Wednesday, Jan. 25
15th 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.
Activities Calendar: WV Economic Development Council Legislative Reception, Embassy Suites; WV Aviation Day, Upper House & Senate Rotunda; WV State Fireman’s Association, Legislative Reception, Beni Kedem Shrine 5:30 pm – 7:30 pm; WVMA Hospitality House, WVMA, 2001 Quarrier Street 4:30 – 6 pm; AFL-CIO Legislative Reception, Four Points Sheraton 6– 8 pm.
The Senate will convene at 11 a.m.
UNFINISHED BUSINESS
- SR 13: Observing 90th Anniversary of Holodomor Ukrainian Genocide of 1932-1933
- SR 14: Designating January 25, 2023, as Aviation Day at Legislature
THIRD READING
- Eng. SB 4: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction
- Eng. Com. Sub. for SB 121: Creating Student Journalist Press Freedom Protection Act
- Eng. SB 192: Relating to Uniform Real Property Transfer on Death Act
- Eng. Com. Sub. for SB 208: Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disorders
- Eng. SB 244: Making rosters of individuals who obtain professional, occupational, and trade licenses, registrations, and certificates available to public
- Eng. SB 245: Making rules and regulations promulgated by PSC subject to legislative rule-making review procedures
- Eng. SB 246: Revising membership of Broadband Enhancement Council
- Eng. SB 262: Allowing students to transfer schools and retain athletic eligibility
- Eng. Com. Sub. for SB 264: Prohibiting persons who have been convicted of certain crimes against minors from holding positions on boards of education
SECOND READING
- SB 21: Requiring certain documents that contain wage records be considered confidential
FIRST READING
- Com. Sub. for SB 202: Increasing appointment term of director for DNR from four to seven years
- Com. Sub. for SB 254: Changing annual mandatory state vehicle inspections to every two years
- SB 276: Awarding service weapon of retiring State Fire Marshal
- SB 283: Relating to Military Incentive Program
- Com. Sub. for SB 292: Health Care Sharing Ministries Freedom to Share Act
- Com. Sub. for SB 298: Relating to non-federally declared emergencies and non-states of emergency
- Eng. Com. Sub. for HB 2530: Relating to the extension of the expiration of temporary registration plates from sixty days to ninety days
- Eng. HB 2533: Relating to a permanent windshield placard to be valid for the duration of the applicant’s life
9 a.m.: Legislative Rule-Making Review Committee (208W)
- Treasurer – Hope Scholarship, 112 CSR 18
1 p.m.: Committee on School Choice (208W)
- Organizational Motions
- SB 47: Creating Charter Schools Stimulus Fund
1 p.m.: Economic Development (451M)
- SB 188: Creating Grid Stabilization and Security Act of 2023
2 p.m.: Outdoor Recreation (208W)
- Com. Sub. for SB 160: Relating to WV Rail Trails Program
2 p.m.: Pensions (451M)
- SB 166: Relating to reemployment after retirement by public employees
- Presentation: Blair Taylor, Executive Director, Municipal Pensions Oversight Board
o Overview of the MPOB
o Discussing proposed legislation for 2023 Session
3 p.m.: Judiciary (208W)
- Com. Sub. for SB 356 (DOT Rules): Authorizing DMV to promulgate legislative rule relating to administrative due process
o Includes SB 357, Authorizing DMV to promulgate legislative rule relating to examination and issuance of driver’s license; SB 358, Authorizing DMV to promulgate legislative rule relating to denial, suspension, revocation, disqualification, restriction, non-renewal, cancellation, administrative appeals, and reinstatement of driving privileges; SB 359, Authorizing DOH to promulgate legislative rule relating to disposal, lease and management of real property and appurtenant structures and relocation assistance; SB 360, Authorizing DOH to promulgate legislative rule relating to construction and reconstruction of state roads;
- Com. Sub. for SB 335 (DHS Rules): Authorizing Governor’s Committee on Crime to promulgate legislative rule relating to protocol for law enforcement response to domestic violence
o Includes SB 336, Authorizing Division of Emergency Management to promulgate legislative rule relating to National Flood Insurance Program; SB 337, Authorizing Fire Commission to promulgate legislative rule relating to hazardous substance emergency response training programs; SB 338, Authorizing Fire Commission to promulgate legislative rule relating to certification of home inspectors; SB 339, Authorizing Fire Commission to promulgate legislative rule relating to volunteer firefighters’ training, equipment, and operating standards; SB 340, Authorizing Fire Marshal to promulgate legislative rule relating to certification of electrical inspectors; SB 341, Authorizing Fire Marshal to promulgate legislative rule relating to supervision of fire protection work; SB 342, Authorizing Fire Marshal to promulgate legislative rule relating to electrician licensing; SB 343, Authorizing Fire Marshal to promulgate legislative rule relating to certification of home inspectors; SB 344, Authorizing State Police to promulgate legislative rule relating to WV State Police professional standards investigations, employee rights, early identification system, psychological assessment, and progressive discipline
3 p.m.: Finance (451M)
- SB 441: Removing additional one and one-half percent interest rate for tax underpayments
- SB 443: Directing payment of estate administration fee to State Auditor
- SB 444: Transferring moneys in WV Future Fund to General Revenue Fund
- SB 446: Removing methanol and methanol fuel from definition of special fuel
- Budget Presentation: West Virginia Bureau of Senior Services – Robert Roswall, Commissioner
- Budget Presentation: West Virginia Department of Veteran’s Assistance – Edward A. Diaz, Cabinet Secretary
- Budget Presentation: West Virginia Department of Revenue – Dave Hardy, Cabinet Secretary
Senate Bills to be Introduced:
- SB 465: Increasing limit on moneys placed in county’s rainy day fund (Clements, Azinger, Caputo, Chapman, Maroney, Oliverio, Weld, Woodrum; Government Organization)
- SB 466: Prohibiting financial institutions from discriminating against firearms businesses (Phillips; Judiciary)
- SB 467: Providing county commissioners ongoing mechanism to consider compensation increases for elected officials every two years (Woodrum; Government Organization)
- SB 468: Continuing Cabwaylingo State Forest Trail System (Hamilton; Outdoor Recreation)
- SB 469: Providing funding for CPR instruction to high school students (FN) (Grady, Jeffries; Education then Finance)
- SB 470: Making adoption records accessible for medical purposes (Azinger; Judiciary)
- SB 471: Amending modification date for federal adjusted gross income (Weld; Finance)
- SB 472: Creating criminal offense of indecent exposure in front of minors (Weld; Judiciary)
- SB 473: Exempting certain irrevocable trusts from personal income tax (Weld; Finance)
- SB 474: Requiring municipal pensions oversight board to propose legislative rules (Nelson; Pensions)
- SB 475: Modifying examinations for disability pensions (Nelson; Pensions)
- SB 476: Increasing number of managed care organizations in Mountain Health Trust (Tarr; Health and Human Resources)
- SCR 5: US Navy S1 Paul McCue Bridge (Queen, Caputo)
- SR15: Designating January 26, 2023, as Hunger-Free WV Day at Legislature (Jeffries, Hamilton)
The House will convene at 11 a.m.
THIRD READING
Com. Sub. for H. B. 2754 – Relating to immunizations performed in a pharmacy (Summers) (Effective From Passage)
Com. Sub. for H. B. 2757 – Relating to expanding institutional eligibility for the WV Invests Grant Program (Summers) (Regular)
H. B. 2776 – Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act (Criss) (Effective From Passage)
H. B. 2777 – Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act (Criss) (Effective From Passage)
SECOND READING
H. B. 2113 – Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse (Capito) (Regular)
H. B. 2171 – Removing obsolete provisions regarding DOH standards for studded tires and chains (Linville) (Regular)
H. B. 2531 – Requiring cooperation between the rail company and the Division of Highways when construction or maintenance activities are conducted by the company (Linville) (Regular)
FIRST READING
S. B. 143 – Relating to Adopt-A-Stream Program (Phillips) (Regular) [Government Organization Committee Amendment Pending]
Com. Sub. for H. B. 2221 – Relating to bankruptcy (Capito) (Regular)
H. B. 2597 – Amending performance evaluations of professional personnel (Ellington) (Regular)
H. B. 2800 – All relating to authorizing legislative rules regarding higher education (Ellington) (Regular)
9 a.m. – Legislative Rule-Making Review Committee, Senate Judiciary Committee Room, 208W
Agenda:
- Procedural Motions
- Treasurer, Hope Scholarship, 112 CSR 18
- Other Business
9 a.m. – Committee on Volunteer Fire Departments and EMS, House Finance Committee Room, 460M
Agenda:
- H. B. 2668, Authorizing the Fire Commission to promulgate a legislative rule relating to hazardous substance emergency response training programs.
- H. B. 2670, Authorizing the Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training, equipment, and operating standards.
- H. B. 2672, Authorizing the Fire Marshal to promulgate a legislative rule relating to supervision of fire protection work.
- H. B. 2025, Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensation.
- H. B. 2069, Including emergency response vehicles in the single fee program for EZ Pass transponders.
9:15 a.m. – Political Subdivisions Committee, House Judiciary Committee, Room 410M
Agenda:
- Consideration of House Bill 2038, Refer instances of election fraud to the attorney general for prosecution.
- Consideration of House Bill 2308, Prohibit a county from charging for a building permit if the value of the improvement is less than that required for a contractor’s license.
10 a.m. – Committee on Veterans Affairs and Homeland Security in the East Wing Committee Room, 215E
Agenda:
- Approval of the Minutes from the previous meeting held on January 18, 2023.
- H.B. 2211, Award military veterans with a “Veterans” license plate.
- H.B. 2375, Relating to hiring new West Virginia State Police Officers.
- H.B. 2584, To allow homestead exemptions for disabled veterans.
1 p.m. – Finance Committee, budget hearings scheduled in the committee room, 460M
Agenda: Check the calendar for the full hearing lineup.
1 p.m. – Judiciary Committee, 410M
- SB132 – Clarifying criminal offense of harassment
- HB2509 – Creating the Uniform Premarital Agreement Act
- HB2569 – Creating the Motorsports Responsibility Act
- HB2017 – Relating to service of process in child abuse cases
2 p.m. – Education Committee, 434M
Agenda:
- H. B. 2596, To modify when a nonresident student’s transfer may be denied.
- H. B. 2835, Repeal outdated provisions of code relating to the West Virginia graduate college and Marshall University.
- H. B. 2850, Clarifying general education teachers’ entitlements for the general education classroom that provide academic support for students identified as having an exceptionality whose least restrictive environment remains the general education classroom.
- H. B. 2890, The purpose of this bill is to modify student discipline.
- H. B. 2549, Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer.
3 p.m. – Committee on Government Organization, 215E
Agenda:
- Consideration of Com Sub for SB 83, Authorizing tactical medical professionals to carry firearms.
- Miscellaneous Rules, • HB 2705 – Authorizing the Athletic Commission to promulgate a legislative rule relating to administrative rules of the West Virginia State Athletic Commission. • HB 2744 – Authorizing the Division of Labor to promulgate a legislative rule relating to registration of service persons and service agencies. • HB 2745 – Authorizing the Division of Labor to promulgate a legislative rule relating to registration of weighing and measuring devices used by businesses in commercial transactions.
HB3013. By Del. Espinosa, Ridenour, Householder, Hardy, Clark, Criss, Hite, Horst, Hanshaw (Mr. Speaker), Hornby and Summers – Relating to authorizing the Jefferson County Commission to levy a special district excise tax (FN) – To Finance
HB3014. By Del. Young – Require Correctional Facilities to provide free feminine hygiene products (FN) – To the Judiciary then Finance
HB3015. By Del. Young – Creating the Food Infrastructure Grant – To Finance
HB3016. By Del. Young – Establish food desert produce pilot program (FN) – To Agriculture and Natural Resources then Government Organization
HB3017. By Del. Young – Establish Food Waste Task Force – To Health and Human Resources then Government Organization
HB3018. By Del. Young – Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit court – To the Judiciary
HB3019. By Del. Young – Relating to student suicide prevention (FN) – To Education then Finance
HB3020. By Del. Young – To mandate that the Secretary of State to utilize the Electronic Registration Information Center – To Government Organization then the Judiciary
HB3021. By Del. Young – Expanding early childhood education programs to three-year-old children – To Education then Finance
HB3022. By Del. Young – Relating to childcare subsidies within DHHR, paid based on monthly enrollment – To Health and Human Resources then Finance
HB3023. By Del. Longanacre – To cut the WV gas tax by 50% for WV residents (FN) – To Technology and Infrastructure then Finance
HB3024. By Del. Young – Hunger-Free Campus Act – To Education then Finance
HB3025. By Del. Foster – Relating to DNA data maintained for law enforcement purposes – To the Judiciary
HB3026. By Del. Ross, Mallow, Burkhammer, Marple, Devault, Adkins and Dillon – To allow volunteer fire fighters to participate on fire scenes with department training captain approval prior to completing fireman 1 and 2 – To Fire Departments and Emergency Medical Services then Government Organization
HB3027. By Del. Ross, Chiarelli, Marple, Devault, Adkins and Dillon – To remove the state requirement for EMT’S to be nationally certified. – To Fire Departments and Emergency Medical Services then Government Organization
HB3028. By Del. Ross, Dillon and Chiarelli – To allow teachers can bank sick leave for years of service and/or insurance payments.
– To Pensions and Retirement then Finance
HB3029. By Del. Longanacre – Providing for the election of county school superintendents to four year terms. – To the Judiciary
HB3030. By Del. Young – Creating the Paid Parental Leave Pilot Program – To Banking and Insurance then Finance
HB3031. By Del. Kirby, Longanacre, Brooks, E. Pritt, Toney, Butler, Thorne, Chiarelli, Pinson, Steele and Foster – Prohibiting greyhound racing in the state of West Virginia – To the Judiciary then Finance
HB3032. By Del. Linville [By Request of the WV Department of Transportation] – Relating to increasing the validity of a commercial instruction permit – To Technology and Infrastructure
HB3033. By Del. Young – Create Intergenerational Poverty Task Force – To Government Organization
HB3034. By Del. Young – To create a Parolee Drivers Permit – To Jails and Prisons then the Judiciary
HB3035. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] – Relating generally to high-quality education programs and school operations – To Education then Finance
HB3036. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] – Increasing the number of districts and the limit on approved costs under the BUILD WV Act – To Economic Development and Tourism then Finance
HB3037. By Del. Longanacre – To create a partisan election for county board of education members. – To the Judiciary
HB3038. By Del. Pinson, Westfall, Fast, W. Hall, Kirby, Foggin, Honaker, Coop-Gonzalez, Ridenour, Kelly and Hott – Add unborn persons to the definition of driving under the influence and causing injury or death to an unborn person. – To the Judiciary
HB3039. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] – Making a supplementary appropriation to Adjutant General – State Militia – To Finance
HB3040. By Del. Hanshaw (Mr. Speaker) and Skaff [By Request of the Executive] – Supplementing and amending appropriations to the Department of Administration, Office of the Secretary – To Finance
HB3041. By Del. Young – Permitting civil remedies for the unauthorized disclosure of intimate images – To the Judiciary
HB3042. By Del. Pinson, Crouse, Foster, C. Pritt, Fast, Ridenour, Burkhammer, Kirby, Mallow, Worrell and Martin – Establishing the West Virginia Religious Freedom Restoration Act – To the Judiciary
HB3043. By Del. Miller, Mallow, Nestor, Zatezalo, Honaker, Reynolds, Crouse, Devault, Jennings and Barnhart – To require a blood draw/blood test after a motor vehicle accident to determine impairment of those involved. – To Technology and Infrastructure then the Judiciary
HB3044. By Del. Gearheart, Householder, Criss, Hardy, Espinosa, Storch, Smith, Nestor, Zatezalo, Maynor and Ellington – Relating to the annual fee for limited video lottery terminal permits – To Finance
HB3045. By Del. Dillon – Relating to Emergency Agriculture Certification – To Education
HB3046. By Del. Dillon – Fast Track for Agriculture Education Endorsement – To Education
HB3047. By Del. Dillon and Dean – Clarifying Classroom Overloads for Special Education – To Education
HB3048. By Del. Dillon, Chiarelli and Crouse – Removal of Mandatory Homeschool Reporting – To Education
HB3049. By Del. Holstein – To create the American Campuses Act. – To Education
HB3050. By Del. Dillon and Ross – Repeal Teacher Required CE – To Education
HB3051. By Del. Foster – Repeal of authority granted to municipalities to levy business and occupation or privilege tax – To Finance
HB3052. By Del. Young – Creating small business and minority populations economic and workforce development taskforce – To Economic Development and Tourism then Government Organization
HB3053. By Del. Young – Requesting a study to evaluate and analyze the potential for bulk energy storage resources – To Energy and Manufacturing then Government Organization
HB3054. By Del. Young – Student Suicide Prevention – ID Cards (FN) – To Education
HB3055. By Del. Willis, Foster, Foggin, Chiarelli, Heckert, Storch, Young, Sheedy, Hornbuckle, Reynolds and Ellington – To create a vocational math class for students interested in careers in the trades. – To Education
HB3056. By Del. Riley, Linville, Heckert, Mallow, Devault, Ferrell, Statler, Vance, Willis and Warner – To change the requirement for an EMS Agency Vehicle Inspection from every year to every two years – To Fire Departments and Emergency Medical Services then Technology and Infrastructure
HB3057. By Del. Hansen – Amending surface mining reclamation requirements – To Energy and Manufacturing then Finance
HB3058. By Del. Street, Chiarelli, Hillenbrand, Ridenour, Cooper, W. Hall, Phillips, Butler, Keaton, Kimble and Maynor – Increase budget of WVRNG West Virginian National Guard for military funerals in all branches of the military by VFW chapters – To Veterans’ Affairs and Homeland Security then Finance
HB3059. By Del. Reynolds, Dean, Bridges, Linville, Worrell, Willis, Honaker, Zatezalo, Barnhart, Riley and Burkhammer – Give PSC authority to fine Class I railroads for safety and operational violations. (FN) – To Technology and Infrastructure then the Judiciary
HB3060. By Del. Street, Chiarelli, Foggin, Hanna, Kirby, Burkhammer, Statler, Brooks, Keaton, Ellington and Pinson – Permitting membership of the state teachers retirement system to include any person who has been retired by any other retirement system administered by the Board at the option of the retirant – To Pensions and Retirement then Finance