State Senate

Thursday, January 26, 2023 – 16th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SCR 5: US Navy S1 Paul McCue Bridge
• SR 15: Designating January 26, 2023, as Hunger-Free WV Day at Legislature

THIRD READING

• Eng. SB 21: Requiring certain documents that contain wage records be considered confidential

SECOND READING

• Com. Sub. for SB 202: Increasing terms of Natural Resources Commission members from four to seven years
• Com. Sub. for SB 254: Relating generally to mandatory state inspection of certain motor vehicles
• SB 276: Awarding service weapon of retiring State Fire Marshal
• SB 283: Relating to Military Incentive Program
• Com. Sub. for SB 292: Health Care Sharing Ministries Freedom to Share Act
• Com. Sub. for SB 298: Relating to non-federally declared emergencies and non-states of emergency
• Eng. Com. Sub. for HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days
• Eng. HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life

FIRST READING

• Com. Sub. for SB 51: Requiring impact statement in certain instances of school closing or consolidation
• Com. Sub. for SB 239: Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic
• SB 241: Relating to Patient Brokering Act
• Com. Sub. for SB 243: Requiring substance use disorder inpatient providers to provide transportation to patients
• Com. Sub. for SB 248: Clarifying when excess funds accumulated by boards are to be transferred to General Revenue Fund
• SB 251: Displaying official motto of United States in public schools and institutions of higher education
• Com. Sub. for SB 258: Eliminating ceiling on fair market value of consumer goods and permitting dealer to require security deposit
• Com. Sub. for SB 270: Adding exemption to permit requirement for cremation
• Com. Sub. for SB 271: Modifying approval process requirements for First Responders Honor Board
• Com. Sub. for SB 282: Creating WV Guardian Program
• Com. Sub. for SB 426: Banning use of certain products and platforms deemed unsafe or high risk on government systems
• Com. Sub. for SB 439: Establishing design-build program for DEP

Scheduled Committee Meetings

9 a.m.: Government Organization (208W)

• Com. Sub. for SB 249: Amending Real Estate License Act
• SB 240: Requiring state board of examination or registration proceedings to be open to public inspection
• Com. Sub. for SB 294: Clarifying amount of deputy sheriff annual salary increase
• SB 457: Removing certain activities Alcohol Beverage Control Commission licensee is prohibited to permit on private club premises

9 a.m.: Education (451M)

• SB 222: Creating taskforce to consider options for direct funding of adult education learning centers
• SB 306: Establishing Summer Feeding for All Program
• SB 428: Revising requirements of local school improvement councils

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

• Presentation: PJM Transmission Grid

• Asim Z. Haque, VP, State Policy and Member Services, PJM
• Gary A. Jack, Senior Corporate Counsel, FirstEnergy Corp.
• David R. Ball, VP, Energy Delivery Ops., AEP

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

• HB 2029: Repealing the creation of an all-payor claims database
• SB 273: Relating to allocation of child protective workers in counties based upon population of county
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting
• SB 267: Updating law regarding prior authorizations

2 p.m.: Judiciary Subcommittee A – Criminal Law (208W)

• Com. Sub. for SB 49: Establishing criminal offense for being under influence of controlled substance unless specifically prescribed
• Com. Sub. for SB 72: Modifying definition of sexual contact
• Com. Sub. for SB 78: Creating felony offense of aggravated cruelty to animals
• Com. Sub. for SB 120: Requiring registered sex offenders pay annual fee
• Com. Sub. for SB 187: Creating new criminal offenses of sexual contact, intrusion, or abuse of students by school employee
• Com. Sub. for SB 191: Relating to liability for payment of court costs as condition of pretrial diversion agreement

2 p.m.: Judiciary Subcommittee B – Elections (451M)

• SB 50: Requiring one-year residency within district or county to fill vacancy in Legislature
• SB 235: Relating to voting rights of formerly incarcerated individuals

2 p.m.: Judiciary Subcommittee C – Civil Justice and Courts (219M)

• Com. Sub. for SB 229: Limiting liability of landowners when land is used for noncommercial recreational purposes
• Com. Sub. for SB 42: Adjusting interest rate paid in condemnation cases

3 p.m.: Judiciary (208W)

• The full Senate Judiciary Committee will not meet on Thursday, January 26, 2023.

