Friday, May 16, 2025
Friday, May 16, 2025
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2025 Completed Legislation: Part 3

Senate Bill 443 authorizes the West Virginia Board of Examiners for Speech-Language Pathology and Audiology to conduct state and national criminal background checks on applicants seeking an initial compact privilege to practice in a remote state, which includes speech-language pathologists, audiologists, and their assistants. Applicants must submit fingerprints and authorize the board, West Virginia State Police, and Federal Bureau of Investigation to use their submitted records for screening purposes. The background check results will remain confidential and cannot be released to private entities except to the individual subject to the check, with their written authorization, or through a court order. These criminal history records will not be considered public records. Applicants must complete the background check promptly after their initial application and are responsible for paying all associated costs. The board is also granted the authority to propose rules or emergency rules to implement these new background check requirements.

Senate Bill 449 permits the use of air rifles and rimfire rifles for school shooting teams in West Virginia. The legislation allows these specific types of rifles to be transported on school buses, kept on school grounds, and used at school-sponsored shooting team events in areas owned or controlled by educational authorities. The bill requires that when not in active use during team events or practices, these rifles and their ammunition must be locked in a location inaccessible to students. The rifles must be stored in a locked case in a specific location determined by state or county transportation directors on school buses. The bill recognizes the growing popularity of air and rimfire rifle teams. It aims to provide clear legal guidelines for their operation in schools, addressing previous uncertainties about the legality of such weapons on school premises.

Senate Bill 456 defines biological sex and establishes guidelines for sex-based spaces and data collection in West Virginia, specifically focusing on maintaining separate facilities for males and females in contexts like domestic violence shelters, public schools, higher education institutions, and correctional facilities. The bill defines “woman” as an adult human female and “man” as an adult human male, basing these definitions strictly on biological reproductive capabilities present at birth, with a specific emphasis on protecting women’s privacy and safety in single-sex spaces. The legislation establishes that sex is determined at birth and recognizes only two biological sexes while allowing reasonable accommodations for individuals who cannot use sex-designated spaces, typically through single-occupancy alternatives. The legislation requires public institutions to collect sex-based data accurately, citing the importance of understanding biological differences for addressing potential discrimination or health trends. The bill includes exceptions for emergencies, medical assistance, and authorized personnel to enter sex-designated spaces and explicitly states that it does not authorize invasive examinations of minors to determine biological sex.

Senate Bill 458 establishes a Universal Professional and Occupational Licensing Act that requires West Virginia licensing boards to issue professional or occupational licenses to individuals who are either new state residents or spouses of active-duty military members stationed in West Virginia, provided they meet specific criteria. To qualify, applicants must hold a current, good-standing professional license from another state in the same discipline, have been licensed in a state with minimum education and experience requirements, have passed previous examinations, never had a license revoked or surrendered while under investigation, have no unresolved disciplinary actions, pay applicable fees, and pass a background check. The law applies to most professional licensing boards but excludes legal licensing and boards under direct federal oversight. Applicants may be required to pass a state-specific law examination, and the license is valid only in West Virginia and does not grant interstate compact privileges. Starting July 1, 2025, licensing boards must track and report quarterly information about license applications to the Department of Commerce and legislative committees.

Senate Bill 459 modifies requirements for membership on municipal, county, and multi-county planning commissions in West Virginia, establishing strict residency and qualification standards. Specifically, the bill mandates that planning commission members must be West Virginia residents for three continuous years before appointment and residents of the specific county or municipality where they will serve for at least one year immediately preceding their appointment.  The bill prohibits members not meeting these residency requirements from being grandfathered in or remaining on their respective planning commissions, ensuring that at least three-fifths of commission members have been long-term residents. The legislation also preserves existing provisions allowing individuals with potential business conflicts to serve on planning commissions, provided they recuse themselves from specific votes or discussions related to their business interests. Furthermore, the bill allows an individual to serve on multiple types of planning commissions simultaneously. It maintains provisions for member compensation (reimbursement of expenses) and potential removal for inactivity or misconduct.

Senate Bill 462 changes the West Virginia Occupational Therapy Board’s authority by requiring state and national criminal history record checks for professionals seeking compact privileges (a license to practice in multiple states). Specifically, applicants like occupational therapists and occupational therapy assistants must submit fingerprints and authorize the board, state police, and the Federal Bureau of Investigation to screen their criminal records. The criminal history check results will remain confidential and can only be released to the subject of the check, with their written authorization, or by court order. Applicants will be responsible for paying the fingerprinting and background check costs. The bill also repeals an existing section related to special volunteer occupational therapist licenses and civil immunity. The board is authorized to propose rules for implementing these new requirements, with such regulations to be submitted for legislative review during the 2026 legislative session.

Senate Bill 464 creates a special license plate for recipients of the Distinguished Medal of Valor, an award given to firefighters, law enforcement officers, and emergency medical services personnel who have shown exceptional bravery and heroism beyond the call of duty. The bill allows Medal of Valor recipients or their surviving spouses to apply for special registration plates for any Class A vehicle they own, with the plate’s design to be determined by the Division of Motor Vehicles. These special plates will be exempt from standard registration fees, and recipients can obtain a second plate for a one-time fee of $10. A surviving spouse may continue using the special plate until they die, remarry, or fail to renew it. The applicant must provide satisfactory proof of their Medal of Valor status, as determined by the commissioner.

Senate Bill 474 eliminates diversity, equity, and inclusion (DEI) programs across West Virginia’s executive branch, primary and secondary schools, and higher education institutions. The bill defines DEI broadly as any efforts to influence hiring, provide special benefits, or conduct training related to race, color, ethnicity, or national origin, with narrow exceptions for legal compliance. In primary and secondary education, schools are prohibited from teaching concepts that suggest any race or sex is superior, that individuals are inherently racist or oppressive, or that cause psychological distress based on race or sex. Higher education institutions are similarly restricted and forbidden from maintaining DEI offices or officers, requiring DEI statements, or giving preferential treatment based on diversity considerations. The bill requires institutions to report on compliance, with potential financial penalties for non-compliance. It mandates that any unexpended DEI-related funds be reallocated to merit scholarships or tuition reductions. Schools and universities must remain neutral on contested social justice concepts and cannot compel students or employees to affirm specific ideological positions about race, sex, or identity. The legislation includes complaint and appeals processes for students, parents, and employees who believe the law has been violated and explicitly protects specific academic discussions and free speech rights.

