Senate Bill 522 clarifies the administrative dissolution procedure for limited liability companies (LLCs) in West Virginia by specifying the Secretary of State’s steps when dissolving an LLC. Under the bill, if the Secretary of State determines grounds for administrative dissolution exist, they must first send a certified mail notice to the LLC explaining the reasons for potential dissolution. The LLC then has 60 days to either correct the grounds for dissolution or demonstrate to the Secretary of State’s satisfaction that the grounds do not exist. If the LLC fails to do so, the Secretary of State will administratively dissolve the company by signing and filing a dissolution certificate, which will be electronically sent to the company if an email address is available. An administratively dissolved LLC can continue to exist but is limited to winding up its business affairs, liquidating its assets, and notifying creditors. The bill also explicitly states that administrative dissolution does not terminate the company’s agent for service of process.
Senate Bill 525 clarifies the administrative dissolution procedure for nonprofit corporations in West Virginia, specifying the steps the Secretary of State must take when dissolving a corporation for failing to meet specific legal requirements. Under the bill, if the Secretary of State identifies grounds for administrative dissolution, they must first send a certified mail notice to the corporation explaining the specific issues. The corporation then has 60 days to correct the identified problems or demonstrate that the grounds for dissolution exist. Suppose the corporation fails to address the issues within this timeframe. In that case, the Secretary of State can proceed with administrative dissolution by filing a certificate of dissolution and sending an electronic notice to the corporation if an email address is available. Importantly, even after administrative dissolution, the corporation continues to exist but can only conduct business necessary to wind down its operations, such as liquidating assets and notifying creditors. The bill also clarifies that administrative dissolution does not terminate the authority of the corporation’s registered agent, providing further procedural clarity for nonprofit organizations in the state.
Senate Bill 526 updates the scope of practice for licensed pharmacists in West Virginia, expanding their ability to prescribe certain drugs under specific conditions. Pharmacists will now be authorized to prescribe drugs that align with FDA-approved labeling, but only for limited conditions where they have taken a patient’s medication history. Specifically, they can prescribe medicines after conducting waived clinical tests for conditions like influenza, SARS-COV-2, and RSV or refill an expired epinephrine injection device prescription. The bill requires pharmacists to notify the patient’s primary care physician within 72 hours of conducting a test and prescribing medication. Prescriptions are restricted to a 30-day supply within six months, and if the prescription exceeds 10 days, the pharmacist must inform the primary care physician. If no primary care physician is identified, the pharmacist must attempt to refer the patient to one. The legislation does not allow pharmacists to prescribe controlled substances and maintains existing provisions about pharmacists’ other professional responsibilities, such as drug administration, patient counseling, and medication therapy management.
Senate Bill 531 amends West Virginia law to provide stronger legal protections for athletic officials and participants during sporting events by establishing clear definitions and penalties for assault and battery. The bill defines “athletic official” as anyone who enforces rules or supervises at a sports event, such as referees, umpires, coaches, and staff and defines “participant” as players or team members during a game. Under the new provisions, if someone commits assault against an athletic official or participant, they will be charged with a misdemeanor and face a fine between $250 and $500, plus jail time of 5-6 months. Battery against an athletic official or participant carries more severe penalties, including a $500-$1,000 fine and 10-12 months in jail. Additionally, county boards of education and higher education governing boards can ban convicted individuals from state school sports events for a minimum of 365 days, and anyone who refuses to leave such an event after receiving the written notification can be prosecuted for trespass.
Senate Bill 537 continues the West Virginia Mothers and Babies Pregnancy Support Program, which the Bureau administers for Public Health, and establishes guidelines for funding pregnancy help organizations. Under the program, eligible pregnancy help organizations can receive funding for various purposes, including capital expenditures, adding new services, meeting licensing and accreditation requirements, and staff and volunteer training. The bill explicitly prohibits abortion industry organizations from receiving program funds. The funding will be distributed through a fee-per-service arrangement, with specific fees and hours to be determined by the managing agency. The program aims to support organizations that provide pregnancy-related services, focusing on helping mothers and babies while maintaining strict guidelines about which types of organizations can receive state funding.
