Friday, May 16, 2025
Friday, May 16, 2025
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2025 Completed Legislation: Part 13

House Bill 3347 creates a new appropriation of $15 million within the Division of General Services for Capital Expenditures, Repairs, and Equipment Surplus.

House Bill 3349 appropriates $45,022,906 from the state excess lottery revenue fund to the Department of Human Service.

House Bill 3350 reduces appropriation to the Division of Corrections and Rehabilitation, Correction Units to $5,483,314 for Special Services and $5,885,255 for Direct Transfer. The bill also appropriates $1,769,890 to the Bureau of Juvenile Services.

House Bill 3352 appropriates $39,376,837 of general revenue funds to the Department of Human Services, Medical Services- Surplus.

House Bill 3356 appropriates $28,400,666 from the unappropriated balance of the General Revenue to the Hope Scholarship.

House Bill 3357 appropriates $33,804,764 of the unappropriated surplus balance of the Lottery Net Profits to the Hope Scholarship.

House Bill 3358 increases federal block grant spending authority to the Department of Human Services by $21,000,000 for TANF.

House Bill 3359 decreases funds from the Economic Development Authority Service by $9,506,440 and increases appropriations for the Department of Human Services and Medicaid Services by the same amount.

House Bill 3360 expires $28,693,181.72 from the West Virginia Development Authority, Economic Development Project Bridge Loan Fund, to the unappropriated surplus balance.

House Bill 3361 appropriates $6,589,343 from the unappropriated balance of General Revenue for fiscal year 2025 to the West Virginia Birth to Three.

House Bill 3363 increases the appropriation to Public Defender Corporations by $2,600,00 and Appointed Counsel Fees (R) by $20,000,000 from general revenue.

House Bill 3365 increases spending authority for the Birth-to-Three Fund by $5,888,483.

House Bill 3366 increases the federal spending authority of the Department of Health, Office of the Inspector General, by $979,697 for personal services, repairs, equipment, and other expenses.

House Bill 3367 changes spending authority for the Department of Commerce, Division of Natural Resources-License Fund-Wildlife Resources by decreasing Capital Improvements and Land Purchases by $2,317,193. The bill also increases Wildlife Resources by $605,639 and Law Enforcement by $1,304,898 for a total increase of $2,317,193.

House Bill 3368 appropriates $581,900 from General Revenue to the Department of Administration.

House Bill 3369 increases appropriations for the Department of Education by $596,981.

House Bill 3370 increases federal spending authority to the Department of Human Services by $32,132,229.

House Bill 3371 decreases funds for Welch Community Hospital by $58,632 and increases appropriations to the Office of the Inspector General in the same amount. This transfers an FTE.

House Bill 3372 increases federal spending authority for the Department of Veterans Assistance by $60,700 for Personal Services and Employee Benefits.

House Bill 3373 extends the Division of Economic Development to January 1, 2030.

House Bill 3389 excludes the Department of Tourism as a “governmental agency” to exempt the Department from the requirement to offer the division of vocational rehabilitation the opportunity to operate the Department’s food service facilities.

House Bill 3411 repeals code relating to expired legislative commissions, including the Legislative Building Commission, the WV Sesquicentennial of the American Civil War Commission and Fund, The Council of Finance and Administration, the Steering Committee for the WV Enterprise Resource Planning Board, the WV Sentencing Commission, the Toll Road Study Commission, the Select Committee on Outcomes-based Funding Models in Higher Education, Equal Pay Commission, Joint Legislative Oversight Commission on State Water Resources, Commission on Interstate Cooperation, and the Legislative Oversight Committee on WV Regional Jail and Correctional Facility Authority. Additionally, the bill removes legislative membership from the Employee Suggestion Award Board, the WV Forest Management Review Commission, the WV Economic Development Strategy, the WV Fusion Center, and the State Board of Risk and Insurance Management. Finally, the bill moves the duties of the Joint Commission of Government Operations duties to the Joint Committee on Government Organizations.

House Bill 3424 removes language relating to short-term loans being provided to released inmates for the cost of reentry.

House Bill 3429 allows the Department of Environmental Protection to evaluate letters of interest from engineering firms to generate “Prequalified Lists of Consultants.”

House Bill 3434 changes the Controlled Substance Act by updating schedules to match federal government schedules.

House Bill 3440 removes outdated code relating to the State Treasurer’s Office.

House Bill 3444 repeals the sections of code relating to newborn eye inflammation. With the repeal, the mandate to apply the antibiotic erythromycin is removed, the reporting requirements are removed, and penalties for not applying are removed.

House Bill 3456 transfers the Stevens Correctional Center from the McDowell County Commission to the Division of Corrections and Rehabilitations, which will be managed by the Commissioner. The employees will become employees of the WV DCR.

House Bill 3492 authorizes the City of Huntington to level a special district tax for the benefit of the City of Huntington.

House Bill 3503 states that no county, municipality, or political subdivision may prohibit, regulate, permit, or license commercial horticulture within the subject matter of the Water Pollution Control Act. The bill invalidates any within the subject matter of the Water Pollution Control Act and all such provisions in charters, laws, rules, regulations, ordinances, or zoning provisions, which already try to do this. The bill also prevents counties, municipalities, or political subdivisions from suiting a commercial horticulture operation for any activity within the subject matter of the Water Pollution Control Act if the commercial horticulture operation is in material compliance with the Water Pollution Control Act, its rules, and federal laws and regulations.

House Bill 3504 defines critical infrastructure as including licensed livestock stockyards, licensed livestock slaughter facilities, and licensed commercial poultry facilities.

House Bill 3513 removes the liability of licensees who sell or serve alcohol in a civil action for damages for injury, death, or damage caused by the intoxication of a person they served unless the licensee knowingly provides alcohol to a minor or knowingly provides alcohol to a person who is visibly intoxicated. The bill limits the liability for medical expenses to $1 million and punitive damages of up to two times the compensatory damages. The bill requires clear and convincing evidence of gross negligence for action to be brought against the owner.

House Bill 3515 allows the State Police superintendent to appoint 20 principal supervisors from the membership to receive compensation and hold the temporary rank of lieutenant colonel, major, or captain at the superintendent’s will and pleasure.

House Bill 3517 establishes a system to remedy fiscal emergencies in local governments. The State Auditor may review and determine if a local government’s records and accounts have not been maintained correctly. The State Auditor may set deadlines for completing an action plan.

House Bill 3522 is a supplemental appropriation providing $2 million to the Division of Culture and History for Cultural Facilities and Capitol Resources Matching Grant Program Fund.

2025 Completed Legislation: Part 12

House Bill 3166 requires each county board of education to establish standardized school safety mapping data before September 1, 2025. The bill also requires the data to be provided to the state board of education, the Division of Homeland Security and Emergency Management, and local first response agencies.

House Bill 3179 prohibits the Public Service Commission (PSC) from ordering a utility to acquire a distressed or failing utility if the aggregate cost of necessary capital improvements for the distressed or failing utility exceeds the aggregate required contribution under the commission’s extension of mains rules for new customers and grant funds available from the Water Development Authority Distressed Utilities Account.

House Bill 3181 allows chief executives, law enforcement officers, and law enforcement officials to purchase their service handgun upon honorable separation from employment.

House Bill 3187 adds the identification of economic opportunities to the Task Force on Artificial Intelligence agenda and extends the Task Force’s sunset to July 1, 2027.

House Bill 3192 repeals obsolete, conflicting, and duplicative higher education provisions of code.

House Bill 3209 requires that beginning August 1, 2025, every county employ two school counselors for every 1000 students. It further specifies that counties may follow one counselor for every 400-450 elementary and middle school students and one counselor for every 250-300 high school students.

House Bill 3263 provides that every utility should have an approved outage notification system in place to notify customers of service disruptions.

House Bill 3272 requires a hearing to be scheduled five to ten days after the property owner files a petition for eviction. The bill also allows tenants to file and serve a written defense within five days of the eviction notice.

House Bill 3274 authorizes circuit courts to appoint court reporters or use electronic means to report testimony before the grand jury, in preceding before the judge of such court on vacation, and to aid the judge in any official duties.

House Bill 3275 allows the Supreme Court of Appeals to set the time for filing a notice of appeal, perfecting an appeal, and filing related documents with the Intermediate Court of Appeals and the Supreme Court of Appeals.

House Bill 3277 defines the term “Secretary” in the West Virginia Hospital Finance Authority Act. The code missed this when splitting the Department of Health and Human Resources into three agencies.

House Bill 3279 makes changes to the WVU and WVSU Boards of Governors. It requires a representative from the agriculture or forestry professions, and the WVU board must include representatives from WVU Tech and WVU Potomac. These added members are voting members. The bill also removes faculty, staff, and students from being voting members to nonvoting advisory members.

