Senate Calendar and Committee Schedule for Thursday, February 2, 2023

February 1, 2023
in Member Press Release

Thursday, February 2, 2023 – 23rd Day of Session

The Senate will convene at 11 a.m.

THIRD READING

Com. Sub. for SB 356: Authorizing DOT to promulgate legislative rules

SECOND READING

Sub. for SB 205: Relating to registration plates
SB 224: Establishing revocation of authority for spending by agency in support of challenge to WV law
SB 275: Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements
Sub. for SB 294: Clarifying amount of deputy sheriff annual salary increase
Sub. for SB 345: Authorizing Department of Revenue to promulgate legislative rules
SB 457: Removing certain activities Alcohol Beverage Control Commission licensee is prohibited to permit on private club premises
Sub. for SB 461: Relating to WV public employees grievance procedure
Sub. for SB 472: Creating criminal offense of indecent exposure in front of minors
HB 2564: Repeal of administrative hearing procedures for DUI offenses
HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act
HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act

FIRST READING

Sub. for SB 232: Creating study group to make recommendations regarding diversion of persons with disabilities from criminal justice system
SB 296: Uniform Public Meetings During Emergencies Act
Sub. for SB 463: Increasing validity of CDL instruction permit
HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University

Scheduled Committee Meetings

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

Sub. for Com. Sub. for SB 419: Amending professions and occupations licensure provisions for individuals with military training
Sub. for SB 436: Relating to prompt payment of legitimate, uncontested invoices by state agencies
SB 465: Increasing limit on moneys placed in county’s rainy day fund
Sub. for SB 300: Relating to law-enforcement training and certification
Sub. for SB 176: Allowing Tax Commissioner to process certain early refunds
Sub. for SB 514: Clarifying procedure for administrative dissolution of corporations by Secretary of State
Sub. for SB 295: Extending time that prescription for spectacles or contact lenses remains valid

9 a.m.: Education (208W)

SB 216: Requiring all schools to instruct students on Holocaust and other genocides
SB 489: Requiring BOE provide free feminine hygiene products in grades six through 12
HB 2800: All relating to authorizing legislative rules regarding higher education
Presentation: Solution for Success Results

o Dale Lee, President of WVEA

o Fred Albert, President of AFT-WV

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

SB 13: Establishing annual oversight fee for wells producing more than 10,000 cubic feet of gas per day

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

SB 266: Relating to tobacco usage restrictions
SB 267: Updating law regarding prior authorizations

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

Sub. for SB 49: Establishing criminal offense for being under influence of controlled substance unless specifically prescribed
Sub. for SB 123: Creating enhanced penalties for fleeing officer
Sub. for SB 187: Creating new criminal offenses of sexual contact, intrusion, or abuse of students by school employee
Sub. for SB 532: Creating new crime of soliciting minor

3 p.m.: Finance (451M)

Budget Presentation: Marshall University
Budget Presentation: West Virginia University

3:15 p.m.: Judiciary (208W)

Sub. for SB 299: Creating new misdemeanor offense of unlawful entry, occupation or retention of real property
SB 498: Relating to employee jury service tax credit

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

Senate Bills to be Introduced Thursday, February 2, 2023

SB 543: Authorizing rule-making changes to terms, procedures and reporting duties in higher education (FN) (Grady; Education then Finance)
SB 544: Increasing power purchase agreement cap (Queen; Government Organization)
SB 545: Authorizing sheriffs to retire at age 62 with eight or more years of service (Martin, Queen; Pensions)
SB 546: Adding and removing certain compounds from controlled substance list (Stuart; Judiciary)
SB 547: Increasing penalties for drug possession and updating list of offenses (Deeds, Azinger, Chapman, Hunt, Karnes, Oliverio, Queen, Roberts, Stuart, Taylor, Woodrum; Judiciary)
SB 548: Clarifying what parties can redeem delinquent property and limiting those entitled to bid (Weld; Judiciary)
SB 549: Updating provisions of Uniform Commercial Code (IB) (Woodrum; Judiciary)
SB 550: Requiring state entities, local entities and law enforcement agencies to enforce immigration laws (Maynard; Judiciary)
SB 551: Creating Medicaid state plan amendment (FN) (Tarr; Health and Human Resources then Finance)
SB 552: Relating to abortion (Rucker; Health and Human Resources then Judiciary)
SJR 10: Returning Roads to Counties Amendment of 2023 (Chapman; Judiciary then Finance)
SR 23: Designating February 3, 2023, as WV Homeschool Day at Legislature (Grady)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Wednesday, February 1, 2023

1 p.m.: Committee on School Choice

SB 453: Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor
Bill reported to the full Senate with the recommendation it do pass; second reference to Pensions

1 p.m.: Economic Development

Sub. for SB 256: Relating to WV Economic Development Authority
Committee substitute reported to the full Senate with the recommendation it do pass

