State Senate

Friday, February 11, 2022 – 31st Day of Session

The Senate will convene at 9 a.m.

UNFINISHED BUSINESS

• SCR 44: Clarifying 1972 Equal Rights Amendment
• SR 22: Commemorating 250th anniversary of Berkeley County

THIRD READING

• Eng. Com. Sub. for SB 25: Updating provisions of Medical Professional Liability Act
• Eng. Com. Sub. for SB 505: Updating laws on licensure and regulation of money transmitters
• Eng. Com. Sub. for SB 515: Supplementing and amending appropriations of public moneys to Department of Administration, Public Defender Services (original similar to HB 4530)
• Eng. SB 517: Expiring funds from unappropriated balance in State Excess Lottery Revenue Fund (original similar to HB 4525)
• Eng. Com. Sub. for SB 520: Increasing financial penalties for ransomware attacks (original similar to HB 4498)
• Eng. SB 525: Expiring funds from unappropriated balance in Lottery Net Profits (original similar to HB 4526)

SECOND READING

• Com. Sub. for SB 476: Relating to imposition of minimum severance tax on coal (original similar to HB 4411)
• SB 478: Relating to Neighborhood Investment Program (original similar to HB 4544)
• Com. Sub. for SB 508: Requiring certain attire for deer hunters with muzzleloaders (original similar to HB 4486)
• Com. Sub. for SB 509: Relating to county BOE employee personal leave
• SB 526: Supplementing and amending appropriations to Department of Commerce, Office of Secretary (original similar to HB 4527)
• SB 527: Supplementing and amending appropriations to Department of Administration, Office of Technology (original similar to HB 4528)
• Com. Sub. for SB 528: Supplementing and amending appropriations to DHHR, Consolidated Medical Services Fund (original similar to HB 4529)
• Com. Sub. for SB 537: Providing additional firefighters and security guards for National Guard (original similar to HB 4494)
• Com. Sub. for SB 560: Defining Class 2 e-bikes
• Eng. HB 4024: Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience

FIRST READING

• Com. Sub. for SB 33: Protecting consumers against businesses using automatic renewals without consent
• Com. Sub. for SB 330: Authorizing DOT to promulgate legislative rules (original similar to HB 4169)
• SB 531: Increasing annual salaries of certain state employees (original similar to HB 4533)
• SB 532: Requiring reports to Joint Committee on Pensions and Retirement every five years on deferred retirement option plans
• Eng. HB 4097: To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission - (Com. amend. pending)
• Eng. HB 4312: Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances - (Com. amend. and title amend. pending)

Scheduled Committee Meetings

There are no Committee meetings scheduled for Friday, February 11, 2022.

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

Senate Bills to be Introduced Friday, February 11, 2022

• SB 617: Relating to qualifications for members of boards, commissions, and other entities (Maynard; Government Organization)
• SB 618: Relating to zoning requirements for exempt wholesale generators (Maynard, Caputo, Stover; Government Organization)
• SB 619: Relating to rulemaking for unidentified and unclaimed remains in possession of Chief Medical Examiner (Maynard, Baldwin; Government Organization)
• SB 620: Increasing maximum dental coverage for Medicaid recipients (FN) (Stollings; Health and Human Resources then Finance)
• SB 621: Relating to funds for operations of jails (Baldwin, Beach, Brown, Caputo, Geffert, Jeffries, Lindsay, Plymale, Romano, Stollings, Woelfel; Finance)
• SR 25: Designating February 14, 2022, as National Donor Day (Maroney)

(Note: Bill references are subject to change.)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Thursday, February 10, 2022

1 p.m.: Health and Human Resources

• SB 574: Relating to WV PEIA
• Committee substitute reported to the full Senate with the recommendation it do pass

2 p.m.: Education

• Com. Sub. for SB 21: Relating to school aid formula and minimum student enrollment
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• SB 268: Creating exemption from compulsory school attendance for child who participates in learning pod or micro school
• Bill, as amended, reported to the full Senate with the recommendation it do pass

2 p.m.: Government Organization

• Com. Sub. for SB 522: Combining offices of WV State Americans with Disabilities Act and WV Equal Employment Opportunity
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