House Bill 3297 would create the Washington Center for Civics, Culture, and Statesmanship at WVU. The Center would disseminate information about classical Western history and culture. The bill sets goals and policies for the Center, which would be an independent academic unit of the university. Up to five tenure-track positions can be housed at the Center. The Center is charged with offering courses and developing certificates, minors, majors, and graduate-level degrees.  The Center will be led by a director who reports to the president of the university, the provost, and the vice president for academic affairs.  The initial appointment of the Director is at the discretion of the Governor.  The qualifications for the Director are knowledge of Western tradition and the founding of America. The Director is given the power to administer the Center without the approval or agreement of the university’s president. An academic council for the center will be created with seven members. The Director of the West Virginia University Board of Governors and the Joint Committee on Government and Finance requires annual reporting.

House Bill 3313 allows a participating institution to partner with community and technical colleges outside of its designated consortia planning district region if the assigned facilitating community and technical college does not offer a program and does not develop that program within two years of a formal request by a participating institution. The bill adds Braxton County to the Southeastern region and makes Braxton County High School a participating institution.

House Bill 3336 eliminates the requirement for a four-and-a-half-inch casing for modern wells. The bill eliminates the removal of intermediate or surface casings for non-modern or older wells so long as other requirements are met.
 
House Bill 3338 allows a judge to consider remote testimony when a child witness is needed.

House Bill 3342 establishes the Firearms Industry Nondiscrimination Act to prohibit discrimination against a firearm entity or firearm trade association.

2025 Completed Legislation: Part 11

House Bill 2802 allows law enforcement officers to complete eight of the required in-service hours per year to be served on-site in a school safety program.

House Bill 2836 establishes a Wildlife Rehabilitation program within the Division of Natural Resources’ Wildlife Resources Section. To obtain a permit for wildlife rehabilitation, one must be an 18-year-old West Virginia resident, take wildlife handling and care training and pass an examination, meet and maintain facility requirements, and provide written verification that a veterinarian has agreed to assist and consult with treatment and care.

House Bill 2866 requires the county and municipality to enter into an intergovernmental agreement before a municipality may impose a fire service fee outside of its boundaries in a county that already imposes a county fire service fee.

House Bill 2867 removes real estate from being processed as a small estate.

House Bill 2871 changes negligent homicide to vehicular homicide. Vehicular homicide remains a misdemeanor with a fine of $1,000 to $10,000 and/or up to a year in jail. The bill adds to this section of the code aggravated vehicular homicide and vehicular homicide in a school zone or construction zone. Aggravated vehicular homicide is when one acts with deliberate disregard for the safety of others. The felony offense can be fined up to $20,000 and/or imprisoned for 1 to 5 years. For vehicular homicide in a school or construction zone, the individual would be guilty of a felony and may be fined $2,500 to $5,000 and/or imprisoned for 2 to 10 years. The bill includes embryo/fetus as a protected person in vehicular homicides.

House Bill 2880 creates new code requiring certain information be provided at centralized intake for child welfare. The bill provides for parent resource navigator to be a part of the multidisciplinary teams to help parents through the process. The bill requires the Bureau for Medical Services and the Bureau for Social Services to provide electronic access to various persons and for the child welfare dashboard to be updated.

House Bill 2889 authorizes the Commissioner of the State Auditor of West Virginia to conduct fairness hearings for transactions involving the exchange of a security for one or more outstanding securities, claims, or property interests or partly for cash to determine whether the terms and conditions of the exchange are fair to the security holders.

House Bill 2897 requires the Legislative Auditor to perform a performance for the WV Department of Education. It gives the Legislative Auditor the power and authority to conduct examinations and inspections and requires the legislative auditor to protect the confidentiality, privacy, and security of protected information.

House Bill 2942 extends the sunset date for the WV Department of Environmental Protection’s Design-Build Pilot Program to December 31, 2027.

House Bill 2943 extends the sunset date for the hazardous waste management fee to June 30, 2030

House Bill 2960 implements a two-year pilot program in which the Division of Highways will hire multiple vendors for snow removal on secondary roads in Monongalia and Preston Counties. If a vendor’s performance is unsatisfactory, the Secretary of the Division of Highways may terminate the contract with 30 days’ notice.

House Bill 2961 prohibits designated foreign parties from acquiring, holding, or transferring real estate and mineral rights in West Virginia. “Prohibited foreign party” includes a citizen or government of the People’s Republic of China or any of its political subdivisions or any foreign government, entity, or individual identified annually by the West Virginia Secretary of Homeland Security as hostile to the interest of the US or WV.

House Bill 2963 allows a bank chartered by this state to sell or transfer all, or substantially all, of its assets and liabilities by merger, reorganization, purchase, and assumption or any similar business combination to another entity, but only if that entity is insured by the Federal Deposit Insurance Corporation (FDIC). The bill also authorizes any interested person, including a bank or bank holding company, to enforce the provisions of this section by applying to a court for equitable relief.

House Bill 2964 requires airport authority members to be residents of either the municipality or contiguous county they represent. The criteria for feed adulteration are also amended.

House Bill 3000 changes the law on commercial feed by amending the definition of commercial feed to include commodities, compounds, or substances that are not intermixed.

House Bill 3012 modifies the allocation of lottery funding. The bill removes the requirement that the entire city be within the county for revenue sharing.

House Bill 3014 clarifies the circumstances in which a hospital is entitled to immunity arising from actions resulting from civil disobedience, riot, insurrection, rebellion, or failure or inadequacy of police protection. A hospital with a police department is immune from liability if a loss or claim results from civil disobedience, riot, insurrection, rebellion, or the failure to provide or the method of providing police protection. No hospital shall be liable to any person for failing to establish a police department or provide police protection.

House Bill 3016 requires each county board of education to create standardized school safety mapping data. Boards must consult with local authorities to ensure the data meets the requirements. The bill exempts the data from FOIA and adds an internal effective date of September 1, 2026.

House Bill 3024 allows for the creation of a comprehensive system for transferring credits between the state’s public higher education institutions.

House Bill 3030 removes the permit fee limit relating to the WV Water Pollution Control Act.

House Bill 3080 authorizes a hiring preference for certain military spouses in the state. It grants a preference in hiring to a military spouse, provided that the person granted the hiring preference otherwise meets the knowledge, skills, and eligibility requirements of the job to be filled.

House Bill 3089 mandates that all entities that record more than five liens per year use West Virginia’s electronic lien and title system.

House Bill 3111 provides pay increases to members of the judiciary, including the Supreme Court, circuit courts, family courts, and the Intermediate Court.

House Bill 3125 provides that teachers with a bachelor’s degree and 10 years of teaching experience, a valid teaching certificate, good standing, and no unsatisfactory evaluations will be able to apply for and receive a permanent teaching certificate without having to take any additional coursework.

House Bill 3133 permits counties and municipalities to enter into memoranda of understanding for demolition of dilapidated structures.

House Bill 3144 encourages the development of wireless infrastructure and sets policies to govern infrastructure deployment. It is based on the model legislation developed by the Wireless Infrastructure Association.

House Bill 3152 declares the claims against the state to be moral obligations of the state and authorizes the payment of the following amounts: $926,461.63 from General Revenue, $199,652.78 from Special Revenue Funds, and $620,932.59 from the State Road Fund. The total owed in claims is $1,747,047.00.

House Bill 3156 clarifies the Legislature is not subject to the cost assessment, accounting, and reporting services of the Department of Administration Shared Services Section.

House Bill 3157 modifies the shortened process for certain road condition claims to expedite it and requires the Division of Highways to establish a line item in its budget for the expedited payment of certain stipulated road condition claims.

House Bill 3162 adds violations of the West Virginia Consumer Credit and Protection Act to the list of recognized causes of actions that can be brought after the death of a person entitled to recover or the death of the liable person. The bill also modifies the consumer definition to include administrators of estates obligated to pay any debt and administrators of estates of natural persons obligated under a deed or lien where a property is subject to foreclosure or forfeiture for lack of payment.

House Bill 3164 establishes a $125 annual fee for individuals required to register on the Central Abuse Registry. Payment is made to the circuit clerk and tracked by the State Police. The bill allows the State Police to enforce nonpayment through a civil lien process and directs the collected funds primarily toward mental health services for State Police personnel.

2025 Completed Legislation: Part 10

House Bill 2491 expands the definition of “charitable or public service activity or endeavor” to allow colleges and universities to hold online raffles. The school must be NCAA Division I or Division II to be eligible. The proceeds from the raffles must benefit the athletic department, including all affiliated and associated nonprofit corporations or other entities, trusts, or Name Image Likeness (NIL) collectives, and must be spent within one year unless an extension is granted.

