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Wednesday, Jan. 30, 2019
22th Day of the Legislative Session

Rotunda and social activities: Ag and Conservation Day, Upper House and Upper Senate Rotundas; West Virginia Council of Churches Rally, Attorney General Rotunda.

 

 

SENATE: 

Senate to convene at 9:30 a.m. 

On The Agenda

The Senate will resolve into the Committee of the Whole for SB 451: Comprehensive education reform at 11 a.m.

 

RESOLUTIONS

• SR 23: Designating January 30, 2019, as Cancer Survivorship Day
• SR 24: Congratulating D. Frank Masters for winning Conservation Farm of Year Award

 

THIRD READING

• Com. Sub. for SB 4: Relating generally to Municipal Home Rule Program – (With right to amend)
• Eng. Com. Sub. for SB 72: Creating Sexual Assault Victims’ Bill of Rights
• Eng. Com. Sub. for SB 102: Relating generally to powers and authority of courthouse security officers
• Eng. SB 149: Exempting certain veterans from concealed weapons license fees (original similar to HB 2672)
• Eng. Com. Sub. for SB 199: Authorizing certain miscellaneous agencies and boards promulgate legislative rules (original similar to HB 2282)
• Eng. SB 233: Relating to age requirements for deputy sheriff
• Eng. Com. Sub. for SB 243: Requiring racetrack participate in WV Thoroughbred Development Fund
• Eng. SB 256: Allowing certain deductions from individual personal income tax refunds
• Eng. Com. Sub. for SB 258: Establishing common law “veil piercing” claims not be used to impose personal liability
• Eng. SB 297: Extending expiration of military members’ spouses’ driver’s license
• Eng. Com. Sub. for SB 390: Requiring electric utilities submit feasibility studies of constructing and operating middle-mile broadband internet projects
• Eng. HB 2351: Relating to regulating prior authorizations

 

SECOND READING

 

• Com. Sub. for SB 187: Authorizing Department of Revenue to promulgate legislative rules (original similar to HB 2270)
• Com. Sub. for SB 270: Streamlining process for utilities access to DOH rights-of-way (original similar to HB 2416)

 

FIRST READING

 

• Com. Sub. for SB 103: Relating generally to Public Defender Services
• Com. Sub. for SB 264: Requiring courts to order restitution to crime victims where economically practicable
• SB 331: Using leashed dogs to track mortally wounded deer or bear
• SB 332: Relating to Class Q special hunting permit for disabled persons

 

Committees

Daily Committee Schedule: 

* Because of the Committee of the Whole, most Senate Committees have not announced many meetings for tomorrow.

 

2 p.m.: Agriculture

• SB 383: Creating WV Healthy Food Crop Block Grant

 

Senate Bills

• SB 468: Eliminating requirement schools be closed on election days (Sypolt; Education then Judiciary)
• SB 469: Requiring DEP prepare guidelines for certain gas stations having small volume above-ground storage tanks (Maynard; Judiciary)
• SB 470: Providing for periodic payment of verdict awards under Medical Professional Liability Act (Takubo, Maroney, Stollings, Tarr; Judiciary)
• SB 471: Creating WV Farm Fresh Raw Milk Act (Sypolt; Agriculture and Rural Development then Judiciary)
• SB 472: Exempting retirement income of certain uniformed services members from state income tax (FN) (Sypolt; Pensions then Finance)
• SB 473: Creating Taxation with Representation Act (Sypolt; Judiciary)
• SB 474: Establishing shared legal and physical custody of child in divorce cases (Azinger; Judiciary)
• SB 475: Permitting persons over age 21 operate or be passenger without helmet on motorcycle (Sypolt; Transportation and Infrastructure then Judiciary)
• SB 476: Training of State Tax Division employees (FN) (Blair; Finance)
• SB 477: Relating generally to collection of use tax (FN) (Blair; Finance)
• SB 478: Supplemental appropriation to Fire Commission (Cline; Finance)
• SB 479: Requiring each state institution of higher education adopt and submit written sexual assault policy to WV HEPC (Cline; Education then Judiciary)
• SB 480: Relating to administration of estates (Trump; Judiciary)
• SB 481: Relating to Judicial Vacancy Advisory Commission (Trump; Judiciary)
• SB 482: Relating to barring parent from inheriting from child in certain instances (Trump; Judiciary)
• SB 483: Relating to administration of estates (Trump; Judiciary)
• SB 484: Prohibiting civil rights violations based on gender identity or sexual orientation (Palumbo, Baldwin, Beach, Jeffries, Stollings; Judiciary)
• SJR 10: Disabled Veteran Exemption From Ad Valorem Property Taxation Amendment (Smith, Sypolt; Judiciary then Finance)
• SJR 11: Just Cut Taxes and Win Amendment (Carmichael, Prezioso; Judiciary then Finance) [By Request of the Executive]
• SCR 20: US Air Force SSGT Ryan David Hammond Memorial Bridge (Maroney, Clements)