• SB 542: Transferring Broadband Enhancement Council from Department of Commerce to Department of Economic Development
• Bill reported to the full Senate with the recommendation it do pass

• SB 570: Establishing training for law-enforcement in handling individuals with Alzheimer's and dementias
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 524: Placing duties and functions of certain boards and commissions under Department of Arts, Culture, and History
• Committee substitute reported to the full Senate with the recommendation it do pass

3 p.m.: Finance

• SB 442: Relating to WV Public Employee Retirement System
• Bill reported to the full Senate with the recommendation it do pass

• SB 443: Including police and firefighter as electors of trustees for certain pension funds
• Committee substitute reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 86: Creating criminal offense of sexual extortion
• Bill reported to the full Senate with the recommendation it do pass

• SB 415: Capping severance tax collections in general revenue at specified percentage
• Bill reported to the full Senate with the recommendation it do pass

3p.m.: Judiciary

• SB 591: Relating to process for filling vacancies in state Legislature
• Bill reported to the full Senate with the recommendation it do pass

• Com. Sub. for SB 371: Telehealth Rules Bundle – Includes SB 371, Board of Medicine rule relating to telehealth and interstate telehealth registration for physicians, podiatric physicians, and physician assistants; SB 375, Board of Osteopathic Medicine rule relating to telehealth practice and interstate telehealth registration for osteopathic physicians and physician assistants; SB 384, Board of Registered Professional Nurses rule relating to telehealth practice
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

• Eng. HB 4308: Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits
• Bill, as amended, reported to the full Senate with the recommendation it do pass

• Eng. HB 4048: WV Keep, Bear and Drive with Arms Act
• Bill, as amended, reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Thursday, February 10, 2022 (76 – 69 Senate; 7 House)

• SB 1: Creating Mining Mutual Insurance Company (House Energy and Manufacturing)
• SB 2: Relating to unemployment benefits program (House Finance)
• SB 3: Requiring work search activities to qualify for unemployment benefits (House Finance)
• SB 4: Repealing ban on construction of nuclear power plants (Signed, 02-09)
• SB 5: Creating WV Unmanned Aircraft Systems Advisory Council (House Government Organization)
• SB 6: Establishing common law “veil piercing” claims not be used to impose personal liability (Pending House introduction)
• SB 7: Relating to damages for medical monitoring (House Judiciary)
• SB 8: Relating generally to state’s savings and investment programs (Signed, 02-02)
• SB 9: Providing continued eligibility for developmental disability services to dependents of military members (House Health and Human Resources)
• SB 10: Relating to WVU Rifle Team electronic application donation program (House Agriculture and Natural Resources)
• SB 22: Relating to exempting certain organizations from property taxation (House Education)
• SB 40: Prohibiting insurance coverage from requiring prior authorization for tests to stage cancer (House Health and Human Resources)
• SB 44: Requiring State Fire Commission propose rules for sprinkler protection for certain new buildings (House Fire Departments and Emergency Medical Services)
• SB 60: Allowing BOE create and provide course in family and consumer sciences in secondary schools (House Education)
• SB 77: Allowing certain veterans park free at metered parking in any state municipality (House Government Organization)
• SB 91: Creating "Choose Life" special registration plate supporting adoption (House Technology and Infrastructure)
• SB 98: Creating nonresident three-day fishing license (House Agriculture and Natural Resources)
• SB 99: Continuing authority to index license and stamp fees (House Agriculture and Natural Resources)
• SB 121: Prohibiting person criminally responsible for another's death to participate in burial arrangements (House Judiciary)
• SB 129: Making it unlawful for public utility to prohibit customers from hiring contractors to construct, install, or maintain connections to public utility (House Technology and Infrastructure)
• SB 135: Relating to acquisition and disposition of property by urban development authority (House Judiciary)
• SB 136: Updating language regarding Fairmont State alumni license plates (House Technology and Infrastructure)
• SB 138: Relating to Board of Medicine composition (House Government Organization)
• SB 141: Modifying requirement that racetrack participate in WV Thoroughbred Development Fund by certain date (House Finance)
• SB 151: Creating license plate recognizing linemen (House Transportation and Infrastructure)
• SB 170: Providing WV veterans discounts on fees and charges at state parks (House Agriculture and Natural Resources)
• SB 172: Increasing compensation of elected county officials (House Government Organization)
• SB 191: Allowing poll workers to work full and half days (Signed, 02-02)
• SB 192: Establishing Civil Air Patrol license plate (House Technology and Infrastructure)
• SB 228: Providing tuition and fee waivers at state higher education institutions for volunteers who have completed service in AmeriCorps programs in WV (House Education)
• SB 229: Requiring impact statement in certain instances of school closing or consolidation (House Education)
• SB 231: Relating generally to broadband connectivity (Pending House introduction)
• SB 242: Restricting authority to prevent or limit owner's use of natural resources or real property in certain agricultural operations (House Judiciary)
• SB 244: Relating to appointment of judges to Intermediate Court of Appeals (Signed, 02-09)
• SB 245: Revising wage payment and collection (House Judiciary)
• SB 246: Requiring newly constructed public schools and public schools with major improvements to have water bottle filling stations (House Education)
• SB 253: Relating to voting precincts and redistricting (House Government Organization)
• SB 261: Requiring video cameras in certain special education classrooms (House Education)
• SB 262: Relating generally to financial institutions engaged in boycotts of energy companies (House Banking and Insurance)
• SB 264: Relating to conservation districts law of WV (House Agriculture and Natural Resources)
• SB 279: Authorizing DEP to promulgate legislative rules (H Third Reading, 02-11)
• SB 312: Authorization for Department of Revenue to promulgate legislative rules (Pending House introduction)