House Bill 2499 requires that public school principals and county board members receive an in-person informational training course covering the federal law on the Individuals with Disability Education Act, the Least Restrictive Environment, updated discipline guidance from the United States Department of Education, and parental rights regarding due process.

House Bill 2511 allows charitable bingo and alcohol sales and consumption to take place simultaneously for Fraternal Beneficiary Societies, Domestic fraternal societies, Veteran’s organizations, and Volunteer fire departments.

House Bill 2513 enhances training for county board of education members by increasing the number of training hours to 12, setting a training deadline, and updating the training material to include fiscal management and IDEA. County board members can attend additional training if approved by the State Superintendent.

House Bill 2516 repeals antiquated and inoperative sections of the education code, including Vision 2020, provisions related to Cedar Lakes, which is now within the Department of Agriculture, college and career readiness, statewide textbooks, and instructional material – now handled at the county level, School Innovation Zone Act, and obsolete language relating to vo-tech education.

House Bill 2528 allows athletic teams in nonpublic schools that have played at least two public schools during the regular season to be eligible to participate in county tournaments at the end of the season.

House Bill 2548 requires the State Superintendent to report annually to the Legislative Oversight Commission on Education Accountability on implementing state board rules in each county school district. If a county school board violates the rules, the State Superintendent will provide an implementation plan. School aid funding can be withheld if the county continues to violate the rules.

House Bill 2575 requires the Department of Health to employ a full-time dementia service director. The director must coordinate the implementation of the State Alzheimer’s Disease and Other Dementia Plan, evaluate dementia services available in the state, identify duplicative services and grant opportunities, promote dementia awareness, collect data, and compile reports.

House Bill 2576, the NIL Act, protects rights, responsibilities, authorities, and limitations relating to the name, image, and likeness of an individual who participates as a student-athlete in an institution of higher education. The bill puts guardrails in to protect institutions and students. Student-athletes can be compensated for using their name, image, or likeness. The bill does prohibit student-athletes from endorsing certain items.

House Bill 2595, the Nonprofit Athletics Act, allows for higher education institutions to enter a contract with a private corporation for operational, economic, fiscal, and educational development activities. The nonprofit would be controlled by a board that primarily does administrative work and assists with students contracting with other businesses for sponsorships.

House Bill 2678 allows private schools to request a Division of Highways designation of a school zone.

House Bill 2695 allows Raleigh County to levy a special district excise tax to benefit the Raleigh County Economic Opportunity Development District. A developer will come in and do a master development plan. A CPA will make financial projections on what sales taxes will be. Then, the sales taxes will stay in the district to pay off bonds. It’s a way to incentivize developers to come into the area. There is no fiscal note; the bill asks the state to allow the county to use the taxes collected in the district. The model would be based on The Highlands in Ohio County.

House Bill 2709 allows a voter with a change of address within the same county to vote in their new precinct without having to cast a provisional ballot. The bill provides that the vote must be cast during the early, in-person voting period, and the voter must show proof of a new address.  The county clerk must complete the change of address in the statewide voter registration system before canvassing.

House Bill 2711 repeals the common law rule against perpetuities by prospectively extending its application to all trusts to 1,000 years and modernizing West Virginia trust law.

House Bill 2718 creates the State Advisory Council on Establishing a Military College to study the viability and potential benefits of creating a four-year college in West Virginia modeled after one of the six senior military colleges.

House Bill 2742 removes obsolete language and creates a certificate of public necessity waiver for projects reviewed and approved by the Infrastructure and Jobs Development Council.

House Bill 2752 allows motorcyclists to stand when needed while riding a motorcycle.

House Bill 2755 requires the Board of Education to submit all legislative rules to LOCEA and the Legislative for review, approval, amendment, or rejection.

House Bill 2761 increases the jurisdiction limits of magistrate courts for claims less than or equal to $20,000.00 and clarifies that corporate parties may appear pro se by an agent or by an attorney, provided the corporate party is attempting to vindicate its claims rather than those of a third party.

House Bill 2773 approves rules proposed by the Higher Education Policy Commission regarding the Accountability System, the Underwood-Smith Teaching Scholars, and the Teacher Loan Repayment Program. The bill also authorizes a rule proposed by the Council for Community and Technical College Education regarding Employing and Evaluating Presidents.

House Bill 2797 expands the number of professionals who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers’ compensation. The bill allows licensed psychiatrists or psychologists, as well as certified mental health nurse practitioners, who have a master’s degree or higher or hold a terminal license in their profession.

2025 Completed Legislation: Part 9

House Bill 2123 prohibits cameras in the bedrooms or bathrooms of foster homes. The bill allows for a few exceptions. Baby monitors are allowed when age-appropriate or the child has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Medical equipment with or without cameras is allowed for a child who has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Any exempted equipment must be in clear view, not hidden.

House Bill 2129 creates the Parents Bill of Rights, which prohibits the state and state entities from infringing on a parent’s fundamental right to direct a child’s upbringing, education, health care, and mental health.

House Bill 2152 requires state agencies to pay vendor invoices within 45 days of a legitimate payment claim. If the agency fails to pay the claim within the requisite 45 days, it must report that failure to the State Auditor. Additionally, any vendor or grantee who does not receive payment within the requisite 45 days may report that violation to the State Auditor. The State Auditor is required to publish a bad actor list that is updated at least monthly.

House Bill 2157 requires that the Commissioner of the Division of Motor Vehicles allow the purchase online of one-movement stickers, which will enable the transportation of a vehicle over public roads without registration. The sticker is valid for 96 hours from the time of issuance. As to the online sticker, the fee may be remitted to the division electronically, and the division may provide the sticker in an electronic format. The bill adds that a one-movement sticker may not be used as evidence of vehicle ownership.

House Bill 2164 requires the Director of the Division of Protective Services, along with the Law Enforcement Professional Standards Subcommittee of the Governor’s Committee on Crime, Delinquency and Correction, to establish minimum recommendations for training for employment, job-entry, and in-service training curricula, and provide written certification, for school safety officers. The bill allows public and private schools to employ school safety officers. SSOs are former law enforcement officers who maintain order and discipline, prevent crime, investigate violations of the policies, and reasonably detain any individual committing an offense that constitutes a breach of the peace. The bill does not give SSO arresting authority. They are expected to undergo training and are authorized to carry a firearm. The bill also includes the WV Guardian Program, which allows former law enforcement to contract independently with county boards of education to provide safety/security on school grounds.

House Bill 2165 allows disabled veterans and veterans who received the Purple Heart to park free at metered parking spaces in any municipality in the state. To be eligible, the appropriate designation must appear on the person’s registration plate, demonstrating that the person is a disabled veteran or awarded the Purple Heart.

House Bill 2167 allows public charter schools to charge “less than full-time” tuition as part-time Hope Scholarship enrollment and participation in activities. When a student withdraws from a public charter school and enrolls in a public school district or another public charter school, home school, private school, etc., the receiving school tracks the student for all purposes. The school the child withdrew from must notify the attendance director. The bill requires teachers to receive training to be a proctor for assessments.

House Bill 2172 adds a certified athletic trainer to the Board of Physical Therapy, bringing the board to an even number. In a tie, the chair will vote a second time.

House Bill 2217 increases the penalties for conspiracy to commit certain crimes. Any person who conspires to commit a felony crime against a person or a felony where the victim is a child faces imprisonment in a corrections facility for three to 15 years. The bill clarifies felony crimes of kidnapping, arson, and sexual assault.

House Bill 2222 is a “Rules Bundle.” It authorizes the Department of Administration to create 10 rules relating to the Department as a whole or the following divisions: the Information Services & Communications Division, the Finance Division, the Office of Technology, and Public Defender Services.

House Bill 2233 is a rule bundle for the Department of Environmental Protection, creating nine rules.

House Bill 2267 is a rules bundle for the Department of Revenue. The rules in the bundle affect the Alcohol Beverage Control Commission, the Insurance Commission, the Lottery Commission, and the Tax Commission.

House Bill 2331 is a rules bundle. It authorizes the Office of Miners’ Health, Safety, and Training to create legislative rules for training EMT-Miners and certifying EMT-M instructors. The bill also extends various sunset dates for the Division of Natural Resources.

House Bill 2344 includes maintenance vehicles in the “slow down and move over” rule. When a maintenance or stationary vehicle is on the shoulder of the road, drivers should slow down and move to the left on multilane roads.

House Bill 2347 permits the Supreme Court of Appeals to create mental hygiene regions and restructure the involuntary commitment process.

House Bill 2351 increases the compensation for panel attorneys to $90 for in-court work and $70 for out-of-court work.

