State Senate

Monday, February 27, 2023 – 48th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

• SR 40: Designating February 27, 2023, as Human Resources Day at Legislature
• SR 41: Recognizing Leadership Berkeley for its services, dedication, and commitment to Berkeley County, WV
• SR 42: Recognizing contributions of AARP WV and its Capitol Advocacy Team of volunteers to betterment of our state and its people

THIRD READING

• Eng. Com. Sub. for SB 267: Updating law regarding prior authorizations
• Eng. SB 438: Return to WV Tax Credit Act
• Eng. Com. Sub. for Com. Sub. for SB 522: Allocating percentage of county excise taxes for funding improvements to election administration
• Eng. Com. Sub. for SB 534: Relating to nonintoxicating beer, nonintoxicating craft beer, cider, wine, and liquor license requirements - (With right to amend)
• Eng. Com. Sub. for Com. Sub. for SB 561: Relating to administration of WV Drinking Water Treatment Revolving Fund Act - (With right to amend)
• Eng. Com. Sub. for Com. Sub. for SB 576: Creating Securities Restitution Assistance Fund for victims of securities violations
• Eng. Com. Sub. for Com. Sub. for SB 590: Emergency Medical Services Retirement System Act
• Eng. Com. Sub. for SB 613: Relating generally to certificates of need - (With right to amend)
• Eng. Com. Sub. for SB 628: Revising provisions related to public charter schools - (With right to amend)
• Eng. Com. Sub. for SB 667: Requiring periodic performance audits of WV Secondary Schools Athletic Commission
• Eng. Com. Sub. for SB 677: Clarifying role and responsibilities of State Resiliency Officer - (With right to amend)
• Eng. SB 679: Requiring Office of Inspector General to promulgate rules concerning location of forensic group homes
• Eng. Com. Sub. for SB 688: Allowing BOE to hire retired teachers to assist with tutoring
• Eng. SB 733: Relating to wildlife licenses and stamps
• Eng. SB 735: Clarifying department responsible for administration of certain programs
• Eng. SB 737: Emergency Medical Services Act - (With right to amend)
• Eng. Com. Sub. for HB 2062: Establish rules and regulations for e-bikes in West Virginia that more closely comport to federal law
• Eng. HB 3307: Establishing the West Virginia-Ireland Trade Commission - (Com. amend. and title amend. pending) - (With right to amend)
• Eng. HB 3340: To revise the West Virginia Tax Increment Financing Act - (With right to amend)
• Eng. HB 3428: Relating to the West Virginia Business Ready Sites Program - (Com. amend. and title amend. pending) - (With right to amend)

SECOND READING

• Com. Sub. for SB 62: Establishing secondary location for racetrack video lottery terminals
• Com. Sub. for SB 220: Industrial Hemp Development Act
• Com. Sub. for SB 422: Requiring public schools to publish curriculum online at beginning of each new school year
• Com. Sub. for Com. Sub. for SB 440: Authorizing DOH pay current obligations from State Road Fund
• Com. Sub. for SB 476: Exempting managed care contracts from purchasing requirements
• Com. Sub. for SB 541: Providing for election reforms
• Com. Sub. for SB 546: Adding and removing certain compounds from controlled substance list
• Com. Sub. for SB 547: Increasing penalties for drug possession and updating list of offenses
• Com. Sub. for SB 572: Reforming cause of action for public nuisance
• Com. Sub. for SB 573: Relating to child support guidelines and Support Enforcement Commission
• Com. Sub. for SB 634: Increasing value at which municipal property must be sold through public auction
• Com. Sub. for SB 650: Allowing physician assistants to own practice
• Com. Sub. for SB 660: Establishing aggravated felony offense of reckless driving resulting in death
• Com. Sub. for SB 666: Placing cap on maximum penalty that may be imposed for first-degree robbery
• Com. Sub. for SB 681: Clarifying that juvenile competency determination process extends to status offenders
• SB 732: Prohibiting insurer from imposing copayment for certain services
• SB 734: Requiring adoption of cloud computing services by state agencies
• SB 736: Establishing three-year nontraditional school week pilot project
• SB 739: Relating to moratorium on carbon capture agreements
• Eng. HB 3218: Relating to requiring suicide prevention resources be printed on student identification cards
• Eng. Com. Sub. for HB 3308: Authorizing PSC consider and issue financing orders to certain utilities to permit the recovery of certain costs through securitization via consumer rate relief bonds