2 p.m.: Outdoor Recreation

Sub. SB 468: Continuing Cabwaylingo State Forest Trail System
Motion to report committee substitute failed; original version of SB 468 laid over to a future meeting

2 p.m.: Pensions

Sub. for SB 449: Updating terms for Natural Resources Police Officers Retirement System and retirement systems for charter schools
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

Sub. for SB 450: Defining medical examination for disability purposes in retirement plans administered by the Consolidated Public Retirement Board (CPRB)
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

Sub. for SB 475: Modifying examinations for disability pensions
Committee substitute reported to the full Senate with the recommendation it do pass

Sub. for SB 451: Relating to Teachers’ Retirement System and Teachers Defined Contribution Retirement System
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

3 p.m.: Judiciary

Sub. for SB 361 (Misc. Bundle): Authorizing Board of Accountancy to promulgate legislative rule relating to board rules of professional conduct

o Includes: SB 362, Authorizing Board of Acupuncture to promulgate legislative rule relating to advertising by licensed acupuncturists; SB 363, Authorizing Board of Acupuncture to promulgate legislative rule relating to standards of practice of acupuncture by licensed acupuncturists; SB 364, Authorizing Board of Acupuncture to promulgate legislative rule relating to continuing education requirements; SB 365, Authorizing Department of Agriculture to promulgate legislative rule relating to WV apiary rule; SB 366, Authorizing Department of Agriculture to promulgate legislative rule relating to schedule of charges for inspection services: Fruit; SB 367, Authorizing Department of Agriculture to promulgate legislative rule relating to noxious weeds rule; SB 368, Authorizing Department of Agriculture to promulgate legislative rule relating to Grade “A” pasteurized milk; SB 369, Authorizing Agriculture Commissioner to promulgate legislative rule relating to inspection of nontraditional, domesticated animals; SB 370, Authorizing Department of Agriculture to promulgate legislative rule relating to hemp products; SB 371, Authorizing Department of Agriculture to promulgate legislative rule relating to livestock care standards; SB 372, Authorizing Department of Agriculture to promulgate legislative rule relating to farm-to-food bank tax credit; SB 373, Authorizing Department of Agriculture to promulgate legislative rule relating to farmers markets; SB 374, Authorizing Athletic Commission to promulgate legislative rule relating to administrative rules of WV State Athletic Commission; SB 375, Authorizing Athletic Commission to promulgate legislative rule relating to regulation of mixed martial arts; SB 376, Authorizing State Auditor to promulgate legislative rule relating to standards for voluntary payroll deductions; SB 377, Authorizing Conservation Agency to promulgate legislative rule relating to operation of WV State Conservation Committee and conservation districts; SB 378, Authorizing Conservation Agency to promulgate legislative rule relating to conservation district accounting and auditing standards; SB 379, Authorizing Board of Dentistry to promulgate legislative rule relating to dental recovery networks; SB 380, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements; SB 381, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to crematory requirements; SB 382, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to fee schedule; SB 383, Authorizing Board of Landscape Architects to promulgate legislative rule relating to registration of landscape architects; SB 384, Authorizing Board of Medicine to promulgate legislative rule relating to licensing of physicians and podiatric physicians and disciplinary procedures for applicants, licensees, credential holders; SB 385, Authorizing Board of Medicine to promulgate legislative rule relating to licensure, practice requirements, disciplinary and complaint procedures, continuing education, physician assistants; SB 386, Authorizing Board of Medicine to promulgate legislative rule relating to collaborative pharmacy practice; SB 387, Authorizing Board of Medicine to promulgate legislative rule relating to prohibiting sexual misconduct by health care practitioners; SB 388, Authorizing Board of Optometry to promulgate legislative rule relating to optometric telehealth practice; SB 389, Authorizing Board of Osteopathic Medicine to promulgate legislative rule relating to osteopathic physician assistants; SB 390, Authorizing Board of Pharmacy to promulgate legislative rule relating to licensure and practice of pharmacy; SB 391, Authorizing Board of Pharmacy to promulgate legislative rule relating to Uniform Controlled Substance Act; SB 392, Authorizing Board of Pharmacy to promulgate legislative rule relating to Board of Pharmacy rules for registration of pharmacy technicians; SB 393, Authorizing Board of Pharmacy to promulgate legislative rule relating to regulations governing pharmacy permits; SB 394, Authorizing Board of Pharmacy to promulgate legislative rule relating to inspections; SB 395, Authorizing Board of Pharmacy to promulgate legislative rule relating to Donated Drug Repository Program; SB 396, Authorizing Psychologists to promulgate legislative rule relating to code of conduct; SB 397, Authorizing Board of Registered Nurses to promulgate legislative rule relating to requirements for registration and licensure and conduct constituting professional misconduct; SB 398, Authorizing Board of Registered Nurses to promulgate legislative rule relating to advanced practice registered nurse licensure requirements; SB 399, Authorizing Board of Registered Nurses to promulgate legislative rule relating to limited prescriptive authority for nurses in advanced practice; SB 400, Authorizing Board of Registered Nurses to promulgate legislative rule relating to continuing education and competence; SB 401, Authorizing Board of Registered Nurses to promulgate legislative rule relating to fees for services rendered by board; SB 402, Authorizing Board of Registered Nurses to promulgate legislative rule relating to practitioner requirements for accessing WV Controlled Substance Monitoring Program database; SB 403, Authorizing Board of Registered Nurses to promulgate legislative rule relating to telehealth practice; SB 404, Authorizing Secretary of State to promulgate legislative rule relating to early voting in-person satellite precincts; SB 405, Authorizing Secretary of State to promulgate legislative rule relating to Combined Voter Registration and Driver Licensing Fund; SB 406, Authorizing Secretary of State to promulgate legislative rule relating to administrative procedures for Nonpublic Funding for Election Administration Fund; SB 407, Authorizing State Treasurer to promulgate legislative rule relating to enforcement of Uniform Unclaimed Property Act; SB 491, Authorizing Treasurer’s Office to promulgate legislative rule relating to Hope Scholarship Program; SB 408, Authorizing State Treasurer to promulgate legislative rule relating to Jumpstart Savings Program

