During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 Senate Bills, which completed the legislative process:

Senate Bill 455 removes the requirement that used motor vehicle dealers exclusively sell used motor vehicles. The bill also removes requirements related to minimum display areas for vehicles, minimum office space size and telephone requirements, and minimum opening hours.

Senate Bill 457 removes the prohibition of gambling on private club premises.

Senate Bill 458 sets the rate of interest on delinquent retirement contribution submissions as the actuarial interest rate assumption as approved by the Consolidated Public Retirement Board for completing the actuarial valuation for the plan year immediately preceding the first day of the plan year in which the delinquency payment is made, compounded daily, and the minimum interest charge is $50. The bill prohibits employer unilateral termination without legislative action.

Senate Bill 461 clarifies that actions taken by an employer related to declared states of preparedness or states of emergency and matters relating to protected classes under the West Virginia Human Rights Act may not be grieved. The bill exempts the Division of Personnel from being a party to grievances involving DOT employees. The bill provides other guidelines for the grievance procedure.

Senate Bill 463 allows commercial driver’s licenses to allow commercial instruction permits to be issued for a period of up to one year.

Senate Bill 465 increases the amount of money a county commission may have in its rainy day fund to 50% of the county’s most recent general fund budget.

Senate Bill 468 expands the types of vehicles which may be permitted on roads and trails in Cabwaylingo State Forest to include the use of utility-terrain vehicles. The bill permits the Director of the DNR to authorize the development and use of certain connector trails from existing private systems, specifically the Hatfield-McCoy system, to further provide access to state park and state forest recreational facilities.

Senate Bill 469 creates the Cardiopulmonary Resuscitation Instruction Fund to be distributed to county boards to cover the cost of CPR instruction for high school students.

Senate Bill 475 modifies examinations for disability pensions. The bill states that beginning July 1, 2023, a physician shall be chosen by the oversight board to perform a medical exam of the individual in person or virtually. The section method of the exam is at the discretion of the oversight board in consultation with the physician.

Senate Bill 476 exempts the Bureau for Medical Services from all the requirements of the Purchasing Division with respect to managed care contracts except when soliciting a procurement for specialized populations such as foster care.

Senate Bill 478 clarifies to provisions of the West Virginia Jumpstart Savings Program.

Senate Bill 481 extends the sunset provision of the Upper Kanawha Resiliency and Revitalization Program to June 30, 2029.

Senate Bill 487 reduces the federal adjusted gross income for those taxpayers who retired under an employer-provided defined benefit pension plan that terminated prior to or after the taxpayer retired and that pension plan is covered by a guarantor whose maximum benefit guarantee is less than the maximum benefit the taxpayer would have received had the plan not terminated.

Senate Bill 488 requires the Higher Education Policy Commission, Community, and Technical College Council, and the institutional governing boards of West Virginia University, Marshall University, and the West Virginia Osteopathic School to update their accreditation rules to conform with the US Department of Education by December 31, 2023.

Senate Bill 490, the Patrol Officer Cassie Marie Johnson Memorial Act, creates knowingly and willfully obstructing a law enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel engaged in their official duties and causing the death of the person acting in his or her official capacity. The bill establishes a penalty of 15 years to life imprisonment.

Senate Bill 495 deems audio video recordings at juvenile facilities and correctional institutions confidential. The bill does provide for exceptions for when records can be disclosed.

Senate Bill 508 increases the reporting threshold for grassroots lobbying campaigns from $500 to $5,000 in any three-month period and from $200 to $1,000 in a one-month period.

Senate Bill 510, a supplemental appropriation, appropriates $2.4 million to the Increased Enrollment Surplus within the State Department of Education.

Senate Bill 516 modifies the disclosure requirements for individual contributions to an independent expenditure from $250 to $1,000.

Senate Bill 522 allocates a portion of the excise taxes counties retain from transfers of title to real estate in the county to funding for election administration and physical and cyber security, and for infrastructure and cyber security for electronic recording of transfers of real property.

Senate Bill 523 modifies the requirements for spending from the Economic Development Fund to offer incentives for businesses to come to WV. The bill removes the $200 floor for financing “high-impact development projects” and establishes a cap of $300 million.

Senate Bill 526 requires that the Bureau of Public Health educate healthcare professionals on the importance of detecting, diagnosing, counseling, and other treatment for cognitive impairment Alzheimer’s, and dementia

Senate Bill 527 allows a living veteran’s spouse, child, grandchild, parent, or sibling to access military records with the county clerk. The bill further clarifies that such records are public after 62 years, consistent with the federal law in the National Archives.

Senate Bill 529 provides for recognition of Limited Liability Limited Partnerships.

Senate Bill 533 allows recycling cooperatives to own more than one vehicle to collect and transport recyclable material.

Senate Bill 534 allows for the sale of frozen beer in a sealed growler or from a frozen beverage machine to fill growlers. The bill allows for wineries, licensed brewers, and resident brewers to sell at private fairs and festivals. The bill also allows for a licensed distillery, mini-distillery, or micro-distillery manufacturing liquor to sell at private fairs and festivals. The bill modifies several definitions and fees.

