Wednesday, Feb. 1
22nd 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.
- Marshall University Day Upper House & Senate Rotunda
- Anti-Tobacco/RAZE Day Lower Rotunda
- WVMA Hospitality House, WVMA, 2001 Quarrier Street, 4:30 – 6:00 pm
The Senate will convene at 11 a.m.
UNFINISHED BUSINESS
- SCR 6: US Army SGT Vincent DiBacco Memorial Bridge
- SR 21: Designating February 1, 2023, as National Unclaimed Property Day at Legislature
- SR 22: Designating February 1, 2023, as Marshall University Day at Legislature
THIRD READING
- Eng. Com. Sub. for SB 188: Grid Stabilization and Security Act of 2023
- Eng. SB 240: Requiring state board of examination or registration proceedings to be open to public inspection
- Eng. Com. Sub. for SB 426: Banning use of certain products and platforms deemed unsafe or high risk on government systems
- Eng. Com. Sub. for HB 2018: Permitting the managed care case coordinator to attend the multidisciplinary team meeting
- Eng. HB 2029: Repealing the creation of an all-payer claims database
SECOND READING
- Com. Sub. for SB 356: Authorizing DOT to promulgate legislative rules
FIRST READING
- Com. Sub. for SB 205: Relating to registration plates
- SB 224: Establishing revocation of authority for spending by agency in support of challenge to WV law
- Com. Sub. for SB 250: Requiring level one permit holders to display student driver on rear of vehicle
- SB 275: Adding State Fire Marshals to statute included with law enforcement and first responders that receive information on school safety requirements
- Com. Sub. for SB 294: Clarifying amount of deputy sheriff annual salary increase
- Com. Sub. for SB 345: Authorizing Division of Financial Institutions to promulgate legislative rule relating to money transmission services
- SB 445: Repealing outdated section of WV code relating to WV Graduate College and Marshall University
- SB 457: Removing certain activities Alcohol Beverage Control Commission licensee is prohibited to permit on private club premises
- Com. Sub. for SB 461: Relating to WV public employees grievance procedure
- Com. Sub. for SB 463: Increasing validity of CDL instruction permit
- Com. Sub. for SB 472: Creating criminal offense of indecent exposure in front of minors
- Eng. HB 2564: Repeal of administrative hearing procedures for DUI offenses
- Eng. HB 2776: Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act
- Eng. HB 2777: Updating federal taxable income and other terms in the West Virginia Corporation Net Income Tax Act
1 p.m.: Committee on School Choice (208W)
- SB 453: Ensuring retirement contributions and delinquency charges of charter school employees be paid upon school closure or by successor
1 p.m.: Economic Development (451M)
- SB 256: Relating to WV Economic Development Authority
2 p.m.: Outdoor Recreation (208W)
- Com. Sub. SB 468: Continuing Cabwaylingo State Forest Trail System
2 p.m.: Pensions (451M)
- Com. Sub. for SB 449: Updating terms for Natural Resources Police Officers Retirement System and retirement systems for charter schools
- Com. Sub. for SB 450: Defining medical examination for disability purposes in retirement plans administered by the Consolidated Public Retirement Board (CPRB)
- Com. Sub. for SB 475: Modifying examinations for disability pensions
- Com. Sub. for SB 451: Relating to Teachers’ Retirement System and Teachers Defined Contribution Retirement System
3 p.m.: Judiciary (208W)
- Reports by Subcommittees
- Referrals to Subcommittees
- Com. Sub. for SB 361 (Misc. Bundle): Authorizing Board of Accountancy to promulgate legislative rule relating to board rules of professional conduct
o Includes: SB 362, Authorizing Board of Acupuncture to promulgate legislative rule relating to advertising by licensed acupuncturists; SB 363, Authorizing Board of Acupuncture to promulgate legislative rule relating to standards of practice of acupuncture by licensed acupuncturists; SB 364, Authorizing Board of Acupuncture to promulgate legislative rule relating to continuing education requirements; SB 365, Authorizing Department of Agriculture to promulgate legislative rule relating to WV apiary rule; SB 366, Authorizing Department of Agriculture to promulgate legislative rule relating to schedule of charges for inspection services: Fruit; SB 367, Authorizing Department of Agriculture to promulgate legislative rule relating to noxious weeds rule; SB 368, Authorizing Department of Agriculture to promulgate legislative rule relating to Grade “A” pasteurized milk; SB 369, Authorizing Agriculture Commissioner to promulgate legislative rule relating to inspection of nontraditional, domesticated animals; SB 