Tuesday, March 31, 2026
Tuesday, March 31, 2026

2026 Completed Legislation Part 5

306 Bills completed legislative action (153 House Bills, 153 Senate Bills)
2777 Bills were introduced (1693 House Bills, 1084 Senate Bills)

Senate Bill 586 modifies regulations for public water systems by establishing two categories for backflow prevention assemblies, which are devices designed to prevent contaminated water from flowing back into the clean water supply.

Specifically, the Secretary of the Department of Health can no longer mandate inspections of “low-hazard” backflow prevention assemblies, defined as those that might cause minor aesthetic issues or indirectly affect water quality, more often than once every three years. Conversely, “high-hazard” assemblies, which pose a risk of introducing disease-causing organisms or harmful substances into the water supply, must be inspected annually.

Senate Bill 587 adjusts the salary schedules for elected county officials in West Virginia, including county commissioners, sheriffs, county clerks, circuit clerks, county assessors, and prosecuting attorneys, with increases scheduled for July 1, 2022, and July 1, 2026.

It also eliminates the requirement for the State Auditor to certify that a county’s fiscal condition has improved sufficiently to cover salary increases and removes the need for officials to formally request the pay raise to receive it, based on legislative findings that these officials have been assigned new and additional duties by state and federal laws, as well as through increased property valuations in their counties.

Senate Bill 592, the West Virginia Short Line Railroad Modernization Act, establishes a tax credit program for eligible taxpayers, which include Class II or Class III short line railroad companies in West Virginia, and owners or lessees of rail sidings or industrial tracks connected to these railroads.

The credit is designed to incentivize investments in rail infrastructure and maintenance. Specifically, eligible taxpayers can receive a tax credit equal to 50 percent of their “qualified short line railroad maintenance expenditures,” which cover costs like track repair, bridges, and safety equipment, or 50 percent of their “qualified new rail infrastructure expenditures,” which include acquiring rights-of-way, building new track, and improving loading docks.

There are limitations on the credit amounts under the bill: for maintenance, it’s capped at $5,000 per mile of track, and for new infrastructure, it’s limited to $2 million per project with an overall annual cap of $5 million for all credits.

To claim the credit, taxpayers must submit a certificate of eligibility or an application to the West Virginia Department of Revenue, and approved credits will be issued via a certificate. Unused credits can be carried forward for up to five years and can also be transferred or sold to other taxpayers. The Act also mandates a review and accountability report every two years starting in 2029 to assess the program’s cost-effectiveness. It will be in effect from January 1, 2027, until July 1, 2031, unless reenacted by the Legislature.

Senate Bill 603 amends West Virginia law concerning the Property Valuation Training and Procedures Commission.

Key changes include requiring that one of the five citizen members of the commission must have a demonstrated background in or knowledge of agriculture, as defined by state law, starting after the expiration of current citizen member terms in 2026.

The bill also clarifies the nomination process for county assessors, specifying that the West Virginia Assessors Association must nominate three assessors who meet commission-approved standards, and that preference may be given to assessors who hold certifications from organizations recognized by the Appraisal Foundation.

Senate Bill 607 amends West Virginia law to allow airport authorities to use federally approved project delivery methods for airport capital improvement projects, specifically those funded by the Federal Aviation Administration (FAA) Airport Improvement Program or Airport Terminal Program.

These alternative methods, such as integrated project delivery, construction manager-at-risk, and design-build, are authorized if they comply with FAA standards for design, engineering, and safety, and such compliance will satisfy West Virginia’s own procurement requirements.

Senate Bill 617 establishes new protections for “eligible adults” (defined as individuals 65 or older, or younger adults with a substantial mental or functional impairment or a court-appointed guardian, and about whom the financial institution has knowledge of this impairment or guardianship) from financial exploitation, which is defined as the wrongful taking or unauthorized use of an eligible adult’s money, assets, or property, or obtaining control over it through deception, intimidation, or undue influence.

