State Senate

Friday, April 2, 2021 – 52nd Day of Session

The Senate will convene at 10 a.m.

UNFINISHED BUSINESS

• SCR 58: Requesting study on possible incentives to county boards of education showing consistent academic growth
• SCR 59: Requesting study on creating third tier within PERS for public safety employees
• SR 36: Recognizing Cabell County Public Library on being named as finalist for 2021 National Medal for Museum and Library Service
• SR 37: Memorializing life of Gilbert Benton "Gib" Miller, Sr.

THIRD READING

• Eng. HB 2253: Relating to forgery and other crimes concerning lottery tickets
• Eng. HB 2888: Relating to when contentions can be revived based on forensic scientific evidence that was not available at time of conviction
• Eng. HB 3081: Updating the West Virginia Business Corporations Act

SECOND READING

• Eng. HB 2028: Exempting veterinarians from the requirements of controlled substance monitoring
• Eng. 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
• Eng. Com. Sub. for HB 2427: Authorizing the Department of Health and Human Resources to promulgate legislative rules - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for 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 - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 2633: Creating the 2021 Farm Bill - (Com. amend. pending)
• Eng. Com. Sub. for HB 2763: Creating WV Cyber Incident Reporting - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 2765: Relating to allowing emergency management and operations’ vehicles operated by airports to use red flashing warning lights - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HB 2785: Relating to public school enrollment for students from out of state - (Com. amend. and title amend. pending)
• Eng. HB 2791: Relating to enrollment and costs of homeschooled or private school students at vocational schools
• Eng. Com. Sub. for HB 2877: Expand direct health care agreements beyond primary care to include more medical care services
• Eng. HB 2906: Relating to the School Building Authority’s allocation of money
• Eng. HB 2915: Relating to public records management and preservation
• Eng. Com. Sub. for HB 2916: Creating the Semiquincentennial Commission for the celebration of the 250th anniversary of the founding of the United States of America - (Com. amend. pending)
• Eng. HB 2957: Relating to the repeal of outdated code sections
• Eng. HB 2958: Relating to repealing outdated sections of state code
• Eng. HB 3045: Relating to firefighter disability claims

FIRST READING

• Com. Sub. for SB 125: Budget Bill
• SB 490: Supplemental appropriation from General Revenue to Department of Veterans’ Assistance (original similar to HB 2895)
• Eng. Com. Sub. for HB 2005: Relating to health care costs - (Com. amend. pending)
• Eng. Com. Sub. for HB 2093: Relating to exemptions for the United States Department of Veterans Affairs Medical Foster Homes - (Com. amend. pending)
• Eng. HB 2379: Make criminal invasion of privacy a felony - (Com. amend. pending)
• Eng. Com. Sub. for HB 2760: Relating to economic development incentive tax credits (original similar to SB 447)
• Eng. HB 2768: Supplementing, amending and increasing an existing item of appropriation from the State Road Fund, to the Department of Transportation, Division of Highways
• Eng. Com. Sub. for HB 2769: Supplementing, amending and increasing items of existing appropriation from the State Road Fund to the Department of Transportation, Division of Motor Vehicles
• Eng. Com. Sub. for HB 2770: Including home confinement officers in definition of law-enforcement officers - (Com. amend. and title amend. pending)
• Eng. HB 2790: Supplementing, amending, decreasing, and increasing items of existing appropriation to Division of Highways
• Eng. Com. Sub. for HB2823: Exempting buildings or structures utilized exclusively for agricultural purposes from the provisions of the State Building Code
• Eng. HB 2829: Providing for the amortization of annual funding deficiencies for municipal police or firefighter pension and relief funds (original similar to SB 625)
• Eng. HB 3130: Relating to elimination of sunset provisions concerning towing rates - (Com. amend. pending)
• Eng. HB 3175: Relating to removing certain felonies than can prohibit vehicle salespersons from receiving a license - (Com. amend. and title amend. pending)
• Eng. HB 3191: Requiring employers to send certain notifications when retirants are hired as temporary, part-time employees - (Com. amend. pending)
• Eng. HB 3298: Making a supplemental appropriation to Dept. of Commerce, Dept. of Education, Senior Services and Civil Contingent Fund
• Eng. HB 3300: Relating to reducing personal income tax rates generally - (Com. amend. and title amend. pending)
• Eng. Com. Sub. for HJR 1: Education Accountability Amendment - (Com. amend. and title amend. pending)
• Eng. HJR2: 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

Scheduled Committee Meetings

8 a.m.: Conference Committee (Senate President’s Conference Room)