370, Authorizing Department of Agriculture to promulgate legislative rule relating to hemp products; SB 371, Authorizing Department of Agriculture to promulgate legislative rule relating to livestock care standards; SB 372, Authorizing Department of Agriculture to promulgate legislative rule relating to farm-to-food bank tax credit; SB 373, Authorizing Department of Agriculture to promulgate legislative rule relating to farmers markets; SB 374, Authorizing Athletic Commission to promulgate legislative rule relating to administrative rules of WV State Athletic Commission; SB 375, Authorizing Athletic Commission to promulgate legislative rule relating to regulation of mixed martial arts; SB 376, Authorizing State Auditor to promulgate legislative rule relating to standards for voluntary payroll deductions; SB 377, Authorizing Conservation Agency to promulgate legislative rule relating to operation of WV State Conservation Committee and conservation districts; SB 378, Authorizing Conservation Agency to promulgate legislative rule relating to conservation district accounting and auditing standards; SB 379, Authorizing Board of Dentistry to promulgate legislative rule relating to dental recovery networks; SB 380, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements; SB 381, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to crematory requirements; SB 382, Authorizing Board of Funeral Service Examiners to promulgate legislative rule relating to fee schedule; SB 383, Authorizing Board of Landscape Architects to promulgate legislative rule relating to registration of landscape architects; SB 384, Authorizing Board of Medicine to promulgate legislative rule relating to licensing of physicians and podiatric physicians and disciplinary procedures for applicants, licensees, credential holders; SB 385, Authorizing Board of Medicine to promulgate legislative rule relating to licensure, practice requirements, disciplinary and complaint procedures, continuing education, physician assistants; SB 386, Authorizing Board of Medicine to promulgate legislative rule relating to collaborative pharmacy practice; SB 387, Authorizing Board of Medicine to promulgate legislative rule relating to prohibiting sexual misconduct by health care practitioners; SB 388, Authorizing Board of Optometry to promulgate legislative rule relating to optometric telehealth practice; SB 389, Authorizing Board of Osteopathic Medicine to promulgate legislative rule relating to osteopathic physician assistants; SB 390, Authorizing Board of Pharmacy to promulgate legislative rule relating to licensure and practice of pharmacy; SB 391, Authorizing Board of Pharmacy to promulgate legislative rule relating to Uniform Controlled Substance Act; SB 392, Authorizing Board of Pharmacy to promulgate legislative rule relating to Board of Pharmacy rules for registration of pharmacy technicians; SB 393, Authorizing Board of Pharmacy to promulgate legislative rule relating to regulations governing pharmacy permits; SB 394, Authorizing Board of Pharmacy to promulgate legislative rule relating to inspections; SB 395, Authorizing Board of Pharmacy to promulgate legislative rule relating to Donated Drug Repository Program; SB 396, Authorizing Psychologists to promulgate legislative rule relating to code of conduct; SB 397, Authorizing Board of Registered Nurses to promulgate legislative rule relating to requirements for registration and licensure and conduct constituting professional misconduct; SB 398, Authorizing Board of Registered Nurses to promulgate legislative rule relating to advanced practice registered nurse licensure requirements; SB 399, Authorizing Board of Registered Nurses to promulgate legislative rule relating to limited prescriptive authority for nurses in advanced practice; SB 400, Authorizing Board of Registered Nurses to promulgate legislative rule relating to continuing education and competence; SB 401, Authorizing Board of Registered Nurses to promulgate legislative rule relating to fees for services rendered by board; SB 402, Authorizing Board of Registered Nurses to promulgate legislative rule relating to practitioner requirements for accessing WV Controlled Substance Monitoring Program database; SB 403, Authorizing Board of Registered Nurses to promulgate legislative rule relating to telehealth practice; SB 404, Authorizing Secretary of State to promulgate legislative rule relating to early voting in-person satellite precincts; SB 405, Authorizing Secretary of State to promulgate legislative rule relating to Combined Voter Registration and Driver Licensing Fund; SB 406, Authorizing Secretary of State to promulgate legislative rule relating to administrative procedures for Nonpublic Funding for Election Administration Fund; SB 407, Authorizing State Treasurer to promulgate legislative rule relating to enforcement of Uniform Unclaimed Property Act; SB 491, Authorizing Treasurer’s Office to promulgate legislative rule relating to Hope Scholarship Program; SB 408, Authorizing State Treasurer to promulgate legislative rule relating to Jumpstart Savings Program