Senate Bill 543 makes changes to the higher education rules process.

Senate Bill 544 increases the size of power purchase agreements from 500kW to 1000kW.

Senate Bill 546 adds certain opioids and other drugs to Schedule I drugs. The bill also adds delta-8, delta-10, delta 8-O, and Delta 9-O to the list of Scheduled I drugs. The “O” signifies synthetically made cannabinoids. The bill does state that naturally occurring tetrahydrocannabinol with THC levels low enough to qualify under the Hemp Act are not subject to the provisions of the bill.

Senate Bill 548 states lienholders can redeem a delinquent property through the payment of outstanding taxes and interest. The bill requires bidders to pre-register for a public auction held by the Auditor. Citizens and entities with a connection to a “Country of Particular Concern” cannot participate in the Auditor auctions. Those countries include Burma, China, Cuba, Eritrea, Iran, North Korea, Nicaragua, Pakistan, Russia, Saudi Arabia, Tajikistan, and Turkmenistan.

Senate Bill 552 inserts a severability cause into the Unborn Child Protection Act.

Senate Bill 553 allows for a best-value procurement evaluation for prequalified bidders.

Senate Bill 558 prohibits law enforcement agencies from posting on social media the booking photographs of individuals arrested for “minor crimes” with exceptions.

Senate Bill 561 transfers the administration of the Drinking Water Treatment Revolving Fund from the Department of Health and Human Resources to the Department of Environmental Protection.

Senate Bill 568 clarifies the Dangerousness Assessment Advisory Board provides an objective professional recommendation to judges on appropriate levels of security for a person who has been found incompetent to stand trial or not guilty by reason of mental illness. The DHHR has no supervisory authority over the board, as the DHHR has an interest in the proceedings.

Senate Bill 573 updates the child support formula, adds criteria for attributed income, and addresses incarcerated parents.

Senate Bill 577 caps the cost of insulin at $35 for a 30-day supply and for devices at $100.

Senate Bill 579 directs payment of a claim against the Racing Commission in the amount of $16,219.58.

Senate Bill 591 allows counties and municipalities to develop economic projects together and to share proportionally in project costs and revenues generated from the project.

Senate Bill 594 clarifies cost-sharing calculations for high-deductible health plans.

Senate Bill 597 increases the number of non-classified service employees that the Commissioner of Workforce West Virginia is authorized to hire to 200 employees.

Senate Bill 605 requires the Chief Medical Examiner to authorize a person for a position within the Office of the Chief Medical Examiner to recover anatomical gifts by identifying potential donors, evaluating donor eligibility, and obtaining recovery authorization.

Senate Bill 608 corrects the definition section relating to deadly weapons.

Senate Bill 609 states that no existing electrical power plant in the state may be decommissioned or deconstructed without prior approval of the Public Energy Authority.

Senate Bill 613 exempts hospitals providing defined hospital services from certificate of need requirements. The bill removes birth centers from health services required to obtain a certificate of need.

Senate Bill 617 sets guidelines for submitting reports on cases involving instances of substantiated abuse and neglect involving a person with a developmental disability. The bill also establishes a mental health ombudsman. The bill requires a workforce study of the Intellectual and Development Disabilities Waiver Program.

Senate Bill 625 adds micro-school programs to the list of programs whose transcripts or other credentials must be accepted by a public school as a record of a student’s previous academic performance.

Senate Bill 631 to expend federal appropriations from Congress to the Secretary of State for purposes that further the administration of federal elections held in the state.

Senate Bill 633 provides specific guidance as to how courts are to enter a capias warrant against a defendant for failure to appear.

Senate Bill 647 limits the period “substantiated” child abuse claims can be disclosed to prospective employers. The bill directs that where an allegation of abuse and neglect is substantiated by DHHR, but no petition is filed the record must be sealed 12 months after the complaint is deemed unsubstantiated.

Senate Bill 649 authorizes the Berkeley County Council to change its name to the Berkeley County Commission.

Senate Bill 661 provides that an employee who is off work due to a compensable injury be given preferential recall right if the job is still available and the employee’s request to be reinstated is mailed to the employer.

Senate Bill 665 modifies the requirements for licensure as a massage therapist, expanding the qualifications standards and increasing the hours of supervised academic instruction from 500 hours to 625.

Senate Bill 667 permits the Legislative Auditor to conduct performance audits of the West Virginia Secondary Schools Activities Commission to examine the revenues, expenditures, and performance.

Senate Bill 674 recognizes the memorandum of understanding known as the West Virginia First Memorandum of Understanding filed in the Circuit Court of Kanawha County, which called for the creation of the WV First Foundation. The Foundation will be responsible for receiving and distributing opioid funds.

Senate Bill 677 clarifies the responsibilities of the State Resiliency Officer.

Senate Bill 678, a supplemental appropriation, allocates $1.2 million to the Division of Human Services for Social Services.

Senate Bill 679 authorizes the Office of Inspector General to create legislative rules relating to forensic group homes.