House Bill 2354 bans the following additives and dyes from food sold in West Virginia: butylated hydroxyanisole, propylparaben, Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6. The amendment requires schools to stop providing lunches with these additives beginning in August of 2025. Schools may sell products with these additives only if the event is not on school property and at least 30 minutes after dismissal.

House Bill 2358 requires autopsies to be conducted within 72 hours of the request being received by the Office of the Chief Medical Examiner. The bill also requires a report to be submitted within 24 hours of autopsy completion.

House Bill 2360 clarifies that crimes against law enforcement officers included pre-certified officers, those still in training, and chief executives such as sheriffs. The Senate amended the bill to add any person hired, elected, appointed, or otherwise authorized to engage in or supervise the prevention, detection, or investigation of the criminal laws of this state.

House Bill 2387 repeals the class A1 Pistol stamp for hunting.

House Bill 2397 prevents immediate family members from acting in a fiduciary capacity for the same governmental authority.

House Bill 2399 changes the managed timberland certification requirements to every five years for tax assessment purposes and grants the Division of Forestry rulemaking authority.

House Bill 2402 requires parents and guardians to have access to the child’s health records unless otherwise ordered by a court.

House Bill 2411 adds a computer science requirement for graduation for high school students in West Virginia.

House Bill 2434, the Stop Squatters Act, provides a remedy for removing unauthorized persons from residential and commercial real estate. The bill establishes offenses and penalties for intentional property damage by a person in unlawful possession, providing false documents to convey real property, or attempting to sell or rent without title.

House Bill 2441 makes anyone who fails a drug test ineligible for unemployment benefits. The individual would remain disqualified until they have worked at least 30 days in another covered employment position.

House Bill 2444 limits the records that the West Virginia Lottery Commission can examine to those directly related to the limited lottery business under the permittee’s control. Currently, the permittee is required to provide all accounts, bank accounts, financial statements, and records in the permittee’s possession, regardless of whether they are related to the LVL business.

House Bill 2451 allows the use of a residential dwelling for a home-based business, a business that manufactures, provides, or sells goods or services and is owned and operated by the owner or tenant of a residential dwelling. The bill also creates the Small Business Protection Act.

House Bill 2479 reduces the minimum number of members of county development authorities from twelve to seven. The bill’s purpose is to make it easier to attain a quorum for counties and municipalities with smaller populations.

House Bill 2484 provides paid municipal fire departments must provide a probationary period of one year to all appointees. This bill clarifies a code conflict where one section said one year and another said six months.

2025 Completed Legislation: Part 8

House Bill 2002 creates a one-stop shop for permits relating to construction, economic development, infrastructure, and natural resources.

House Bill 2003 prohibits students from having cell phones in the classroom and requires the state board of education to create rules to implement the prohibition. Exceptions are made for students who need cell phones for ADA, IEPS, or any medical needs. The state board will set guidelines for counties as a baseline for their cell phone policies.

House Bill 2008 moves the Department of Economic Development under the Department of Commerce as a division. The current cabinet-level Secretary of the Department of Economic Development position would become Executive Director, which is beneath the Cabinet Secretary of Commerce.

House Bill 2009 eliminates the Department of Arts, Culture, and History and transfers its divisions, boards, and agencies to the Department of Tourism.

House Bill 2011 authorizes the Department of Human Services for Medical Services to spend $223,000,000 of special revenue.

House Bill 2013 states that as of July 1, 2025, all new hires within the Bureau of Senior Services and the Departments of Administration, Environmental Protection, Revenue, and Veterans’ Assistance, as well as any employee within those governmental entities that leaves his or her position, will be exempt from the classified civil service system and the state grievance procedures. The bill states the chief administrative officer of these governmental units shall have the authority to designate certain employees’ status under the classified civil service system and grievance procedures as necessary to comply with federal law, federal regulation, or the requirements for receipt of federal funding or assistance.

House Bill 2014 creates a Certified Microgrid Program in the Division of Economic Development to attract high-impact data centers to the state and localized power generation for microgrids. The amendment alters how the taxes collected would be distributed:

  • 50 percent to the Personal Income Tax Reduction Fund
  • 30 percent of the county where the Data Center is located
  • 10 percent to all counties on a per capita basis
  • 5 percent to the Economic Enhancement Grant Fund administered by the Water Development Authority
  • 5 percent to the Electric Grid Stabilization and Security Fund

House Bill 2024 updates terms used in the West Virginia Personal Income Tax Act to match federal terms.

House Bill 2025 updates terms used in the Corporation Net Income Tax Act to match federal terms.

House Bill 2026, Budget Bill, allocates money collected to various state entities. The 2026 budget has a general revenue of $5,317,557,000 with a surplus of $210,250,000. The State Road Fund is $2,129,082,658, while “Other Funds” (special revenue) total $2,315,143,753. The Lottery Revenue Fund is $157,392,000, with a surplus of $16,750,000. The Excess Lottery Revenue is $335,008,512, with a surplus of $21,345,488. The expected Federal Funds total is $8,224,744,008, with Federal Block Grants totaling $730,395,275.  A $12,000,000 special revenue appropriation was made for various projects.

House Bill 2042 allows for a guardian ad litem to request a court-appointed special advocate for children in abuse and neglect cases.

House Bill 2043 permits the use of drones to track mortally wounded wildlife. The bill also limits dog handlers to one dog when tracking. Anyone using a dog or a drone not on their property must be licensed. Drones cannot be used on other properties without permission from the property owner.

House Bill 2053 adds U.S. Space Force to the definition of armed forces.

House Bill 2054 amends the code relating to the licensing, sale, and service of alcoholic beverages. The bill removes the cap on liquor samples provided at private fairs and festivals. The bill eliminates the requirement that all vendors agree to be jointly and severally liable for liability arising from a license to serve alcohol at private farmers’ markets or private food courts. The bill permits persons who have dined in an establishment to order and carry out a sealed craft cocktail or wine growler. The bill adds new special permits for some PODAs.

House Bill 2066 creates a felony offense for damaging, destroying, or stealing equipment first responders use in their duties.

House Bill 2067 aims to prevent firearms sellers and manufacturers from being subject to liability in a manner that contravenes the purpose of the PLCAA. To bring a negligent marketing claim against a manufacturer or seller, all the following conditions would have to be met:

  • The marketing practice directly targeted individuals who are legally prohibited from owning firearms.
  • The marketing practice encouraged or facilitated the unlawful use of firearms.
  • There is a direct and substantial proximate cause between the marketing practice and the plaintiff’s harm.
  • The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.

House Bill 2120 requires an Ethic Commission member to recuse themselves from any decision involving a candidate or campaign to which they made a financial contribution. The bill also requires the commission to develop and create an electronic lobbyist registration and reporting system available for public use on its website. The bill increases the number of reports lobbyists must file with the commission each year and requires grassroots campaigns to report advertising by outlet for expenditures of $5,000 or more.

House Bill 2121 authorizes disabled veterans’ widows to receive the absolute property tax exemption as long as they remain living on the property and remain unmarried.

2025 Completed Legislation: Part 7

Senate Bill 837 continues the State Equal Opportunity Coordinator position within the West Virginia Department of Administration, specifying detailed qualifications and responsibilities for the role. The coordinator must have extensive knowledge of key federal civil rights and non-discrimination laws, including the Americans with Disabilities Act, Civil Rights Act, and Equal Pay Act. The coordinator’s primary duties include advising state personnel on non-discrimination policies, assisting in developing rules for investigating discrimination complaints, consulting with state and federal agencies, training state employees on equal employment opportunities, representing the state on relevant committees, advising the Governor and agency heads on equal opportunity issues, consulting on hiring persons with disabilities, and inspecting state-owned or leased properties to ensure compliance with federal disability access laws.

Senate Bill 844 modifies West Virginia’s existing law regarding game farm licenses by specifically addressing non-native quail and partridge owned for agricultural purposes. Under the legislation, non-native quail and partridge will be exempt from game farm licensing requirements if they are being used for agricultural purposes, which are broadly defined as meat and egg production, propagation for such production, and sales related to meat and egg production. The bill clarifies that any quail or partridge intended to be released into the wild would not qualify for this exemption and would still require a game farm license.

Senate Bill 856 removes several reporting requirements for the West Virginia Insurance Commissioner and other state agencies, streamlining administrative processes across multiple areas of insurance and workers’ compensation regulation. Specifically, the bill eliminates reporting requirements related to workers’ compensation funds, occupational pneumoconiosis claims, employer safety initiatives, post-traumatic stress disorder claims, and medical malpractice insurance. The bill does require the Insurance Commissioner to post a flood insurance notification for public entities on the agency’s website. The legislation also repeals several sections of existing law that mandated these reports, effectively reducing bureaucratic paperwork and potentially simplifying administrative procedures for state agencies and insurance-related entities.

