urging Governor form task force to ask President to invoke Defense Production Act of 1950 (Caputo)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Wednesday, March 17, 2021

9 a.m.: Military

• Com. Sub. for SB 478: Permitting use of established federal marketplace programs to purchase supplies
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 479: Relating to WV veterans service decoration and WV Service Cross
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 586: Providing WV veterans 50 percent off fees and charges at state parks
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• SCR 20: Supporting and celebrating centennial anniversary of Jones Act
• Resolution reported to the full Senate with the recommendation it be adopted

1 p.m.: Economic Development

• Com. Sub. for SB 554: Creating WV Motorsports Entertainment Complex Investment Act
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

3 p.m.: Finance

• SB 395: Expanding PEIA Finance Board membership
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 398: Limiting eligibility of certain employers to participate in PEIA plans
• Committee substitute reported to the full Senate with the recommendation it do pass

3 p.m.: Judiciary

• HB 2905: Relating to repealing the prohibition against the use of certain words
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 565: Relating generally to elections
• Committee substitute reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Wednesday, March 17, 2021 (105 Senate; 13 House)

Resolutions Adopted by the Senate as of Wednesday, March 17, 2021 (7)

• SCR 4: Recognizing June 19 as Juneteenth Day (Adopted, 03-15)
• SCR 6: US Navy Seaman 2nd Class Wilbur 'Webb' Hahn and John W. Hahn Memorial Bridge (House Technology and Infrastructure)
• SCR 8: Fire Chief Kenneth Junior Russell Memorial Bridge (House Technology and Infrastructure)
• SCR 9: Haynie Family Veterans Memorial Bridge (House Technology and Infrastructure)
• SCR 13: Urging Adjutant General to establish Honor Guard in each unit to perform military funeral honors (House Veterans Affairs and Homeland Security)
• SCR 15: Extending certain leases between US Army Corps of Engineers and Nicholas County Airport Authority (Adopted, 03-16)

• SJR 4: Incorporation of Churches or Religious Denominations Amendment (House Judiciary)

House Bills and Resolutions Pending in the Senate as of Wednesday, March 17, 2021 (84 bills; 10 Resolutions)