 

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

 

Committee Action on Bills from Tuesday, January 29, 2019

 

10 a.m.: Military

• SB 450: Exempting recipients of the distinguished Purple Heart medal from payment of the vehicle registration fee for West Virginia residents
• Committee Substitute reported to full Senate with recommendation it do pass; second reference to Finance

 

10 a.m.: Transportation and Infrastructure

• SB 105: Creating enhanced penalty for certain aggravated traffic offenses
• Bill reported to full Senate with recommendation it do pass; second reference to Judiciary

 

• SCR 12: US Army CPL Lee Roy Young Memorial Bridge
• Resolution reported to full Senate with recommendation it be adopted

 

1 p.m.: Energy, Industry and Mining

• SB 52: Entitling natural resource producers to economic opportunity tax credit
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

 

1 p.m.: Health and Human Resources

• SB 81: Prohibiting smoking in vehicle when minor under 16 present
• Committee Substitute reported to full Senate with recommendation it do pass; second reference to Judiciary

 

2 p.m.: Government Organization

• SB 90: Transferring Safety and Treatment Program from DHHR to DMV
• Committee Substitute reported to full Senate with recommendation it do pass; second reference to Finance

 

• SB 323: Establishing revenue fund and source to support Department of Agriculture’s improvement to facilities
• Committee Substitute reported to full Senate with recommendation it do pass; second reference to Finance

 

• SB 324: Relating to Commissioner of Agriculture employees
• Bill reported to full Senate with recommendation it do pass

 

• SB 357: Relating generally to Division of Administrative Services
• Committee Substitute reported to full Senate with recommendation it do pass

 

• SB 358: Exempting Purchasing Division purchases for equipment to maintain security at state facilities
• Bill reported to full Senate with recommendation it do pass

 

3 p.m.: Judiciary (208W)

• SB 369: Relating to generic drug products
• Committee Substitute reported to full Senate with recommendation it do pass

 

• SB 373: Relating to financial responsibility of inmates
• Committee Substitute reported to full Senate with recommendation it do pass

 

• SB 398: Relating to compensation for senior judges
• Committee Substitute reported to full Senate with recommendation it do pass; second reference to Finance

 

• SB 399: Relating to compensation for senior magistrates
• Bill reported to full Senate with recommendation it do pass; second reference to Finance

 

• SB 361: Relating to Public Defender Services
• Committee Substitute reported to full Senate with recommendation it do pass

 

• HB 2462: Issuing a certificate to correctional employees to carry firearms
• Strike-and-insert amendment adopted; bill reported to full Senate with recommendation it do pass

 

• SB 377: Relating to minimum wage and maximum hour standards
• Bill reported to full Senate with recommendation it do pass

 

Bills that Have Passed the Senate as of Tuesday, January 29, 2019 (30)

 