Senate Bill 861 updates the membership and composition of the Purchasing Card Advisory Committee by modifying references to state agency titles to reflect organizational changes, specifically the consolidation of the Information Services and Communications Division into the Office of Technology. Under the revised language, the Secretary of the Department of Administration will appoint one member from the Office of Technology (instead of the previous reference to the “I Office of Technology”), along with members from the Financial Accounting and Reporting Section and the Purchasing Division. The bill maintains the committee’s overall structure of 14 members, with the Auditor serving as chairperson and members appointed from various state agencies, including community and technical colleges, higher education institutions, the Department of Human Services, Division of Highways, Department of Revenue, and the State Treasurer’s office. The committee members will continue to serve one-year terms starting July 1 and receive reimbursement for expenses incurred while performing their committee duties.

Senate Bill 862 repeals antiquated sections of code that established the Voluntary Gilding the Dome Check-Off Program. The bill eliminates all legal language related to this voluntary program related to dome restoration and decoration.

Senate Bill 863 removes references to the Information Services and Communications Division of the Department of Administration.

Senate Bill 876 eliminates 19 specific reporting requirements for the West Virginia Tax Commissioner, effective January 1, 2025. These eliminated reports cover various tax-related topics, including tax credits (such as Manufacturing Investment, Economic Opportunity, and Commercial Patent Incentives), tax rebates, and property tax adjustments. The bill emphasizes that lawmakers often waste these reports, consume valuable state resources, and do not contribute meaningfully to policy decisions. While these specific reports will be discontinued, the bill does not prevent the Tax Commissioner from providing information, as they can still submit reports as part of the biennial report or tax expenditure reports or provide information they deem helpful or necessary.

Senate Bill 883 provides the Director of the West Virginia Office of Miners’ Health, Safety, and Training with expanded discretion and authority in appointing and managing various types of mine inspectors, including surface mine inspectors, mine safety instructors, electrical inspectors, and underground mine inspectors. The bill modifies existing regulations by giving the Director complete discretion in original appointments, including determining testing and qualification requirements. For each type of inspector, the Director must now report appointments and application information to the Board of Coal Mine Health and Safety, which will have access to all applications and may be present during applicant testing. The legislation also adjusts some age limit provisions. It introduces new rules about inspector tenure, such as removing a candidate’s name from the qualified register if they have been passed over for appointment for three years. Additionally, the bill transfers specific administrative responsibilities previously held by the Mine Inspectors’ Examining Board to the Office of Miners’ Health, Safety, and Training, including establishing application forms, conducting examinations, preparing candidate registers, and maintaining examination records.

Senate Bill 907 modifies the definition and funding mechanisms for high-impact development projects in West Virginia. The bill defines a high-impact development project as one where the Governor requests financial assistance of $50 million or more, the industrial development agency invests at least $50 million privately, and the project meets specific loan-per-job ratio criteria. The legislation allows the Economic Development Authority to consider regional and local economic factors when evaluating whether a project meets these criteria. The bill removes the previous $300 million cap on available funds and exempts up to $20 million annually from the high-impact development project definition. The Economic Development Project Fund can now be used flexibly to offer incentives for business formation, expansion, and site development. The bill also requires the authority to keep detailed records of fund transactions, undergo annual audits, and submit annual reports to the Joint Committee on Government and Finance and the Governor, detailing project-specific information such as outstanding financing, private investment, and job creation. The legislation aims to provide more strategic and adaptable economic development support for significant projects in West Virginia.

Senate Bill 912 modifies the statewide student growth assessment program in West Virginia for grades 3-8, requiring a more structured approach to student performance tracking. Specifically, the bill mandates that the assessment program include benchmark assessments in the first 30 days of the school year, repeated at mid-year, and a summary assessment at the end of the school year to determine student progression in reading and mathematics. The assessments are designed to align with academic standards and help evaluate students’ progress toward college and career readiness.

Senate Bill 914 modifies regulations for private, parochial, and church schools in West Virginia by replacing the previous requirement of 180 instructional days with a minimum of 900 instructional hours per school year. The bill maintains existing requirements for schools to maintain attendance and immunization records and to be subject to fire, health, and safety inspections. For standardized testing, schools must continue to administer nationally normed achievement tests at the same grade levels and subject areas as public schools, with the test published within the last 10 years. Schools that exclusively teach special education students or children with learning disabilities are offered alternative assessment methods, such as individual achievement tests or portfolio evaluations. Under the bill, schools must make their composite test results available to parents of current and prospective students upon request and to the State Superintendent of Education when requested. The bill also removes previous consequences for schools whose test results fall below the 40th percentile, effectively reducing punitive measures for lower-performing non-public schools.

Senate Bill 941 clarifies the authority of the West Virginia Department of Environmental Protection regarding dams owned or sponsored by local conservation districts. Specifically, the legislation establishes that any alterations, improvements, or agreements related to such dams will be subject solely to the Department of Environmental Protection’s authority. The bill explicitly states that this provision does not impact or alter state or federal funding to the West Virginia Conservation Agency. The change is part of a broader section of law defining the powers and duties of conservation districts and their supervisors, which include conducting research, demonstrating conservation methods, carrying out preventive measures, and cooperating with various government agencies.

Senate Bill 942 modifies regulations for diesel-powered equipment in underground coal mines in West Virginia. Currently, such equipment can only be used if approved, operated, and maintained according to specific rules and standards. The key change in this legislation allows diesel-powered equipment to be more easily moved between mines, both within and potentially across state lines, as long as the equipment meets the existing compliance requirements. Specifically, the bill permits miners to relocate diesel equipment from one mine to another and immediately put it into service, with the only requirement being that the Director is notified before the equipment is used.

2025 Completed Legislation: Part 6

Senate Bill 712 relates to retirement provisions across multiple public employee retirement systems in West Virginia, including the Public Employees Retirement System, Deputy Sheriffs’ Retirement System, Municipal Police and Firefighters Retirement System, State Police Retirement System, Emergency Medical Services Retirement System, Teachers Retirement System, Natural Resources Police Officers Retirement System, and Judges’ Retirement System. The bill makes several key changes: it defines terms like “bona fide separation from service upon retirement” and “participating public employer”; updates the definition of “active military duty” to include the United States Space Force; amends the definition of “required beginning date” to align with federal law; clarifies notification requirements when a retirant returns to work; adds the Emergency Medical Services Retirement System to the pick-up provisions for members’ contributions; modifies provisions for retired public safety officers to pay qualified health insurance premiums; clarifies recall provisions for retired judges; and provides technical clean-up of various retirement system provisions.

Senate Bill 715  establishes new confidentiality protections for personal information held by the Consolidated Public Retirement Board (CPRB), recognizing the heightened risks of fraud and identity theft. Specifically, the bill declares that all records maintained by the CPRB containing personally identifiable information about retirement system members, retirees, beneficiaries, or alternate payees are confidential and exempt from public disclosure under existing state freedom of information laws. The protected information includes, but is not limited to, sensitive details such as Social Security numbers, account numbers, birth dates, addresses, phone numbers, email addresses, medical information, and direct deposit data. While the information remains strictly confidential for general public access, the bill ensures that the individuals to whom the records pertain or persons they authorize can still access their own personal information.

Senate Bill 716  addresses the process for police officers and firefighters hired after July 1, 2015, to transfer from the Public Employees Retirement System (PERS) to the Municipal Police Officers and Firefighters Retirement System (MPOFRS). Municipalities can elect to include only officers and firefighters hired after July 1, 2015, in the new retirement system, with a deadline of July 1, 2025, to make this decision. When an eligible officer or firefighter chooses to transfer, they must pay a 4 percent contribution no later than June 30, 2027, calculated on their total transferred earnings with 7.5 percent interest. If they fail to make this payment, their service years will be transferred back to PERS by December 31, 2027, and previously transferred assets will be returned. The Consolidated Public Retirement Board will transfer the employee’s assets and service credits, calculating the transfer amount using a complex formula that considers the system’s funded percentage and market value. Once transferred, the employee is barred from receiving any PERS retirement benefits until they obtain new employment that would allow re-entry into the system. This creates a one-time, irrevocable transfer option for eligible municipal police and firefighters.