Senate Bill 538 permanently removes the sunset date on provisions that allow land reuse agencies and municipal land banks to purchase specific tax-delinquent properties before they are offered at public auction. The bill expands the criteria for these entities to acquire tax-delinquent properties, which include properties valued at $50,000 or less, properties with municipal liens exceeding back taxes, properties on a vacant property registry for 24 months or more, properties previously sold at tax sales without redemption, or condemned properties. When a land reuse agency or municipal land bank acquires such a property, they must notify adjacent property owners within 15 days and provide them 120 days to express interest in purchasing the property at the agency’s acquisition cost. The agency can refuse to sell to an adjacent property owner if they meet specific disqualifying criteria. Additionally, these entities must submit an annual report to the West Virginia Land Stewardship Corporation detailing their activities, and the Joint Committee on Government and Finance is granted the power to audit these activities. It can subpoena the land reuse agencies or municipal land banks.
Senate Bill 561 introduces the Uniform Special Deposits Act, which establishes a comprehensive legal framework for a new type of bank deposit arrangement called a “special deposit.” A special deposit is a specific type that must involve at least two beneficiaries, be for a permissible purpose (such as escrow, security deposits, or distribution of funds), and be subject to a contingency. The bill defines key terms and provides detailed rules about how these special deposits can be created, managed, and terminated. Neither the depositor nor the beneficiary has a property interest in the special deposit itself, and the bank does not have a fiduciary duty. The legislation limits a bank’s liability, prevents most creditor claims against the special deposit, and prohibits most forms of recoupment or set-off by the bank. Unless specified in the account agreement, a special deposit automatically terminates after five years. The remaining balance is returned to the depositor if the beneficiary cannot be located.
Senate Bill 565 expands the scope of practice for optometrists in West Virginia by establishing a comprehensive framework for laser procedure certification and updating existing regulations. The legislation defines new terms, creates a certification process for optometrists to perform specific laser procedures, and outlines detailed education, training, and treatment guidelines requirements. Specifically, certified optometrists will be able to perform three primary laser procedures: posterior capsulotomy (treating clouding after cataract surgery), peripheral iridotomy (addressing angle-closure glaucoma), and selective laser trabeculoplasty (reducing intraocular pressure). To obtain certification, optometrists must complete a rigorous training program involving supervised procedures, demonstrate clinical proficiency, and meet educational requirements. The bill mandates that certified optometrists follow strict safety guidelines, report adverse outcomes, and adhere to established medical standards. The legislation prohibits optometrists from performing laser procedures on pediatric patients and limits their practice to board-approved treatments. The bill also updates the board’s rule-making authority, expands the drug formulary optometrists can prescribe, and exempts these new laser procedures from specific administrative review requirements.
Senate Bill 573 prohibits state agencies and political subdivisions in West Virginia from restricting motor vehicle use, purchase, or sale based on their energy or power source. The legislation broadly defines “motor vehicle” to include self-propelled transportation devices like farm tractors and implements of husbandry but excludes electric bicycles. The bill applies specifically to the use of vehicles on publicly maintained rights-of-way. It does not prevent state agencies or political subdivisions from establishing internal rules or policies regarding vehicle use, purchase, or sale.
Senate Bill 576 authorizes fixed odds wagering on horse and dog racing in West Virginia, creating two new special revenue accounts in the state treasury to support racing purses. The bill establishes detailed rules for how fixed odds wagering will be conducted, including the fact that it can only be done by licensed operators and must comply with existing interstate racing regulations. For horse and dog racing, 10 percent of the adjusted gross wagering receipts will be collected, with 25 percent of those funds going into a new Purse Supplement Fund and 25 percent distributed equally among licensed racetracks. The funds can be used to support racetrack operations and capital improvements. The bill also prohibits specific individuals from placing wagers, specifically racing officials, owners, trainers, jockeys, and employees participating in the race on which they want to bet. The West Virginia Lottery Commission will regulate these new wagering activities, including developing rules for the acceptance of wagers, protection of patrons, and responsible gaming practices.