Depository institutions, such as banks, are permitted, but not required, to delay or refuse transactions, withdrawals, account changes, or beneficiary designations if they suspect financial exploitation of an eligible adult, with such delays generally lasting up to 15 business days, extendable under certain conditions.

These institutions are also authorized to report suspected financial exploitation to a designated state agency, like the Department of Human Services Bureau for Social Services or the Attorney General and may notify an “associated third-party” (such as a designated emergency contact, close family member, or legal representative) of their suspicions, with these disclosures being exempt from standard privacy laws.

Depository institutions and their employees are granted immunity from liability for actions taken in good faith and in accordance with this article, including reporting suspicions, delaying transactions, or choosing not to act.

Senate Bill 622 extends the termination date for the Innovative Mine Safety Technology Tax Credit, which is a tax incentive designed to encourage the development and adoption of new technologies that improve safety in mines, until December 31, 2030.

Senate Bill 640 is intended to enhance the privacy of individuals involved in political campaigns by prohibiting the public release of certain personal information. Specifically, it prevents the disclosure of a campaign contributor’s home address and employer information, as well as the address of treasurers, from public records, including government websites and responses to public information requests.

This protection is set to take effect on January 1, 2027, and applies to financial statements filed on or after that date. The bill also mandates that financial statements for local elections (city, county, or municipal) must be filed with the Secretary of State.

Furthermore, the bill establishes penalties for violations, including a misdemeanor charge for state or local officials who knowingly and willfully disclose this protected information, and a civil penalty of $1,000 for government entities that fail to remove or redact the information within 10 business days after being notified of the violation.

Senate Bill 641 modifies regulations concerning aboveground storage tanks (ASTs) in West Virginia by updating definitions, adjusting exceptions, and introducing new notification periods for certain tank classifications.

Specifically, it refines the definition of an AST and clarifies exceptions for various types of containers and devices, including those used for farm purposes, wastewater treatment, and specific industrial fluids, with certain exemptions not applying in designated “zones of critical concern” or “zones of peripheral concern” which are areas near public water sources identified as needing extra protection.

The bill also establishes a nine-month notice period before existing ASTs in newly designated zones of critical concern or peripheral concern can be reclassified as regulated Level 1 or Level 2 tanks, respectively, providing owners time to comply with new regulations.

The bill also allows for the use of remote, non-destructive examination technologies during periodic physical tank inspections, aiming to reduce the need for human entry into confined spaces for safety reasons.

Senate Bill 643 terminates the West Virginia Supreme Court of Appeals Public Campaign Financing Program, which was a pilot program designed to provide public funding for campaigns for the state’s Supreme Court of Appeals justices.

The program will officially end on June 30, 2026, and any remaining funds in the associated fund will be transferred to the state’s General Revenue Fund.

Senate Bill 645 is intended to prevent “surprise billing” for ground emergency medical services by non-participating providers, meaning situations where a patient receives emergency care from an ambulance service that is not in their insurance network and is then billed for the difference between the provider’s charge and what the insurance paid.

Starting January 1, 2027, for health insurance policies, insurers will be required to pay for non-participating ground ambulance services directly, considering this payment as full for the service except for the patient’s usual copayments, coinsurance, and deductibles.

The payment rate will be either 200 percent of the Medicare rate for similar services or the ambulance agency’s billed charges, whichever is less. Patients will not be billed for any additional amount beyond their standard cost-sharing.

Insurers must process “clean claims” within 30 days and provide a written explanation if a claim is denied, detailing the specific reasons for denial or requesting necessary additional information.

This legislation applies to various types of health insurance policies, including those from hospital service corporations, medical service corporations, and health maintenance organizations (HMOs), but excludes insurers contracted with the Bureau for Medical Services for Medicaid or CHIP.

Senate Bill 648, the Strategic and Critical Resources Act, establishes uniform statewide regulations for the development and availability of essential minerals and materials vital for national security, economic stability, and energy reliability in West Virginia.