- Com. Sub. for SB 247: Making administrative appeals and judicial review of board action subject to provisions of Administrative Procedures Act
- Com. Sub. for SB 50: Requiring one-year residency within district or county to fill vacancy in Legislature
3 p.m.: Finance (451M)
- Budget Presentation: West Virginia Higher Education Policy Commission and Community and Technical Colleges
Senate Bills to be Introduced:
- SB 535: Creating religious and philosophical exemptions for school attendance vaccines (Chapman, Rucker, Taylor, Azinger, Deeds, Grady, Karnes, Martin, Maynard, Phillips, Smith, Swope, Tarr; Health and Human Resources)
- SB 536: Relating to distribution of certain taxes to benefit fire departments and emergency medical services providers (Phillips, Stuart, Maynard; Government Organization then Finance)
- SB 537: Eliminating marital exception to criminal prosecution of sexual assault offenses (FN) (Woelfel; Judiciary then Finance)
- SB 538: Updating procedure on appeals of level three decisions issued by Public Employees Grievance Board (Woodrum; Judiciary)
- SB 539: Authorizing state and subdivisions to negotiate price for construction when all bids received exceed maximum budget (Woodrum; Government Organization)
- SB 540: Creating misdemeanor offense of willfully urinating or defecating in public (Trump, Stover, Deeds, Chapman, Rucker, Hamilton, Smith; Judiciary)
- SB 541: Providing for election reforms (Stuart, Azinger; Judiciary)
- SB 542: Relating to sheriff’s commission for collection of taxes (Martin, Queen, Karnes; Government Organization)
Two Public Hearings
The House Judiciary Committee will host a public hearing on HB2007 from 9-10 a.m. in the Chamber.
The Committee on Finance will host a public hearing on HB2883 from 2-3 p.m. in the Chamber.
Reminder: the amount of time given to each speaker will be determined by how many people sign up to speak – the number of speakers will be divided by the 60 minutes scheduled for each public hearing.
The House will convene at 11 a.m.
UNFINISHED BUSINESS
H. C. R. 11 – Relating to Higher Education Consortium for Emerging Energy Technologies
H. C. R. 13 – Make 2nd week of February of every year a week of recognition of the Boy Scouts of America
THIRD READING
S. B. 207 – Relating to state allocation of funding to regional councils (Howell) (Regular)
Com. Sub. for H. B. 2596 – To modify when a nonresident student’s transfer may be denied (Ellington) (Regular)
H. B. 2613 – Relating to the administration of anesthetics (Summers) (Effective From Passage)
Com. Sub. for H. B. 2870 – Correcting a reference relating to siting certificates for certain electric generating facilities (Anderson) (Regular)
Com. Sub. for H. B. 3061 – Relating to updating the authority of the Foster Care Ombudsman (Summers) (Effective From Passage)
SECOND READING
Com. Sub. for H. B. 2832 – Clarifying appropriate and inappropriate duties for school counselors while also providing the definition of a school counselor (Ellington) (Regular)
FIRST READING
Com. Sub. for H. B. 2004 – Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct (Capito) (Regular)
Com. Sub. for H. B. 2007 – Prohibiting certain medical practices (Capito) (Regular)
Com. Sub. for H. B. 2008 – Requiring local entities to enforce immigration laws (Capito) (Regular)
Com. Sub. for H. B. 2380 – Relating to School Building Authority (Ellington) (Regular)
Com. Sub. for H. B. 2443 – Relating to service employees with National Association for Pupil Transportation Certifications (Ellington) (Regular)
H. B. 2768 – To require all state entities and Chapter 30 boards to use “.gov” domains and e-mail addresses (Phillips) (Regular)
H. B. 2941 – To extend the end date of the State Advisory Council on Postsecondary Attainment Goals (Ellington) (Regular)
Com. Sub. for H. B. 3091 – Requiring counties provide fiscal information for State Auditor’s WV Checkbook website (Phillips) (Regular)
9 a.m. – Committee on Fire Departments and EMS will meet in the Finance Committee Room, 460M
Agenda:
- H. B. 2819, To add State Fire Marshals to the statute to be included with law enforcement that receive information related to school safety requirements.
