West Virginia Senate – February 2, 2022 – 22nd Day of Session

Wednesday, February 2, 2022 – 22nd Day of Session

The Senate will convene at 11 a.m.

UNFINISHED BUSINESS

· SCR 27: US Army TSGT Harold William Schmidle Memorial Bridge

· SCR 28: US Army PVT Garland Lee Loudermilk Memorial Bridge

· SR 16: Designating February 2, 2022, Jan Lilly-Stewart Disability Advocacy Day

THIRD READING

Eng. Com. Sub. for SB 138: Relating to Board of Medicine composition
Eng. Com. Sub. for SB 227: Requiring county boards of education and county superintendents to comply with instructions of State Board of Education
Eng. Com. Sub. for SB 267: Relating to transportation of students in county board owned and insured vehicles
Eng. SB 492: Relating to electronic collection of tolls

SECOND READING

Eng. Com. Sub. for HB 4067: To make certain agency reports electronic or eliminating certain agency reports altogether (Com. amend. and title amend. pending)

FIRST READING

Com. Sub. for SB 7: Relating to damages for medical monitoring
Com. Sub. for SB 481: Relating to Adopt-A-Stream Program

Scheduled Committee Meetings

10 a.m.: Workforce (208W)

Com. Sub. for SB 501: Eliminating requirement on apprenticeship tax credit for certain tax years
Presentations on craft apprenticeship programs

o George Capel, Government Relations Director, WV State Building & Construction Trades Council

o Everett Johnson, Coordinator, WV Carpenters Training Center

o Brett Matthews, Training Coordinator, Plumbers & Pipefitters 625

2 p.m.: Pensions (451M)

SB 445: Modifying police and firemen’s pension plans for trustees

2 p.m.: Agriculture (208W)

Com. Sub. for SB 242: Restricting authority to prevent or limit owner’s use of natural resources or real property in certain agricultural operations

3 p.m.: Finance (451M)

SB 487: Relating to Revenue Shortfall Reserve Fund and Revenue Shortfall Reserve Fund – Part B
Budget Presentation: WV Higher Education Policy Commission
Budget Presentation: WV Community and Technical Colleges

3 p.m.: Judiciary (208W)

Com. Sub. for SB 472: Relating to access to juvenile records by certain employees of Division of Corrections and Rehabilitation
Com. Sub. for SB 245: Revising wage payment and collection
SB 6: Establishing common law “veil piercing” claims not be used to impose personal liability
Com. Sub. for SB 25: Updating provisions of Medical Professional Liability Act

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

Senate Bills to be Introduced Wednesday, February 2, 2022

SB 554: Abolishing WV Solid Waste Management Board (FN) [By Request of the Executive] (Blair, Baldwin; Natural Resources then Finance)
SB 555: Relating to financial institutions engaged in boycotts of firearms companies (FN) (Karnes, Azinger, Boley, Clements, Grady, Hamilton, Martin, Phillips, Roberts, Smith, Stover, Swope, Sypolt, Takubo, Woodrum; Judiciary then Finance)
SB 556: Relating to federal officers’ peace-keeping authority (Romano, Caputo, Jeffries, Martin, Trump; Judiciary)
SB 557: Extending current cap on per diem rate paid by counties and municipalities to house inmates (FN) (Woodrum, Azinger, Beach, Boley, Caputo, Clements, Geffert, Grady, Hamilton, Karnes, Martin, Nelson, Phillips, Plymale, Roberts, Romano, Stollings, Stover, Woelfel; Finance)
SB 558: Adding additional members to WV Parole Board (Trump; Judiciary)
SB 559: Creating Oral Health and Cancer Rights Act (Takubo; Health and Human Resources)
SB 560: Defining Class 2 e-bikes (Maynard; Transportation and Infrastructure)
SB 561: Increasing number of magistrate judges in Berkeley County (Trump; Judiciary)
SB 562: Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction (FN) (Maynard)
SB 563: Authorizing dispersed camping on state properties under DNR jurisdiction (FN) (Maynard)
SB 564: Mapping of public roads (FN) (Maynard; Transportation and Infrastructure then Finance)
SB 565: Establishing resident and nonresident wildlife viewing stamps (FN) (Maynard)
SB 566: Requiring Department of Commerce to develop plan for adventure travel recreation promotion in WV (FN) (Maynard; Economic Development then Finance)
SB 567: Exempting unmined rare earth metals and elements from taxation in WV (FN) (Maynard;
SB 568: Requiring insurance plans to provide underwriting information to insureds (Roberts; Banking and Insurance)
SB 569: Relating to confidentiality of court files and law enforcement records of certain enumerated offenses (Trump; Judiciary)
SCR 29: Nitro WW I Memorial Bridge (Jeffries)
SCR 30: McClintic Family Bridge (Baldwin, Woodrum)
SCR 31: US Navy HM3 Roy Elmer “Doody” Moon Bridge (Maynard)
SCR 32: Curtis “Pap” and Millie “Mammie” Asbury Memorial Bridge (Maynard)
SR 17: Designating February 3, 2022, as Preston County Day (Sypolt, Smith)

(Note: Bill references are subject to change.)

* (FN) indicates the bill has a Fiscal Note

* (IB) indicates the bill is an Interim Bill

Committee Action on Bills from Tuesday, February 1, 2022

10 a.m.: Transportation and Infrastructure

Eng. Com. Sub. for HB 4062: Removing the residency requirement for the Commissioner of the Division of Highways
Engrossed committee substitute reported to the full Senate with the recommendation it do pass

SR 4: Urging US Army Corps of Engineers study clean energy production at Summersville Dam
Resolution reported to the full Senate with the recommendation it be adopted

Com. Sub. for SCR 17: US Air Force 167th Airlift Wing Firefighter/SSgt Logan A. Young Memorial Bridge
Committee substitute for the concurrent resolution reported to the full Senate with the recommendation it be adopted

SCR 21: Putnam County Veterans Memorial Bridge; SCR 23: USMC CPL Guy Maywood Edwards Memorial Bridge
Concurrent resolutions reported to the full Senate with the recommendation they each be adopted

1 p.m.: Health and Human Resources

Com. Sub. for SB 181: Creating Core Behavioral Health Crisis Services System
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

Com. Sub. for SB 247: Relating to certified community behavioral health clinics
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

1 p.m.: Energy, Industry and Mining

Com. Sub. for SB 497: Relating to method for appraising qualified capital additions to manufacturing facilities
Committee substitute reported to the full Senate with the recommendation it do pass; second reference to Finance

2 p.m.: Education

SB 493: Requiring county BOE make meetings available to public in-person and through internet
Bill reported to the full Senate with the recommendation it do pass

SB 499: Authorizing legislative rules for School Building Authority
Bill reported to the full Senate with the recommendation it do pass

2 p.m.: Government Organization

Com. Sub. for Com. Sub. for SB 264: Relating to conservation districts law of WV
Committee substitute for the committee substitute reported to the full Senate with the recommendation it do pass

HB 2325: Removing the requirement of continuing education for barbers and cosmetologists
Bill reported to the full Senate with the recommendation it do pass

3 p.m.: Judiciary

HB 4301: Reforming membership requirements of Huntington Park and Recreation District Board
Bill, as amended, reported to the full Senate with the recommendation it do pass

Com. Sub. for SB 2: Relating to unemployment benefits program
Committee substitute reported to the full Senate with the recommendation it do pass

Bills that Have Passed the Senate as of Tuesday, February 1, 2022 (46)

SB 1: Creating Mining Mutual Insurance Company (House Energy and Manufacturing)
SB 4: Repealing ban on construction of nuclear power plants (Completed; awaiting action by Governor)
SB 5: Creating WV Unmanned Aircraft Systems Advisory Council (Pending House introduction)
SB 8: Relating generally to state’s savings and investment programs (Completed; awaiting action by Governor)
SB 9: Providing continued eligibility for developmental disability services to dependents of military members (House Veterans Affairs and Homeland Security)
SB 10: Relating to WVU Rifle Team electronic application donation program (House Agriculture and Natural Resources)
SB 22: Relating to exempting certain organizations from property taxation (House Education)
SB 40: Prohibiting insurance coverage from requiring prior authorization for tests to stage cancer (House Health and Human Resources)
SB 44: Requiring State Fire Commission propose rules for sprinkler protection for certain new buildings (House Fire Departments and Emergency Medical Services)
SB 60: Allowing BOE create and provide course in family and consumer sciences in secondary schools (House Education)
SB 77: Allowing certain veterans park free at metered parking in any state municipality (House Government Organization)
SB 91: Creating “Choose Life” special registration plate supporting adoption (House Technology and Infrastructure)
SB 98: Creating nonresident three-day fishing license (House Agriculture and Natural Resources)
SB 99: Continuing authority to index license and stamp fees (House Agriculture and Natural Resources)
SB 121: Prohibiting person criminally responsible for another’s death to participate in burial arrangements (House Judiciary)
SB 129: Making it unlawful for public utility to prohibit customers from hiring contractors to construct, install, or maintain connections to public utility (House Technology and Infrastructure)
SB 135: Relating to acquisition and disposition of property by urban development authority (House Judiciary)
SB 136: Updating language regarding Fairmont State alumni license plates (House Technology and Infrastructure)
SB 141: Modifying requirement that racetrack participate in WV Thoroughbred Development Fund by certain date (House Finance)
SB 151: Creating license plate recognizing linemen (House Transportation and Infrastructure)
SB 170: Providing WV veterans discounts on fees and charges at state parks (House Agriculture and Natural Resources)
SB 172: Increasing compensation of elected county officials (House Government Organization)
SB 191: Allowing poll workers to work full and half days (Completed; awaiting action by Governor)
SB 192: Establishing Civil Air Patrol license plate (House Technology and Infrastructure)
SB 228: Providing tuition and fee waivers at state higher education institutions for volunteers who have completed service in AmeriCorps programs in WV (House Education)
SB 229: Requiring impact statement in certain instances of school closing or consolidation (House Education)
SB 244: Relating to appointment of judges to Intermediate Court of Appeals (Completed; awaiting action by Governor)
SB 246: Requiring newly constructed public schools and public schools with major improvements to have water bottle filling stations (House Education)
SB 253: Relating to voting precincts and redistricting (House Government Organization)
SB 261: Requiring video cameras in certain special education classrooms (House Education)
SB 262: Relating generally to financial institutions engaged in boycotts of energy companies (Pending House introduction)
SB 279: Authorizing DEP to promulgate legislative rules (House Judiciary)

SB 334: Authorizing miscellaneous agencies and boards to promulgate rules (House Government Organization)
SB 417: Relating to authorized expenditures of revenues from certain state funds for fire departments (House Finance)
SB 427: Permitting WV Board of Medicine investigators to carry concealed weapon (House Judiciary)
SB 431: Relating generally to Uniform Controlled Substances Act (House Prevention and Treatment of Substance Abuse)
SB 435: Awarding service weapon to retiree from Division of Protective Services (H First Reading, 02-02)
SB 436: Correcting code citation for authority of State Fire Marshal (House Government Organization)
SB 437: Providing for early discharge of parolees (H First Reading, 02-02)
SB 439: Adopting Revised Uniform Athlete Agents Act of 2015 (Pending House introduction)
SB 440: Establishing Uniform Commercial Real Estate Receivership Act (Pending House introduction)
SB 441: Providing confidentiality of video and other records of correctional juvenile facilities (House Judiciary)

SB 449: Relating to Nonviolent Offense Parole Program (H First Reading, 02-02)

SB 450: Updating definitions of WV Personal Income Tax Act (Pending House introduction)
SB 451: Updating definitions of WV Corporation Net Income Tax Act (Pending House introduction)
SB 452: Permitting civil remedies for unauthorized disclosure of intimate images (Pending House introduction)

Resolutions Adopted by the Senate as of Tuesday, February 1, 2022 (8)

SCR 1: US Army PFC Billy Keith Ford Memorial Bridge (House Technology and Infrastructure)
SCR 3: USMC CAPT Dempsey Stowers Memorial Bridge (House Technology and Infrastructure)
SCR 5: US Marine Corps CPL James “Bud” Cox Memorial Bridge (House Technology and Infrastructure)
SCR 6: Holden 22 Coal Miners Memorial Bridge (House Technology and Infrastructure)

SCR 9: Haynie Family Veterans Memorial Bridge (House Technology and Infrastructure)
SCR 11: Dennis E. Davis Veterans Nursing Home (House Technology and Infrastructure)
SCR 13: US Army PFC Joseph Stanley McKinney Memorial Bridge (House Technology and Infrastructure)
SCR 15: US Army PVT Shirley E. Bailey Memorial Bridge (House Technology and Infrastructure)

House Bills Pending in the Senate as of Tuesday, February 1, 2022 (37)

HB 2177: Permitting the issuance of a state issued identification card without a photo on the card under certain conditions (Judiciary)
HB 2184: Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug (Judiciary)
HB 2325: Removing the requirement of continuing education for barbers and cosmetologists (Government Organization)
HB 2562: Relating to litter control (Judiciary)
HB 2631: Provide for WVDNR officers to be able to work “off duty” (Natural Resources)
HB 2817: Donated Drug Repository Program (Health and Human Resources)
HB 2972: Allowing a person to manufacture a stated amount of alcoholic liquor for personal consumption (Judiciary)
HB 3220: Restrictions on Taxpayer funded lobbying (Government Organization)
HB 3231: Public Utilities not required to pay interest on security deposits (Finance)
HB 3303: Relating to clarifying the process of filling vacancies on ballots (Judiciary)
HB 3312: Establishing a memorial to child labor and child workers who died in the course of employment in this state (Government Organization)
HB 4024: Creating a cosmetology apprentice program that allows companies to train employees for practical real-world experience (Government Organization)
HB 4048: WV Keep, Bear and Drive with Arms Act (Judiciary)
HB 4059: Clarifying that new Department of Health and Human Resources’ Deputy Commissioners are exempt from civil service (Health and Human Resources)
HB 4060: Repealing outdated sections of code relating to health (Health and Human Resources)
HB 4062: Removing the residency requirement for the Commissioner of the Division of Highways (Transportation and Infrastructure)
HB 4065: Allowing the Division of Natural Resources to teach hunter’s safety courses in school (Education)

HB 4067: To make certain agency reports electronic or eliminating certain agency reports altogether (S Second Reading, 02-02)
HB 4074: Require schools provide eating disorder and self-harm training for teacher and students (Education then Finance)
HB 4097: To prohibit nonpublic funding sources for election administration and related expenses without prior written approval by the State Election Commission (Judiciary)
HB 4110: Relating to staffing levels at multi-county vocational centers (Pending Senate introduction)
HB 4112: Provide consumers a choice for pharmacy services (Health and Human Resources)
HB 4113: Public Health definitions and powers of secretary and commissioner (Health and Human Resources)
HB 4252: To reduce copay cap on insulin and devices (Health and Human Resources)
HB 4257: Require visitation immediately following a procedure in a health care facility (Health and Human Resources)
HB 4263: Prohibit the practice of white bagging (Health and Human Resources)
HB 4276: Permit WVU to create a Parkinson’s disease registry (Health and Human Resources)
HB 4286: Relating to exempting persons employed as attorneys from the civil service system (Pending Senate introduction)

HB 4288: Relating to expanding the practice of auricular acudetox to professions approved by the acupuncturist board (Health and Human Resources)
HB 4291: Relating to authorizing legislative rules regarding higher education (Education)
HB 4299: To prohibit the intentional interference with election processes and creating associated criminal penalties (Judiciary)
HB 4301: Reforming membership requirements of Huntington Park and Recreation District Board (Judiciary)
HB 4308: Authorizing disclosure of juvenile information to Crime Victims Compensation Fund for investigation and award of benefits (Judiciary)
HB 4312: Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances (Pending Senate introduction)
HB 4324: To update collaborative pharmacy practice agreements (Health and Human Resources)

· HB 4333: Relating to the sunset of the Board of Hearing-Aid Dealers and Fitters (Pending Senate introduction)

· HB 4360: Relating to WV Invest community service requirements (Pending Senate introduction)

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