It defines “strategic and critical resources” broadly to include a specific list of minerals and metals, as well as any materials later designated as critical by federal agencies or presidential determination and also includes any “host material” from which these resources can be economically recovered.

The act’s primary purpose is to promote the extraction and availability of these resources by asserting state authority and preempting local governments from enacting ordinances that would prohibit or restrict the extraction or development of facilities for these resources, with specific exceptions for certain local taxes, fees, and utility charges.

Senate Bill 649 expands Medicaid coverage in West Virginia to include home blood pressure monitoring devices for certain recipients.

Specifically, once funding from the Rural Health Transformation Program for these devices is exhausted, Medicaid enrollees diagnosed with uncontrolled hypertension who are pregnant or within 12 months postpartum will be eligible for a validated blood pressure monitoring device.

The bill also mandates that the Bureau for Medical Services will create a state plan amendment to cover these devices, including an extra cuff, and related services like patient training and interpretation of readings, ensuring that the devices meet validation standards from the United States Blood Pressure Validated Listing.

Senate Bill 650 modifies the regulations for teacher-pupil ratios and classroom support staff in West Virginia schools, specifically focusing on the use of full-time interventionists in early grade classrooms.

The bill clarifies that a full-time interventionist can be assigned to up to two classrooms to help satisfy staffing requirements, with a key exception: this does not apply to kindergarten and first-grade classrooms.

For kindergarten and first grade, any assistant teacher, aide, paraprofessional, or interventionist must be assigned full-time to that specific classroom to meet the requirements. If a full-time interventionist is not available, a part-time interventionist can be used, but they can only be assigned to one classroom.

Senate Bill 659 establishes new regulations for accessory dwelling units (ADUs), which are defined as self-contained living spaces on the same property as a primary single-family home, with their own cooking, sleeping, and bathroom facilities.

The bill prohibits municipalities from enacting policies that prevent or unduly restrict the creation of at least one ADU “by right,” meaning it can be approved without special permits or hearings, as long as it meets certain size requirements (no more than 75 percent of the main home’s square footage or 1,000 square feet, whichever is smaller). Municipalities are also barred from requiring extra parking for ADUs, demanding they perfectly match the main home’s exterior (unless in a historic district), requiring familial relationships between occupants, imposing excessive impact fees (over $250), or mandating street improvements unless directly impacted by construction.

Senate Bill 670, titled “Adopting Uniform Protected Series Act,” introduces significant changes to West Virginia law by creating new frameworks for business entities, specifically “series limited liability companies” (series LLCs) and “decentralized unincorporated nonprofit associations.”

For series LLCs, the bill establishes “protected series,” which are distinct legal entities within a parent LLC, allowing for the segregation of assets and liabilities for different business lines or projects. This means that the debts or obligations of one protected series generally won’t affect the assets of another protected series or the parent LLC. The act also clarifies rules regarding the naming, formation, management, and liability of these protected series, and updates the Uniform Commercial Code to recognize a protected series as a “person.”

Concurrently, the bill creates the “Decentralized Unincorporated Nonprofit Association Act,” which recognizes and provides a legal structure for nonprofit associations that utilize distributed ledger technology, such as blockchain, and have at least 100 members.

Senate Bill 672 clarifies and expands the grounds upon which the West Virginia Real Estate Commission (WVREC) can refuse, suspend, or revoke a real estate license, aiming to ensure ethical and professional conduct within the industry.

It specifically addresses situations involving misrepresentation, false promises, misleading advertising, mishandling of client funds, undisclosed compensation, and discrimination. The bill also introduces new provisions regarding real estate “teams,” which are groups of licensees working together, requiring them to register with the WVREC, identify a team lead, and for team leads to complete additional training.

Senate Bill 686 the Coal Co-tenancy Modernization and Miners Protection Act, is intended to update regulations for coal mining in West Virginia, particularly concerning shared ownership of coal estates, which are the rights to extract coal.