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

Sub. for SB 247: Making administrative appeals and judicial review of board action subject to provisions of Administrative Procedures Act
Committee substitute reported to the full Senate with the recommendation it do pass

Sub. for SB 50: Requiring one-year residency within district or county to fill vacancy in Legislature
Committee substitute reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Wednesday, February 1, 2023 (82 – 77 Senate; 5 House)

House Bills and Resolutions Pending in the Senate as of Wednesday, February 1, 2023 (29 Bills; 2 Resolutions)

HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Completed legislation; awaiting action by the Governor)
HB 2029: Repealing the creation of an all-payer claims database (Completed legislation; awaiting action by the Governor)
HB 2113: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse (Judiciary)
HB 2221: Relating to bankruptcy (Judiciary)
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 2436: Relating to the implementation of an acuity-based patient classification system (Health and Human Resources)
HB 2506: Creating a title clearinghouse for non-resident businesses (Completed legislation; awaiting action by Governor)
HB 2509: Creating the Uniform Premarital Agreement Act (Judiciary)
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 (Passed Senate; pending House concurrence to Senate amendments)
HB 2531: Requiring cooperation between the rail company and the Division of Highways when construction or maintenance activities are conducted by the company (Transportation and Infrastructure)
HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life (Passed Senate; pending House concurrence to Senate amendments)
HB 2564: Repeal of administrative hearing procedures for DUI offenses (S Second Reading, 02-02)
HB 2569: Establishing the Motorsport Responsibility Act (Outdoor Recreation)
HB 2596: To modify when a nonresident student’s transfer may be denied (Pending Senate introduction)
HB 2597: Amending performance evaluations of professional personnel (Education)
HB 2602: Reestablishing certain specialized school service personnel classifications (Education)
HB 2613: Relating to the administration of anesthetics (Pending Senate introduction)
HB 2754: Relating to immunizations performed in a pharmacy (Health and Human Resources)
HB 2757: Relating to expanding institutional eligibility for the WV Invests Grant Program (Education)
HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (S Second Reading, 02-02)
HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (S Second Reading, 02-02)
HB 2800: All relating to authorizing legislative rules regarding higher education (Education)
HB 2835: Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University (S First Reading, 02-02)
HB 2850: Relating to students with exceptional needs (Education)
HB 2870: Correcting a reference relating to siting certificates for certain electric generating facilities (Pending Senate introduction)
HB 2890: Modifying student discipline (Education)
HB 3061: Relating to updating the authority of the Foster Care Ombudsman (Pending Senate introduction)
HCR 11: Relating to Higher Education Consortium for Emerging Energy Technologies (Pending Senate introduction)
HCR 13: Make 2nd week of February of every year a week of recognition of the Boy Scouts of America (Pending Senate introduction)

Bills that Have Completed Legislation as of Wednesday, February 1, 2023 (9 – 6 Senate; 3 House)

SB 132: Clarifying criminal offense of harassment (Completed legislation; awaiting action by the Governor)
SB 143: Relating to Adopt-A-Stream Program (Completed legislation; awaiting action by the Governor)
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 (Completed legislation; awaiting action by Governor)
SB 231: Transferring administration of WV Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program to Department of Economic Development (Completed legislation; awaiting action by the Governor)
HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting (Completed legislation; awaiting action by the Governor)
HB 2029: Repealing the creation of an all-payer claims database (Completed legislation; awaiting action by the Governor)
HB 2506: Creating a title clearinghouse for non-resident businesses (Completed legislation; awaiting action by Governor)

Bills Signed by the Governor as of Wednesday, February 1, 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.

Contact: Jacque Bland at (304) 357-7999

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