• SB 1: Increasing access to career education and workforce training (House Education)
• SB 3: Establishing WV Small Wireless Facilities Deployment Act (House Technology and Infrastructure)
• SB 10: Relating to Second Chance Driver’s License Program (House Technology and Infrastructure)
• SB 17: Relating to probation eligibility (Passed House; pending message)
• SB 18: Relating to crimes committed on State Capitol Complex (House Judiciary)
• SB 24: Relating generally to local boards of health (House Political Subdivisions)
• SB 27: Removing restrictions on where certain traditional lottery games may be played (First Reading, 01-30-19)
• SB 28: Removing hotel occupancy tax limit collects for medical care and emergency services (Second Reading, 01-30-19)
• SB 36: Allowing adjustment of gross income for calculating personal income liability for certain retirees (House Pensions and Retirement)
• SB 55: Relating to driving privileges and requirements for persons under 18 (House Technology and Infrastructure)
• SB 61: Adding certain crimes for which prosecutor may apply for wiretap (House Judiciary)
• SB 62: Requiring participation in drug court program before discharge of certain first-time drug offenses (House Prevention and Treatment of Substance Abuse)
• SB 63: Relating to partial filling of prescriptions (Pending House introduction)
• SB 101: Equalizing penalties for intimidating and retaliating against certain public officers and other persons (House Judiciary)
• SB 106: Alleviating double taxation on foreign income at state level (House Small Business, Entrepreneurship and Economic Development)
• SB 119: Specifying documents not subject to discovery in certain proceedings (Passed House; pending message)
• SB 124: Creating felony offense for actions of cruelty to animals which causes serious injury or death of animal (House Judiciary)
• SB 152: Relating generally to criminal offense expungement (House Judiciary)
• SB 177: Fire Commission rule relating to State Building Code (Second Reading, 01-30-19)
• SB 190: DOH rule relating to employment procedures (House Technology and Infrastructure)
• SB 223: Authorizing Department of Commerce promulgate legislative rules (House Energy)
• SB 236: Providing notice of eligibility to persons to vote after completion of punishment or pardon (Pending House introduction)
• SB 240: Repealing certain legislative rules no longer authorized or are obsolete (House Judiciary)
• SB 241: Permitting county court clerks scan certain documents in electronic form (House Political Subdivisions)
• SB 253: Protecting consumers from automatic purchase renewal and continuous service offers (House Judiciary)
• SB 255: Relating to Emergency Medical Services Advisory Committee (First Reading, 01-30-19)
• SB 268: Updating meaning of federal taxable income in WV Corporation Net Income Tax Act (House Finance)
• SB 269: Updating terms used in WV Personal Income Tax Act (House Finance)
• SB 272: Updating code relating to Commission on Special Investigations (Pending Senate concurrence)

• SB 354: Expiring funds to balance of Auditor’s Office – Chief Inspector’s Fund (House Finance)

 

Resolutions that have Passed the Senate as of Tuesday, January 29, 2019 (3)

 

• SCR 4: US Marine Corps Lt. Col. Dennis Ray Blankenship Memorial Road (House Technology and Infrastructure)
• SCR 9: US Army PFC Winten L. Wayts Memorial Bridge (House Technology and Infrastructure)
• SCR 11: Urging Congress pass fully funded long-term surface transportation and infrastructure measures (House Technology and Infrastructure)

 

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.

 

 

 

 

HOUSE OF DELEGATES: 

House to convene at 11 a.m.

SPECIAL CALENDAR **

On the agenda:

THIRD READING – For Passage

• Com. Sub. for H. B. 2407 – Relating to registered professional nurses
• H. B. 2492 – Relating to mandatory reporting procedures of abuse and neglect of adults and children
• H. B. 2510 – Relating to special funds of boards of examination or registration
• H. B. 2525 – Tobacco Cessation Therapy Access Act
• H. B. 2530 – Creating a voluntary certification for recovery residences
• Com. Sub. for H. B. 2531 – Permitting trained nurses to provide mental health services in a medication-assisted treatment program
• H. B. 2559 – Requiring a special report by the Division of Personnel

SECOND READING – Amendment Stage

• S. B. 28 – Removing hotel occupancy tax limit collects for medical care and emergency services (Finance Committee Amendment Pending)
• S. B. 177 – Fire Commission rule relating to State Building Code
• Com. Sub. for H. B. 2010 – Relating to foster care
• Com. Sub. for H. B. 2324 – Authorizing the acupuncture board to issue certificates to perform auricular acudetox therapy
• Com. Sub. for H. B. 2503 – Relating to court actions
• Com. Sub. for H. B. 2521 – Relating to permitting fur-bearer parts