It allows an operator to proceed with mining if at least three-fourths of the undivided interests in the coal estate consent to the development, provided reasonable efforts have been made to negotiate with all known owners.

This consent makes the mining permissible and not considered “waste” (unnecessary destruction or depletion of resources) or “trespass.”  Non-consenting co-tenants, including those whose identities or locations are unknown or unlocatable, are entitled to a production royalty, which is a percentage of the revenue from the coal sold, with a minimum of seven percent.

Interests belonging to unknown or unlocatable owners will be reported to and held by the State Treasurer in a special fund, the Unknown and Unlocatable Coal Interest Owners Fund, which can be invested.

Senate Bill 690 expands the West Virginia Division of Highways’ (DOH) ability to use alternative methods for procuring construction projects, aiming to expedite highway development.

Specifically, it increases the monetary limits for the existing Highway Design-Build Program, which combines the design and construction phases of a project into a single contract, allowing for higher project and annual spending caps, especially for projects financed with bonds.

The bill also introduces a new Construction Manager/General Contractor (CM/GC) contracting procedure, which is a method where a construction manager acts as a general contractor, and sets similar monetary limits for this program as well.

Senate Bill 692 authorizes the use of green flashing warning lights on vehicles operated by the Division of Highways (DOH), and on other vehicles or equipment that the Commissioner of the DOH specifically designates in writing.

Senate Bill 694 removes the requirement that a county superintendent of schools must live in the county where they work or in a neighboring county.

Instead, the bill allows the local county board of education to decide if the superintendent must reside within the county.

Additionally, the bill gives county boards the authority to prevent superintendents from working remotely, though they can also create exceptions to this rule.

Senate Bill 697 clarifies the authority of the Commissioner of Highways regarding access points to and from state highways, particularly for commercial, industrial, or mercantile properties.

It establishes new criteria for determining when a “change of use” occurs at an existing entrance, which would trigger the need for a new permit or modifications, focusing on significant increases in traffic volume, heavy vehicle usage, or documented safety issues.

The bill also provides exemptions for temporary forestry and logging operations, as well as routine agricultural activities, from being considered a change of use.

Senate Bill 701, effective July 1, 2026, modifies how sheriffs in West Virginia are compensated for collecting property taxes by establishing a tiered commission system.

Currently, sheriffs act as county treasurers and are responsible for collecting various taxes.

This legislation acknowledges that sheriffs have taken on increasing duties over time, justifying adjustments to their commissions. Under the new system, a sheriff’s commission will be a fixed dollar amount based on the percentage of total real and personal property taxes they successfully collect within a fiscal year.

Specifically, if a sheriff collects between 85 percent and less than 90 percent, they will receive $20,000; if they collect between 90 percent and less than 95 percent they will receive $25,000; and if they collect 95 percent or more, they will receive $30,000. These commissions will be charged against the funds for which the taxes are collected and will be considered part of the sheriff’s regular annual compensation.

Senate Bill 703 adopts the Social Work Licensure Compact, which establishes a framework for social workers to practice across state lines more easily.

The Compact is intended to increase access to social work services, reduce redundant licensing requirements, and improve public safety by allowing licensed social workers to practice in any member state with a single multistate license, provided they meet the requirements of their home state.

The bill creates a Social Work Licensure Compact Commission to oversee the agreement, establishes criteria for states to join and maintain membership, and outlines the qualifications and responsibilities of social workers participating in the Compact.

Senate Bill 705 establishes a new crime in West Virginia called “theft by conversion,” which occurs when someone lawfully receives money or property under an agreement or obligation to use it for a specific purpose but instead knowingly uses it for their own benefit.

The bill defines “property” to include leased or rented personal property, and “personal property” as items worth over $100 (excluding late fees) such as heavy equipment, tractors, and farm equipment.

