Thursday, June 26, 2025
Thursday, June 26, 2025
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Interim Report: Joint Committee on Finance

Lawmakers heard a report Monday morning regarding fiscal year 2025 budget matters from Peter Shirley, deputy secretary for the state Department of Revenue, during the second day of June interim meetings at Stonewall Resort State Park in Lewis County.

As of the end of May, fiscal year-to-date tax collections for the general revenue budget of $4.9 billion were 5 percent more than the $4.7 billion revenue estimate, leaving West Virginia with $236.9 million in surplus tax collections before fiscal year 2025 ends on June 30. Much of that surplus has already been appropriated.

Shirley said the state anticipates some significant budget pressures in the coming years, including increased costs associated with the Public Employees Insurance Agency (PEIA) and monetary support for the Hope Scholarship program, which aids students seeking education outside the public school system.

Shirley told lawmakers that state financial officials anticipate a $49 million cost increase for PEIA for fiscal year 2027 and a $56 million increase for fiscal year 2028.

“PEIA is obviously something that there’s a lot of discussions regarding a lot of work being done to try and think about the long term future of how we how we stabilize PEIA,” Shirley said.

The cost of the Hope Scholarship is expected to eventually balloon to as much as $300 million annually. The cost of the program in the proposed fiscal year 2026 budget is $110 million, up from $45 million in the current fiscal year. Shirley said the cost is likely to go up up by an additional $190 million in fiscal year 2027.

The scholarship amount for each student is expected to be $5,267.38 for the 2025-2026 school year. Shirley said the cost to the state is a mathematical problem of how many students opt in to the program for the coming year.

“Hopefully, we’ll be able to refine those numbers in the not-too-distant future now that we’ll soon know what the actual enrollment, at least to receive a full-year scholarship, will be going forward,” Shirley said.

Changes at the federal level also are likely to affect state finances, according to Shirley. Those include proposed changes to the federal tax code as well as changes to provider taxes and changes to Medicaid and the Supplemental Nutrition Assistance Program.

Interim Report: Joint Judiciary Committee

The Joint Judiciary Committee heard a presentation from the Department of Commerce on state vs. local broadband preemption. Preemption is the ability of one party to purchase a service before another.

The federal government has preemption over most things, but the state can modify and change powers granted by general law. West Virginia does not have a law that would prevent or preempt local government ownership of networks; general revenue could be used to purchase networks. There are several federal programs for broadband expansion. The Office of Broadband views itself as a tool for the private sector to use in assistance but not as a competitor to the public sector.

West Virginia Code Chapter 31G – Broadband Enhancement and Expansion Policies was discussed briefly. The state has preemption laws pertaining to installation.

Alabama, Montana, Pennsylvania, South Carolina, and Texas with regulations and/or fees. Some states have removed preemption laws to allow for broadband expansion.

The Department of Commerce is neutral on the subject.

Interim Report: Joint Committee on Education

The Joint Committee on Education attended a presentation today at West Virginia Wesleyan for the start of June’s Traveling Interim Meetings. The presentation was about the Allied Health Programs the school offers.

Wesleyan enrolled 1,055 students in Fall 2024 from 32 states and 24 countries. Fifty-three of the 55 counties are represented in the student population. In the nursing program, 97 percent of the students are West Virginians, 86 percent of counseling students are West Virginians, and 37 percent of athletic training students are West Virginians.

The presenters stated that nursing, biology, exercise science, business, and criminal justice are Wesleyan’s top five undergraduate majors.

Wesleyan offers a Bachelor of Science in Nursing. The school is beginning a licensed practical nurse to a Bachelor of Science in Nursing in the Fall of 2025. More insurance providers want four-year nurses working with patients. The program is a hybrid course with online studies, hands-on labs at the previous Alderson-Broaddus Campus, now Battler’s Knob, and clinicals at area hospitals. Thirty LPNs have contacted the program before applications have opened. The announcement will come tomorrow. The LPN to BSN program is meant to help meet the increasing need for nurses in the state.

The school is partnering with Bethany College in 2026 to provide a BSN program through a virtual live stream. In 2025, the school will begin its school nurse certification program to allow registered nurses to get a certification to practice in public schools. Wesleyan offers a Master of Science in Nursing, which is a BSN to MSN program, and a Master of Science in Nursing for Family Nurse Practitioners. Additionally, the school offers a Doctorate in Nurse Practice.

Wesleyan was awarded the WVHEPC Nursing Workforce Expansion Grant. In year one, $1 million was awarded to update equipment, hire administration, retain staff, and help students with funding. In year two, $1.3 million was awarded and used to develop the LPN to BSN program. In year three, $1.5 million was awarded to implement the LPN to BSN program, which included new simulation equipment at Battler’s Knob, faculty training, and online support for pre-nursing students.

The Physician’s Assistant Program works to deliver healthcare to rural communities, as these areas may be isolated, have an aging population, have transportation difficulties, finance issues, and a shortage of physicians. Wesleyan wants to meet the state’s physician’s assistant needs. There are five physician’s assistant programs in the state; however, there are currently none between Morgantown and Charleston. Nationally, 21,000 P.A. applications are not accepted due to capacity limits.

West Virginia is ranked as one of the highest states with chronic diseases and spends more per capita than the national average. P.A.s can make quality healthcare more accessible and affordable.

The Master of Arts in Counseling provides five eight-week sessions per year. The program has full and part-time options with small cohorts. The specializations offered for the M.A. in Counseling are Clinical Mental Health Counseling and Addiction Counseling. It’s a hybrid model with online courses and on-campus weekend-long residency experiences in August. Wesleyan is working to start an Addiction Counseling Certificate, which will help train more individuals to battle addiction in the state. Currently, the state does not have a license for Addiction Counseling. The recommended ratio for counseling providers to substance use patients is 100 providers to 1,000 patients or a 1:10 ratio. Currently, West Virginia’s ratio is 1:796. No one program can do this alone, so the hope is other schools will begin to offer similar programs. The City of Buckhannon is voting in a couple of weeks to decide if some opioid abatement funds will be used for scholarships for students in the M.A. in Addiction Counseling.

The school offers two pathways to earning a Master of Arts in Athletic Training. The first is a five-year dual program with a B.S. in Exercise Science and an M.A. in Athletic Training. The second is the two-year Master’s Program in Athletic Training. The program offers hands-on training labs and requires 1,000 clinical hours. Athletic trainers are in demand in high schools and colleges.

Another Wesleyan program is the Executive Master of the Art for Business Administration, which began in 2024 and is tailored to working professionals. It is an online program with limited residences. The program offers four concentrations: healthcare administration, leadership, non-profit management, and HR management.

The meeting concluded with a driving tour of Wesleyan and a tour of the labs at Battler’s Knob.

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.