Senate Bill 485 provides a specific exemption for the Secretary of State from the competitive bidding process when purchasing critical election infrastructure technologies. The exemption applies to voter registration systems, voting systems, electronic poll books, election results reporting systems, and other technologies used in voter registration, maintenance, or election conduct, as defined under federal critical infrastructure protection law. While the Secretary of State is exempt from standard competitive bidding requirements for these specific purchases, they are still required to submit all related documents such as bids, quotes, specifications, contracts, change orders, and amendments to the Director of the Purchasing Division for public posting on the division’s website. However, the Secretary of State is not obligated to submit any documents or portions of documents that would be legally exempt from public disclosure under existing state freedom of information laws.

Senate Bill 486 clarifies the eligibility requirements for voting in West Virginia elections, detailing the conditions under which citizens can participate in federal, state, county, municipal, or special elections. To be eligible to vote, an individual must be registered at least 18 years old, a United States citizen, and a bona fide state, county, or municipality resident. The bill specifies that individuals who have been determined to be mentally incompetent by a circuit court are not eligible to vote, though they can be requalified upon official certification. Additionally, individuals convicted of treason, felonies, or election bribery are ineligible to vote until they have fully completed their sentence (including incarceration, parole, supervision, or probation) or have been pardoned. The legislation also clarifies that a person is considered ineligible to vote from the date of adjudication of a disqualifying crime, regardless of pending legal proceedings, but is not considered convicted if criminal proceedings are deferred without an adjudication of guilt.

Senate Bill 487  changes West Virginia’s voter roll management procedures to remove ineligible voters from active voter registration lists more efficiently. The bill reduces voting inactivity from four to two years, allowing counties to systematically purge voter rolls more frequently. The systematic purging program will continue to involve comparing voter registration data across counties and with other state agencies like the Division of Motor Vehicles and using United States Postal Service change of address information to identify potentially ineligible voters. County clerks will send confirmation notices when voters are identified as potentially having moved or become ineligible. If voters do not respond or update their registration by February 1 following the purging program, they will be designated as inactive in the statewide voter registration database. Inactive voters must affirm their current residence address when attempting to vote. The bill maintains the existing process of public inspection of voter list changes. It aims to ensure voter rolls remain accurate and up to date by removing registrations of individuals who may no longer be eligible to vote in the county.

Senate Bill 490 prohibits ranked-choice voting (RCV) in all elections within West Virginia, including local, state, and federal contests. The bill first defines ranked choice voting as a voting method where voters rank candidates in order of preference, with votes being transferred between candidates in multiple rounds until a candidate receives a majority or all positions are filled. Specifically, the legislation declares that no election office in the state—whether at the state, county, or local level—may use ranked-choice voting or instant runoff voting for any election or candidate nomination. The bill broadly defines “local government” to include municipalities, counties, school districts, special taxing districts, and other regional or local governmental units. Furthermore, the legislation renders any existing or future local ordinances that conflict with this prohibition automatically void, effectively ensuring a uniform, traditional voting method across West Virginia.

Senate Bill 492 updates the provisions governing political committee termination by removing outdated regulations related to committees that were terminated within three years of amendments made during the 2002 legislative session. Specifically, the bill clarifies the process for political committee termination, which involves filing a written request stating that the committee will no longer receive contributions or make disbursements and has no outstanding debts. The bill maintains the Secretary of State’s authority, in consultation with the State Election Commission, to establish procedures for determining political committee insolvency, managing the liquidation of assets to reduce outstanding debts, and ultimately terminating insolvent committees. When a political committee terminates, any excess funds can be transferred to another political committee established by the same candidate.

Senate Bill 496 amends the definition of “massage therapy” in West Virginia law to explicitly exclude energy work practitioners, including those who practice reiki, qigong, and sound healing, from the professional scope of massage therapy. The bill clarifies that massage therapy is a health care service involving scientific manipulation of soft tissue for therapeutic purposes like improving muscle tone and circulation, and it specifies that such therapy does not include energy work practices. Under the revised definition, reflexologists, energy work practitioners, and those performing services like reiki will no longer be considered massage therapists. They will not be regulated under the massage therapy licensure board. The bill maintains that massage therapy focuses on physical manipulation techniques to enhance health, reduce stress, improve circulation, aid muscle relaxation, increase range of motion, and relieve neuro-muscular pain.

Senate Bill 500 transfers the authority to audit volunteer fire departments to the West Virginia Legislative Auditor, establishing a comprehensive financial oversight mechanism. Under the new provisions, the Legislative Auditor must conduct financial reviews of each volunteer fire department at least once every five years, with the flexibility to perform additional audits if there are suspicions of financial misconduct. The audit’s scope covers all department income sources, assets, liabilities, and expenditures. Additionally, the Legislative Auditor is empowered to request the State Auditor to investigate any concerning or suspicious financial transactions, potentially leading to correction or prosecution. The bill also stipulates that the Legislative Auditor will develop internal policies to ensure that their office can cover audit costs, minimizing the financial burden on the volunteer fire departments.

2025 Completed Legislation: Part 2

Senate Bill 225 expands the law-enforcement powers of National Park Service (NPS) rangers. Currently, federal law enforcement officers have limited authority to enforce state laws, typically only when requested by local law enforcement or when a felony is committed in their presence. The bill adds a new provision that grants NPS law enforcement commissioned rangers the power to arrest, search, and seize evidence for any offense committed within national parks, national recreation areas, or on any real property included in the National Park System.

Senate Bill 240 updates West Virginia’s laws regarding sexual extortion by creating new criminal offenses and penalties. The bill defines sexual extortion as knowingly threatening to disclose a “private image” (which includes sexually explicit nudity or sexual activity) to compel a victim to do something against their will, with the intent to obtain additional images, value, or other consideration. The bill establishes different criminal penalties based on the number of offenses, with first-time offenders facing 1-5 years in prison, second-time offenders facing 3-10 years, and third-time offenders facing 10-20 years. An additional category of “aggravated sexual extortion” is created with more severe penalties when the victim is a minor or vulnerable adult or if the victim suffers serious bodily injury or death as a result of the extortion. For minors who commit sexual extortion, the bill allows circuit courts to impose community supervision and behavioral health counseling. The legislation also expands the jurisdiction for prosecuting these offenses, allowing cases to be tried in the county where the threat was either made or received. By creating these specific offenses, the law aims to provide more explicit legal protections against the emerging form of digital harassment and extortion involving private images.

Senate Bill 257  protects the rights of private property owners when individuals seek access to cemeteries or grave sites on their land. The legislation establishes that authorized persons can access private cemeteries with reasonable notice (defined as written notice at least 10 days before the visit) for specific purposes such as visiting graves, maintaining the site, burying deceased persons, and conducting genealogical research. The property owner may designate the access route, but it is not required to improve it or make significant property modifications. The bill provides liability protection for property owners who act in good faith and reasonably when allowing cemetery access. Additionally, the legislation explicitly states that individuals conducting familial or social visits to a cemetery are personally liable for any damage they cause to the property, except for cases where the visitor is an agent of the property owner.

Senate Bill 267  extends the time for renewal and restoration of commercial driver’s licenses (CDLs) in West Virginia by modifying existing regulations. The bill clarifies that a person whose CDL has been downgraded solely due to an expired or invalid medical certification can have their license restored within five years without retaking initial licensing tests. Individuals with a CDL that has expired for three years or more must undergo the initial licensing process, including testing. The legislation provides more flexibility for commercial drivers whose medical certifications have lapsed, allowing them to more easily reinstate their licenses by providing a new, valid medical certification. This change helps professional drivers maintain their livelihood by reducing bureaucratic barriers to license renewal while ensuring that drivers meet necessary medical standards for commercial vehicle operations.

Senate Bill 270 amends West Virginia law to protect the rights of firearms owners and businesses during declared emergencies by declaring the sale, repair, maintenance, and manufacture of firearms, ammunition, and related accessories as essential businesses. The legislation prohibits state agencies, political subdivisions, and government officials from restricting lawful firearm possession, sale, transfer, or use during emergencies, including banning firearm sales, seizing firearms (with minimal exceptions), requiring firearm registration, suspending concealed carry permits, or closing firearms-related businesses. The bill extends the expiration of concealed carry permits that would expire during an emergency, giving license holders an additional 60 days after the emergency ends. The legislation also creates a legal mechanism for individuals to seek damages (up to $5,000 per violation) and other remedies if their firearms-related rights are infringed during an emergency, including the right to recover court costs, attorney’s fees, and have seized property returned. Narrow exceptions exist for specific scenarios like riot suppression or evidence collection.

Senate Bill 275 modifies an existing West Virginia law regarding employment requirements for school service personnel by removing the requirement that cooks and custodians must have a high school diploma or General Educational Development (GED) certificate to be employed by a county board of education. Currently, the law requires most new service personnel to have either a high school diploma or GED or be enrolled in an approved adult education course to obtain a GED, with some exceptions. This bill explicitly targets cooks and custodians, eliminating the educational prerequisite for these positions. The change applies to new hires and attempts to give county school boards more flexibility in recruiting and hiring service personnel for cooking and custodial positions.

Senate Bill 280 requires public elementary and secondary schools, as well as state institutions of higher education in West Virginia, to display the United States national motto, “In God We Trust,” in a conspicuous location within a common area of their main building, with the option to display it in other building common areas as well. The poster or framed copy must be at least 8.5 by 11 inches, include a centered representation of the United States flag, and contain no additional words, images, or information. Schools and institutions can only fund these displays through private donations, with no public funds permitted. The requirement applies to all public schools, including public charter schools.

Senate Bill 282 changes the legal framework for employing retired teachers and bus operators as substitute educators in areas experiencing critical teacher or bus operator shortages. The legislation allows retired educators receiving retirement benefits to work as substitutes for unlimited days in a fiscal year without losing their retirement benefits, provided certain conditions are met. These conditions include the county board adopting a specific policy addressing critical needs and shortages, ensuring that no non-retired, qualified educators are available for the position, and obtaining approval from the State Board of Education. Legislation requires county boards to continue posting vacant positions until they are filled by a fully certified regular employee, with postings only needed once at the beginning of the year and mid-year. Retired substitutes are considered temporary, part-time employees who do not receive additional benefits or accrue seniority. The provisions for former teachers and bus operators are set to expire on June 30, 2030, and the State Board of Education must report annually on the effectiveness of these provisions in addressing substitute teacher and bus operator shortages.

Senate Bill 283 expands the grade levels in which West Virginia high school students can complete a required half-credit personal finance course. Beginning in the 2024-2025 school year, students can take the personal finance course during 8th, 9th, 10th, 11th, or 12th grade to satisfy the graduation requirement. The bill applies retroactively, meaning students who have already taken the course in 8th, 9th, or 10th grade before the bill’s effective date will still meet the requirement. The legislation aims to prepare students better to manage their finances by ensuring they receive fundamental financial education before graduating high school. The State Board of Education is tasked with developing implementation guidance, including curriculum, content standards, teacher certification requirements, and how the course may fulfill existing graduation requirements, with this guidance to be issued before July 1, 2024.

Senate Bill 291 changes the pharmacy registration requirements in West Virginia by changing the registration renewal period from annually to biennially. Under the new law, pharmacies, ambulatory healthcare facilities, and charitable clinic pharmacies must register with the state board every two years instead of every year. To obtain and maintain registration, applicants must submit a written application, pay applicable fees, designate a pharmacist-in-charge, and complete a board inspection. Each pharmacy location requires a separate application and registration; registrations remain non-transferable. If a registration expires, the pharmacy must be reinspected, and an inspection fee must be paid. The bill does not alter other existing requirements, such as employing a pharmacist-in-charge and complying with legislative rules governing pharmacy practice.

Senate Bill 299 changes West Virginia regulations regarding medical practices related to gender transition treatments for minors. Specifically, the legislation prohibits healthcare professionals, including physicians, physician assistants, and advanced practice registered nurses, from providing gender-altering medication or gender reassignment surgery to individuals under 18 years of age. The bill defines “gender altering medication” as puberty-blocking drugs or hormone treatments that differ from naturally produced hormone levels and “gender reassignment surgery” as various surgical procedures that modify sexual characteristics. The law provides limited exceptions for treating specific medical conditions like disorders of sex development or life-threatening physical conditions. Under the law, if a healthcare professional offers such treatments for a minor, their professional license will be immediately revoked. The legislation allows individuals to seek legal remedies for violations, including damages and injunctive relief and permits the Attorney General to bring enforcement actions. The provisions will be adequate on January 1, 2024, for physicians and August 1, 2025, for other healthcare professionals. Additionally, the bill requires proposed telehealth rules to include a prohibition on prescribing gender-altering medication and establishes definitions and jurisdictional guidelines for interstate telehealth services.

Senate Bill 325 authorizes the Department of Health to promulgate multiple legislative rules covering a wide range of public health and medical topics, including public water systems, trauma and emergency care, vital statistics, emergency medical services, the Primary Care Support Program, and various aspects of the Medical Cannabis Program (such as rules for growers, processors, laboratories, and dispensaries). The bill also directs the Department of Health to amend the regulations for sewage treatment and collection system design standards. Additionally, it authorizes the Department of Human Services to establish regulations for the Recovery Residence Certification and Accreditation Program and a pilot program for drug screening cash assistance applicants while also directing them to amend their child placing agencies licensure rule. Finally, the bill authorizes the Office of Inspector General to create legislative rules for hospital and behavioral health center licensure, including specific amendments such as modifying transportation requirements for staff and clarifying insurance and vehicle documentation requirements.

Senate Bill 336 authorizes several agencies within the West Virginia Department of Homeland Security to promulgate legislative rules across public safety and law enforcement areas. Specifically, the bill permits the Governor’s Committee on Crime, Delinquency, and Correction to establish regulations for law enforcement’s protocol on child abuse and neglect response and for sexual assault forensic examinations. The bill also authorizes the Division of Protective Services to define the ranks and duties of its officers, enables the State Emergency Response Commission to create rules for the Emergency Planning Grant Program, and allows the West Virginia State Police to establish regulations for cadet selection and the State Police Career Progression System.

Senate Bill 358 authorizes several legislative rules for various departments and divisions within the West Virginia Department of Transportation. Specifically, the Division of Highways is authorized to create legislative regulations regarding the construction and reconstruction of state roads, the use of state road rights-of-way and adjacent areas, the transportation of hazardous wastes on roads and highways, and the placement of small wireless facilities on highway rights-of-way. The Division of Motor Vehicles is granted authorization to establish rules concerning driving privileges (including denial, suspension, revocation, and reinstatement), disclosure of motor vehicle information, handicapped placards, a safety and treatment program, and a vehicle title and registration project. The Parkways Authority is also authorized to create a rule supporting electronic toll collection and enforcement.

Senate Bill 369 authorizes various state boards and agencies to promulgate legislative rules across multiple areas of regulation. It covers various departments and boards, including the Department of Agriculture, Board of Architects, State Auditor, Board of Barbers and Cosmetologists, and many others. The bill approves numerous administrative rules related to licensing, fees, professional standards, criminal background checks, telehealth practices, and other regulatory matters. For example, it allows the Department of Agriculture to establish rules for state aid to fairs, meat and poultry inspection, licensing fees, and fish processing while also permitting professional boards like the Board of Pharmacy, Board of Dentistry, and Real Estate Commission to set guidelines for professional licensing, practice standards, and initial fee waivers.

Senate Bill 427 modifies West Virginia’s child labor laws by eliminating the requirement for 14- and 15-year-olds to obtain a work permit before employment. Instead, the bill requires employers to obtain parental or guardian consent and an age certificate from the State Commissioner of Labor before hiring teenagers aged 14 and 15. The age certificate must include the child’s full name, date and place of birth, and parent or guardian contact information. It must also be supported by documentation such as a birth certificate. The Commissioner of Labor is authorized to issue these age certificates and can investigate and revoke them if improperly issued. The bill maintains penalties for violations, including fines ranging from $50 to $1,000 and potential jail time for repeat offenders. Employers must keep the age certificate on file and accessible to enforcement officers, and the certificate will serve as proof of the child’s age.

2025 Completed Legislation: Part 1

Senate Bill 1 aims to improve coordination between utility companies and the West Virginia Division of Highways to prevent unnecessary damage to newly paved roads. Starting December 31, 2025, utility companies must submit annual reports to the local Division of Highways district office detailing planned projects requiring digging or cutting into paved roads over the next two years, including information about related grants. The Division of Highways will review and use these reports in project planning. Beginning September 1, 2025, the Division must publish a map of its districts on its website, a list of planned paving activities, and copies of utility reports. If a utility has no planned road-related work, they can submit a “no plans report” to comply with the requirement. Utilities are still permitted to perform necessary repairs and must restore any road or right-of-way they damage according to the Division of Highways’ utility accommodation manual. Failure to submit the required reports may result in the Division withholding a “Right of Way Entry Permit” until the report is provided. The bill does not prevent routine road maintenance like pothole filling and is designed to promote better planning and reduce unnecessary road damage.

Senate Bill 8 expands West Virginia’s safe surrender options for parents with newborns by adding emergency medical service facilities, police departments, 911 call centers, and sheriff’s detachments as designated safe surrender sites where parents can anonymously leave a child 30 days old or younger. The legislation allows these facilities to install and operate “newborn safety devices,” which are specially designed, secure receptacles with dual alarm systems that immediately notify staff when a child is placed inside. These devices must be visually checked twice daily, have an alarm system tested weekly, and trigger a 911 call if no staff responds within 15 minutes of a child being placed in the device. Parents who use these devices remain anonymous and will not be pursued, and the act of surrendering a child through these means is not considered child abuse. Emergency medical service providers who retrieve a child from a safety device are required to take the child to the nearest hospital emergency room and have implied consent for medical treatment. The bill also provides immunity from criminal or civil liability for emergency medical services providers acting in good faith, except in cases of gross negligence or willful misconduct. The primary goal is to provide safe, anonymous options for parents who cannot care for their newborn, thereby protecting infant welfare and reducing potential harm.

Senate Bill 10 exempts the processing of beef, pork, or lamb by a slaughterhouse for an individual owner of the product processed from the Consumer Sales and Service Tax.

Senate Bill 22 addresses penalties for nonpayment of royalties in oil and natural gas lease agreements in West Virginia, specifically for conventional vertical wells. The legislation stipulates that if a lessee or operator fails to pay royalties within six months after the payment is due, they will be liable to pay the lessor or landowner three times the market value of the unpaid royalty unless there is a written agreement specifying different terms or a genuine dispute exists. The bill applies to royalty payment disputes filed on or after July 1, 2025, and establishes that jurisdiction for such disputes will be in the county where the well and leasehold are located. Additionally, the prevailing party in such legal actions may be awarded reasonable attorney’s fees and costs. This legislation intends to protect landowners and mineral rights holders by providing a strong financial deterrent against delayed or withheld royalty payments while also offering a clear legal framework for resolving such disputes.

Senate Bill 35 permits current campus police officers in West Virginia to participate in the Deputy Sheriff’s Retirement System (DSRS) and mandates that newly hired campus police officers participate in the DSRS beginning on January 1, 2026.

Senate Bill 50 mandates that municipal elections in West Virginia must be held on the same day as statewide primary or general elections, with a compliance deadline of July 1, 2032. Municipalities must negotiate agreements with county commissions to establish election dates, officials, and registration procedures and will be responsible for sharing administrative election costs proportional to their registered voter count. The legislation allows municipalities to potentially extend or reduce current elected officials’ terms by up to 18 months to align with the new election schedule, which a majority vote must approve. For municipal elections between now and 2032, when no county or state election occurs, the bill provides flexibility in election board composition, allowing boards to be as small as four persons. Additionally, municipalities without existing charters must pass an ordinance establishing their new election day in coordination with their county commission, ensuring all local elections, including officer elections, municipal bond elections, and levy elections, coincide with statewide election dates.

Senate Bill 75 modifies the distribution of lottery and racetrack income in West Virginia, primarily affecting how funds are allocated from the State Excess Lottery Revenue Fund. Specifically, the bill allows the lottery commission to transfer up to $9 million annually to the Licensed Racetrack Modernization Fund and reduces certain distributions by 100 percent starting from the fiscal year beginning July 1, 2014. The legislation gives the Governor significant flexibility to redirect lottery revenues, particularly in budget shortfalls. Suppose the state Budget Office determines a budget shortfall greater than $100 million as of December 1, 2015. In that case, the Governor can, by Executive Order, redirect net terminal income revenues to the General Revenue Fund instead of other mandated funds. Additionally, the bill provides a mechanism to redirect lottery funds until the unfunded liability of the Old Fund (a workers’ compensation fund) is fully paid or provided for, as certified by an independent actuary. The redirected funds will be deposited into the State Excess Lottery Revenue Fund and can be spent according to legislative appropriations, with priority given to debt service payments before other distributions are made on a pro-rata basis.

Senate Bill 102 changes West Virginia’s existing law regarding deed requirements by adding a new provision that mandates most real estate deeds include a notarized acknowledgment from the grantee (the person receiving the property) demonstrating their acceptance of the property transfer. Specifically, this requirement applies to all deeds except for two key exceptions: transfer on death deeds (which allow the property to automatically transfer to a designated beneficiary upon the owner’s death) and transfers between parents and children where the property value is less than $2,000. The bill preserves the existing standard deed language format while introducing the new grantee acknowledgment requirement, which is intended to provide additional clarity and formal confirmation of property transfers.

Senate Bill 128 amends West Virginia state law regarding payment for professional and socially necessary services in child welfare proceedings by eliminating courts’ ability to order services at rates higher than Medicaid or the Department of Human Services’ established rates. Currently, courts can order these services at a higher rate if professional services (such as treatment, therapy, counseling, evaluation, and expert testimony) are not provided within 30 days. This legislation removes this provision, requiring that services be paid at the standard Medicaid or departmentally established rates, regardless of delays. The bill maintains the existing process where the Department of Human Services can be ordered to pay for these services but restricts their ability to be reimbursed at elevated rates.

Senate Bill 138 enhances penalties for fleeing from a law enforcement officer, creating more severe consequences for repeat offenders. The legislation modifies explicitly existing laws to establish stricter punishments for individuals who intentionally flee from officers in vehicles, with escalating penalties for second and third offenses. A first-time car fleeing offense will remain a misdemeanor. Still, a second offense becomes a felony with potential imprisonment from 1-3 years, and a third offense can result in 2-5 years of imprisonment. The legislation also clarifies that fleeing while under the influence of alcohol or drugs will be treated as a driving under the influence conviction for licensing purposes. Additionally, the bill expands the definition of prior offenses that can be considered when determining sentencing, extending the lookback period to 15 years for certain violations.

Senate Bill 154  establishes restrictions on sexual orientation and gender identity instruction in West Virginia public schools, defining key terms such as “biological sex” (the sex listed on a birth certificate), “gender identity” (an individual’s identification as male, female, or another category), and “sexual orientation” (an individual’s perceived sexual orientation). The legislation prohibits instruction related to sexual orientation or gender identity, with specific exceptions: teachers may respond to student questions, refer to sexual orientation or gender identity when providing historical context, address bullying situations, or discuss the topic in advanced placement or dual enrollment courses. The legislation requires public school employees to report to school administrators any student requests for gender identity accommodations and mandates that administrators inform the student’s parent, custodian, or guardian about such requests. School personnel are prohibited from providing false or misleading information about a student’s gender identity or transition intentions. Parents can file complaints for violations, and school personnel found in violation may face disciplinary action or dismissal. The West Virginia Board of Education, in consultation with the Higher Education Policy Commission, must develop rules to implement the law, and the Attorney General is authorized to enforce compliance.

Senate Bill 158 modifies the eligibility requirements and political activities for West Virginia State Board of Education members. Board members are prohibited from being on political party executive committees or holding other public offices. This legislation clarifies and expands these restrictions. Appointed members are now explicitly forbidden from becoming candidates for or holding other public offices, serving on political party executive committees, becoming delegates to national political party conventions, or soliciting political contributions for candidates. However, the bill does allow board members to engage in certain political activities, such as making campaign contributions, attending political fundraisers, serving as unpaid campaign volunteers, endorsing candidates, and attending political party conventions. The bill maintains the existing provisions that no more than five appointed members can be from the same political party, and the Governor still appoints members with Senate consent for nine-year overlapping terms. Additionally, the legislation reinforces existing protections that prevent board members from being removed by the Governor except for specific reasons like official misconduct or incompetence, and it continues to prohibit individuals convicted of certain offenses involving minors from serving on the board.

Senate Bill 196 increases the severity of sentences for multiple drug offenses, including distributing large quantities of heroin, cocaine, methamphetamine, and fentanyl. The legislation also increases the minimum sentence for drug delivery, resulting in death from three to 10 years, and for failing to seek medical assistance for someone overdosing from one to two years. These increases were in tribute to Lauren Renee Cole, 26, of Morgantown, who died July 9, 2020, due to fentanyl poisoning. The bill increases the minimum sentence for manufacturing, delivering, or possessing with intent to manufacture or deliver Schedule I and Schedule II narcotics or methamphetamine and introduces mandatory minimum sentences and restrictions on alternative sentencing for conspiracies involving large quantities of heroin, cocaine, methamphetamine, and fentanyl. The legislation also introduces mandatory minimum sentences for transporting large quantities of heroin, cocaine, methamphetamine, and fentanyl into the state, along with restrictions on probation, home incarceration, and sentence suspension.

Senate Bill 198 expands and clarifies West Virginia’s laws regarding child pornography, focusing specifically on computer-generated and artificially created images. The legislation introduces new definitions for terms like “computer-generated child pornography” and “fabricated intimate images,” which include visually realistic digital representations created using artificial intelligence or computer technology. The bill establishes criminal penalties for creating, distributing, possessing, or disclosing such images, ranging from misdemeanors to felonies, depending on the number of pictures and specific circumstances. It also mandates that individuals who encounter potentially inappropriate photos of minors on electronic devices must report them to law enforcement, with an affirmative defense provided for those who comply with reporting requirements. The bill applies to both actual and computer-generated images of minors in sexually explicit contexts, and it includes provisions for both adult and juvenile offenders. The legislation maintains confidentiality protections for restricted materials used in prosecution. It exempts certain professionals like law enforcement, prosecutors, and court personnel from prosecution when handling such materials during their official duties.

Senate Bill 199 attempts to provide more comprehensive approaches to managing disruptive student behaviors. The legislation introduces new protocols for handling student behavior, particularly for students in K-6, when their actions are deemed violent, threatening, or create an unsafe learning environment. The bill allows county school boards to partner with licensed behavioral health agencies to address student behavioral problems. Students in alternative learning centers or behavioral health agencies must meet regularly with qualified professionals like school social workers, behavior specialists, or psychologists. The bill emphasizes developing personalized behavioral intervention plans, conducting functional behavioral assessments, and prioritizing evidence-based interventions before considering more severe disciplinary actions. For elementary students with persistent behavioral issues, the bill establishes a step-by-step process that includes initial interventions, potential referrals to specialized teams, and possible placement in alternative learning environments. The legislation also requires the State Board of Education to develop a statewide disciplinary policy, prohibits suspending students solely for not attending class, and ensures that disciplinary actions do not conflict with federal laws like the Individuals with Disabilities Education Act.

House Adjourns Sine Die

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The House started at 9 a.m. on the final day of the session. Of the 2460 bills introduced this legislative session, 246 bills completed legislative action.

Senate Bill 299 changes the state’s regulation of pubertal modulation and hormonal therapy. Last year, a bill was passed that allowed hormonal medication therapy in cases where a child was at risk for suicide. The bill prohibits any gender-altering medication from being provided with the intention of gender transitioning. The bill allows for action to be brought in court against any provider who violates this section and for the licensing board to be notified. Amendments were offered to the bill; however, both were rejected. The bill completed legislative action.

House Bill 2755 requires the West Virginia Board of Education to submit rules and policies to the Legislature for review. This bill was a constitutional amendment offered on the ballot in 2022, and 50 of the 55 counties voted against it.

The motion to concur with the Senate in House Bill 2451 was rejected. The Senate amendment removed the non-impact home-based business and stated how municipalities may regulate the businesses. The amendment removed municipal licenses for independent contractors or sole proprietors who do not maintain a permanent location in city limits. The amendment would not have allowed B&O or privilege tax on a business making less than $10,000 a year. The amendment exempted individuals making less than $10,000 a year from the $30 annual business registration tax. The House requested the Senate recede. A conference committee on the bill took place and this amendment passed.

The House refused to concur and asked the Senate to recede on House Bill 3181 and House Bill 3294.

House Bill 2267, which was rejected yesterday, was amended and passed. The amendment removed the additional hour customers could remain at a bar after alcohol is no longer served. The House passed the amended bill to the Senate. The Senate refused to concede, and a conference committee was appointed.

House Bill 2014 passed with an additional amendment for concurrence from the Senate. The bill 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 3166 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 3411 eliminates expired boards and removes legislative membership requirements for some committees. The Senate amendment removed changes to the committee membership for CSI and the Oversight Commission on the Fusion Center.  Additionally, it permitted the Speaker and the president to select an equal number of senators and delegates to commissions.

The Senate’s amended version of House Bill 3111 replaces the House’s $3,500 pay raise for some judicial offices (only for Circuit Court Judges, Family Court Judges, and Magistrates) by giving Family Court Judges $15,000, Supreme Court, Intermediate Court, and Circuit Court, $10,000, and no pay raise for Magistrates, all effective beginning July 1, 2025. The bill also returns all judges and justices to the Tier 1 pension plan, ignoring the bill suspending employer contribution until the system is lowered to 125 percent funded. Due to these changes, the House concurred with an additional amendment to make the bill effective July 1, 2026, to prevent the bill from affecting the 2026 budget, which just completed action yesterday.

Senate Bill 474 was taken up after days of being postponed. The bill eliminates divisions, officers, programs, training, and policies related to diversity, equity, and inclusion from all departments, divisions, agencies, boards, public primary and secondary schools, and institutions of higher learning.

The debate on amendments was limited to one hour excluding questions and explanation. Twenty-two amendments were offered to the bill, but only three were adopted. The first amendment was adopted to clarify that any policy program, training, practice, activities, or procedures required for accreditation standards may take place. The second amendment adopted expresses that nothing in the bill excludes the State Board of Education from the Human Rights Act. The third amendment adopted expresses that nothing in the bill excludes the Universities from the Human Rights Act.

Several amendments were rejected including changing the effected date by one year; a First Amendment protection; a veterans’ exemption, collaboration with the private sector, community programs, and workforce programs that have DEI programs; protection for university libraries; and financial aid.

Opponents of the bill stated that DEI is not an actual problem in the state. The Minority Leader said that DEI has “never been about unqualified people skipping the line. It’s been about qualified people getting a change.” The proponents did not speak to the bill other than to explain and the previous question was called. The bill passed with 87 in favor and 12 opposed. The bill advanced to the Senate for concurrence. 

The House is adjourned sine die. 

Senate Completes 42 Bills on Day 60, Adjourns Sine Die

The Senate completed action on 42 bills on Saturday before adjourning the 2025 Regular Legislative Session Sine Die.

The day consisted of the Senate and House passing bills back and forth and concurring or rejecting the other body’s amendments.

Bills of note that completed action on the Senate side Saturday are described below:

The Senate concurred on two supplemental appropriations bills, House Bills 3356 and 3357, which combined, add more than $62 million to the Hope Scholarship Fund.

The Senate concurred in the House amendments and gave final approval to House Bill 2014, the Governor’s microgrid bill. The House only made technical amendments to the legislation. The bill 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.

Senator Rupie Phillips (R-Logan) was the only consistent opposition to the bill in the Senate, contending it would do little to lower electricity costs for most West Virginia residents and may actually make power bills more expensive.

The body concurred in the House amendments to Senate Bill 196, Lauren’s Law, which will increase criminal penalties for drug trafficking offenses. The legislation is named after Lauren Cole, a 26-year-old Morgantown resident who died after ingesting drugs laced with fentanyl.

Lauren’s Law targets six drugs: fentanyl, methamphetamine, PCP, LSD, cocaine and heroin.

For the six targeted drugs, the penalty would be increased for the manufacture, delivery, possession with intent to deliver, transportation of drugs into West Virginia, and conspiracy to do any of the above. Other drug penalties are also increased, as well as limitations to probation authorization for certain offenders.

Anyone guilty of transporting one of the six listed substances into the state would also face stricter penalties if this law is enacted, up to 30 years for more than five grams of fentanyl.

The Senate also concurred in House the amendments to Senate Bill 280, which which will require public schools across the state to display the national motto, “In God We Trust,”. The display will be “poster-sized” and will be inside school buildings.

A bill that would restrict public schools from teaching about gender identity and sexual orientation also completed action in the Senate tonight. Senate Bill 154 requires teachers and other school employees to report to parents when a student requests for an accommodation that is intended to affirm a student’s gender identity.

The legislation passed the House of Delegates on Friday, and the Senate concurred Saturday with changes made. Some of those changes include protecting teachers from talking about sexual orientation or gender identity in specific, strictly-defined circumstances.

A list of all bills to complete legislative action in the 2025 Legislative Session can be found here.

The Senate is adjourned Sine Die

Senate Passes Microgrid, Budget Bills on Penultimate Day of Session

The Senate passed an amended bill on Friday that encourages the development of data centers in West Virginia, some of which could be powered by microgrids.

House Bill 2014 would create 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 body approved an amendment on how to allocate the property tax base generated under the terms of the bill as follows:

50 percent to the state’s Personal Income Tax Reduction Fund

40 percent to the county where a data center is located

5 percent to all counties on a per capita basis

3 percent to the Low Income Energy Assistance Program administered by Department of Human Services

2 percent to a power grid stabilization fund

The legislation offers a possibility for data center developers who might want their own microgrid. The bill would the permit the secretary of the Department of Commerce to identify and certify the microgrid districts following conclusions that there would be a significant, positive economic impact for the state.

Under the bill, an  industrial plant or facility choosing to locate and operate within a certified district must represent a new electric generating load to take advantage of the program’s provisions.

The bill now returns to the House of Delegates for final consideration.

Also, on Friday, the Senate concurred in House amendments to complete action on House Bill 2026, the Budget Bill.

The fiscal year 2026 budget comes in at $5,317,557,000 with a surplus of $210,250,000. The compromised budget is $5,000,000 less than the Governor’s introduced budget. The General Revenue breakdown is:

  • Legislative Branch: $31,377,663
  • Judicial Branch: $168,226,450
  • Executive Branch
    • Governor’s Office: $16,940,401
    • Auditor’s Office: $2,784,484
    • Treasurer’s Office: $3,764,435
    • Department of Agriculture: $27,986,674
    • Attorney General: $5,986,622
    • Secretary of State: $1,024,648
    • Department of Administration: $102,657,122
    • Department of Commerce: $83,673,866
    • Department of Tourism: $36,515,705
    • Department of Education: $2,274,594854
    • Department of Environmental Protection: $7,915,309
    • Department of Health: $110,920,051
    • Department of Human Services: $791,025,664
    • Department of Health Facilities: $219,135,015
    • Department of Homeland Security: $576,549,322
    • Department of Revenue: $68,574,248
    • Department of Transportation: $9,108,595
    • Department of Veterans Affairs: $17,843,754
    • Bureau of Senior Services: $6,580,366
    • WV Council for Career and Technical Colleges: $88,141,984
    • Higher Education Policy Commission: $392,534,525
    • Adjutant General: $17,289,059

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 and to be used as follows: $1,000,000 for Division of General Services’ Capitol Complex Parking Garage Fund, $1,000,000 for the Division of Labor’s Bedding and Upholstery Fund, $2,000,000 for the Division of Natural Resources Planning and Development Division, $4,000,000 for the Fire Commission’s Fire Marshal Fees, and $4,000,000 for the Public Service Commission’s Motor Carrier Division.

The total funding for the Hope Scholarship is $24,000,000 from General Revenue and $9,000,000 from the Lottery Revenue Fund.

The budget now heads to the Governor’s desk to await his signature.

The body also passed and completed action on a number of other bills Friday. A list of completed bills so far in session can be found here.

The Senate is adjourned until tomorrow, April, at 11 a.m.

House Rejects Concurrence on HB 2267

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The House returned to session and continued with bills on third reading.

Amendments were offered to Senate Bill 154 on third reading. The bill prohibits instruction on sexual orientation in public schools. The bill requires teachers to inform administrators if a child requests to be called by a different name or pronoun that differs from the child’s biological sex. The administrator is to notify the child’s parent of the request. The adopted committee amendment allows for sexual orientation and gender identity to be discussed as part of the curriculum established in dual enrollment or advanced placement courses. An additional amendment was offered to remove the requirement for teachers to report a child’s name preference. The amendment was rejected. With the Committee Amendment becoming the bill, it heads back to the Senate for concurrence.

Senate Bills 790, 299, and 474 were postponed one day. Senate Bill 748 was advanced to third with the right to amend.

During Senate messages, nine bills completed legislative action on House Bills 2120, 2167, 2411, 2528, 2742, 3373, and 2267 and Senate Bills 449 and 325. House Bill 2880 was sent to a conference committee.

The House rejected the motion to concur with the Senate on House Bill 2267. The bill is a rules bundle for the Department of Revenue for the Alcohol Beverage Control Commission, the Insurance Commission, the Lottery Commission, and the Tax Division. The Senate amendment only affected the ABC rules, which could have allowed private clubs to stay open an hour and a half after they stopped selling alcohol. Currently, the businesses can only stay open half an hour later. This was a point of contention for many in the House who felt this could be dangerous and bad actors could cause additional problems. Supporters of the Senate amendment felt the additional hour would allow customers time to sober up before going home or to wait on a cab. Concurrence in the amended bill was rejected.

The House is adjourned until 9 a.m. tomorrow, April 12, 2025.

Committee Meetings, Tomorrow, April 12

  • The Rules Committee will meet at 8:45 a.m. in the Speaker’s Conference Room.

The House Rejects Senate Bill 488

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In the House’s morning floor session, one bill was rejected, and twelve bills were passed.

Senate Bill 488 failed with a vote of 33 in favor and 65 opposed. The bill would have clarified electioneering by prohibiting (1) display of a candidate or candidate’s committee name, likeness, or logo; (2) display of a ballot question’s number, title, subject, or logo; (3) campaign-related buttons, clothing, writing utensils that contain electioneering information; (4) distribution of campaign literature, cards, or handbills containing electioneering information; (5) soliciting of signatures to any petition; and (6) soliciting of votes for or against a candidate or ballot question.

The bill would have also prohibited the use of cell phones within 100 feet of the entrance of a polling location. The bill would have banned photos and videos from being taken while voting.

During Rules this morning, Senate Bill 483 was moved to the inactive calendar. At the start of the floor session, Senate Bills 154, 299, and 474 were transferred to the food of the calendar.

A few of the bills which passed this morning were:

Senate Bill 280 requires the display of the U.S. motto, “In God We Trust,” in the main building of all West Virginia public K-12 schools and state institutions of higher education. The display must be acquired through private donations.

Senate Bill 531 expands the criminal penalties for assault and battery on an athletic official to include athletic participants. It authorizes the school entity to ban anyone convicted of such offenses for at least 365 days, with enforcement as a form of trespass.

Senate Bill 576 allows fixed odds betting on horse and dog racing in the state and allows betting on the sports wagering apps offered by the state’s casinos. The state’s 10% tax on the receipts from these races will be distributed to the racetracks, the Greyhound Breeder’s Fund, and the thoroughbred purse funds.

The House is in recess until 1:30 p.m.

House Passes Budget Compromise

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The House reconvened this afternoon to amend bills on second reading.

Several of the bills were amended and Senate Bills 154, 229, 474, 586, 790, and 825 were advanced with the right to amend. Senate Bill 856 was postponed one day. After completing second reading, the House recessed until 5 p.m., and the Rules Committee convened to move Senate Bill 526 back to the active calendar.

Upon reconvening, the House heard Senate messages. The House concurred with the Senate to complete seven bills. A motion was made to reject Senate Bill 748 on first reading. However, the motion was rejected. The bill will be on the amendment stage tomorrow and has several amendments pending.

The House recessed until 7 p.m.

When the House returned, House Bill 2026, the Budget Bill was received through Senate messages. The House amended the compromise budget into the bill. The changes include salary adjustments for constitutional officers to reflect salary in code; PEIA recalculation; reduction in personal services in departments with long-term vacancies; public defenders’ pay raises; increases to Higher Education Policy Commission, and increased funding for pregnancy centers, Health Right, birth to three, waiver programs, adoption, and foster care programs.

The General Revenue Fund budget is $5,317,557,000 with a surplus of $210,250,000. The compromised budget is $5,000,000 less than the Governor’s introduced budget. The General Revenue breakdown is:

  • Legislative Branch: $31,377,663
  • Judicial Branch: $168,226,450
  • Executive Branch
    • Governor’s Office: $16,940,401
    • Auditor’s Office: $2,784,484
    • Treasurer’s Office: $3,764,435
    • Department of Agriculture: $27,986,674
    • Attorney General: $5,986,622
    • Secretary of State: $1,024,648
    • Department of Administration: $102,657,122
    • Department of Commerce: $83,673,866
    • Department of Tourism: $36,515,705
    • Department of Education: $2,274,594854
    • Department of Environmental Protection: $7,915,309
    • Department of Health: $110,920,051
    • Department of Human Services: $791,025,664
    • Department of Health Facilities: $219,135,015
    • Department of Homeland Security: $576,549,322
    • Department of Revenue: $68,574,248
    • Department of Transportation: $9,108,595
    • Department of Veterans Affairs: $17,843,754
    • Bureau of Senior Services: $6,580,366
    • WV Council for Career and Technical Colleges: $88,141,984
    • Higher Education Policy Commission: $392,534,525
    • Adjutant General: $17,289,059

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 and to be used as follows: $1,000,000 for Division of General Services’ Capitol Complex Parking Garage Fund, $1,000,000 for the Division of Labor’s Bedding and Upholstery Fund, $2,000,000 for the Division of Natural Resources Planning and Development Division, $4,000,000 for the Fire Commission’s Fire Marshal Fees, and $4,000,000 for the Public Service Commission’s Motor Carrier Division.

The total funding for the Hope Scholarship is $24,000,000 from General Revenue and $9,000,000 from the Lottery Revenue Fund.

The compromise budget passed the House and heads to the Senate for concurrence.

The House is adjourned until 9 a.m. tomorrow, April 11, 2025.

Committee Meetings, Tomorrow, April 8

  • The Rules Committee will meet at 8:45 a.m. in the Speaker’s Conference Room.

Senate Again Passes Bill to Curb Board of Education Authority

The Senate again passed a bill on Thursday that would establish the Legislature’s ultimate authority over the state’s educational rules, mandating that newly created rules be submitted for legislative review, approval, amendment or rejection.

House Bill 2755 would require the state board of education to submit newly promulgated rules to the Legislature through the Legislative Rule-Making Review Committee.

The Senate passed its own version of this bill in late March but is now using the House’s version in the final days of the 2025 legislative session.

The state board of education’s authority is laid out in the state Constitution, which states “The general supervision of the free schools of the State shall be vested in the West Virginia board of education which shall perform such duties as may be prescribed by law.” The state Supreme Court has upheld this language multiple times.

West Virginia voters rejected a constitutional amendment in 2022 that would given the Legislature the authority that this bill seeks to provide.

As was the case with this bill the first time, supporters said that the constitutional amendment was on the ballot with several others three years ago and that voters were confused. They also contend that the Supreme Court has been wrong in its rulings, misinterpreting the law multiple times. They believe that ultimately, educational rules should not be made by unelected bureaucrats.

Critics of the bill said they are reluctant to go against the will of the voters and that the people of West Virginia have stated clearly that they don’t want non educators messing with the educational process. They also believe that if this bill passes it will be ruled unconstitutional.

The Senate amended the bill and it now heads back to the House of Delegates for final approval.

UPDATE:

The Senate completed its calendar in a series of floor sessions throughout the remainder of the day. The body also received messages from the House and completed action on several bills.

As of this evening, 131 bills have completed legislative action.

The Senate is adjourned until tomorrow, April 11, at 11 a.m.