Penalties vary based on the value of the converted property: a misdemeanor offense for amounts less than $2,500, punishable by up to a year in jail and a $1,000 fine, and a felony offense for amounts of $2,500 or more, punishable by one to ten years in prison and a $2,500 fine. Additionally, convicted individuals will be required to provide restitution to victims, and the bill specifies that legal proceedings can take place in multiple counties, including where the defendant or victim lives, where the property is located, or where the agreement was made.

Senate Bill 712 allows the West Virginia Division of Highways to permit the installation of cattle guards on certain public roads, specifically those classified as local access, farm-to-market, or dead-end roads that are not major state or federal routes and are located in areas with active farming or livestock operations.

Senate Bill 717 modifies disability and retirement benefits for municipal police and firefighters.

Members who previously qualified for total disability incurred not in the line of duty and are at the Social Security normal retirement age will no longer be required to provide their tax return and relief fund to receive the total disability incurred not in the line of duty.

Senate Bill 719 modifies the Police Officers and Firefighters retirement system.

This bill allows Municipal Police Officers and Firefighters the ability to use leave days for their retirement credit and modify statutory provisions pertaining to campus police officers’ election to participate in the Municipal Police Officers and Firefighters Retirement System.

Senate Bill 723 clarifies state law governing cooperation between West Virginia law enforcement agencies and agencies in bordering states. The bill updates definitions and outlines procedures for temporary assistance between state, local, and bordering-state law enforcement agencies.

One of the terms updated in the bill is “law-enforcement agency,” clarifying that the definition includes federal, state, and local agencies authorized to enforce criminal law, such as State Police, municipal police departments, sheriffs’ offices, and the Division of Forestry.

Senate Bill 724 modifies retirement eligibility for home confinement officers in West Virginia. This bill allows certain home confinement officers to join the Emergency Medical Services Retirement System even if they are not certified law enforcement officers. Eligible officers have additional time to choose whether they want to participate, expanding access to retirement benefits.

Senate Bill 726 removes the previous 30 percent limit on municipal stabilization funds in West Virginia. Municipalities can now create a financial stabilization fund by a majority vote of their governing body. The fund can receive appropriations, gifts, grants, and other available money. Local governments can deposit any surplus from their General Fund or other funds into this stabilization fund.

Senate Bill 741 expands the pilot program to implement the involuntary commitment process.

West Virginia’s pilot program for involuntary commitment is a trial project intended to make the process safer and more effective. Selected counties test new procedures such as trained alternative transport to hospitals, quick mental health evaluations, and audits to ensure commitments are justified.

This bill expands the pilot program by adding the counties of Hampshire, Morgan, Ohio, and Wood to implement an involuntary commitment process.

Senate Bill 742 revises procedures related to involuntary hospitalization in hospital settings.

This bill permits an authorized staff physician to order a 72-hour involuntary hold if the physician determines an individual is mentally ill and likely to cause serious harm to themselves or others, without first contacting a list of enumerated individuals.

This bill is intended to extend the time frame to file a mental hygiene petition from 24 hours to 72 hours following hospitalization.

Senate Bill 744 requires that, within 24 hours, the commissioner of the Critical Incident Review Team notify the Office of the Inspector General of a child fatality or near fatality to convene.

The Office of Inspector General must submit an initial report within 75 days of the fatality or near fatality to the Legislative Oversight Commission on Health and Human Resources Accountability, with updated reports every 90 days.

Senate Bill 749 allows the Berkeley County Commission to create an Economic Opportunity Development District and levy a special district excise (sales) tax within that district. The district must hold a public hearing and get approval from the West Virginia Development Office.

Senate Bill 755 eliminates the requirement that state agencies file annual progress reports on small, women, and minority-owned business procurement to the Department of Administration.