Senate Bill 722 creates the West Virginia Short Line Railroad Modernization Act, which establishes a tax credit program to support short-line railroads and related infrastructure in the state. The bill defines eligible taxpayers as Class II or Class III railroads or owners of rail sidings and industrial tracks in West Virginia. It provides two types of tax credits: a 50 percent credit for qualified railroad maintenance expenditures (limited to $5,000 multiplied by the number of track miles owned or operated) and a 50 percent credit for new rail infrastructure expenditures (capped at $2 million per project and $5 million annually). To claim the credits, eligible taxpayers must submit certificates or applications to the Tax Commissioner detailing their expenditures and track miles. The credits can be used against various state taxes, carried forward for up to five years, and even transferred to other taxpayers through a formal process. The bill requires the Tax Commissioner to submit a biennial review report to state leadership evaluating the program’s effectiveness, including metrics like the number of taxpayers claiming credits and total expenditures. The tax credit program will expire on July 1, 2030, unless the Legislature reenacts it.

Senate Bill 734 repeals the section of code which previously addressed the A. James Manchin Rehabilitation Environmental Action Plan’s procurement of recycled products. The legislation effectively removes this entire section of the law, eliminating the existing provisions related to recycled product procurement under this specific environmental action plan.

Senate Bill 736 updates the requirements for lobbyist information publication in West Virginia. It mandates that each registered lobbyist submit a recent photograph to the state Ethics Commission along with their employer’s name and a brief biographical description. The picture and related information must be published on the commission’s website in a format that allows for easy printing and electronic searching. The legislation specifies that the lobbyist can voluntarily expand the biographical information, but it is limited to 50 words.

Senate Bill 738 eliminates the Employee Suggestion Award Board. The legislation dissolves the board and removes its legal authorization to operate.

Senate Bill 746  amends existing West Virginia law to expand the State Board of Education’s ability to delegate its Medicaid provider status to public charter schools. The state board is responsible for becoming a Medicaid provider to seek out and provide services to Medicaid-eligible students. The bill clarifies that this provider status can be delegated to educational services cooperatives, county boards, and public charter schools. The legislation requires the State Board of Education to continue producing an annual report to the Legislature detailing Medicaid-related information, now explicitly including data from public charter schools. Additionally, the bill maintains the existing School Health Services Advisory Committee, which advises the Secretary of Human Services and State Superintendent on improving Medicaid service provision and reimbursement for school-based services.

Senate Bill 747 amends the West Virginia Real Estate License Act, changing real estate brokers’ business location requirements. Specifically, the bill creates an exception to the existing rule that requires all real estate brokers to maintain a definite place of business within the state. Under the new provision, nonresident brokers who already hold a definite place of business in their home jurisdiction will not be required to establish a separate office in West Virginia.

Senate Bill 765 establishes the Troops-to-Teachers Program in West Virginia to attract and recruit veterans of the armed forces to become public school teachers. The program will provide a pathway for honorably discharged military members to obtain a professional teaching certificate by meeting specific requirements, including holding at least a bachelor’s degree related to the teaching position, passing required subject matter and basic skills tests, and completing a criminal background check. Veterans will be given preference in hiring and will be exempt from additional teacher certification requirements beyond the basic qualifications. The legislation modifies existing education codes to create a dedicated route for military veterans to transition into teaching, recognizing their unique skills and experiences. The professional teaching certificate issued under this program will be valid for three years. It can be converted to a five-year certificate after a beginning teacher induction program is completed.

Senate Bill 794 modifies state code to authorize the Commissioner of the Division of Highways to design and place warning signs, specifically targeting signs advising travelers about road conditions such as unimproved or primitive roads. The legislation allows the Commissioner to create such signs with the important caveat that these signs must not jeopardize federal highway funding. The bill recommends that these warning signs urge travelers to use high-ground clearance four-wheel drive vehicles when navigating challenging road conditions.

Senate Bill 800  updates West Virginia’s insurance holding company system regulations to enhance financial oversight and transparency. The bill requires insurance companies, part of a holding company system, to file a group capital calculation annually, with specific exemptions for smaller or federally regulated insurers. The legislation mandates that insurers meeting specific criteria also file liquidity stress test results using the National Association of Insurance Commissioners (NAIC) framework. The bill gives the Insurance Commissioner expanded powers, requiring insurers in hazardous financial conditions to secure a deposit or bond for protection. It also clarifies that all records and data of an insurer held by an affiliate remain the insurer’s property and are subject to its control.

Additionally, the bill makes affiliates of domestic insurance companies subject to the Commissioner’s jurisdiction in supervision or receivership proceedings. It requires insurers to pay reasonable expenses related to supervisory college participation. The legislation also includes strict confidentiality provisions for sensitive financial information and prohibits the publication of potentially misleading comparisons of group capital calculations or liquidity stress test results.

Senate Bill 810 clarifies the requirements for certified registered nurse anesthetists (CRNAs) to administer anesthesia in West Virginia. The legislation defines “cooperation” as a team-based approach where CRNAs work alongside physicians, dentists, or podiatrists, with the medical care always directed by the physician or dentist. To be eligible to administer anesthesia, a CRNA must have a current registered nursing license and an advanced practice registered nurse license, complete a nationally accredited nurse anesthetist educational program, and hold current certification from a recognized national certifying body. The bill specifies that a dentist may only work with a CRNA if they hold a specific anesthesia permit, and the physician or dentist is not liable for the CRNA’s actions. Importantly, CRNAs do not have independent practice authority and may only use specific professional titles. The Board of Nursing must submit annual reports to the Legislature detailing any reported issues or treatment complications related to anesthesia administration by CRNAs, with the first report due by July 1, 2026.

Senate Bill 823 clarifies and separates the duties between the Division of Emergency Management (DEM) and the Department of Environmental Protection (DEP) by modifying reporting and investigative responsibilities for industrial facilities and well/pipeline emergency events. For industrial facilities, the bill requires that any emergency event (such as explosions, fires, or hazardous substance releases) be reported within 15 minutes to either the Mine and Industrial Accident Emergency Operations Center or local 9-1-1 center, with specific details about the incident. The DEP will now be responsible for investigating these events and can impose civil penalties of up to $100,000 for non-compliance, with all collected penalties deposited into the Hazardous Waste Emergency Response Fund. Similarly, the bill mandates reporting incidents within 15 minutes for well and pipeline operators and allows the DEP to impose civil administrative penalties between $2,500 and $50,000 for failure to provide timely notice.

Senate Bill 825 permits higher education institutions in West Virginia to enter into agreements with specific nonprofit organizations focused on economic development and job creation. The legislation allows state colleges and universities to collaborate with 501(c) tax-exempt, nonstock nonprofit corporations exclusively dedicated to economic development goals. Key provisions include allowing the institution’s president and appointees to potentially serve as voting corporate directors, exempting corporate director meetings from specific open meeting requirements, and allowing the corporation to be designated as the institution’s economic development entity. The bill’s legislative findings emphasize that such partnerships can enhance research opportunities, simplify research grant acquisition, and support the competitive positioning of higher education institutions. Additionally, the legislation aims to foster economic development by creating a flexible framework for colleges to engage with nonprofit entities, aiming to promote economic welfare and job creation in the state. The agreements between institutions and corporations can be structured under mutually agreed terms, providing significant latitude in how these economic development partnerships are formed and executed.

Senate Bill 828 clarifies and expands the definition of individuals who can be prosecuted for sexual offenses against incarcerated or supervised persons within the West Virginia correctional system. Specifically, the legislation explicitly includes contracted vendor staff who work at correctional or juvenile facilities subject to the same criminal penalties as direct employees of the Division of Corrections and Rehabilitation. Under this bill, any person working in such a facility who engages in sexual intercourse, sexual intrusion, or sexual contact with an incarcerated or supervised individual can be charged with a felony, facing potential fines of up to $5,000 and imprisonment in a state correctional facility for 1-5 years. The bill covers a range of professionals, including correctional staff, parole and probation officers, and alternative sentence program workers, and now explicitly includes contracted vendor personnel. This expansion ensures that all individuals with access to incarcerated or supervised persons are held to the same legal standards and can be prosecuted for sexual misconduct, regardless of their employment status or specific role within the correctional system.

Senate Bill 833 clarifies that pharmaceutical medications are excluded from the prior authorization “gold card” process for various West Virginia health insurance and healthcare organizations. The bill amends multiple sections of the state code to specify that while healthcare practitioners who consistently receive high prior authorization approval ratings can be exempted from the prior authorization process for most services, this exemption does not apply to pharmaceutical medications. Under the bill, health insurers, the Public Employees Insurance Agency, and health maintenance organizations must still require prior authorization for pharmaceutical drugs, even if a healthcare provider has achieved “gold card” status by demonstrating a 90 percent prior approval rating. The bill requires that these organizations maintain an electronic portal for prior authorization requests, respond to requests within specific timeframes, and provide clear communication about the status of prior authorization requests. The changes will take effect for policies and agreements beginning on or after January 1, 2024, and apply to all health insurance policies in the state after that date.