Senate Bill 688 allows county boards to hire a retired teacher to provide tutoring services to students who need additional one-on-one instruction in reading and math.

Senate Bill 730 expands the authority of the Legislative Oversight Committee on Health and Human Resources Accountability to the successor agencies of the DHHR, as the department will be split into three departments.

Senate Bill 733 authorizes DNR to issue lifetime nonresident statewide licenses for hunting and trapping, fishing, and bear hunting and nonresident stamps for trout fishing, archery deer hunting, muzzleloading deer hunting, turkey hunting, and national forest hunting, fishing, and trapping.

Senate Bill 734 establishes the requirement for the Chief Information Officer to develop and implement an information technology modernization strategy for the procurement, adoption, and utilization of cloud computing services by the state and its agencies.

Senate Bill 735 corrects code errors to reflect proper departments responsible for specific programs.

Senate Bill 737 creates the Emergency Medical Services Salary Enhancement Fund to supplement the salaries of county EMS personnel.

Senate Bill 740 increases compensation and expense reimbursements for members of the Legislature.

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 Senate Bills, which completed the legislative process:

Senate Bill 4 authorizes the Division of Natural Resources to establish an Adopt-A-Trail program allowing volunteer groups to assist the division in the maintenance and enhancement of trails on state-owned land. The program would be similar to the Adopt-A-Highway and Adopt-A-Stream programs.

Senate Bill 10 allows persons who are holders of concealed handgun permits to carry same on the campuses of the state institutions of higher education.

Senate Bill 47 creates the Charter Schools Stimulus Fund to be used to provide financial support to charter school applicants and charter schools that do not have resources for start-up costs.

Senate Bill 51 requires an impact statement on a school closing or consolidation before any final decision to close or consolidate a school.

Senate Bill 83 allows a tactical medical professional to carry firearms while on duty in the same manner and to the same extent as law enforcement. A tactical medical professional is an EMS personnel, nurse, physician, osteopathic physician, and physician assistant who is trained and certified in a nationally recognized tactical medical training program.

Senate Bill 89 requires all hospitals in the State to have healthcare providers trained and properly qualified by the Sexual Assault Forensic Examination Commission to conduct examinations on call during all hours of operation.

Senate Bill 99 allows county boards of education to meet to discuss the consolidation of school districts or the possibility of sharing administrative, coordinating, and other county-level services and functions between them.

Senate Bill 121 creates specific first amendment protections for high school, college, and university student journalists to determine news, opinions, features, or other content irrespective of whether the student is using school facilities or supported financially by the school.

Senate Bill 128 allows the Governor or Legislature to proclaim or declare a state of preparedness or emergency. The state of preparedness may last only 30 days and the state of emergency may last only 60 days unless the Legislature convenes and approves to extend them.

Senate Bill 131 allows municipal fire departments to award service weapons to municipal fire marshals and deputy fire marshals upon retirement after 20 years, or under if leaving on disability.

Senate Bill 132 clarifies that stalking and harassment are separate criminal offenses. A person convicted of stalking is guilty of a felony and is subject to 2 to 10 years imprisonment.

Senate Bill 136 requires individuals convicted of sexual offenses to undergo psychological or psychiatric testing and have a treatment plan in place to be eligible for parole. The bill also expands the list of offenses that would prohibit a defendant from residing with minor children or having contact with victims.

Senate Bill 142 eliminates the publication requirement for estate closing settlements and instead requires the Fiduciary Supervisor to mail a copy of the document to each beneficiary with a notice that a beneficiary has 10 days in which to contest the closing.

Senate Bill 143 requires any participant 17 years of age or younger must be accompanied by an adult for the Adopt-A-Stream Program. The bill grants the DEP discretion to accept or reject requests to adopt streams and rivers.

Senate Bill 146 amends code to align the Peer-to-Peer (PTP) Car Sharing Program, which is a program or business platform which connects vehicle owners to individuals who want to rent vehicles, with the rental car industry.

Senate Bill 149 exempts properties used for divine worship and the operation of a pre-K school, primary school, middle school, secondary school, daycare center, or church camp for children, which school, daycare center, or church camp is operated by the church which owns the property or is operated by another not-for-profit organization or entity from taxation.

Senate Bill 151 authorizes a “pass-through entity” to elect to be subject to the WV Personal Income Tax. A “pass-through entity” is defined as a partnership or other business entity that is not subject to the WV Corporate Net Income Tax. The bill creates a new tax credit against WV PIT for taxpayers who own an electing pass-through entity.

Senate Bill 161 authorizes the director of DNR to sell, lease, or otherwise dispose of property under his or her jurisdiction and control. The bill also authorizes the director to accept money, security, or real and personal property including lands and waters which are suitable for the purposes of the division.

Senate Bill 162 authorizes the DNR Director to lease and develop pore spaces underlying state forests, natural and scenic areas, wildlife management areas, and other lands under DNR control for carbon sequestration.

Senate Bill 187 makes it a felony offense for any public or private school employee to engage in sexual intercourse, sexual intrusion, or sexual contact with any student regardless of the student’s age. The bill states that consent for the act or occurrence off school property or at a time other than during a school function is not a defense. The penalty for anyone convicted of this offense is not less than 1 nor more than 5 years in prison, and/or a fine of up to $5,000, and includes the permanent forfeiture of any teaching or other certificate.

Senate Bill 188 creates the “Grid Stabilization and Security Act” and directs the Department of Economic Development to identify economically viable sites for the development of natural gas electric generation projects that are located near convenient and sufficient supplies of natural gas and are likely to create projects that provide economic benefits to local and state government and citizens of the state.

Senate Bill 191 states that persons whose cases are being dealt with through both “pretrial diversions” and “deferred adjudications” are liable for any applicable court costs, and payment thereof shall be a condition of the deferred adjudication agreement once they are placed into community corrections.

Senate Bill 200 allows leashed dogs to track wounded deer, elk, turkey, bear, and wild boar when hunting.

Senate Bill 205 authorizes special registration plates and establishes fees for the plates. The bill authorizes the suspension of registration of any owner who displays a damaged or illegible plate or otherwise fails to comply with a legal requirement. The bill also allows for voiding the plates if there is an issue with renewal.

Senate Bill 207 eliminates the maximum allowable state allocation from the West Virginia Department of Economic Development to eligible regional councils for purposes of obtaining federal matching grants.

Senate Bill 208 requires all current law-enforcement officers to receive training for appropriate interactions with and in response to persons with autism, Alzheimer’s, and related dementias every three years.

Senate Bill 220 adds regulations to Hemp-derived cannabinoids and Kratom. The bill limits the sale to people 21 years of age or older, authorizes the ABCA Commission to enforce regulations, imposes an excise tax of 11% on the products, and creates new criminal offenses for individuals under 21.

Senate Bill 231 transfers the administration of the West Virginia Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program from the Department of Commerce to the Department of Economic Development.

Senate Bill 232 creates a multi-disciplinary study group to make recommendations to the Legislature about dealing with persons with disabilities in the criminal justice system.

Senate Bill 237 provides a one-time supplemental payment of $1,500 to retired individuals of PERS and TRS who are 70 years or older, have at least 20 years of service, and have a monthly annuity payment of less than $1,000. The bill also increases the minimum annuity payment for retired individuals of PERS or TRS who are 70 or older, have 25 or more years of service, and have a monthly annuity payment of less than $1,000.

Senate Bill 239 requires the Commissioner for the Bureau for Behavioral Health to conduct a study among behavioral health providers, substance abuse disorder providers, municipal leaders, and county government leaders to obtain a breakdown of various demographics within the homeless community throughout the State of West Virginia.

Senate Bill 240 modifies the requirements of Chapter 30 board applicant registries available to the public. The bill mandates that boards maintain a website with the names of board members and staff, contact information for them, copies of minutes of board meetings, and notice of upcoming meetings.

Senate Bill 241 makes the investigation and enforcement of the Patient Brokering Act the responsibility of the Office of Health Facility Licensure and Certification (OHFLAC) It requires OHFLAC to develop a tool to facilitate public complaints about the Patient Brokering Act.

Senate Bill 244 requires any state entity that licenses, certifies, or otherwise authorizes an individual to practice a profession, trade, or occupation to make a roster of those authorized individuals available to the public and electronically if the entity has a website.

Senate Bill 246 revises the membership of the Broadband Enhancement Council to reflect the loss of a congressional district, decreasing the membership from 13 to 11.

Senate Bill 247 makes appeals of final board action subject to the Administrative Procedures Act with appeals to be fined to the Intermediate Court of Appeals.

Senate Bill 258 removes the $10,000 limit on the maximum fair market value for single-item rent-to-own.

Senate Bill 267 requires PEIA and Medicated to provide electronic portals for the submission of prior authorization forms.

Senate Bill 268 requires all PEIA board members to complete fiduciary training, as members will have a fiduciary responsibility to protect plan assets for participants. It requires the finance board to hold at least two public hearings on proposed financial plans. The finance board may only use revenue estimates from the governor as needed to maintain an actuarially recommended reserve fund and to maintain premium cost-sharing. The director may not incorporate other revenue sources into the plan.

The bill requires plans to reimburse WV hospitals at a minimum rate of 110 percent of Medicare. Plans for employees and retired employees shall be at a cost-sharing rate of 80 percent for the employer and 20 percent for the employees. PEIA will maintain the 80-20 cost-sharing for instate and out-of-state in contiguous counties and then drops to 70-30 coverage for other out-of-state providers.

All plans shall include coverage for diagnosis, evaluation, and treatment for autism spectrum disorder for ages 18 months to 18 years. Coverage through PEIA includes children’s immunizations from birth to 16 for diphtheria, polio, mumps, measles, rubella, tetanus, hepatitis-b, hemophilia influenza-b, and whooping cough. Coverage includes a 12-month refill for contraceptives and group life and accidental death insurance for $10,000 for each employee.

The bill makes a change to spousal coverage through PEIA. If an employee’s spouse has health insurance available through their employer, then they are will not be covered under PEIA unless the employee adds the spouse to the plan by paying an additional $147 a month.

Senate Bill 270 provides an exemption from the requirement to secure a permit to have a body cremated for representatives of institutions who are arranging the cremation of the body of an individual who has donated his or her body to science.

Senate Bill 271 allows nominees for the First Responders Honor Board to be considered by the Legislature at times other than its next regular session.

Senate Bill 273 reallocates existing child protective service workers throughout the state based on the population in the 2020 Census.

Senate Bill 275 adds State Fire Marshals to the list of persons who receive school safety information.

Senate Bill 276 allows the State Fire Marshal to award the service weapon of a retiring State Fire Marshal, any full-time deputy fire marshal, or any full-time assistant fire marshal employed by the State Fire Marshal to the retiree without charge when the retiring member honorably retires with at least 10 years of service or with less than 10 years of service based upon the determination that the retiring employee is totally physically disabled as a result of service with the State Fire Marshal.

Senate Bill 294 clarifies that deputy sheriffs receive an annual monetary payment in the amount of $5 per month of service (increasing at a rate of $60 per year) – with the payments and calculations starting after their first year of service.

Senate Bill 298 allows local emergency services entities to enter into mutual aid agreements with fire and emergency medical services located in border counties of contiguous states for day-to-day cooperation.

Senate Bill 300 modifies the definition of “law-enforcement officer” to clarify that a county litter officer who has not received training and been certified as a law-enforcement officer is not considered a “law-enforcement officer”.

Senate Bill 302 requires West Virginia law enforcement agencies to index felony warrants with the National Crime Information Center of the FBI.

Senate Bill 335 authorizes agencies within the Department of Homeland Security to create legislative rules relating to law enforcement response to domestic violence, the National Flood Insurance Program, hazardous substance emergency response training program, certification of home inspectors, volunteer firefighters’ training equipment, and operating standards, certification of electrical inspectors, supervision of fire protection work, electrician licensing, WV State police standards, and modified vehicle inspections.

Senate Bill 345 authorizes agencies within the Department of Revenue to create legislative rules relating to money transmission services, suitability in annuity transactions, pharmacy auditing entities and pharmacy benefits managers, bail bondsmen in criminal cases, WV Lottery sports wagering, valuation of producing and reserve oil, natural gas liquid and natural gas for property tax purposes, WV Film Industry Investment Act, Farm to Food Bank tax credit, property transfer tax, municipal sales and use tax administration and personnel rule.

Senate Bill 356 authorizes agencies within the DOR to create legislative rules relating to administrative due process; examination and issuance of driver’s licenses; denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals, and reinstatement of driving privileges; disposal, lease, and management of real property and appurtenant structures and relocations assistance; and organization and meetings repeal of the State Rail Authority.

Senate Bill 361 authorizes various boards and agencies to create legislative rule including the Board of Accountancy on board rules of professional conduct; Board of Acupuncture on advertising by licensed acupuncturists, standards of practice, and continuing education requirements; the Department of Agriculture on apiary rule, fruit inspection schedule, noxious weeds, Grade “A” pasteurized milk, inspection of nontraditional, domesticated animals, hemp products, livestock care standards, farm-to-food bank tax credit, and famers markets; the Athletic Commission on administrative rules and regulation of mixed martial arts; the State Auditor on standards for voluntary payroll deductions; the Conservation Agency on operation of West Virginia State Conservation Committee and conservation district and conservation district accounting and auditing standards; the Board of Dentistry on dental recovery networks; the Board of Funeral Service Examiners on funeral director, embalmer, apprentice, courtesy card holders, and funeral establishment requirements, crematory requirements, and fee schedule; the Board of Landscape Architects on registration of landscape architects; the Board of Medicine on licensing of physicians and podiatric physicians and disciplinary procedures for applicants, licensees, and credential holders, licensure, practice requirements, disciplinary and complaint procedures, continuing education, physician assistants, collaborative pharmacy practice, and prohibiting sexual misconduct by health care practitioners; the Board of Optometry on optometric telehealth practice; the Board of Osteopathic Medicine on osteopathic physician assistants; the Board of Pharmacy on licensure and practice of pharmacy, the Uniform Controlled Substance Act, rules for registration of pharmacy technicians, regulations governing pharmacy permit, inspections, and the Donated Drug Repository Program; and Board of RPNs on requirements for registration and licensure and conduct constituting professional misconduct, advanced practice registered nurse licensure requirements, limited prescriptive authority for nurses in advanced practice, continuing education and competence, fees for services rendered by the board, practitioner requirements for accessing the West Virginia Controlled Substance Monitoring Program database, and telehealth.

Senate Bill 409 authorizes agencies within the Department of Commerce to create legislative rules relating to the Small Business Innovation Research and Small Business Technology Transfer Matching Funds Program, West Virginia Board of Manufactured Housing Construction and Safety, supervision of plumbing work, regulation of heating, ventilating, and cooling work, registration of service persons and service agencies, registration of weighing and measuring devices, commercial whitewater outfitters, special motorboating regulations, and permits and licenses.

Senate Bill 422 requires each public-school county-adopted class curriculum to be posted on the school’s website at the beginning of each school year and the revised curriculum to be posted within 30 business days.

Senate Bill 423 increases the annual salaries of members of the West Virginia State Police, public school teachers, and public-school service personnel beginning July 1, 2023.

Senate Bill 430 clarifies that the Department of Revenue’s exemption from procedural oversight by the Treasurer’s Office does not equate to an exemption from the State Treasurer’s contract authority.

Senate Bill 439 creates a “Design-Build Pilot Program” to be administered by the Department of Environmental Protection. The program will allow DEP to expedite infrastructure projects by combining the design and construction elements of a proposed project into a single contract.

Senate Bill 443 directs payment of funds from fees charged at the time of qualification of a fiduciary to the State Auditor.

Senate Bill 444 ends the WV Future Fund and transfers the money to the General Revenue Fund.

Senate Bill 446 removes methanol and methanol fuel from the definition of special fuel for purposes of the motor fuel excise tax.

Senate Bill 449 updates the government employee retirement systems to include Natural Resources Police Officers and public charter school employees.

Senate Bill 450 requires medical examinations to be performed either in person or virtually by a physician approved by the board when approving disability awards and benefits for members of the West Virginia Public Employees Retirement System, the Deputy Sheriffs’ Retirement System, the Municipal Police and Firefighters Retirement System, the State Police Retirement System, the Emergency Medical Services Retirement System, the Teachers Retirement System, and the Natural Resources Police Officers Retirement System.

Senate Bill 451 updates the definitions to reflect that public charter schools may elect to participate in the teachers’ retirement systems

Senate Bill 452 adds 911 personnel and county firefighter to those who can contribute and receive benefits from the EMS Retirement System.

Senate Bill 453 provides for successor liability and delinquent retirement contributions for public charter schools.

During the first session of the 86th Legislature, 333 bills completed the legislative process. Of the 333 bills, 203 were House Bills and 130 were Senate Bills. Thus far, the Governor has signed 109 bills and 2 became law without signature. For a PDF list of completed legislation, please see Completed Legislation of the 2023 Regular Session.

Here are 65 House Bills, which completed the legislative process:

House Bill 3306 places the Office of Drug Control Policy administratively within the Department of Human Services but the director shall be appointed by and report to the Governor. The bill also creates the sober living/recovery residence taskforce. The task force will review existing law regarding sober living homes/recovery residences in WV, other states, and existing case law and make recommendations to the LOCHHRA no later than December 15, 2023. A representative of the task force will provide an update regarding the status with preliminary findings by July 1, 2023.

House Bill 3307 establishes the West Virginia – Ireland Trade Commission. The Commission is tasked with advancing bilateral trade and investment between WV and Ireland; initiating joint action on policy issues of mutual interest; promoting business and academic exchange between the two; and encouraging mutual economic support and investment in infrastructure.

House Bill 3308 authorizes the PSC to approve the issuance of consumer rate relief bonds for eligible costs related to environmental control costs, expanded net energy costs, storm recovery costs, and underappreciated generation utility plant balances.  

House Bill 3311 increases the alcohol content of table wine to between 0.5% and 15.5% and dessert wine to 15.6%.

House Bill 3315 creates readiness enhancement and enlistment bonuses and updates commissioning bonuses which may be awarded by the Adjutant General at his or her discretion for individuals with expertise, qualifications, or potential for service of particular importance. The bill establishes criteria for receipt of a bonus which include: (1) Joining the National Guard as an enlisted member, (2) Serves satisfactorily and completing initial entry training, and (3) Having expertise, qualification, or potential for military service deemed by the Adjutant General as sufficiently as important to the National Guard.  

House Bill 3317 removes specific continuing education requirements relating to license renewal of certain chapter 30 boards.

House Bill 3328 authorizes the Hatfield-McCoy Regional Recreation Authority to contract their trail building and trail maintenance capabilities for the construction and maintenance of trails on private property, with the consent of the private property owner.

House Bill 3332 allocates circuit judges for the 2024 election. The bill combined language relating to magistrates’ allocation in House Bill 2938 and House Bill 3174, language relating to family court allocation in House Bill 3330, language regarding both magistrates and family courts staffing in House Bill 3331, and language relating to circuit court allocations in one bill. The bill changes the allocation of circuit judges and creates a circuit with one judge. The bill provides for run-off elections to be held in the November General election.

House Bill 3337 prohibits substance abuse treatment beds to be added in any county which already has greater than 250 licensed substance abuse treatment beds.

House Bill 3340 revises the WV Tax Increment Financing (TIF) Act. The bill authorizes the county commission to expand the TIF for up to 15 years due to the impact of the recession and COVID-19 for bonds issued before December 31, 2020.

House Bill 3344 directs payment of moral obligations of state agencies, approved by the West Virginia Legislative Claims Commission, for claims against the State, totaling $1,606,204.42.

House Bill 3354 authorizes municipalities to combine operations with other municipalities and counties to provide governmental services.

House Bill 3360 creates an Office of Inspector General within the Department of Homeland Security. The bill sets qualifications and states the IG is to be appointed to the Governor. The Governor may set the salary, which is capped at $95,000.

House Bill 3364 requires a municipality currently funding its pension and relief funds using the alternative method of funding to close its fund to new hires as a condition of being authorized to issue pension funding revenue bonds.

House Bill 3369 requires the Division of Protective Services Director to establish a school safety unit, used primarily to make school safety inspections and recommendations to the appropriate county school personnel or other school administrators. Officers will have the authority to respond to and investigate all school safety matters, and they will have statewide law-enforcement authority.

House Bill 3370 creates the State Parks Enhancement Loan Insurance Program to guarantee payment of loans from lending institutions to private entities that want to develop a project in state parks and resorts operated on U.S. Army Corps of Engineers property. The program will attract and increase recreational opportunities, tourism, and economic development in the state.

House Bill 3371 requires through a separate line-item appropriation in the state budget that the two institutions maximize federal matching requirements. The bill also corrects the code to reflect West Virginia State is now a university.

House Bill 3387 extends the moratorium on the authorization of new convention and visitors bureaus for an additional two years to June 30, 2026 and clarifies when and how a new convention and visitors bureau can qualify for distribution of the hotel occupancy tax proceeds.

House Bill 3391 changes how appeals for assessment of property or the tax classification are handled. It assigns appeals for such to the Intermediate Court of Appeals. The bill requires the appeal of final decisions or orders of the Office of Tax Appeals to the Intermediate Court of Appeals within 30 days of entry of the final decision or order. The new filing deadline with the Office of Tax Appeals is March 31 of the property tax year. If it’s not received by that date, then it will be dismissed. For appeals on taxability or classification of property by the Tax Commissioner, a petition of appeal must be filed within 30 days of the written notice from the Commissioner. A hearing is required within 90 days.

House Bill 3396, a supplementary appropriation, allocates funding from the State Road Fund to the Division of Highways with $70 million for Interstate Construction, $40 million for other federal aid programs, and $80 million for Appalachian Programs.

House Bill 3398 establishes the West Virginia Memorial to Fallen Heroes of the Global War on Terrorism. The bill creates a monument construction commission and directs the Division of Labor to allocate funding.

House Bill 3428 makes the West Virginia Business Ready Sites Program permanent. The program promotes economic development in the state by facilitating the construction of utility infrastructure to make sites in the state attractive for industrial development.

House Bill 3432 updates and clarifies code relating to statutory construction.

House Bill 3439 requires every child-placing agency to obtain an insurance policy in an amount of not less than $1 million per incident against liability for damages arising from any error or omission in providing child placement services. The agency must file proof of insurance with the Department of Health and Human Resources annually by January 1.

House Bill 3441 revises the training requirements for members of the Higher Education Policy Commission, the Council for Community and Technical College Education, and the institutional governing boards. The bill requires that orientation and training offered to new members of the governing bodies comprise 6 hours of instruction time which can be broken up over the member’s first year of service. After the first year, each individual is required to complete at least 4 hours of training and development each year related to duties.

House Bill 3443 mandates that any improvement on land, including any disturbance in a right-of-way, construction project, or infrastructure project that is subject to review by the State Historic Preservation Office must be conducted expediently.

House Bill 3444 adds the Cabinet Secretary of Economic Development or a designee to the semi-quincentennial commission as ex-officio voting members.

House Bill 3448 allows the Supreme Court Division of Probation Services to conduct field training for probation officers and grants a field training officer the same powers as a probation officer while performing his or her duties.

House Bill 3450 allows licensed racetracks with three or more years in services to receive $1 in recoupment from their facility modernization account for every $2 that they expend on facility modernization improvements or capital improvements at facilities located in the state that are on or contiguous to the premise of the licensed racetrack. The bill allows counties to receive one percent of net terminal income and for municipalities to receive an equal distribution of one percent of net terminal income from racetracks.

House Bill 3451 establishes different criteria for preference points and entitles veterans to those preference points based on the established criteria. Based on the qualifications, those points are added to passing employment scores for veterans and offer additional benefits in state hiring for qualifying veterans.

House Bill 3473 creates a workgroup to review and report to the Legislature on how best to create a clearinghouse that can make available information needed for the deployment of underground infrastructure in public rights-of-way in this state. The task force members include the Commissioner of the Division of Highways and representatives of the Division of Environmental Protection (DEP), the historic preservation section of the Department of Arts, Culture, and History, and any designees as may be selected by the Legislative Oversight Commission on Department of Transportation Accountability.

House Bill 3479 imposes restrictions on the operation of drones over “targeted facilities” such as chemical plants, steel mills, railyards, oil or gas refineries and pipelines, military installations, dams, water treatment facilities, wireless/radio transmission towers, and commercial airports. The bill also clarifies that restrictions on drone use do not constrain law enforcement agencies. Landowners are not limited to flying drones over their property.

House Bill 3482 creates the Coal Fired Grid Stabilization and Security Act of 2023. The Senate amendment revises the article numbering to ensure it does not conflict with any provisions within recently passed Senate Bill 188.

House Bill 3499 amends the Uniform Real Property Transfer on Death Act by clarifying what happens when a designated beneficiary of a transfer on a death deed predeceases the transferor. If the sole beneficiary of the deed predeceases the transferor, the transfer on the death deed lapses. The bill allows for transfer on death deeds to account for the right of survivorship.

House Bill 3500 amends the WV Consumer Credit and Protection Act by adding a section that allows the employees of a licensee to conduct the business of the regulated consumer lender licensee at home.

House Bill 3509, a supplementary appropriation, increases the spending authority of the Public Service Commission by $170,000 – $20,000 for personal services and employee benefits and $150,000 for current expenses.

House Bill 3510, a supplementary appropriation, increases the special revenue spending authority for the Office of Technology by $2 million for current expenses.

House Bill 3511, a supplementary appropriation, allocates $743,436 for the School Lunch Program to the State Board of Education.

House Bill HB 3512, a supplementary appropriation, increases the spending authority of Federal funds by the Division of Human Services for Medical Services ($212,000,000) and Medical Services Administrative costs ($57,142,618).

House Bill 3513, a supplementary appropriation, decreases the Debt Service of the Regional Jail and Correctional Facility Authority by $7,100,000.

House Bill 3514, a supplementary appropriation, increases the WV Birth-to-Three Fund for Current Expenses to $3,238,284.

House Bill 3515, a supplementary appropriation, increases the spending authority for the Veterans’ Facilities Support Fund by $1,500,000. 

House Bill 3516, a supplementary appropriation, increases the WV Safe Drinking Water Treatment funding to $64,753,300.

House Bill 3517, a supplementary appropriation, increases the current expenses funding for Child Care and Development to $7,566,541.

House Bill 3518, a supplementary appropriation, increases the federal spending authority for the Department of Agriculture by $3,622,591.

House Bill 3519, a supplementary appropriation, increases the spending authority for the DMV by $100,000.

House Bill 3520, supplementary appropriation, increases funding to for the current expenses of the Vocational Division of the State Board of Education to $3 million.

House Bill 3521, a supplementary appropriation, increases the spending authority for Maternal and Child Health by $1 million

House Bill 3522, a supplementary appropriation, increases the spending authority for the DNR- Wildlife Resources by $200,000. 

House Bill 3523, a supplementary appropriation, allocates $5,000,000 to the Economic Development Authority.

House Bill 3524, a supplementary appropriation, increases the spending authority for the Department of Agriculture- WV Spay Neuter Assistance Fund by $400,000.

House Bill 3526, a supplementary appropriation, increases the spending authority for the Public Service Commission by $3,048,780 – $248780 for repairs and alterations and $2.8 million for Debt payment/capital outlay.

House Bill 3527, a supplementary appropriation, allocates $15 million of the State Excess Lottery Revenue Fund to the Department of Education for equipment. The bill also allocates $25 million to the School Building Authority.

House Bill 3528, a supplementary appropriation, increases the spending authority of the Hospital Services Revenue Account by $29,877,096.

House Bill 3529, a supplementary appropriation, increases the spending authority of the Division of Rehabilitation Services by $34 million for current expenses.

House Bill 3542, a supplementary appropriation, expires $50 million from the Mine Subsidence Insurance Fund to the Public Entity Insurance Trust Fund.

House Bill 3547 increases the number of personal leave days that county board of education employees may use without regard to the cause for the absence from four to five. The bill removes the requirement that a teacher finds their own substitute for those days.

House Bill 3552 permits counties to seek reimbursement from municipalities for one day of per diem jail fees when (1) the incarceration was made by municipal police, (2) the incarceration was not a municipal violation, (3) when municipal police are from class I, II, or III municipality-with population greater than 4,000, or (4) reimbursement is sought pursuant to a memorandum of understanding.

House Bill 3553, a supplementary appropriation, allocates $250,000 to the Chief Medical Examiner.

House Bill 3555 allows institutions to work with booksellers, publishers, or other third parties to offer a courseware and book fee at a lump sum or per credit hour amount if an opt-out option is offered to students in advance of the start of each academic term.

House Bill 3557, a supplementary appropriation, increases the spending authority of the Department of Veterans’ Assistance by $750,000 for buildings.

House Bill 3559 defines a newborn safety device as a device that permits a person to anonymously place a child within 30 days of the child’s birth in the device with the intent to leave the child and for a licensed emergency medical services provider to remove the child from the device and take custody of the child. The bill grants anonymity and freedom from pursuit to any person who relinquishes a child in a newborn safety device, unless in cases where evidence of child abuse or neglect is present.

House Bill 3560 adds rock climbing, bouldering, caving, rappelling, and slacklining to the list of recreational activities.

House Bill 3563, a supplementary appropriation, increases the spending authority of the Division of Human Services’ current expenses by $65,750,000 and the federal coronavirus pandemic by $68,579,000.

House Bill 3564, a supplementary appropriation, transfers $20 million within the Divisions of Human Services- Energy Assistance from the federal coronavirus pandemic to current expenses.