• HB 2001: Relating generally to creating the West Virginia Jumpstart Savings Program (Completed; awaiting action by Governor)
• HB 2002: Relating to Broadband (Government Organization)
• HB 2003: Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency (Government Organization)
• HB 2005: Relating to health care costs (Health and Human Resources)
• HB 2006: Relating to the West Virginia Contractor Licensing Act (Completed; awaiting action by Governor)
• HB 2007: Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states (Government Organization)
• HB 2008: Amending requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers (Passed; pending House concurrence to Senate amendment)
• HB 2009: Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities (Passed; pending House concurrence to Senate amendment)
• HB 2011: Eliminating any time requirements for part time personnel to work during a working year (Completed; awaiting action by Governor)
• HB 2012: Relating to public charter schools (Signed, 03-12)
• HB 2013: Relating to the Hope Scholarship Program (Completed; awaiting action by Governor)
• HB 2014: Relating to role of the Legislature in appropriating federal funds (Finance)
• HB 2019: Elevating Economic Development and Tourism Departments (Signed, 03-08)
• HB 2024: Expand use of telemedicine to all medical personnel (S First Reading, 03-18)
• HB 2025: Provide liquor, wine, and beer licensees with some new concepts developed during the State of Emergency utilizing new technology to provide greater freedom to operate in a safe and responsible manner (Judiciary)
• HB 2093: Relating to exemptions for the United States Department of Veterans Affairs Medical Foster Homes (Health and Human Resources)
• HB 2094: Relating to the juvenile restorative justice programs (Judiciary)
• HB 2184: Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug (Judiciary)
• HB 2221: Relating to the establishment of an insurance innovation process (Banking and Insurance)
• HB 2253: Relating to forgery and other crimes concerning lottery tickets (Judiciary)
• HB 2257: Relating to extended supervision for certain drug offenders (Judiciary)
• HB2260: Relating to procurement of child placing services (Health and Human Resources)
• HB 2262: Relating to the controlled substance monitoring database (Signed, 03-10)
• HB 2263: Update the regulation of pharmacy benefit managers (Passed; pending House concurrence to Senate amendment)
• HB 2264: Hospital exemptions from certificate of need (Health and Human Resources)
• HB 2265: Relating to collaborative pharmacy practice and updating rulemaking authority (Health and Human Resources)
• HB 2267: Establishing an optional bus operator in residence program for school districts (Education)
• HB 2290: Initiating a State Employment First Policy to facilitate integrated employment of disabled persons (Finance)
• HB 2325: Removing the requirement of continuing education for barbers and cosmetologists (Government Organization)
• HB 2335: Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor (Judiciary)
• HB 2358: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-24)
• HB 2359: Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act (Signed, 02-24)
• HB 2363: Relating to “Best Interests of the Child Protection Act of 2021” (Judiciary)
• HB 2366: Requiring agencies who have approved a proposed rule that affects fees or other special revenues to provide to the committee a fiscal note (Government Organization)
• HB 2372: Allow pre-candidacy papers to be filed the day after the general election (S Third Reading, 03-18)
• HB 2379: Make criminal invasion of privacy a felony (Judiciary)
• HB 2382: Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards (Judiciary)
• SB 2400: Authorizing the Department of Transportation to promulgate legislative rules (Pending Senate introduction)
• HB 2500: Create an act for Statewide Uniformity for Auxiliary Container Regulations (Government Organization)
• HB 2507: Remove the limitations on advertising and promotional activities by limited video lottery retailers (Judiciary)
• HB 2529: Prohibiting West Virginia institutions of higher education from discriminating against graduates of private, nonpublic or home schools by requiring them to submit to alternative testing (Education)
• HB 2598: Altering the definition of an above ground storage tank (Judiciary)
• HB 2616: Amend the reporting to the Governor and the Legislature to have information continuously available on the Office of Health Facility Licensure and Certification’s website (Passed; pending House concurrence to Senate amendment)
• HB 2621: Mandating certification for certain members of fire departments, require certain types of training, allow specialized personnel who are not firefighters to be members of a department, and require the postings of fire department evaluations (Government Organization)
• HB 2671: Relating to financial exploitation of elderly persons, protected persons or incapacitated adults (Judiciary)
• HB 2674: Relating to the administration of anesthetics (Health and Human Resources)
• HB 2682: Relating to the issuance of license suspensions to insurance producers and insurance adjusters who have failed to meet continuing education requirements (S Third Reading, 03-18)
• HB 2688: Allow county political parties to have building funds in a similar manner that state parties are allowed (Judiciary)
• HB 2701: Relating to authorizing the Division of Rehabilitation Services to approve acceptable training programs required for low vision individuals to obtain a Class G drivers license (S First Reading, 03-18)
• HB 2705: Authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments (Judiciary)
• HB 2709: Providing that the aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond (S Second Reading, 03-18)
• HB 2722: Prohibiting the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals (Government Organization)
• HB 2758: Requiring the Insurance Commissioner to regulate professional bondsmen (Judiciary)
• HB 2763: Creating WV Cyber Incident Reporting (Government Organization)
• HB 2764: Allow the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program (Judiciary)
• HB 2765: Relating to allowing emergency management and operations’ vehicles operated by airports to use red flashing warning lights (Transportation and Infrastructure)
• HB 2770: Including home confinement officers in definition of law-enforcement officers (Judiciary)
• HB 2776: Creating the Air Ambulance Patient Protection Act (Judiciary)
• HB 2788: Expiring funds to the unappropriated surplus balance from State Excess Lottery Revenue Fund (S First Reading, 03-18)
• HB 2789: Supplementing and amending the appropriations to Public Defender Services (Householder) (S First Reading, 03-18)
• HB 2791: Relating to enrollment and costs of homeschooled or private school students at vocational schools (Education)
• SB 2794: To extend the Neighborhood Investment Program Act to July 1, 2026 (Pending Senate introduction)
• HB 2797: Declaring certain claims to be moral obligations of the State (Finance)
• HB 2802: Supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Homeland Security, Division of Emergency Management (S First Reading, 03-18)
• HB 2803: Supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce, Division of Forestry (S First Reading, 03-18)
• HB 2804: Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021 (S First Reading, 03-18)
• SB 2817: Donated Drug Repository Program (Pending Senate introduction)
• HB 2834: Adding the Curator of the West Virginia Division of Arts, Culture and History as an ex officio voting member of the commission (Government Organization)
• HB 2852: Relating to distribution of the allowance for increased enrollment (Education)
• HB 2877: Expand direct health care agreements beyond primary care to include more medical care services (Health and Human Resources)
• HB 2888: Relating to when contentions can be revived based on forensic scientific evidence that was not available at time of conviction (Judiciary)
• HB 2891: Creating minimum statutory standards for law-enforcement officers (Judiciary)
• HB 2905: Relating to repealing the prohibition against the use of certain words (Judiciary)
• HB 2906: Relating to the School Building Authority’s allocation of money (Education)
• HB 2916: Creating the Semiquincentennial Commission for the celebration of the 250th anniversary of the founding of the United States of America (Government Organization)
• HB 2932: Protections for Charitable Organizations (Judiciary)
• HB 2957: Relating to the repeal of outdated code sections (Government Organization)
• HB 2958: Relating to repealing outdated sections of state code (Government Organization)
• HB 2969: To clarify the procedures for the sale and operation of a municipally owned toll bridge by a private toll transportation facility (Government Organization)
• HB 2972: Allowing a person to manufacture a stated amount of alcoholic liquor for personal consumption (Judiciary)
• SB 3078: Relating to powers and duties of the parole board (Pending Senate introduction)
• SB 3081: Updating the West Virginia Business Corporations Act (Pending Senate introduction)
• SB 3128: Relating to carrier fees on 911 fee revenues (Pending Senate introduction)
• SB 3133: Relating to motor carrier rates (Pending Senate introduction)
• HJR 1: Education Accountability Amendment (Judiciary)
• HJR 2: 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 (Finance)
• HCR 8: U.S. Army SFC Guy Hively Memorial Bridge (Transportation and Infrastructure)
• HCR 9: Urging Congress to call a convention of states to limit terms of office of the US House of Representatives (Judiciary)
• HCR 13: TEC 5 U. S. Army Donald “Tiny” Lucas Memorial Bridge (Transportation and Infrastructure)
• HCR 15: Rare Disease Day (Health and Human Resources)
• HCR 16: PFC Franklin D. Frazier Memorial Road (Transportation and Infrastructure)
• HCR 23: Declaring March 4, 2021 to be Sexual Assault Awareness Day in West Virginia (Rules)
• HCR 32: To name Gatewood Road in Fayette County as the “Senator Shirley Love Memorial Road.” (Transportation and Infrastructure)
• HCR 35: Requesting the Department of Health and Human Resources to continuously evaluate the child welfare system (Health and Human Resources)