FIRST READING

• S. B. 27 – Removing restrictions on where certain traditional lottery games may be played (Finance Committee Amendment Pending)
• Com. Sub. for S. B. 255 – Relating to Emergency Medical Services Advisory Committee
• Com. Sub. for H. B. 2001 – Creating a partial state income tax exemption for Social Security benefits received by certain taxpayers
• H. B. 2474 – Relating to a reserving methodology for health insurance and annuity contracts
• Com. Sub. for H. B. 2476 – Relating to the valuation of a motor vehicle involved in an insurance claim
• H. B. 2478 – Modifying the Fair Trade Practices Act
• H. B. 2480 – Relating to the regulation of an internationally active insurance group
• Com. Sub. for H. B. 2524 – Permitting a pharmacist to convert prescriptions authorizing refills under certain circumstances
• H. B. 2679 – Relating to state issued identification cards

 

Committees

Daily Committee Schedule

Committee on Government Organization

9:00 a.m. – Room 215E

• HB 2728, Establishing the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program.
• HB 2420, Establishing the Mountaineer Trail Network Recreation Authority.

 

Committee on the Judiciary

9:00 a.m. – Room 418M

• H. B. 2691, Providing that a license to carry a concealed deadly weapon expires on the holder’s birthday,
• Com. Sub. for S. B. 240, Repealing certain legislative rules no longer authorized or are obsolete:

o   148-07

o   59-01

o   35-07

o   94-07

o   114-29

o   114-31

o   114-58

o   114-64

o   114-73

o   91-16

o   25-04

o   42-04

o   42-13

o   94-05

o   94-06

o   94-07

o   94-08

o   95-01

• H. B. 2204, Prohibiting state licensing boards from hiring lobbyists,
• H. B. 2579, Relating to the collection of tax and the priority of distribution of an estate or property in receivership,
• H. B. 2321, Allowing workers’ compensation benefits for first responders diagnosed with post-traumatic stress disorder

 

Committee on Finance

9:00 a.m. – Room 460M

• Budget Hearing for the Bureau of Senior Services
• Budget Hearing for the Department of Arts, Culture and History
• H. B. 2666, Supplemental appropriation to the Department of Veterans’ Assistance.
• H. B. 2668, Supplemental appropriation to the Department of Administration, Public Defender Services.
• S. B. 268, Updating meaning of federal taxable income in WV Corporation Net Income Tax Act.
• S. B. 269, Updating terms used in WV Personal Income Tax Act.

 

2:00 p.m. – Room 460M

• Budget Hearing for the Department of Health and Human Resources

 

Committee on Rules

10:45 a.m. – Behind the Chamber

 

Veterans Affairs & Homeland Security

1:00 p.m. – Room 434M

• HB 2627, Removing all costs and fees from a Silver Star registration plate.
• HB 2657, Relating to registration of military surplus vehicles.
• Presentation by West Virginia Legislative Auditor’s Office, Adam Fridley, Audit Manager.
• Presentation by Mike Todorovich, Director West Virginia Division of Homeland Security and Emergency Management.
• Presentation by Major General James Hoyer.

 

Committee on Education

2:00 p.m. – Room 434M

• Subcommittee Report on H. B. 2004
• Committee Substitute for H. B. 2004, Providing for a program of instruction in workforce preparedness.
• Committee Substitute for H. B. 2363, Relating to the Upper Kanawha Valley Resiliency and Revitalization Program.

 

Industry & Labor

3:30 p.m. – Room 215E (***Meeting Time/Room Could Change***)

• House Bill 2646, Providing a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees.

 

Technology & Infrastructure

5:30 p.m. – Room 215E

• House Bill 2359, Relating to exemptions to the commercial driver’s license requirements
• House Bill 2594, Prohibiting railroads from blocking crossings on privately owned streets
• House Bill 2338, Allowing the owner of an antique military vehicle to display alternate registration insignia

 

*** Agendas and times subject to change. ***

 

Bills:

BILLS TO BE INTRODUCED: 

 

 

All Senate and House Bills Introduced on Jan. 29, 2019: