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 Â 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 Â 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.