• SB 334: Authorizing miscellaneous agencies and boards to promulgate rules (House Government Organization)
• SB 417: Relating to authorized expenditures of revenues from certain state funds for fire departments (House Finance)
• SB 419: Establishing pilot project to evaluate impact of certain post-substance use disorder residential treatments (Pending House introduction)
• SB 427: Permitting WV Board of Medicine investigators to carry concealed weapon (House Judiciary)
• SB 431: Relating generally to Uniform Controlled Substances Act (House Prevention and Treatment of Substance Abuse)
• SB 435: Awarding service weapon to retiree from Division of Protective Services (Completed; awaiting action by Governor)
• SB 436: Correcting code citation for authority of State Fire Marshal (Completed; awaiting action by Governor)
• SB 437: Providing for early discharge of parolees (Completed; awaiting action by Governor)
• SB 439: Adopting Revised Uniform Athlete Agents Act of 2015 (House Judiciary)
• SB 440: Establishing Uniform Commercial Real Estate Receivership Act (House Judiciary)
• SB 441: Providing confidentiality of video and other records of correctional juvenile facilities (House Judiciary)
• SB 445: Modifying police and firemen's pension plans for trustees (House Finance)

• SB 449: Relating to Nonviolent Offense Parole Program (Completed; awaiting action by Governor)

• SB 450: Updating definitions of WV Personal Income Tax Act (H Third Reading, 02-11)
• SB 451: Updating definitions of WV Corporation Net Income Tax Act (H Third Reading, 02-11)
• SB 452: Permitting civil remedies for unauthorized disclosure of intimate images (House Judiciary)
• SB 472: Relating to access to juvenile records by certain employees of Division of Corrections and Rehabilitation (House Judiciary)
• SB 481: Relating to Adopt-A-Stream Program (House Agriculture and Natural Resources)
• SB 487: Relating to Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B (House Finance)

• SB 492: Relating to electronic collection of tolls (House Government Organization)
• SB 493: Requiring county BOE make meetings available to public in-person and through internet (House Education)
• SB 499: Authorizing legislative rules for School Building Authority (House Education)
• SB 533: Relating to funding for health sciences and medical schools in state (Pending House introduction)
• SB 540: Allowing municipal fire departments provide retirees with service weapon in certain circumstances (Pending House introduction)
• SB 546: Expanding uses of fees paid by students at higher education institutions (Pending House introduction)
• SB 550: Relating to funding for higher education institutions (Pending House introduction)
• SB 576: Relating to unemployment insurance and COVID-19 vaccination requirement (Pending House introduction)
• HB 2325: Removing the requirement of continuing education for barbers and cosmetologists (Completed; awaiting action by Governor)
• HB 3220: Restrictions on Taxpayer funded lobbying (Passed Senate; pending House concurrence)
• HB 4062: Removing the residency requirement for the Commissioner of the Division of Highways (Completed; awaiting action by Governor)
• HB 4067: To make certain agency reports electronic or eliminating certain agency reports altogether (Completed; awaiting action by Governor)
• HB 4074: Require schools provide eating disorder and self-harm training for teacher and students (Passed Senate; pending House concurrence)
• HB4276: WVU to create a Parkinson’s disease registry (Passed Senate; pending House concurrence)
• HB 4301: Reforming membership requirements of Huntington Park and Recreation District Board (Completed; awaiting action by Governor)