FIRST READING

• Com. Sub. for SB 123: Creating enhanced penalties for fleeing officer
• Com. Sub. for SB 540: Creating misdemeanor offense of willfully urinating or defecating in public
• Com. Sub. for SB 552: Relating to abortion
• Com. Sub. for SB 581: Amending provisions of 2023 Farm Bill
• Com. Sub. for SB 633: Requiring prompt appearances for persons detained on capiases
• Com. Sub. for SB 647: Relating to substantiation of abuse and neglect allegations
• SB 738: Equipment Right to Repair Act

Scheduled Committee Meetings

9 a.m.: Outdoor Recreation (208W)

• Com. Sub. for SB 468: Continuing Cabwaylingo State Forest Trail System

10 a.m.: Health and Human Resources (451M)

• Agenda TBA

10:50 a.m.: Committee on Rules (219M)

1 p.m.: Transportation and Infrastructure (451M)

• Eng. Com. Sub. for HB 2218: Distracted Driving Act
• Eng. 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
• Com. Sub. for SCR 10: US Army Air Corps PVT Albert J. Sutphin Memorial Highway
• Com. Sub. for SCR 13: Wyant Brothers Memorial Road
• Com. Sub. for SCR 16: US Army 1SG James Arnold Browning Memorial Bridge
• Com. Sub. for SCR 17: US Navy HT2 Phillip Joseph "PJ" Hainer Memorial Bridge

2 p.m.: Banking and Insurance (451M)

• Eng. Com. Sub. for HB 2540: Travel Insurance Model Act
• Eng. HB 2611: To remove certain territorial limitations on a banking institution’s ability to offer messenger services or mobile banking facilities

3 p.m.: Judiciary (208W)

• Com. Sub. for HB 2638: Authorizing certain agencies of the Department of Administration to promulgate legislative rules

• Includes: 148 CSR 01, 148 CSR 06

• Com. Sub. for HB 2640: Authorizing certain agencies of the Department of Environmental Protection to promulgate legislative rules

• Includes: 45 CSR 16, 45 CSR 30, 45 CSR 34, 45 CSR 40, 38 CSR 03, 33 CSR 10, 33 CSR 13, 60 CSR 11

• Com. Sub. for HB 2648: Authorizing certain agencies and boards of the DHHR to promulgate a legislative rule

• Includes: 64 CSR 26, 64 CSR 73, 64 CSR 84, 64 CSR 110, 64 CSR 112, 65 CSR 13, 65 CSR 34, 69 CSR 13, 69 CSR 19, 78 CSR 01, 78 CSR 03, 78 CSR 18, 78 CSR 19, 78 CSR 20, 78 CSR 21, 78 CSR 25, 78 CSR 28, 114A CSR 03

3 p.m.: Finance (451M)

• Com. Sub. for SB 91: Relating to distribution of certain taxes and surcharges to benefit fire departments and emergency medical services providers
• Com. Sub. for SB 482: Relating to circuit composition and staffing of circuit courts, family courts, and magistrates
• SB 593: Mandating cost of living salary adjustment policy for state employees

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

Committee Action on Bills from Saturday, February 25, 2023

11:30 a.m.: Judiciary

• Com. Sub. for SB 470: Making adoption records accessible for medical purposes
• Committee substitute reported to the full Senate without recommendation; read a first time and re-referred to Judiciary

• Com. Sub. for SB 92: Providing compensation to victims of abusive lawsuits
• Committee will take provisions of SB 92 and SB 726 to originate a study resolution regarding legal issues presented in those bills

11:30 a.m.: Finance

• Com. Sub. for 2526: Relating to reducing the personal income tax
• Bill, as amended, reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Saturday, February 25, 2023 (224 – 198 Senate; 26 House)

Bills Pending in Committee

Resolutions Adopted by the Senate as of Saturday, February 25, 2023 (8 – 6 Senate; 2 House)

• SCR 3: Dr. Roland P. Sharp Memorial Road (House Technology and Infrastructure)
• SCR 4: US Navy S1 Ira "Noon" Copley and Marie Copley Memorial Bridge (House Technology and Infrastructure)
• SCR 6: US Army SGT Vincent DiBacco Memorial Bridge (House Technology and Infrastructure)
• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)
• SCR 8: US Army PV 2 Harold Richard Plumley Memorial Bridge (House Technology and Infrastructure)
• SCR 14: Supporting Medal of Valor nominees recommended by First Responders Honor Board (House Rules)
• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Adopted, 02-17)
• HCR 29: Amending Joint Rule 13 of the Joint Rules of the Senate and House that clarifies that when two or more bills amending the same statute are passed in the same session, the last passed controls (Adopted, 02-16)