The bill defines the term “small business” as an independently owned or operated by one or more persons who are citizens of the United States or noncitizens who are in full compliance with United States immigration law and have 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

Senate Bill 772 declares several claims against state agencies as “moral obligations” and order payments. The West Virginia Legislative Claims Commission reviewed the claims and recommended compensation. The Legislature directs West Virginia State Auditor’s Office to pay them.

Senate Bill 781 moves and allocates surplus state funds for higher education:

23,983,793 is taken from the Office of Governor of West Virginia Civil Contingent Fund and returned to the state’s surplus balance.

$38,983,793 is then appropriated to the West Virginia Higher Education Policy Commission for institutional deferred maintenance.

Senate Bill 784 moves $150,000 in federal funds within the West Virginia Department of Human Services Substance and Abuse Prevention and Treatment Program.

Senate Bill 785 adds funding to the West Virginia Department of Health Laboratory Services Fund for fiscal year 2026:

  • $250,000 for staff pay and benefits.
  • $250,000 for equipment.
  • $300,000 for current expenses.
  • Total: $800,000 to support state laboratory services.

Senate Bill 786 shifts $1,810,238 within the West Virginia Department of Human Services Child Support Enforcement Fund.

Senate Bill 787 adds $600,000 in state General Revenue funding for current expenses of the West Virginia Division of Forestry, part of the West Virginia Department of Commerce, for the fiscal year 2026.

Senate Bill 788 provides additional funding to Workforce West Virginia under the West Virginia Department of Commerce. It adds $2,000,000 from the state’s General Revenue surplus. The money is for current expenses in fiscal year 2026.

Senate Bill 791 increases funding for the West Virginia Division of Emergency Management (within the West Virginia Department of Homeland Security). It adds $230,000 from the state’s General Revenue. The money is for current expenses in fiscal year 2026.

Senate Bill 793 clarifies courthouse closure on certain days, days considered a legal holiday, and how court deadlines and legal proceedings are handled when they fall on legal holidays, emergency closures, or designated days of local significance.

Days considered legal holidays contain but aren’t limited to:

  • January: 1 New Year’s Day
  • The third Monday of January: Martin Luther King’s Birthday
  • The third Monday of February: President’s Day
  • The last Monday in May: Memorial Day
  • June 20: West Virginia Day

The bill also defines “day of local significance” as a date on which a locally observed special occasion, such as a fair, festival, parade, or celebration, makes the general transaction of court business in that county impractical.

Senate Bill 794 clarifies the appeals of adoption orders or decrees cannot go to the Intermediate Court of Appeals. Instead, those appeals go directly to the Supreme Court of Appeals of West Virginia. The bill updates the jurisdiction rules to explicitly exclude adoption cases from the Intermediate Court of Appeals of West Virginia.

Senate Bill 796 requires the distribution of official West Virginia court reports. The West Virginia court reports include written opinions and rulings, case summaries, legal citations, dockets, court orders, annotations or headnotes.

Senate Bill 800 updates jury selection rules, including the following:

Random Selection: Jurors come from a master list (tax filers, voters, or drivers)          ensuring a fair cross section.

Juror Forms: Prospective jurors fill out qualifications’ forms; lying is a misdemeanor.

Jury Wheel: Names are drawn electronically; minimum juror numbers depend on county size.

Disqualifications: Non-citizens, under 18, non-English speaker (or ASL users without accommodation), and certain convicted felons are disqualified unless pardoned or expunged.

Senate Bill 814 adds $70,357,538 in surplus funds to the Hope Scholarship Program through the State Department of Education, supporting scholarships for eligible students in the 2026 fiscal year.

Senate Bill 816 provides $132,000 in surplus funds to the Fusion Center within the Office of the Secretary of the Department of Homeland Security. The funding is intended to support the center’s operations for the remainder of the fiscal year.

Senate Bill 817 allocates $1 million in surplus funds to the Northern Regional Juvenile Center under the Bureau of Juvenile Services in the Department of Homeland Security. The funding is intended to support operations and programs at the center for the remainder of the fiscal year.

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