2025 Completed Legislation: Part 5

Senate Bill 581 amends West Virginia’s school attendance law to expand the definition of “excused absence” for students. Specifically, the bill allows students up to five annual college visits as an excused absence. It includes participation in specific student organizations like 4-H, FFA, SkillsUSA, Future Business Leaders of America (FBLA), and Health Occupations Students of America (HOSA) as valid reasons for excused absences. Students who participate in these sanctioned activities will be credited as present and not counted as absent. The bill requires that students make up any missed schoolwork and ensures that their class grades are not negatively impacted due to participation in these activities.

Additionally, students cannot be credited as present for these activities if they are currently suspended, expelled, or assigned to an alternative school program. The sanctioned organization must provide documentation proving the student’s participation, and the total number of excused absences for school-approved activities, college visits, and sanctioned organization activities cannot exceed 10 per school year. The bill also clarifies that these provisions do not interfere with the Every Student Succeeds Act, which does not differentiate between excused and unexcused absences.

Senate Bill 586 modifies the procedures for filling vacancies in various elected offices throughout West Virginia, establishing more stringent appointment requirements. Specifically, the bill prohibits appointing an individual to a vacant elected position unless that person has been a member of their registered political party for at least one year before the vacancy. For state and federal offices like the Governor, U.S. Congress, and state Legislature, the Governor must appoint replacements from a list of three qualified persons submitted by the relevant party executive committee. The bill also allows the Governor to appoint temporary acting officials for certain constitutional offices. It provides detailed procedures for filling vacancies in different types of positions, including judicial roles, county offices, and municipal elected positions. For magistrate positions, the bill introduces a new provision allowing circuit judges to fill vacancies or prospective vacancies due to upcoming resignations or retirements. It mandates that vacancies with unexpired terms longer than two years will be filled through a subsequent nonpartisan judicial election. The overall intent is to ensure that vacancy appointments maintain the political affiliation of the previous officeholder and provide a structured, consistent approach to filling unexpired terms across various levels of government.

Senate Bill 587 makes several significant changes to government contracting procedures in West Virginia. First, it increases the minimum competitive bid threshold for construction projects from $25,000 to $50,000 and establishes a 90-day bid validity period. The bill also clarifies contract negotiation procedures when bids exceed budgeted amounts, allowing for limited negotiations with the lowest qualified bidder. Most notably, the bill introduces the Government Construction Management At-Risk Contracts Act, which provides state and local government entities with the use of construction management at-risk contracts for large projects with an estimated total cost of $20 million or more. This new contracting method requires a two-step process involving a qualifications phase and a proposal phase, where firms are evaluated based on factors like financial resources, personnel capabilities, performance history, and other criteria. The evaluation will use a “best value” selection process that considers pricing and performance components. The bill mandates the creation of an evaluation committee, establishes detailed proposal requirements, and includes provisions for contract amendments and public record accessibility. The new contracting method is optional for government entities and will be in effect until July 1, 2030, with the Division of Purchasing required to report annually on its implementation and effectiveness.

Senate Bill 615 eliminates accelerated tax payment requirements for businesses in West Virginia across three different tax types: sales tax, use tax, and personal income tax withholding. Companies with average monthly tax payments exceeding $100,000 are required to make an additional, advanced tax payment of either the first 15 days of June’s tax liability or 50 percent of the previous month’s tax liability. This bill removes these accelerated payment provisions entirely, meaning affected businesses no longer need to make this extra tax payment in mid-June. Specifically, the bill amends sections of the West Virginia tax code related to sales tax (§11-15-16), use tax (§11-15A-10), and employer withholding tax (§11-21-74) to eliminate the accelerated payment requirements. This change provides cash flow relief for larger businesses by allowing them to maintain their standard monthly tax payment schedule without the additional mid-year prepayment.

Senate Bill 617  attempts to strengthen West Virginia’s laws against organized criminal activity by explicitly expanding the definition of criminal enterprises to include gangs. The legislation defines a “gang” as any organization of three or more people committing qualifying offenses and establishing new criminal penalties for gang-related activities. Specifically, the bill makes it a felony to knowingly become a member of a gang or organized criminal enterprise and assist in committing qualifying offenses, with potential punishments of up to 10 years in prison and/or a $25,000 fine. Additionally, the bill criminalizes recruiting or soliciting others to join a gang or participate in criminal activities, with penalties of up to 5 years in prison and/or a $10,000 fine. The legislation also includes provisions making it a felony to intimidate witnesses in gang-related prosecutions, punishable by up to 10 years in prison.

Senate Bill 621 updates West Virginia’s legal code to modernize court record keeping by explicitly authorizing digital record management. Specifically, it amends two sections of state law to clarify the duties of the Clerk of the Supreme Court of Appeals, requiring them to preserve both digital and physical court records during court sessions. The bill also modifies existing requirements for court order documentation, allowing orders to be kept digitally by the court clerk instead of exclusively in physical books. Additionally, the legislation removes the previous requirement that order books must be signed by a judge or presiding officer, which reflects the shift toward digital record-keeping. These changes are designed to provide more flexibility in court record management and acknowledge the increasing use of digital technologies in judicial administrative processes. The bill will take effect 90 days after its passage, giving courts and clerks time to implement the new digital record-keeping provisions.

Senate Bill 627 amends West Virginia law to allow the state’s director of natural resources to lease underground “pore spaces” (underground geological formations that can store carbon dioxide) in state-owned lands, including state forests, scenic areas, and wildlife management areas, with some significant restrictions. While the bill previously prohibited leasing pore spaces in state parks, it now permits such leasing with key safeguards: no surface disturbance will be allowed on state park property for drilling or injection activities, any well pad’s center must be at least 200 feet from a state park boundary (though the Secretary of Commerce can waive this requirement after evaluating potential impacts on the park’s viewshed, noise levels, and public enjoyment), and all lease proceeds must be exclusively used for improvements and maintenance in the specific lands where the pore space is located. The leasing process will involve competitive bidding, with bids advertised for at least 14 days, and the director can also directly award a lease if the Secretaries of Commerce and Economic Development certify it as part of an economic development project, ensuring the lease provides market-rate or higher royalties.

Senate Bill 650 modifies the regulations for teacher-pupil ratios and classroom support staff in West Virginia schools, specifically focusing on using full-time interventionists in early-grade classrooms. The bill clarifies that a full-time interventionist can be assigned to up to two classrooms to help satisfy staffing requirements, with a key exception: this does not apply to kindergarten and first-grade classrooms. For kindergarten and first grade, any assistant teacher, aide, paraprofessional, or interventionist must be assigned full-time to that specific classroom to meet the requirements. If a full-time interventionist is not available, a part-time interventionist can be used, but they can only be assigned to one classroom. The bill maintains existing classroom size limits (20 pupils for kindergarten and 25 for first through third grades). It provides flexibility for county school boards in staffing while ensuring that classroom support staff are adequately present to support student learning.

Senate Bill 652 expands cardiac arrest response requirements to elementary schools in West Virginia, mandating that all schools develop comprehensive cardiac emergency response plans that are venue-specific and practiced annually. The bill defines key terms like sudden cardiac arrest (when the heart unexpectedly stops beating) and automated external defibrillator (a portable device that can deliver an electric shock to restart the heart) and requires schools to create detailed plans for responding to cardiac emergencies both during athletic events and in other school settings. Schools must hold informational meetings before each athletic season about sudden cardiac arrest warning signs, and students cannot participate in athletic activities without submitting a signed form acknowledging a review of the school’s cardiac emergency response plan. The bill also requires coaches and athletic personnel to complete annual sudden cardiac arrest training, establishes protocols for student participation after fainting episodes, and mandates coordination with local emergency services. Additionally, the bill allows school boards to accept donations for automated external defibrillators and requires youth sports league teams using school grounds to follow similar emergency response guidelines.

Senate Bill 677 increases various fees related to securities registration and filing in West Virginia. Specifically, the bill modifies fees for broker-dealers, agents, investment advisers, and securities issuers across multiple state code sections. Key changes include raising the initial registration fees for broker-dealers to $300, agents to $70, investment advisers to $200, and investment adviser representatives to $75. The bill introduces a new $375 filing fee for Tier 2 Regulation A offerings for federal-covered securities, with a $200 renewal fee for subsequent 12-month periods. The bill also adjusts the annual sales report filing fee to one-eighth of one percent of the maximum offering price, with a minimum of $300 and a maximum of $1,800. Additionally, the bill maintains the State Auditor’s practice of setting up a special operating fund, which receives 25 percent of all fees collected, with any excess above that transferred to the General Revenue Fund.

Senate Bill 710  establishes comprehensive regulations for teledentistry practice in West Virginia, defining teledentistry as using telehealth technologies to provide dental services remotely. The bill requires providers to be licensed in the state, maintain professional liability insurance, and adhere to the same standard of care as in-person services. Providers must establish a bona fide patient relationship through an initial in-person examination and review of medical records, with limited exceptions for emergent care, public health programs, and initial orthodontic diagnoses. Before providing teledentistry services, providers must confirm patient identity, obtain informed consent, and verify the patient’s location. The West Virginia Board of Dentistry is tasked with developing rules for teledentistry practice, including standards for prescriptions, record-keeping, patient privacy, and collaboration between providers. Violations of these provisions can result in disciplinary action.

2025 Completed Legislation: Part 4

Senate Bill 522 clarifies the administrative dissolution procedure for limited liability companies (LLCs) in West Virginia by specifying the Secretary of State’s steps when dissolving an LLC. Under the bill, if the Secretary of State determines grounds for administrative dissolution exist, they must first send a certified mail notice to the LLC explaining the reasons for potential dissolution. The LLC then has 60 days to either correct the grounds for dissolution or demonstrate to the Secretary of State’s satisfaction that the grounds do not exist. If the LLC fails to do so, the Secretary of State will administratively dissolve the company by signing and filing a dissolution certificate, which will be electronically sent to the company if an email address is available. An administratively dissolved LLC can continue to exist but is limited to winding up its business affairs, liquidating its assets, and notifying creditors. The bill also explicitly states that administrative dissolution does not terminate the company’s agent for service of process.

Senate Bill 525 clarifies the administrative dissolution procedure for nonprofit corporations in West Virginia, specifying the steps the Secretary of State must take when dissolving a corporation for failing to meet specific legal requirements. Under the bill, if the Secretary of State identifies grounds for administrative dissolution, they must first send a certified mail notice to the corporation explaining the specific issues. The corporation then has 60 days to correct the identified problems or demonstrate that the grounds for dissolution exist. Suppose the corporation fails to address the issues within this timeframe. In that case, the Secretary of State can proceed with administrative dissolution by filing a certificate of dissolution and sending an electronic notice to the corporation if an email address is available. Importantly, even after administrative dissolution, the corporation continues to exist but can only conduct business necessary to wind down its operations, such as liquidating assets and notifying creditors. The bill also clarifies that administrative dissolution does not terminate the authority of the corporation’s registered agent, providing further procedural clarity for nonprofit organizations in the state.

Senate Bill 526 updates the scope of practice for licensed pharmacists in West Virginia, expanding their ability to prescribe certain drugs under specific conditions. Pharmacists will now be authorized to prescribe drugs that align with FDA-approved labeling, but only for limited conditions where they have taken a patient’s medication history. Specifically, they can prescribe medicines after conducting waived clinical tests for conditions like influenza, SARS-COV-2, and RSV or refill an expired epinephrine injection device prescription. The bill requires pharmacists to notify the patient’s primary care physician within 72 hours of conducting a test and prescribing medication. Prescriptions are restricted to a 30-day supply within six months, and if the prescription exceeds 10 days, the pharmacist must inform the primary care physician. If no primary care physician is identified, the pharmacist must attempt to refer the patient to one. The legislation does not allow pharmacists to prescribe controlled substances and maintains existing provisions about pharmacists’ other professional responsibilities, such as drug administration, patient counseling, and medication therapy management.

Senate Bill 531 amends West Virginia law to provide stronger legal protections for athletic officials and participants during sporting events by establishing clear definitions and penalties for assault and battery. The bill defines “athletic official” as anyone who enforces rules or supervises at a sports event, such as referees, umpires, coaches, and staff and defines “participant” as players or team members during a game. Under the new provisions, if someone commits assault against an athletic official or participant, they will be charged with a misdemeanor and face a fine between $250 and $500, plus jail time of 5-6 months. Battery against an athletic official or participant carries more severe penalties, including a $500-$1,000 fine and 10-12 months in jail. Additionally, county boards of education and higher education governing boards can ban convicted individuals from state school sports events for a minimum of 365 days, and anyone who refuses to leave such an event after receiving the written notification can be prosecuted for trespass.

Senate Bill 537 continues the West Virginia Mothers and Babies Pregnancy Support Program, which the Bureau administers for Public Health, and establishes guidelines for funding pregnancy help organizations. Under the program, eligible pregnancy help organizations can receive funding for various purposes, including capital expenditures, adding new services, meeting licensing and accreditation requirements, and staff and volunteer training. The bill explicitly prohibits abortion industry organizations from receiving program funds. The funding will be distributed through a fee-per-service arrangement, with specific fees and hours to be determined by the managing agency. The program aims to support organizations that provide pregnancy-related services, focusing on helping mothers and babies while maintaining strict guidelines about which types of organizations can receive state funding.

Senate Bill 538 permanently removes the sunset date on provisions that allow land reuse agencies and municipal land banks to purchase specific tax-delinquent properties before they are offered at public auction. The bill expands the criteria for these entities to acquire tax-delinquent properties, which include properties valued at $50,000 or less, properties with municipal liens exceeding back taxes, properties on a vacant property registry for 24 months or more, properties previously sold at tax sales without redemption, or condemned properties. When a land reuse agency or municipal land bank acquires such a property, they must notify adjacent property owners within 15 days and provide them 120 days to express interest in purchasing the property at the agency’s acquisition cost. The agency can refuse to sell to an adjacent property owner if they meet specific disqualifying criteria. Additionally, these entities must submit an annual report to the West Virginia Land Stewardship Corporation detailing their activities, and the Joint Committee on Government and Finance is granted the power to audit these activities. It can subpoena the land reuse agencies or municipal land banks.

Senate Bill 561 introduces the Uniform Special Deposits Act, which establishes a comprehensive legal framework for a new type of bank deposit arrangement called a “special deposit.” A special deposit is a specific type that must involve at least two beneficiaries, be for a permissible purpose (such as escrow, security deposits, or distribution of funds), and be subject to a contingency. The bill defines key terms and provides detailed rules about how these special deposits can be created, managed, and terminated. Neither the depositor nor the beneficiary has a property interest in the special deposit itself, and the bank does not have a fiduciary duty. The legislation limits a bank’s liability, prevents most creditor claims against the special deposit, and prohibits most forms of recoupment or set-off by the bank. Unless specified in the account agreement, a special deposit automatically terminates after five years. The remaining balance is returned to the depositor if the beneficiary cannot be located.

Senate Bill 565 expands the scope of practice for optometrists in West Virginia by establishing a comprehensive framework for laser procedure certification and updating existing regulations. The legislation defines new terms, creates a certification process for optometrists to perform specific laser procedures, and outlines detailed education, training, and treatment guidelines requirements. Specifically, certified optometrists will be able to perform three primary laser procedures: posterior capsulotomy (treating clouding after cataract surgery), peripheral iridotomy (addressing angle-closure glaucoma), and selective laser trabeculoplasty (reducing intraocular pressure). To obtain certification, optometrists must complete a rigorous training program involving supervised procedures, demonstrate clinical proficiency, and meet educational requirements. The bill mandates that certified optometrists follow strict safety guidelines, report adverse outcomes, and adhere to established medical standards. The legislation prohibits optometrists from performing laser procedures on pediatric patients and limits their practice to board-approved treatments. The bill also updates the board’s rule-making authority, expands the drug formulary optometrists can prescribe, and exempts these new laser procedures from specific administrative review requirements.

Senate Bill 573 prohibits state agencies and political subdivisions in West Virginia from restricting motor vehicle use, purchase, or sale based on their energy or power source. The legislation broadly defines “motor vehicle” to include self-propelled transportation devices like farm tractors and implements of husbandry but excludes electric bicycles. The bill applies specifically to the use of vehicles on publicly maintained rights-of-way. It does not prevent state agencies or political subdivisions from establishing internal rules or policies regarding vehicle use, purchase, or sale.

Senate Bill 576 authorizes fixed odds wagering on horse and dog racing in West Virginia, creating two new special revenue accounts in the state treasury to support racing purses. The bill establishes detailed rules for how fixed odds wagering will be conducted, including the fact that it can only be done by licensed operators and must comply with existing interstate racing regulations. For horse and dog racing, 10 percent of the adjusted gross wagering receipts will be collected, with 25 percent of those funds going into a new Purse Supplement Fund and 25 percent distributed equally among licensed racetracks. The funds can be used to support racetrack operations and capital improvements. The bill also prohibits specific individuals from placing wagers, specifically racing officials, owners, trainers, jockeys, and employees participating in the race on which they want to bet. The West Virginia Lottery Commission will regulate these new wagering activities, including developing rules for the acceptance of wagers, protection of patrons, and responsible gaming practices.