Watch WV Legislature Live each day at http://www.legis.state.wv.us/live.cfm

Tuesday, Jan. 29, 2019
21th Day of the Legislative Session

Rotunda and social activities:  Upshur County Day, Upper House and Upper Senate Rotundas; Capitol Connection, Lower Rotunda (1 Table); West Virginia Chamber, Legislative Reception; WV Society of CPA’s Legislative Reception, 5 p.m., Marriott; WV Coal Association Legislative Reception, 5:30 p.m., Charleston Civic Center.

 

SENATE: 

Senate to convene at 11 a.m. 

On The Agenda

UNFINISHED BUSINESS

 

• SCR 18: Curtis “Pap” and Millie “Mammie” Asbury Memorial Bridge

 

THIRD READING

 

• Eng. SB 63: Relating to partial filling of prescriptions – (Com. title amend. pending)
• Eng. SB 233: Relating to age requirements for deputy sheriff
• Eng. Com. Sub. for SB 236: Providing notice of eligibility to persons to vote after completion of punishment or pardon

 

SECOND READING

 

• Com. Sub. for SB 4: Relating generally to Municipal Home Rule Program
• Com. Sub. for SB 72: Creating Sexual Assault Victims’ Bill of Rights
• Com. Sub. for SB 102: Relating generally to powers and authority of courthouse security officers
• SB 149: Exempting certain veterans from concealed weapons license fees (original similar to HB 2672)
• Com. Sub. for SB 199: Authorizing certain miscellaneous agencies and boards promulgate legislative rules (original similar to HB 2282)
• Com. Sub. for SB 243: Requiring racetrack participate in WV Thoroughbred Development Fund
• SB 256: Allowing certain deductions from individual personal income tax refunds
• Com. Sub. for SB 258: Establishing common law “veil piercing” claims not be used to impose personal liability
• Com. Sub. for SB 270: Streamlining process for utilities access to DOH rights-of-way (original similar to HB 2416)
• SB 297: Extending expiration of military members’ spouses’ driver’s license
• 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 – (Com. amend. pending)

 

FIRST READING

 

• Com. Sub. for SB 187: Authorizing Department of Revenue to promulgate legislative rules (original similar to HB 2270)

Committees

Daily Committee Schedule: 

 

10 a.m.: Military (208W)

• SB 450: Exempting recipients of the distinguished Purple Heart medal from payment of the vehicle registration fee for West Virginia residents
• Presentation: Discussion on license renewal issue in respect to contributions to veteran’s assistance – Adam Holley, General Counsel, West Virginia Division of Motor Vehicles

 

10 a.m.: Transportation and Infrastructure (451M)

• SB 105: Creating enhanced penalty for certain aggravated traffic offenses
• SCR 12: US Army CPL Lee Roy Young Memorial Bridge
• Presentation: Division of Highways on Deferred Maintenance

 

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

• SB 52: Entitling natural resource producers to economic opportunity tax credit

 

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

• SB 81: Prohibiting smoking in vehicle when minor under 16 present
• SB 348: Relating to tobacco usage restrictions
• SB 394: Allowing state to opt out of federal statute relating to SNAP benefits

 

2 p.m.: Government Organization (208W)

• SB 90: Transferring Safety and Treatment Program from DHHR to DMV
• SB 323: Establishing revenue fund and source to support Department of Agriculture’s improvement to facilities
• SB 324: Relating to Commissioner of Agriculture employees
• SB 357: Relating generally to Division of Administrative Services
• SB 358: Exempting Purchasing Division purchases for equipment to maintain security at state facilities

 

2 p.m.: Education (451M)

• SB 154: Pertaining to the use of school facilities for funeral and memorial services for certain community members
• SB 267: Requiring State Board of Education adopt policy detailing level of computer science instruction

 

3 p.m.: Judiciary (208W)

• SB 369: Relating to generic drug products
• SB 361: Relating to Public Defender Services
• SB 373: Relating to financial responsibility of inmates
• SB 377: Relating to minimum wage and maximum hour standards
• SB 398: Relating to compensation for senior judges
• SB 399: Relating to compensation for senior magistrates
• HB 2462: Issuing a certificate to correctional employees to carry firearms

 

3 p.m.: Finance (451M)

• Budget Hearing: West Virginia Department of Transportation
• Budget Hearing: West Virginia Parkways Authority
• Budget Hearing: State Treasurer’s Office

 

 

Senate Bills

• SB 452: Supplemental appropriation to Second Chance Driver’s License Program (Carmichael, Prezioso; Finance) [By Request of the Executive]
• SB 453: Relating to background checks of certain financial institutions (Azinger; Banking and Insurance)
• SB 454: Providing exemptions from mandatory immunizations (Maynard; Health and Human Resources then Judiciary)
• SB 455: Relating generally to contractors (Blair; Finance)
• SB 456: Authorizing railroads and commercial watercraft claim refundable exemption from motor fuel excise tax (Blair; Finance)
• SB 457: Exempting sales by nonprofit and volunteer school support organizations from consumers sales and service tax (FN) (Blair; Finance)
• SB 458: Relating to traffic regulations (Clements; Transportation and Infrastructure then Judiciary)
• SB 459: Requiring wholesale drug distributors report certain information to Board of Pharmacy (FN) (Baldwin; Health and Human Resources then Finance)
• SB 460: Recognizing technical training acquired in public schools counts toward occupational certificate or license (FN) (Boso; Economic Development)
• SB 461: Providing for personal income tax withholding on certain lottery winnings (Blair; Finance)
• SB 462: Updating officer liability provisions for sales tax (Blair; Finance)
• SB 463: Updating powers of personal representative of estate relative to disposition, conservation, or preservation easements (Sypolt; Judiciary)
• SB 464: Modifying licensing requirements for telemedicine and surgery or podiatry (Blair; Government Organization)
• SB 465: Exempting nonpaid volunteers at VFD or emergency services organization from Workers Compensation benefits (Sypolt, Clements, Hamilton, Maroney, Maynard, Smith, Swope, Tarr, Weld; Banking and Insurance)
• SB 466: Modifying road classifications DOH uses in maintaining digital road map (Maynard; Transportation and Infrastructure)
• SB 467: Clarifying PSC jurisdiction over water and sewer utilities (Boso; Government Organization)

 

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

 

Committee Action on Bills from Monday, January 28, 2019

 

1 p.m.: Natural Resources

• SB 331: Using leashed dogs to track mortally wounded deer or bear
• Bill reported to the full Senate with the recommendation it to pass

 

• SB 332: Relating to Class Q special hunting permit for disabled persons
• Bill reported to the full Senate with the recommendation it to pass

 

• SB 389: Allowing developmentally disabled person purchase base hunting license
• Committee Substitute reported to full Senate with recommendation it do pass

 

2 p.m.: Banking and Insurance

• SB 30: Eliminating tax on annuity considerations collected by life insurer
• Bill reported as amended to the Senate with the recommendation it to pass; second reference to Finance

 

3 p.m.: Finance

• SB 100: Increasing court fees to fund law enforcement standards training and expenses
• Committee Substitute reported to full Senate with recommendation it do pass

 

• SB 103: Relating generally to Public Defender Services
• Committee Substitute reported to full Senate with recommendation it do pass

 

• SB 264: Requiring courts to order restitution to crime victims where economically practicable
• Committee Substitute reported to full Senate with recommendation it do pass

 

3 p.m.: Judiciary

• SB 266: Creating Intermediate Court of Appeals and WV Appellate Review Organization Act of 2019
• Bill reported as amended to the Senate with the recommendation it to pass; second reference to Finance

 

Bills that Have Passed the Senate as of Monday, January 28, 2019 (28)

 

• 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 (Third Reading, 01-29-19)
• 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 (House Finance)
• SB 28: Removing hotel occupancy tax limit collects for medical care and emergency services (First Reading, 01-29-19)
• 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 (Pending House introduction)
• 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 101: Equalizing penalties for intimidating and retaliating against certain public officers and other persons (Pending House introduction)
• 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 (Third Reading, 01-29-19)
• SB 124: Creating felony offense for actions of cruelty to animals which causes serious injury or death of animal (Pending House introduction)
• SB 152: Relating generally to criminal offense expungement (House Judiciary)
• SB 177: Fire Commission rule relating to State Building Code (First Reading, 01-29-19)
• SB 190: DOH rule relating to employment procedures (House Technology and Infrastructure)
• SB 223: Authorizing Department of Commerce promulgate legislative rules (House Energy)
• SB 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 (Pending House introduction)
• SB 253: Protecting consumers from automatic purchase renewal and continuous service offers (House Judiciary)
• SB 255: Relating to Emergency Medical Services Advisory Committee (House Government Organization)
• SB 268: Updating meaning of federal taxable income in WV Corporation Net Income Tax Act (Pending House introduction)
• SB 269: Updating terms used in WV Personal Income Tax Act (Pending House introduction)
• SB 272: Updating code relating to Commission on Special Investigations (Third Reading, 01-29-19)

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

 

Resolutions that have Passed the Senate as of Monday, January 28, 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 S. B. 17 – Relating to probation eligibility
• S. B. 119 – Specifying documents not subject to discovery in certain proceedings
• S. B. 272 – Updating code relating to Commission on Special Investigations
• Com. Sub. for H. B. 2083 – Providing an identification card for released inmates who do not have a West Virginia identification card or driver’s license
• Com. Sub. for H. B. 2191 – Relating generally to limited video lottery
• H. B. 2514 – Permitting pawn brokers to disclose whether any specific property has been sold or pledged
• H. B. 2602 – Including possession of known stolen property in the offense of receiving or transferring stolen property

SECOND READING – Amendment Stage

• Com. Sub. for H. B. 2324 – Authorizing the acupuncture board to issue certificates to perform auricular acudetox therapy
• 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

FIRST READING

• 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. 2503 – Relating to court actions
• Com. Sub. for H. B. 2521 – Relating to permitting fur-bearer parts

 

Committees

Daily Committee Schedule

Agriculture and Natural Resources

8:30 a.m. – Room 215E

Agriculture Bills:

• H. B. 2532, Allowing certain donations by persons renewing their driver’s license or vehicle registration.
• H. B. 2560, Relating to the operation of state-owned farms.
• H. B. 2528, Relating to employees of the Commissioner of Agriculture.

Natural Resources Bills:

• H. B. 2540, Prohibiting the waste of game animals, game birds or game fish.

 

Industry & Labor

10:00 a.m. – Room 215E

• House Bill 2365, Clarifying the definition of an employee for the purposes of unemployment compensation and workers’ compensation
• House Bill 2646, Providing a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees.

 

Political Subdivisions

1:00 p.m. – Room 434M

***Agenda to be posted.***

 

Committee on Energy

2:00 p.m. – Room 418M

• H. B. 2673, Creating the Oil and Gas Abandoned Well Plugging Fund.
• HR 6, Recognizing the importance of West Virginia’s energy resources and critical energy infrastructure to support economic development and national security.

 

Committee on Health & Human Resources

2:00 p.m. – Room 215E

• HB 2612 – Proposing rules related to the completion or updating of source water protection plans
• HB 2651 – Relating to pharmacy benefit managers (2^nd reference to Finance)
• HB 2674 – Creating a student loan repayment program for a mental health provider (2^nd reference to Finance)
• HB 2607 – Relating to the licensure of nursing homes

 

Pensions & Retirement

4:00 p.m. – Room 460M

• Presentation by Jeffrey Fleck, Executive Director, Consolidated Public Retirement Board.

 

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

Bills:

HOUSE OF DELEGATES

BILLS TO BE INTRODUCED

Tuesday, January 29, 2019

2709. By Del. Atkinson, Worrell, McGeehan, Westfall, Miller, Swartzmiller, Kessinger, Cadle and Cooper [By Request of the WV Division of Natural Resources] – Relating to hunting licenses – To Agriculture and Natural Resources then the Judiciary
2710. By Del. Doyle, S. Brown, Evans, Lavender-Bowe, Pushkin, Estep-Burton and Pyles – Prohibiting manufacturing plants from locating within two air miles of an existing public school – To Industry and Labor then Small Business, Entrepreneurship and Economic Development then the Judiciary
2711. By Del. Doyle, S. Brown, Evans, Lavender-Bowe, Campbell, Estep-Burton, Hansen, Pushkin, Hornbuckle and Pyles – Requiring public hearing for applicant for air quality permit relating to facility of certain investment value (FN) – To Industry and Labor then Small Business, Entrepreneurship and Economic Development then the Judiciary
2712. By Del. Foster, Higginbotham, Fast, Dean, Wilson, Porterfield and Rowan – Relating to death penalty for first degree murder (FN) – To the Judiciary then Finance
2713. By Del. Boggs, Campbell, Pethtel, Westfall, Dean, Pack, Graves, Paynter, Toney, Swartzmiller and C. Thompson – Expunging records of unsubstantiated complaints made by the Department of Health and Human Resources against teachers – To Education then the Judiciary
2714. By Del. Cadle, Worrell, McGeehan, Westfall, Miller, Swartzmiller, Atkinson, Kessinger, Harshbarger and Cooper [By Request of the WV Division of Forestry] – Relating generally to sediment control during commercial timber harvesting operations (FN) – To Agriculture and Natural Resources then the Judiciary
2715. By Del. Harshbarger, Worrell, McGeehan, Westfall, Miller, Swartzmiller, Kessinger, Cadle and Cooper [By Request of the WV Division of Natural Resources] – Relating to Class Q special hunting permit for disabled persons – To Agriculture and Natural Resources then the Judiciary
2716. By Del. Harshbarger, Worrell, McGeehan, Westfall, Miller, Swartzmiller, Atkinson, Kessinger, Cadle and Cooper [By Request of the WV Division of Natural Resources] – Relating to motorboat lighting and equipment requirements (FN) – To Agriculture and Natural Resources then Government Organization
2717. By Del. Cooper, Worrell, Miller, Storch, D. Kelly, Maynard, Swartzmiller, Atkinson, Kessinger, Cadle and Harshbarger [By Request of the WV Division of Forestry] – Authorizing the Division of Forestry to investigate and enforce timber theft violations (FN) – To Agriculture and Natural Resources then Government Organization
2718. By Del. Cooper, Worrell, Westfall, Miller, Maynard, Atkinson, Kessinger and Harshbarger – Requiring purchasers of roundwood to collect and maintain certain information (FN) – To Agriculture and Natural Resources then the Judiciary
2719. By Del. Toney, Dean, Waxman, Paynter, Jennings, R. Thompson, Phillips, Mandt, Steele, Pack and Cadle – Establishing an optional bus operator in residence program for school districts (FN) – To Education then Finance
2720. By Del. Pethtel, Lovejoy, Shott and Boggs – Authorizing certain investigators and first responders to carry firearms – To Fire Departments and Emergency Medical Services then the Judiciary
2721. By Del. Cowles and Rowan – Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind (FN) – To Education then Finance
2722. By Del. Anderson, Azinger, Howell, J. Kelly, Westfall, Pethtel, Storch, D. Kelly, Harshbarger, Queen and P. Martin – Requiring the use of statutory income tax rates for ratemaking purposes for certain public utilities – To Energy then the Judiciary
2723. By Del. Caputo – Placing penalty points on driver’s licenses for using electronic communications devices while operating a motor vehicle – To Technology and Infrastructure then the Judiciary
2724. By Del. Atkinson and J. Kelly – Small Business Tax Credit (FN) – To Small Business, Entrepreneurship and Economic Development then Finance
2725. By Del. Foster, Waxman, Kessinger, Higginbotham and Westfall – Relating to preventing compensatory damage awards for medical expenses from including certain sums – To the Judiciary
2726. By Del. J. Kelly, J. Jeffries, Maynard, Paynter, Criss, Espinosa, C. Martin, Mandt, Cadle and Anderson – Entitling natural resource producers to the economic opportunity tax credit (FN) – To Energy then Finance
2727. By Del. Maynard, J. Jeffries, Rohrbach, Paynter, Linville, Mandt, Harshbarger, Miller, Tomblin, Westfall and Pack – Relating to conducting a study of the Upper Mud River Lake – To Agriculture and Natural Resources then Government Organization
2728. By Del. Howell, Phillips and Bibby – Establishing the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program (FN) – To Government Organization

 

 

 

All Senate and House Bills Introduced on Jan. 28, 2019: