Tuesday, Feb. 21
42nd day of the 2023 Legislative Session
CHARLESTON, W.Va. — The West Virginia Press Association provides a daily preview of legislative action.
This preview is made possible with the support of AARP WV, WVU University Relations, and the WV Press Association Foundation.
- Recovery Day, Upper House & Senate Rotunda and Lower Rotunda and River side steps
- WV Beer Wholesalers Assn. Legislative Reception, WV Culture Center 5:30 – 7:30 pm
The Senate will convene at 11 a.m.
UNFINISHED BUSINESS
S. C. R. 18 – Requesting Joint Committee on Government and Finance study increasing availability of prescription nonopioid medications
THIRD READING
Eng. S. B. 488 – Aligning state and federal accreditation rules
Eng. Com. Sub. for Com. Sub. for S. B. 543 – Authorizing rule-making changes to terms, procedures and reporting duties in higher education
Eng. Com. Sub. for S. B. 548 – Clarifying what parties can redeem delinquent property and limiting those entitled to bid
Eng. S. B. 591 – Allowing counties and municipalities to jointly undertake development projects
Eng. Com. Sub. for S. B. 596 – Modifying payment for housing and maintenance of inmates – (With right to amend)
Eng. Com. Sub. for S. B. 602 – Enabling WVSU and Bluefield State University to offer associate degrees
Eng. S. B. 629 – Establishing auto-renewal program for wildlife licenses
Eng. H. B. 3272 – Relating to the operation of private trust companies in West Virginia – (With right to amend)
SECOND READING
Com. Sub. for Com. Sub. for S. B. 195 – Glucagon for Schools Act
Com. Sub. for Com. Sub. for S. B. 273 – Relating to allocation of child protective workers in counties based upon population of county
Com. Sub. for S. B. 297 – Mountain Homes Act
Com. Sub. for S. B. 429 – Establishing statewide health and safety fee for tourism and recreational activities by county commissions
Com. Sub. for Com. Sub. for S. B. 436 – Prompt Payment Act of 2023
Com. Sub. for S. B. 523 – Clarifying purpose and use of Economic Development Project Fund
Com. Sub. for S. B. 539 – Authorizing state and subdivisions to negotiate price for construction when all bids received exceed maximum budget
S. B. 553 – Allowing for evaluation of prequalified bidders to be based on best value
Com. Sub. for S. B. 577 – Reducing copay cap on insulin and devices and permitting purchase of testing equipment without prescription
S. B. 580 – Authorizing election for special levy renewal
Com. Sub. for S. B. 601 – Providing that WV Secondary School Activities Commission promulgate legislative rules
S. B. 608 – Correcting list of items which are considered deadly weapons
Com. Sub. for S. B. 621 – Requiring sheriff to serve child abuse and neglect petitions without additional compensation
Com. Sub. for S. B. 630 – Creating offense of knowingly and willfully obstructing social service worker
Com. Sub. for S. B. 635 – Updating language and increasing penalties for indecent exposure
S. B. 674 – Providing statutory recognition and appointment of board members for WV First Foundation
Eng. Com. Sub. for H. B. 2006 – Relating to reorganizing the Department of Health and Human Resources
Eng. H. B. 3141 – Relating to the practice of dentistry – (Com. amend. pending)
FIRST READING
S. B. 597 – Allowing Workforce WV to hire classified service exempt employees
S. B. 620 – Increasing maximum number of registered voters per precinct and distance between polling places
Com. Sub. for S. B. 631 – Updating administration, funding, and requirements for federal elections held in WV
S. B. 641 – Clarifying when magistrate vacancies shall be filled
Com. Sub. for S. B. 644 – Updating contested elections procedures
Com. Sub. for S. B. 661 – Clarifying preferential recall rights for employees sustaining compensable injury
Scheduled Committee Meetings
9 a.m.: Government Organization (208W)
- SB 544: Increasing power purchase agreement cap
- Com. Sub. for SB 656: Verifying legal employment status of workers to governmental agencies
- Com. Sub. for SB 554: Exempting purchases made by Auditor and WV Enterprise Resource Planning Board from certain provisions of WV code
- Com. Sub. for Com. Sub. for SB 585: Prohibiting county commissions from adopting any authorization that exceeds state law regarding agricultural operations
- Com. Sub. for SB 181: Creating Closed Captioning Act
- Com. Sub. for SB 649: Authorizing Berkeley County Council to change its name to Berkeley County Commission
- Com. Sub. for SB 665: Amending licensure requirements for massage therapist
9 a.m.: Education (451M)
- SB 619: Allowing teachers in public schools to teach intelligent design
- SB 638: Providing bonuses to school personnel for unused personal days
- SB 667: Requiring periodic performance audits of WV Secondary Schools Athletic Commission
- SB 1: Requiring Higher Education Policy Commission to create and administer PROMISE Plus Program
- HB 3113: Requiring high school students to complete course of study in personal finance