Resolutions Adopted by the Senate as of Thursday, February 10, 2022 (13)

• SCR 1: US Army PFC Billy Keith Ford Memorial Bridge (House Rules)
• SCR 3: USMC CAPT Dempsey Stowers Memorial Bridge (House Rules)
• SCR 5: US Marine Corps CPL James "Bud" Cox Memorial Bridge (House Rules)
• SCR 6: Holden 22 Coal Miners Memorial Bridge (House Rules)

• SCR 9: Haynie Family Veterans Memorial Bridge (House Rules)
• SCR 11: Dennis E. Davis Veterans Nursing Home (House Rules)
• SCR 13: US Army PFC Joseph Stanley McKinney Memorial Bridge (House Rules)
• SCR 15: US Army PVT Shirley E. Bailey Memorial Bridge (House Rules)

• SCR 17: US Air Force SSGT Logan A. Young Memorial Bridge (House Technology and Infrastructure)
• SCR 21: Putnam County Veterans Memorial Bridge (House Technology and Infrastructure)
• SCR 23: USMC CPL Guy Maywood Edwards Memorial Bridge (House Technology and Infrastructure)
• SCR 28: US Army PVT Garland Lee Loudermilk Memorial Bridge (Pending House introduction)
• SCR 29: Nitro WW I Memorial Bridge (Pending House introduction)

House Bills and Resolutions Pending in the Senate as of Thursday, February 10, 2022 (51 Bills; 11 Resolutions)

• HB 2177: Permitting the issuance of a state issued identification card without a photo on the card under certain conditions (Judiciary)
• HB 2184: Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug (Judiciary)
• HB 2325: Removing the requirement of continuing education for barbers and cosmetologists (Completed; awaiting action by Governor)
• HB 2562: Relating to litter control (Judiciary)
• HB 2631: Provide for WVDNR officers to be able to work “off duty” (Judiciary)
• HB 2817: Donated Drug Repository Program (Health and Human Resources)
• HB 2972: Allowing a person to manufacture a stated amount of alcoholic liquor for personal consumption (Judiciary)
• HB 3036: Sunsetting the Board of Sanitarians (Government Organization)
• HB 3220: Restrictions on Taxpayer funded lobbying (Passed Senate; pending House concurrence)
• HB 3231: Public Utilities not required to pay interest on security deposits (Finance)
• HB 3303: Relating to clarifying the process of filling vacancies on ballots (Judiciary)
• HB 3312: Establishing a memorial to child labor and child workers who died in the course of employment in this state (Government Organization)
• HB 4003: Relating generally to commercial benefit of substances removed from waters of the state by the treatment of mine drainage (Energy, Industry and Mining)
• HB 4024: Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience (S Second Reading, 02-11)
• HB 4032: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse (Pending Senate introduction)
• HB 4048: WV Keep, Bear and Drive with Arms Act (Judiciary)
• HB 4059: Clarifying that new Department of Health and Human Resources' Deputy Commissioners are exempt from civil service (Health and Human Resources)
• HB 4060: Repealing outdated sections of code relating to health (Health and Human Resources)
• HB 4062: Removing the residency requirement for the Commissioner of the Division of Highways (Completed; awaiting action by Governor)
• HB 4065: Allowing the Division of Natural Resources to teach hunter’s safety courses in school (Education)
• HB 4067: To make certain agency reports electronic or eliminating certain agency reports altogether (Completed; awaiting action by Governor)

• HB 4074: Require schools provide eating disorder and self-harm training for teacher and students (Passed Senate; pending House concurrence)
• HB 4084: Relating to advanced recycling (Economic Development)
• HB 4097: To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission (S First Reading, 02-11)
• HB 4098: Relating to Geothermal Energy Development (Pending Senate introduction)
• HB 4110: Relating to staffing levels at multi-county vocational centers (Education)
• HB 4111: Relating to the prescriptive authority of advance practice registered nurses (Health and Human Resources)
• HB 4112: Provide consumers a choice for pharmacy services (Health and Human Resources)
• HB 4113: Public Health definitions and powers of secretary and commissioner (Health and Human Resources)
• HB 4252: To reduce copay cap on insulin and devices (Health and Human Resources)
• HB 4257: Require visitation immediately following a procedure in a health care facility (Health and Human Resources)
• HB 4263: Prohibit the practice of white bagging (Health and Human Resources)
• HB 4276: Permit WVU to create a Parkinson’s disease registry (Passed Senate; pending House concurrence)
• HB 4286: Relating to exempting persons employed as attorneys from the civil service system (Government Organization)

• HB 4288: Relating to expanding the practice of auricular acudetox to professions approved by the acupuncturist board (Health and Human Resources)
• HB 4291: Relating to authorizing legislative rules regarding higher education (Education)
• HB 4296: To revise outdated provisions within Chapter 23 of the West Virginia Code, which pertains to workers’ compensation (Judiciary)
• HB 4297: To facilitate the sharing of information between the Department of Health and Human Resources and the State Auditor’s office in order to investigate reports of financial abuse and neglect of a vulnerable adult (Pending Senate introduction)
• HB 4299: To prohibit the intentional interference with election processes and creating associated criminal penalties (Judiciary)
• HB 4301: Reforming membership requirements of Huntington Park and Recreation District Board (Completed; awaiting action by Governor)
• HB 4308: Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits (Judiciary)
• HB 4311: Creating criminal penalties for illegal voting activity (Judiciary)
• HB 4312: Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances (S First Reading, 02-11)
• HB 4324: To update collaborative pharmacy practice agreements (Health and Human Resources)

• HB 4333: Relating to the sunset of the Board of Hearing-Aid Dealers and Fitters (Government Organization)
• HB 4355: Relating to the disclosure by state institutions of higher education of certain information regarding textbooks and digital courseware and certain charges assessed for those items (Education)
• HB 4360: Relating to WV Invest community service requirements (Education)
• HB 4369: Update the telepsychology compact (Health and Human Resources)
• HB 4380: Relating to transportation of athletic teams (Education)
• HB 4389: Relating to repealing school innovation zones provisions superseded by Innovation in Education Act (Education)
• HB 4522: Relating to the expungement of criminal records (Pending Senate introduction)
• HCR 6: Elmer Galford Memorial Road (Pending Senate introduction)
• HCR 8: U.S. Army Private Elmo Davis Memorial Road (Pending Senate introduction)
• HCR 10: Lance CPL Leonard Joe Zelaski Memorial Bridge (Pending Senate introduction)
• HCR 16: World War II Veterans Toothman Brothers Memorial Bridge (Pending Senate introduction)
• HCR 17: Daniel Okey Cunningham Memorial Bridge (Pending Senate introduction)
• HCR 28: Cpt. Billy Jake Smith Memorial Bridge (Pending Senate introduction)
• HCR 30: To name the U.S. Army Pvt. Dallis H. Johnson WWII Memorial Bridge (Pending Senate introduction)
• HCR 34: U.S. Navy Seaman 1st Class Byrne Lee Singleton Memorial Bridge (Pending Senate introduction)
• HCR 37: U.S. Army Corporal Charles William “Bill” Knight Memorial Bridge (Pending Senate introduction)
• HCR 38: To name the “Dale Shaheen and George H. Hooker Memorial Bridge” (Pending Senate introduction)
• HCR 40: To name the USMC Cpl Guy Maywood Edwards Memorial Bridge (Pending Senate introduction)

Bills and Resolutions that Have Completed Legislation as of Thursday, February 10, 2022 (12 – 8 Senate; 4 House)

Bills Signed by the Governor as of Thursday, February 10, 2022 (4 – 4 Senate)

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.