• Eng. Com. Sub. for HB 2003: Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency (Senators Trump, Clements, Baldwin; Delegates Summers, J. Pack, N. Brown)

9 a.m.: Military (208W)

• HB 2874: Extend the current veteran’s business fee waivers to active duty military members and spouses
• SCR 45: Dennis E. Davis Veterans Nursing Home
• Originating SCR 1: Suicide prevention program to be established by the Department of Veterans Assistance

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

Resolutions to be Introduced on Friday, April 2, 2021

• SR 38: Recognizing Ben Ferrell on his achievements in archery (Phillips)
• SR 39: Congratulating Miss Pre-Teen USA, 2020, Tiarah Thompson, on her achievements (Grady)

Committee Action on Bills from Thursday, April 1, 2021

1 p.m.: Health and Human Resources

• HB 2982: Relating to Second Chance at Life Act of 2021
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Judiciary

• HB 2368: Mylissa Smith’s Law creating patient visitation privileges
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Judiciary

• HB 2266: Relating to expanding certain insurance coverages for pregnant women
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 2093: Relating to exemptions for the US Dept of Veterans Affairs Medical Foster Homes
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2005: Relating to health care costs
• Bill, as amended, reported to the full Senate with the recommendation it do pass

1 p.m.: Energy, Industry and Mining

• HB 2842: Preventing cities from banning utility companies in city limits
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Judiciary

2 p.m.: Education (451M)

• HB 3293: Relating to single-sex participation in interscholastic athletic events
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• Originating Resolution 4: Requesting study on possible incentives to county boards of education showing consistent academic growth
• Originating resolution reported to the full Senate with the recommendation it be adopted

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

• HB 2969: To clarify the procedures for the sale and operation of a municipally owned toll bridge by a private toll transportation facility
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2834: Adding the Curator of the West Virginia Division of Arts, Culture and History as an ex officio voting member of the commission
• Bill reported to the full Senate with the recommendation it do pass

• HB 2573: Relating generally to the transparency and accountability of state grants to reduce waste, fraud, and abuse
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Finance

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

• HB 2914: To remove certain ex officio, voting members from the Archives and History Commission and update formatting
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2890: To clarify the regulatory authority of the Public Service Commission of West Virginia over luxury limousine services
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Judiciary

• HB 2002: Relating to Broadband
• Bill, as amended, reported to the full Senate with the recommendation it do pass

3 p.m.: Finance (451M)

• SB 490: Supplemental appropriation from General Revenue to Department of Veterans' Assistance
• Bill reported to the full Senate with the recommendation it do pass

• HB 2768: Supplementing, amending and increasing an existing item of appropriation from the State Road Fund, to the Department of Transportation, Division of Highways
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for HB 2769: Supplementing, amending and increasing items of existing appropriation from the State Road Fund to the Department of Transportation, Division of Motor Vehicles
• Committee substitute reported to the full Senate with the recommendation it do pass

• HB 2790: Supplementing, amending, decreasing, and increasing items of existing appropriation to Division of Highways
• Bill reported to the full Senate with the recommendation it do pass

• HB 3298: Making a supplemental appropriation to Dept. of Commerce, Dept. of Education, Senior Services and Civil Contingent Fund
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for HJR1: Education Accountability Amendment
• Resolution, as amended, reported to the full Senate with the recommendation it be adopted

• Com. Sub. for HB 2760: Relating to economic development incentive tax credits
• Committee substitute reported to the full Senate with the recommendation it do pass

• HB 3301: Relating generally to property tax increment financing districts
• Bill not taken up

• 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
• Resolution reported to the full Senate with the recommendation it be adopted

3 p.m.: Judiciary (208W)

• HB 2496: Relating to assessments of real property
• Bill, as amended, reported to the full Senate with the recommendation it do pass; second reference to Finance

• HB 2507: Remove the limitations on advertising and promotional activities by limited video lottery retailers
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2758: Requiring the Insurance Commissioner to regulate professional bondsmen
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2793: Permit out of state residents to obtain West Virginia concealed carry permits
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 2830: Relating generally to sex trafficking
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• HB 3254: Authorizing members of development authorities to accept federally authorized reimbursement for services which the members rendered on a voluntary basis
• Bill not taken up

• HB 3294: Relating to unemployment insurance
• Bill reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Thursday, April 1, 2021 (187 Senate; 52 House)

Resolutions Adopted by the Senate as of Thursday, April 1, 2021 (35 Senate, 19 House)