1 p.m.: Health and Human Resources (451M)
- SB 552: Relating to abortion
- SB 613: Exempting hospitals from certificate of need requirements
- SB 617: Requiring Commissioner of Bureau for Medical Services produce report regarding home and community-based providers
- SB 646: Creating emeritus physician license
- SB 676: Requiring report on Medicaid fees and managed care provider reimbursements compared to PEIA, Medicare, and surrounding states
- SB 730: Expanding authority of Legislative Oversight Commission on Health and Human Resources Accountability Commission
- HB 2993: Relating to rural emergency hospital licensure
- HB 3317: Relating to removing specific continuing education requirements
2 p.m.: Finance Subcommittee B (451M)
- Com. Sub. for SB 268: Relating to PEIA
3 p.m.: Judiciary (208W)
- Com. Sub. for SB 220: Kratom Consumer Protection Act
- Com. Sub. for SB 558: Prohibiting law enforcement agencies from posting booking photographs of certain criminal defendants on social media
- Com. Sub. for SB 560: Limiting recovery on claims for abuse to secure financial solvency of public and private school system
- Originating Resolution: Relating to studying BRIM
3 p.m.: Finance (451M)
- Report from Subcommittee B
- Com. Sub. for SB 268: Relating to PEIA
- SB 423: Increasing salary for certain state employees
- Com. Sub. for SB 267: Updating law regarding prior authorizations
- SB 438: Return to WV Tax Credit Act
- SB 469: Providing funding for CPR instruction to high school students
** Committee times and agendas are subject to change **
The House will convene at 11 a.m.
THIRD READING
Com. Sub. for S. B. 10 – Campus Self-Defense Act (Capito) (Effective From Passage)
H. B. 2283 – Relating to authorized expenditures of revenues from certain state funds for fire departments (Criss) (Regular)
Com. Sub. for H. B. 2498 – To require medication-assisted treatment programs to have written policies concerning community relations (Summers) (Regular)
Com. Sub. for H. B. 2538 – Requiring usage of child welfare information technology systems (Summers) (Effective From Passage)
H. B. 2607 – Clarify that vehicles with a capacity larger than 10 passengers may be used to transport students provided that no more than 10 passengers may be transported at one time (Ellington) (Regular)
Com. Sub. for H. B. 2917 – Relating to allowing retired state employees who meet the minimum qualifications necessary, to render post-retirement employment with the Department of Health and Human Resources (Criss) (Effective From Passage)
H. B. 2937 – To reduce the business license fee for WV Volunteer Fire Departments to $250 (Criss) (July 1, 2023)
H. B. 2955 – Relating to the establishment and operation of regional water, wastewater and stormwater authorities (Phillips) (Regular)
Com. Sub. for H. B. 3005 – Relating to accelerating the conversion of the state excise tax on the privilege of transferring real property into a county excise tax (Criss) (Effective From Passage)
Com. Sub. for H. B. 3046 – Fast Track for Agriculture Education Endorsement (Ellington) (Regular)
Com. Sub. for H. B. 3092 – Relating to in-state food service permit reciprocity (Phillips) (Regular)
Rev. Com. Sub. for H. B. 3110 – Relating to funding the Office of Oil and Gas in the Department of Environmental Protection (Criss) (Regular)
Com. Sub. for H. B. 3148 – Relating to financing municipal policemen’s and firemen’s pension and relief funds (Criss) (Regular)
H. B. 3166 – To permit a hospital to hold a patient experiencing a psychiatric emergency for up to 72 hours (Capito) (Regular)
Com. Sub. for H. B. 3233 – Relating generally to uniform and equipment allowances for the National Guard (Criss) (Regular)
Com. Sub. for H. B. 3278 – Relating to the practice of optometry (Phillips) (Regular)
H. B. 3376 – Relating to changing the term teacher in residence to clinical teacher of record (Ellington) (Regular)
H. B. 3441 – Revising the training requirements for members of the Higher Education Policy Commission, Council for Community and Technical College Education and the institutional governing boards (Ellington) (Regular)
H. B. 3547 – Increasing the number of personal leave days that county board of education employees may use (Ellington) (Regular)
H. B. 3548 – Relating to teacher duty-free lunch and daily planning periods (Ellington) (Regular)
H. B. 3549 – Relating to classroom teachers and special education classroom teachers individualized education program requirements (Ellington) (Regular)
SECOND READING
H. B. 2827 – Make public charter schools eligible for Safe Schools Funds (Criss) (Regular)
Com. Sub. for H. B. 2900 – Relating to the Deputy Sheriff Retirement System (Criss) (Regular)
Com. Sub. for H. B. 3337 – Prohibiting additional drug and alcohol treatment facilities and services in a certain county (Summers) (Effective From Passage)
H. B. 3340 – To revise the West Virginia Tax Increment Financing Act (Criss) (Regular)
