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Senate Calendar and Committee Schedule for Wednesday, March 17, 2021

Wednesday, March 17, 2021 – 36th Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

  • SCR 27: Walker Brothers Veterans Memorial Bridge
  • SR 20: Recognizing Disability Advocacy Day

THIRD READING

  • Eng. Com. Sub. for SB 297: Relating generally to modernizing Board of Treasury Investments
  • Eng. Com. Sub. for SB 303: Creating Local Government Labor and Consumer Marketing Regulatory Limitation Act (original similar to HB 2907)
  • Eng. SB 391: Relating to study of child protective services and foster care workforce
  • Eng. Com. Sub. for SB 431: Relating to school attendance notification requirements to DMV
  • Eng. Com. Sub. for SB 502: Providing lifetime hunting, fishing, and trapping license to residents, adopted, and foster children under 15
  • Eng. Com. Sub. for HB 2008: Amending requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers – (Com. title amend. pending)
  • Eng. Com. Sub. for HB 2013: Relating to the Hope Scholarship Program
  • Eng. Com. Sub. for 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

SECOND READING

  • Com. Sub. for SB 562: Relating to juvenile competency proceedings
  • 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 – (Com. amend. pending)
  • 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)

FIRST 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

Scheduled Committee Meetings

9 a.m.: Military (208W)

  • Com. Sub. for SB 478: Permitting use of established federal marketplace programs to purchase supplies
  • Com. Sub. for SB 479: Relating to WV veterans service decoration and WV Service Cross
  • Com. Sub. for SB 586: Providing WV veterans 50 percent off fees and charges at state parks
  • SCR 20: Supporting and celebrating centennial anniversary of Jones Act

1 p.m.: Economic Development (451M)

  • Com. Sub. for SB 445: Reinstating film investment tax credit
  • Com. Sub. for SB 452: Requiring development of comprehensive and strategic plan for off-highway vehicle recreation
  • Com. Sub. for SB 464: Developing and implementing program to regulate source-separated organic material waste

2 p.m.: Pensions (451M)

  • General Discussion: Relating to creation of a 3rd tier within PERS for uniformed service members, including 911 Emergency and Safety Personnel

3 p.m.: Finance (451M)

  • SB 395: Expanding PEIA Finance Board membership
  • Com. Sub. for SB 398: Limiting eligibility of certain employers to participate in PEIA plans

3 p.m.: Judiciary (208W)

  • HB 2905: Relating to repealing the prohibition against the use of certain words
  • Com. Sub. for SB 565: Relating generally to elections
  • SB 601: Relating generally to public employees grievance procedure

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

Senate Bills to be Introduced Wednesday, March 17, 2021

  • SB 645: Decreasing existing items of appropriation from DHHR, Division of Human Services and Division of Health [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 646: Supplemental appropriation of federal funds to Department of Homeland Security [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 647: Supplemental appropriation from Treasury to Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 648: Supplemental appropriation of federal funds to Child Care and Development [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 649: Legalizing cannabis production, sales, and adult consumption (FN) (Caputo, Lindsay; Judiciary then Finance)
  • SB 650: Permitting concealed carry in certain areas on State Capitol Complex (Stover, Azinger, Grady, Karnes, Martin, Maynard, Phillips, Roberts, Rucker, Smith, Swope, Sypolt, Tarr, Woodrum; Judiciary)
  • SB 651: Allowing county boards of education to publish financial statements on website (Rucker; Education)
  • SB 652: Supplementing and amending various accounts within DHHR [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 653: Supplemental appropriation from Treasury to Division of Health, Central Office [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 654: Supplemental appropriation of federal funds to Department of Commerce, Geological and Economic Survey [By Request of the Executive] (Blair, Baldwin; Finance)
  • SB 655: Eliminating sunset and legislative audit provisions for certain PSC rules (Swope; Judiciary)
  • SB 656: Relating to use of federal index in setting rates for collection and haulage of solid waste (Swope; Government Organization)
  • SB 657: Forming Open and Robust University Minds Act (Phillips, Azinger, Rucker, Smith, Sypolt, Tarr, Woodrum; Education then Judiciary)
  • SB658: Requiring sheriff’s departments to participate and utilize Handle With Care Program for trauma-inflicted children (Grady; Judiciary)
  • SCR 28: US Army PVT Thomas D. Beckett, Sr., Memorial Bridge (Stollings)
  • SR 21: Recognizing anniversary of SS Sultana tragedy (Weld)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Tuesday, March 16, 2021

10 a.m.: Transportation and Infrastructure

  • SCR 16: USMC Corporal Roger Lee Boothe Memorial Road
  • Resolution reported to the full Senate with the recommendation it be adopted
  • Com. Sub. for SB 474: Exempting DOH from Purchasing Division procedures
  • Committee withdrew motion to report bill and motion to agree to committee substitute; bill will return at a future meeting
  • Originating Bill 1: Relating to traffic regulations
  • Bill laid over to future meeting
  • Com. Sub. for SB 440: Relating to requirements on abandoned or discontinued state highway or road
  • Committee substitute reported to the full Senate with the recommendation it do pass; Second reference to Finance
  • 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
  • Bill reported to the full Senate with the recommendation it do pass