• SJR 1: Protection of the Right to Bear Arms Amendment (House Judiciary)
• SJR 4: Incorporation of Churches or Religious Denominations Amendment (H First Reading, 04-02)
• SJR 9: Disabled Veterans' Exemption from Ad Valorem Property Taxation Amendment (House Judiciary)
• SJR 10: Limiting the Terms of Members of the House of Delegates and Senate Amendment (House Judiciary)
• SJR 11: Constitutional Officer Term Limit Amendment (House Judiciary)
• SCR 4: Recognizing June 19 as Juneteenth Day (Adopted, 03-15)
• SCR 5: Urging Congress call Article V convention to impose fiscal restraints on federal government (House Judiciary)
• SCR 6: US Navy Seaman 2nd Class Wilbur 'Webb' Hahn and John W. Hahn Memorial Bridge (Adopted, 03-29)
• SCR 8: Fire Chief Kenneth Junior Russell Memorial Bridge (Adopted, 03-29)
• SCR 9: Haynie Family Veterans Memorial Bridge (House Rules)
• SCR 13: Urging Adjutant General to establish Honor Guard in each unit to perform military funeral honors (House Veterans Affairs and Homeland Security)
• SCR 14: Creating WV Women's Suffrage Memorial (Adopted, 03-29)
• SCR 15: Extending certain leases between US Army Corps of Engineers and Nicholas County Airport Authority (Adopted, 03-16)
• SCR 16: USMC Corporal Roger Lee Boothe Memorial Road (House Rules)
• SCR 17: USMC Captain Dempsey Stowers Memorial Bridge (Pending House introduction)
• SCR 18: Curtis "Pap" and Millie "Mammie" Asbury Memorial Bridge (Pending House introduction)
• SCR 19: US Army SSG Elson M. Kuhn Memorial Bridge (Pending House introduction)
• SCR 20: Supporting and celebrating centennial anniversary of Jones Act (Adopted, 03-31)
• SCR 21: US Army SGT Charles L. Toppings Memorial Road (Pending House introduction)
• SCR 23: USMC CPL Guy Maywood Edwards Memorial Bridge (House Technology and Infrastructure)
• SCR 27: Walker Brothers Veterans Memorial Bridge (Pending House introduction)
• SCR 30: William Gregory "Greg" White, PE, Memorial Bridge (House Rules)
• SCR 31: Frye Brothers Veteran Memorial Bridge (Pending House introduction)
• SCR 32: Cox Brothers Veteran Memorial Bridge (Pending House introduction)
• SCR 34: US Air Force TSGT Franklin A. Bradford Bridge (Pending House introduction)
• SCR 37: Nitro WW I Living Memorial Bridge (Pending House introduction)
• SCR 39: Birthplace of Alabama Coach Nick Saban (Pending House introduction)
• SCR 42: Firefighter Marvin Layton Hughes Memorial Bridge (House Rules)
• SCR 43: US Army PVT Joseph Stanley McKinney Memorial Bridge (House Rules)
• SCR 44: Harrison County Veterans Memorial Bridge (Pending House introduction)
• SCR 46: Stanley W. and Evelyn C. See Memorial Bridge (House Rules)
• SCR 48: US Army PFC Billy Keith Ford Memorial Bridge (Pending House introduction)
• SCR 50: USMC SGT MAJ Herman H. Brawner and Fayma Brawner Memorial Bridge (House Rules)
• SCR 53: Encouraging certain facilities improve palliative care programs (House Rules)
• SCR 54: Urging Congress and President to protect Second Amendment of US Constitution (House Judiciary)
• HCR 8: U.S. Army SFC Guy Hively Memorial Bridge (Adopted, 04-01)

• HCR 9: Urging Congress to call a convention of states to limit terms of office of the US House of Representatives (Adopted, 03-22)
• HCR 12: Charles E. Jarvis Memorial Bridge (Adopted; Pending House concurrence to Senate amendment)
• HCR 13: TEC 5 U. S. Army Donald “Tiny” Lucas Memorial Bridge (Adopted, 03-31)
• HCR 15: Rare Disease Day (Adopted, 04-01)
• HCR 16: PFC Franklin D. Frazier Memorial Road (Adopted, 04-01)
• HCR 20: Bill Withers Memorial Road (Adopted; Pending House concurrence to Senate amendment)
• HCR 22: Bill O’Dell Memorial Bridge (Adopted, 04-01)
• HCR 25: William Edward Friese Memorial Bridge (Adopted, 04-01)
• HCR 26: Victor Yoak Memorial Bridge (Adopted; Pending House concurrence to Senate amendment)
• HCR 27: Harvey Lemasters Memorial Bridge (Adopted, 04-01)
• HCR 32: To name Gatewood Road in Fayette County as the “Senator Shirley Love Memorial Road.” (Adopted, 04-01)
• HCR 33: Norman A. and Carrie G. Silver Memorial Bridge (Adopted, 04-01)
• HCR 35: Requesting the Department of Health and Human Resources to continuously evaluate the child welfare system (Adopted; Pending House concurrence to Senate amendment)
• HCR 38: “U.S. Marine Corps Sergeant David Andrew Green Memorial Bridge.” (Adopted; Pending House concurrence to Senate amendment)
• HCR 43: U. S. Army CSM Hugh H. ‘Smokey’ Stover Memorial Road (Adopted, 04-01)
• HCR 62: Major Samuel Wilson Rogers Jr. Memorial Bridge (Adopted; Pending House concurrence to Senate amendment)

House Bills and Resolutions Pending in the Senate as of Wednesday, March 31, 2021 (200 bills; 33 Resolutions)

Bills and Resolutions that Have Completed Legislation as of Wednesday, March 31, 2021 (78 – 34 Senate; 44 House)

Bills Signed by the Governor as of Thursday, April 1, 2021 (39 – 23 Senate; 16 House)

• SB 5: Relating to claims arising out of WV Consumer Credit and Protection Act (Signed, 03-29)
• 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 42: Creating Zombie Property Remediation Act of 2021 (Signed, 03-29)
• SB 126: Authorizing Department of Administration to promulgate legislative rules (Signed, 03-19)
• SB 156: Authorizing Department of Homeland Security to promulgate legislative rules (Signed, 04-01)
• SB 160: Authorizing Department of Revenue to promulgate legislative rules (Signed, 04-01)
• SB 182: Authorizing miscellaneous agencies and boards to promulgate legislative rules (Signed, 04-01)
• SB 216: Authorizing Department of Commerce to promulgate legislative rules (Signed, 03-16)
• SB 270: Providing for collection of tax by hotel marketplace facilitators (Signed, 03-18)
• SB 272: Relating to WV Employment Law Worker Classification Act (Signed, 03-19)
• SB 277: Creating COVID-19 Jobs Protection Act (Signed, 03-19)
• SB 280: Relating to e-commerce modernization (Signed, 03-18)
• SB 295: Relating generally to economic development loans and loan insurance issued by state (Signed, 03-27)
• SB 296: Relating generally to repealing certain rules (Signed, 03-19)
• SB 338: Creating Fire Service Equipment and Training Fund (Signed, 03-19)
• 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 372: Providing greater discretion to WV Board of Medicine to approve graduate clinical training (Signed, 03-19)
• SB 404: Modifying well work permits issued by DEP Office of Oil and Gas (Signed, 03-27)
• SB 459: Relating to return of member's paid contributions to heirs after member's death under certain circumstances (Signed, 03-16)
• SB 469: Permitting and establishing requirements for appearance by video for purpose of notarial acts (Signed, 03-30)
• SB 523: Correcting improper code references (Signed, 03-29)
• HB 2001: Relating generally to creating the West Virginia Jumpstart Savings Program (Signed, 03-19)
• HB 2006: Relating to the West Virginia Contractor Licensing Act (Signed, 03-27)
• HB 2008: Amending requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers (Signed, 03-27)
• HB 2009: Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities (Signed, 03-30)
• HB 2011: Eliminating any time requirements for part time personnel to work during a working year (Signed, 03-24)
• HB 2012: Relating to public charter schools (Signed, 03-12)
• HB 2013: Relating to the Hope Scholarship Program (Signed, 03-27)
• 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)
• HB 2372: Allow pre-candidacy papers to be filed the day after the general election (Signed, 03-30)
• 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 (Signed, 03-30)
• HB 2682: Relating to the issuance of license suspensions to insurance producers and insurance adjusters who have failed to meet continuing education requirements (Signed, 03-30)
• 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 (Signed, 03-30)
• 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 (Signed, 03-30)

Bills that Became Law Without Governor’s Signature as of Thursday, April 1, 2021 (1)

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

Bills that Have Been Vetoed by the Governor as of Thursday, April 1, 2021 (1)

• *SB 89: Exempting certain kindergarten and preschool programs offered by private schools from registration requirements (Vetoed, 03-26; Amended and Repassed, 04-01) (Pending House concurrence)

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.