H. B. 3353 – Relating to the limitations on the financial relationships with foreign entities that have values antithetical to those of the State of West Virginia (Phillips) (Regular)
H. B. 3387 – Extending the moratorium on the authorization of new convention and visitors bureaus for an additional two years (Howell) (Regular)
H. B. 3391 – Establishing filing deadlines for appeals of property tax valuations and issues involving property tax classification and taxability to the West Virginia Office of Tax Appeals (Criss) (Effective From Passage)
H. B. 3408 – To clean up statutory provisions regarding the Hope Scholarship program to better reflect the intent and operation of the program (Ellington) (Regular)
H. B. 3427 – Relating to consumers sales and service tax and use tax exemption for certain goods to be incorporated into a qualified, new or expanded warehouse or distribution facility (Criss) (Regular)
H. B. 3431 – Eliminating the requirement that the apprenticeship training tax credit base be limited to wages paid to apprentices in the construction trades (Criss) (Regular)
FIRST READING
Com. Sub. for H. B. 2016 – Relating to confidential childcare records (Capito) (Regular)
Com. Sub. for H. B. 2483 – Creating a tax credit for improving facades in historic districts (Criss) (Regular)
Com. Sub. for H. B. 2567 – Relating to felony trespassing (Capito) (Regular)
Com. Sub. for H. B. 2648 – Authorizing certain agencies and boards of the DHHR to promulgate a legislative rule (Capito) (Effective From Passage)
Com. Sub. for H. B. 2759 – Relating to updating the health care provider tax (Criss) (Regular)
Com. Sub. for H. B. 2760 – To allow CPR fire fighters to drive ambulances when both attendants are needed to administer patient care (Phillips) (Regular)
Com. Sub. for H. B. 2862 – Relating generally to requirements for shareholder voting by the West Virginia Investment Management Board and the Board of Treasury Investments (Capito) (Regular)
H. B. 2906 – Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits (Criss) (Effective From Passage)
Com. Sub. for H. B. 2910 – Making a supplementary appropriation to the Department of Administration, Public Defender Services (Criss) (Effective From Passage)
H. B. 2915 – Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund (Criss) (Effective From Passage)
Com. Sub. for H. B. 3013 – Relating to authorizing the Jefferson County Commission to levy a special district excise tax (Criss) (Effective From Passage)
Com. Sub. for H. B. 3059 – Give PSC authority to fine Class I railroads for safety and operational violations (Linville) (Regular)
H. B. 3072 – Supplementing and amending appropriations to Department of Homeland Security, Division of Administrative Services (Criss) (Effective From Passage)
Com. Sub. for H. B. 3214 – To create the Road Optimization & Assessment Data (ROAD) Pilot Project (Linville) (Regular)
Com. Sub. for H. B. 3274 – Creating the Affordable Medicaid Buy-in Program (Summers) (Regular)
Com. Sub. for H. B. 3341 – To allow cigar bars (Capito) (Regular)
H. B. 3396 – Supplementing, amending, and increasing existing items of appropriation from the State Road Fund to the Department of Transportation, Division of Highways (Criss) (Effective From Passage)
Com. Sub. for H. B. 3398 – Relating to the establishment of the West Virginia Memorial to Fallen Heroes of the Global War on Terrorism (Phillips) (Regular)
Com. Sub. for H. B. 3409 – Relating to authorizing application of the manufacturing investment tax credit and the manufacturing property tax adjustment credit against personal income tax (Criss) (Regular)
H. B. 3444 – Relating to the creation of the West Virginia Semiquincentennial Commission and Fund (Howell) (Regular)
Com. Sub. for H. B. 3450 – Relating generally to racetrack video lottery and the Licensed Racetrack Modernization Fund (Criss) (Regular)
H. B. 3459 – To allow for a best value procurement evaluation for prequalified bidders (Phillips) (Regular)
H. B. 3473 – Creating a workgroup relating to Dig Once Policy (Linville) (July 1, 2023)
Com. Sub. for H. B. 3479 – Creating requirements for use of unmanned aircraft (Capito) (Regular)
Com. Sub. for H. B. 3482 – To create the Coal Fired Grid Stabilization and Security Act of 2023 (Howell) (Regular)
Com. Sub. for H. B. 3484 – Relating to SNAP benefits (Phillips) (Regular)
H. B. 3487 – Relating to cost-sharing calculations for certain Health Savings Account-qualified High Deductible Health Plans (Summers) (Regular)
H. B. 3493 – Relating to prohibiting certain foreign ownership of agricultural land (Capito) (Regular)
H. B. 3552 – Relating to per diem jail costs (Kelly) (Regular)
H. B. 3554 – Relating to prohibiting a municipality or the governing body of any municipality from limiting rental of a property (Howell) (Regular)
9:15 a.m. – Agriculture and Natural Resources Committee will meet in the East Wing Committee Room, 215E
Agenda:
- Consideration of SB 200 – Allowing leashed dogs to track wounded elk, turkey, and wild boar when hunting.
- Consideration of SB 202 – Increasing terms of Natural Resources Commission members from four to seven years.
10 a.m. – Pensions and Retirement Committee will meet in the Finance Committee room, 460M
Agenda:
- S. B. 237, Relating to Public Employees Retirement System and State Teachers Retirement System.
- S. B. 449, Updating terms for Natural Resources Police Officers Retirement System and retirement systems for charter schools.
- Com. Sub. for S. B. 450, Defining medical examination for disability purposes in retirement plans administered by Consolidated Public Retirement Board.
- Com. Sub. for S. B. 451, Relating to Teachers Retirement System and Teachers’ Defined Contribution Retirement System.
- Com. Sub. for S. B. 475, Modifying examinations for disability pensions.
- S. B. 452, Relating to Emergency Medical Services Retirement System.
- Com. Sub. for S. B. 453, Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor.
- S. B. 458, Setting rate of interest on delinquent retirement contribution submissions.
10:45 a.m. – Committee on Rules will meet behind the Chamber
Immediately following floor session – the Judiciary Committee will meet in 410M
2 p.m. – Committee on Economic Development and Tourism will meet in the Finance Committee room, 460M
Agenda:
• HB 3314-Increasing the special district excise tax to a rate or rates on sales within the boundaries of an economic opportunity development district
• HB3417-Including Potomac State College in the definition of community and technical college education program for participation in the “Learn and Earn” Program
• HB3403-Providing a tax credit for employers with childcare facilities
• HB2064-To create commercial opportunity zones to attract new businesses to West Virginia
• HB2065-West Virginia Heavy Duty Truck Excise Tax Elimination Act
• HCR 31-Placing Lodge on Property of Beech Front Lake
• ORG Bill-Relating to providing exceptions to the UCIOA for Planned Communities.
2 p.m. – Committee on Technology and Infrastructure will meet in the Education Committee room, 432M
Agenda:
- House Bill 2865, To clarify that the PSC may enter an order requiring corrective measures up to and including an acquisition of a distressed or failing utility (lied over)
- House Bill 3198, Relating to obtaining title to abandoned or junked motor vehicles abandoned on the property or place of business of an automobile dealer
- House Bill 3283, Relating to reporting requirements under the Grant Transparency and Accountability Act
- Senate Bill 246, Revising membership of Broadband Enhancement Council
- Committee Substitute for Senate Bill 463, Increasing validity of CDL instruction permit
3 p.m. – Committee on Health and Human Resources will meet in the East Wing Committee Room, 215E
Agenda:
- HB 2025 – Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensation (2nd REF FIN)
- HB 2427 – Establishing the status of beds when an intermediate care facility for individuals with intellectual disabilities closes
- HB 3115 – To allow the development of a specialized intermediate care facility for individuals with intellectual and developmental disabilities
- HB 3247 – Relating to abuse and or neglect of individuals with an intellectual and or developmental disability
- HB 3501 – Creating the Cardiopulmonary Resuscitation Instruction Fund
4 p.m. – Committee on Finance will meet in 460M
Agenda:
- H. B. 3509, Making a supplementary appropriation to Miscellaneous Boards and Commissions, Public Service Commission – Consumer Advocate Fund.
- H. B. 3514, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund.
- H. B. 3515, Making a supplementary appropriation to the Department of Veterans’ Assistance, Veterans’ Facilities Support Fund.
- H. B. 3517, Making a supplementary appropriation to the Division of Human Services – Child Care and Development.
- H. B. 3518, Making a supplementary appropriation to the Department of Agriculture.
- H. B. 3524, Making a supplementary appropriation to the Department of Agriculture – West Virginia Spay Neuter Assistance Fund.
- H. B. 3511, Making a supplementary appropriation to the Department of Education, State Board of Education – School Lunch Program.
- H. B. 3512, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Human Services.
- H. B. 3513, Making a supplementary appropriation to the Department of Homeland Security, Division of Corrections and Rehabilitation – Regional Jail and Correctional Facility Authority.
- H. B. 3516, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Safe Drinking Water Treatment.