- H. B. 2762, Allowing variance in state fire code for certain buildings used solely for emergency equipment storage.
- H. B. 2937, To reduce the business license fee for WV Volunteer Fire Departments to $250.
- H. B. 2191, Provide volunteer firemen free license plates and vehicle registration.
9:15 a.m. – Political Subdivisions Committee will meet in the Judiciary Committee Room, 410M
Agenda:
- Consideration of House Bill 3111, Creating Infrastructure Ready Jurisdictions.
- Consideration of House Bill 2498, To require medication-assisted treatment programs to have written policies concerning community relations.
- Consideration of House Bill 2576, Municipalities may not assess a user fee when employee was not present in the municipality in the performance of his or her job.
10 a.m. – Committee on Veterans’ Affairs and Homeland Security will meet in the East Wing Committee Room, 215E
Agenda:
- Consideration of HB 2774 – Welcome Home Grant Program.
- Consideration of HB 2834 – Amending the existing War Orphan program so children and spouses of deceased active-duty officers and enlisted Service members would both be eligible for the War Orphan Education Program.
- Consideration of HB 2967 – Expediting License Applications for active military members and veterans, and their spouses.
- Consideration of HB 2968 – Tuition and fee exemptions for service-connected Disabled Veterans and their dependents.
- Consideration of HB 2916 – Relating to terrorism.
- Consideration of HB 2666 – Authorizing the Governor’s Committee on Crime to promulgate a legislative rule relating to protocol for law enforcement response to domestic violence.
- Consideration of HB 2667 – Authorizing the Division of Emergency Management to promulgate a legislative rule relating to National Flood Insurance Program.
- Consideration of HB 2675 – Authorizing the State Police to promulgate a legislative rule relating to West Virginia State Police professional standards investigations, employee rights, early identification system, psychological assessment, and progressive discipline.
1 p.m. – Finance Committee will meet in the Committee meeting room, 460M
1 p.m. – Judiciary Committee will meet in the Committee meeting room, 410M
- HB2896 – Relating to making West Virginia an Agreement State with the U. S. Nuclear Regulatory Commission
- HB2611 – To remove certain territorial limitations on a banking institution’s ability to offer messenger services or mobile banking facilities
- HB2459 – To clarify the application of zoning requirements to exempt wholesale generators
- HB2548 – Relating to temporary identification cards for released inmates
- HB2599 – Creating the utility pole rights of way and easement mapping initiative
- HB2970 – Creating the equitable right to expungement
- HB2605 – Relating to Good Samaritan law
2 p.m. – Education Committee will meet in the Committee meeting room, 432M
- H. B. 2137, To allow money paid to state employees to go to their estate if they pass away before their retirement date.
- H. B. 3055, To create a vocational math class for students interested in careers in the trades.
- H. B. 3098, To eliminate the WV General Summative Assessment and replace it with a formative assessment given three times a year.
- H. B. 3113, Requiring high school students to complete course of study in personal finance.
- H. B. 3192, Abolishing the Center for Nursing and transferring its duties and authorities to the Higher Education Policy Commission.
3 p.m. – Committee on Government Organization will meet in the East Wing Committee Room, 215E
- Consideration of HB 3195, Relating to the management of personal service appropriations for vacant positions.
- Consideration of HB 3197, Creating the Legislative Infrastructure Commission.
- TBA