3 p.m.: Finance (451M)

• Budget Presentation: West Virginia Parkways Authority – Jeffrey A. Miller, Executive Director
• Budget Presentation: West Virginia Department of Transportation – Jimmy Wriston, P.E., Cabinet Secretary

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

Senate Bills to be Introduced Thursday, January 26, 2023

• SB 477: Relating to financing municipal policemen's and firemen's pension and relief funds (Nelson; Pensions)
• SB 478: Relating to Jumpstart Savings Program (Grady; Finance)
• SB 479: Expanding certain insurance coverages for pregnant women (FN) (Grady; Health and Human Resources then Finance)
• SB 480: Modifying group accident and sickness insurance requirements (Oliverio, Azinger, Barrett, Queen; Banking and Insurance)
• SB 481: Extending sunset provision of Upper Kanawha Valley Resiliency and Revitalization Program (Roberts, Caputo, Jeffries, Nelson, Smith, Stover; Economic Development)
• SB 482: Modifying number, allocation, and terms of office of certain judges for next general election (Trump; Judiciary then Finance)
• SB 483: Relating to taxation of gambling and lottery winnings (FN) (Barrett; Finance)
• SB 484: Clarifying terms and offense of human smuggling (Rucker; Judiciary)
• SB 485: PFAS Protection Act (FN) (Trump, Smith, Caputo, Oliverio, Jeffries, Plymale, Rucker, Woodrum; Agriculture and Natural Resources then Finance)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Wednesday, January 25, 2023

9 a.m.: Legislative Rule-Making Review Committee (208W)

• Treasurer – Hope Scholarship, 112 CSR 18
• Committee approved the rule as modified

1 p.m.: Committee on School Choice

• Com. Sub. for SB 47: Creating Charter Schools Stimulus Fund
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

1 p.m.: Economic Development

• Com. Sub. for SB 188: Creating Grid Stabilization and Security Act of 2023
• Committee substitute, as amended, reported to the full Senate with the recommendation it do pass

2 p.m.: Outdoor Recreation

• Com. Sub. for SB 160: Relating to WV Rail Trails Program
• Committee substitute reported to the full Senate with the recommendation it do pass

2 p.m.: Pensions

• Com. Sub. for SB 166: Relating to reemployment after retirement by public employees
• Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

3 p.m.: Judiciary

• Com. Sub. for SB 356 (DOT Rules): Authorizing DMV to promulgate legislative rule relating to administrative due process

• Includes SB 357, Authorizing DMV to promulgate legislative rule relating to examination and issuance of driver's license; SB 358, Authorizing DMV to promulgate legislative rule relating to denial, suspension, revocation, disqualification, restriction, non-renewal, cancellation, administrative appeals, and reinstatement of driving privileges; SB 359, Authorizing DOH to promulgate legislative rule relating to disposal, lease and management of real property and appurtenant structures and relocation assistance; SB 360, Authorizing DOH to promulgate legislative rule relating to construction and reconstruction of state roads

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

• Com. Sub. for SB 335 (DHS Rules): Authorizing Governor’s Committee on Crime to promulgate legislative rule relating to protocol for law enforcement response to domestic violence

• Includes SB 336, Authorizing Division of Emergency Management to promulgate legislative rule relating to National Flood Insurance Program; SB 337, Authorizing Fire Commission to promulgate legislative rule relating to hazardous substance emergency response training programs; SB 338, Authorizing Fire Commission to promulgate legislative rule relating to certification of home inspectors; SB 339, Authorizing Fire Commission to promulgate legislative rule relating to volunteer firefighters' training, equipment, and operating standards; SB 340, Authorizing Fire Marshal to promulgate legislative rule relating to certification of electrical inspectors; SB 341, Authorizing Fire Marshal to promulgate legislative rule relating to supervision of fire protection work; SB 342, Authorizing Fire Marshal to promulgate legislative rule relating to electrician licensing; SB 343, Authorizing Fire Marshal to promulgate legislative rule relating to certification of home inspectors; SB 344, Authorizing State Police to promulgate legislative rule relating to WV State Police professional standards investigations, employee rights, early identification system, psychological assessment, and progressive discipline

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

3 p.m.: Finance

• SB 441: Removing additional one and one-half percent interest rate for tax underpayments
• Bill removed from agenda

• SB 443: Directing payment of estate administration fee to State Auditor
• Bill reported to the full Senate with the recommendation it do pass

• SB 444: Transferring moneys in WV Future Fund to General Revenue Fund
• Bill reported to the full Senate with the recommendation it do pass