Bills that Have Completed Legislation as of Saturday, February 25, 2023 (35 – 14 Senate; 21 House)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Signed, 02-17)
• SB 10: Campus Self-Defense Act (Completed legislation; awaiting action by the Governor)
• SB 83: Authorizing tactical medical professionals to carry firearms (Signed, 02-09)
• SB 89: Requiring hospitals to staff qualified personnel to perform sexual assault forensic exams (Completed legislation; awaiting action by the Governor)
• SB 128: Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness (Completed legislation; awaiting action by the Governor)
• SB 132: Clarifying criminal offense of harassment (Signed, 02-06)
• SB 143: Relating to Adopt-A-Stream Program (Signed, 02-06)
• 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 207: Relating to state allocation of funding to regional councils (Signed, 02-09)
• SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (Signed, 02-06)
• SB 239: Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic (Signed, 02-24)
• SB 241: Relating to Patient Brokering Act (Signed, 02-17)
• SB 275: Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (Signed, 02-24)
• HB 2006: Relating to reorganizing the Department of Health and Human Resources (Completed legislation; awaiting action by the Governor)
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Signed, 02-13)
• HB 2029: Repealing the creation of an all-payer claims database (Signed, 02-13)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (Signed, 02-22)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Signed, 02-13)
• HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (Signed, 02-15)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Signed, 02-15)
• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Signed, 02-14)
• HB 2596: To modify when a nonresident student’s transfer may be denied (Completed legislation; awaiting action by the Governor)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Signed, 02-22)
• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-14)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Signed, 02-14)
• HB 2800: All relating to authorizing legislative rules regarding higher education (Signed, 02-24)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Signed, 02-17)
• HB 2845: Relating to removing expired provisions from the code (Completed legislation; awaiting action by the Governor)

• HB 2882: Making a supplemental appropriation to the Department of Economic Development (Signed, 02-24)
• HB 3055: To create a vocational math class for students interested in careers in the trades (Completed legislation; awaiting action by the Governor)
• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Signed, 02-24)
• HB 3122: Permitting certain types of rifles using an encapsulated propellant charge that loads from the breech (Completed legislation; awaiting action by the Governor)
• HB 3164: To extend the termination date of the West Virginia Advisory Council on Rare Diseases due to a delay in beginning its duties (Completed legislation; awaiting action by the Governor)
• HB 3272: Relating to the operation of private trust companies in West Virginia (Completed legislation; awaiting action by the Governor)

Resolutions that Have Completed Legislation as of Saturday, February 25, 2023 (3 – 1 Senate; 2 House)

• SCR 7: Amending Joint Rules of Senate and House of Delegates (Adopted, 02-14)
• HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Adopted, 02-17)
• HCR 29: Amending Joint Rule 13 of the Joint Rules of the Senate and House that clarifies that when two or more bills amending the same statute are passed in the same session, the last passed controls (Adopted, 02-16)

Bills Signed by the Governor as of Saturday, February 25, 2023 (25 – 11 Senate; 14 House)

• SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (Signed, 02-17)
• SB 83: Authorizing tactical medical professionals to carry firearms (Signed, 02-09)
• SB 132: Clarifying criminal offense of harassment (Signed, 02-06)
• SB 143: Relating to Adopt-A-Stream Program (Signed, 02-06)
• 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 207: Relating to state allocation of funding to regional councils (Signed, 02-09)
• SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (Signed, 02-06)
• SB 239: Requiring Commissioner of Bureau for Behavioral Health to engage certain providers and leaders to study homeless demographic (Signed, 02-24)
• SB 241: Relating to Patient Brokering Act (Signed, 02-17)
• SB 275: Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements (Signed, 02-24)
• HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Signed, 02-13)
• HB 2029: Repealing the creation of an all-payer claims database (Signed, 02-13)
• HB 2412: Declaring November 14 every year, a special Memorial Day in remembrance of the Marshall University airplane crash (Signed, 02-22)
• HB 2506: Creating a title clearinghouse for non-resident businesses (Signed, 02-13)
• HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days (Signed, 02-15)
• HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Signed, 02-15)
• HB 2564: Repeal of administrative hearing procedures for DUI offenses (Signed, 02-14)
• HB 2602: Reestablishing certain specialized school service personnel classifications (Signed, 02-22)
• HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Signed, 02-14)
• HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Signed, 02-14)
• HB 2800: All relating to authorizing legislative rules regarding higher education (Signed, 02-24)
• HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (Signed, 02-17)
• HB 2882: Making a supplemental appropriation to the Department of Economic Development (Signed, 02-24)
• HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Signed, 02-24)

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.