Bills and Resolutions that Have Completed Legislation as of Wednesday, March 17, 2021 (25 – 16 Senate; 9 House)

Bills Signed by the Governor as of Wednesday, March 17, 2021 (11 – 6 Senate; 5 House)

• SB 12: Relating to local health department accountability (Signed, 03-16)
• SB 14: Providing for additional options for alternative certification for teachers (Signed, 03-10)
• SB 216: Authorizing Department of Commerce to promulgate legislative rules (Signed, 03-16)
• SB 345: Expanding alcohol test and lock program to include offenders with drug-related offense (Signed, 03-16)
• SB 358: Removing prohibition on ATMs located in area where racetrack video lottery machines are located (Signed, 03-16)
• SB 459: Relating to return of member's paid contributions to heirs after member's death under certain circumstances (Signed, 03-16)
• HB 2012: Relating to public charter schools (Signed, 03-12)
• HB 2019: Elevating Economic Development and Tourism Departments (Signed, 03-08)
• HB 2262: Relating to the controlled substance monitoring database (Signed, 03-10)
• HB 2358: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-24)
• HB 2359: Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act (Signed, 02-24)

Bills that Became Law Without Governor’s Signature as of Wednesday, March 17, 2021 (1)

• SB 11: Declaring work stoppage or strike by public employees to be unlawful (Became Law Without Signature, 03-16)

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.