• SB 446: Removing methanol and methanol fuel from definition of special fuel
• Bill reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Wednesday, January 25, 2023 (45)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Pending House introduction)
• SB 10: Campus Self-Defense Act (House Judiciary)
• SB 59: Requiring work search activities to qualify for unemployment benefits (Pending House introduction)
• SB 65: Granting municipal fire marshal authority to assist law-enforcement officer (House Political Subdivisions)
• SB 74: Providing for substantial deference to State Superintendent’s interpretations of school laws (House Judiciary)
• SB 83: Authorizing tactical medical professionals to carry firearms (House Government Organization)
• SB 89: Requiring hospitals to staff qualified personnel to perform sexual assault forensic exams (House Health and Human Resources)
• SB 115: Providing procedure for WV to select delegates to Article V Convention (House Judiciary)
• SB 121: Creating Student Journalist Press Freedom Protection Act (Pending House introduction)
• SB 124: Authorizing child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse prevention (House Education)
• SB 126: Reorganizing DHHR (House Health and Human Resources)
• SB 127: Relating to reimbursement of hospital inpatient rates by PEIA (House Banking and Insurance)
• SB 128: Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness (Passed House; pending Senate concurrence to House amendments)
• SB 129: Limiting gubernatorial authority to spend certain federal funds without appropriation of the Legislature (House Government Organization)
• SB 130: Anti-Racism Act of 2023 (House Education)
• SB 131: Allowing municipal fire marshals to receive service weapon upon retirement (House Fire Departments and Emergency Medical Services)
• SB 132: Clarifying criminal offense of harassment (House Judiciary)
• SB 133: Adding definition of “ammunition” for purposes of obtaining state license to carry concealed deadly weapon (House Judiciary)
• SB 134: Protecting consumers against businesses using automatic renewals without consent (House Judiciary)
• SB 135: Relating to Uniform Controlled Substances Act (House Judiciary)
• SB 136: Requiring persons convicted of certain offenses to undergo psychological or psychiatric testing and have treatment plan to be eligible for probation (House Judiciary)
• SB 137: Clarifying offenses of kidnapping and unlawful restraint (House Judiciary)
• SB 138: Clarifying secondary sources are not law and public policy of WV in certain instances (House Judiciary)
• SB 139: Requiring each county BOE to ensure all its meetings are open to public through in-person attendance and broadcast live on its website (House Education)
• SB 140: Updating offenses of extortion and attempted extortion (House Judiciary)
• SB 141: Adding Division of Corrections and Rehabilitation employees working at certain institutions to WV Emergency Responders Survivor Benefits Act (House Jails and Prisons)
• SB 142: Modifying procedures to settle estates of decedents (House Judiciary)
• SB 143: Relating to Adopt-A-Stream Program (H Second Reading, 01-26)
• SB 145: Allowing county BOE participating in operation of multicounty vocational center to withdraw (House Education)
• SB 146: Modifying regulations of peer-to-peer car sharing program (House Banking and Insurance)
• SB 147: Creating pilot program for recovery residences in Cabell County (House Substance Abuse)
• SB 148: Relating to municipalities required to be represented on county authority boards (House Political Subdivisions)
• SB 149: Exempting certain organizations from property taxation (House Finance)
• 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 192: Relating to Uniform Real Property Transfer on Death Act (Pending House introduction)
• SB 200: Allowing leashed dogs to track wounded elk, turkey, bear, and wild boar when hunting (House Agriculture and Natural Resources)

• SB 207: Relating to state allocation of funding to regional councils (House Economic Development and Tourism)
• SB 208: Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disorders (Pending House introduction)
• SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (H Second Reading, 01-26)
• SB 244: Making rosters of individuals who obtain professional, occupational, and trade licenses, registrations, and certificates available to public (Pending House introduction)
• SB 245: Making rules and regulations promulgated by PSC subject to legislative rule-making review procedures (Pending House introduction)
• SB 246: Revising membership of Broadband Enhancement Council (Pending House introduction)
• SB 262: Allowing students to transfer schools and retain athletic eligibility (Pending House introduction)
• SB 264: Prohibiting persons who have been convicted of certain crimes against minors from holding positions on boards of education (Pending House introduction)

House Bills Pending in the Senate as of Wednesday, January 25, 2023 (14)

• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Health and Human Resources)
• HB 2029: Repealing the creation of an all-payor claims database (Health and Human Resources)
• 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 (Transportation and Infrastructure)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (Government Organization)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Finance)
• HB 2526: Relating to reducing the personal income tax (Finance)
• HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (S Second Reading, 01-26)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (S Second Reading, 01-26)

• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Judiciary)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Education)
• HB 2754: Relating to immunizations performed in a pharmacy (Pending Senate introduction)
• HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program (Pending Senate introduction)
• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Pending Senate introduction)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Pending Senate introduction)

Bills that Have Completed Legislation as of Wednesday, January 25, 2023 (2 – 2 Senate)

• 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)

Bills Signed by the Governor as of Wednesday, January 25, 2023 (2 – 2 Senate)

• 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)

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.