1 p.m.: Health and Human Resources

  • SB 509: Removing requirement that determination of medical stability be found prior to admission to mental health facility
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • HB 2024: Expand use of telemedicine to all medical personnel
  • Bill, as amended, reported to the full Senate with the recommendation it do pass
  • SB 384: Increasing minimum salaries for bureau for Child Support Enforcement attorneys
  • Bill reported to the full Senate with the recommendation it do pass; Second reference to Finance
  • Eng. HB 2265: Relating to collaborative pharmacy practice and updating rulemaking authority
  • Committee reconsidered motion to reject bill; bill laid over to future meeting

2 p.m.: Education

  • SB 636: Requiring certain history and civics courses be taught in schools
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • SB 36: Relating to WV Secondary School Activities Commission audits
  • Committee substitute reported to the full Senate with the recommendation it do pass

2 p.m.: Government Organization

  • HB 2007: Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states
  • Bill laid over to future meeting

3 p.m.: Finance

  • HB 2788: Expiring funds to the unappropriated surplus balance from State Excess Lottery Revenue Fund
  • Bill reported to the full Senate with the recommendation it do pass
  • HB 2804: Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021
  • Bill reported to the full Senate with the recommendation it do pass
  • Com. Sub. for HB 2789: Supplementing and amending the appropriations to Public Defender Services
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • 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
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • 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
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • SB 533: Allowing limits of business and occupation taxes imposed on sale of automobiles
  • Motion to report the committee substitute to the full Senate failed; bill will not be reported

3 p.m.: Judiciary

  • Com. Sub. for SB 569: Relating to damages for medical monitoring
  • Committee substitute reported to the full Senate with the recommendation it do pass
  • Com. Sub. for HB 2382: Authorizing the Department of Environmental Protection to promulgate a legislative rules (Includes: 45 CSR 8, DEP rule relating to ambient air quality standards; 45 CSR 16, DEP rule relating to standards of performance for new stationary sources; 45 CSR 18, DEP rule relating to control of air pollution from combustion of solid waste; 45 CSR 23, DEP rule relating to control of air pollution from municipal solid waste landfills; 45 CSR 33, DEP rule relating to acid rain provisions and permits; 45 CSR 34, DEP rule relating to emission standards for hazardous air pollutants; 45 CSR 44, DEP rule relating to control of greenhouse gas emissions from existing coal-fired electric utility generating units; 47 CSR 02, DEP rule relating to requirements governing water quality standards; 33 CSR 20, DEP rule relating to hazardous waste management system; 60 CSR 03, DEP rule relating to voluntary remediation and redevelopment rule.
  • Bill pulled from agenda
  • Com. Sub. for SB 614: Including family court judges in Judges’ Retirement System
  • Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

Bills that Have Passed the Senate as of Tuesday, March 16, 2021 (100 Senate; 10 House)

Resolutions Adopted by the Senate as of Tuesday, March 16, 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 Tuesday, March 16, 2021 (73 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 (Passed; pending House concurrence to Senate amendment)
  • 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 (S Third Reading, 03-17)
  • 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 (S Third Reading, 03-17)
  • 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 (Health and Human Resources)
  • 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 Second Reading, 03-17)
  • HB 2379: Make criminal invasion of privacy a felony (Pending Senate introduction)
  • HB 2382: Authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards (House Judiciary)
  • 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 (S Third Reading, 03-17)
  • 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 Second Reading, 03-17)
  • 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 (Transportation and Infrastructure)
  • 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 First Reading, 03-17)
  • 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 (Pending Senate introduction)
  • HB 2776: Creating the Air Ambulance Patient Protection Act (Pending Senate introduction)
  • HB 2788: Expiring funds to the unappropriated surplus balance from State Excess Lottery Revenue Fund (Finance)
  • HB 2789: Supplementing and amending the appropriations to Public Defender Services (Householder) (Finance)
  • HB 2791: Relating to enrollment and costs of homeschooled or private school students at vocational schools (Education)
  • 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 (Finance)
  • 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 (Finance)
  • HB 2804: Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021 (Finance)
  • 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 (Pending Senate introduction)
  • 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)
  • 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 (Pending Senate introduction)
  • HCR 9: Urging Congress to call a convention of states to limit terms of office of the US House of Representatives (Pending Senate introduction)
  • HCR 13: TEC 5 U. S. Army Donald “Tiny” Lucas Memorial Bridge (Pending Senate introduction)
  • HCR 15: Rare Disease Day (Health and Human Resources)
  • HCR 16: PFC Franklin D. Frazier Memorial Road (Pending Senate introduction)
  • 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.” (Pending Senate introduction)
  • HCR 35: Requesting the Department of Health and Human Resources to continuously evaluate the child welfare system (Pending Senate introduction)

Bills and Resolutions that Have Completed Legislation as of Tuesday, March 16, 2021 (23 – 16 Senate; 7 House)

Bills Signed by the Governor as of Tuesday, March 16, 2021 (6 – 1 Senate; 5 House)

  • SB 14: Providing for additional options for alternative certification for teachers (Signed, 03-10)
  • 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)

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.

Contact: Jacque Bland at (304) 357-7999