This bill clarifies who may be present near polling places during elections for non-voting activities, such as business operations or normal activities that typically occur at the location. It specifies that people living or working within 100 feet of the entrance may remain for legitimate business (e.g., local merchants), but cannot enter the voting area. The bill also permits drivers to drop off voters within 100 feet (and stay for voters with disabilities until they depart) and sets limits on polling place order, including a five-foot distance from voting booths and ballot boxes. These changes aim to reduce confusion while maintaining election integrity.
HB 5338, the Health Freedom for Teachers and Students Act, prohibits West Virginia public schools from requiring teachers, staff, or students to receive immunizations or medical treatments as a condition of employment or enrollment. The bill also bans school employees from coercing or intimidating others into receiving such treatments. It amends state law to establish these protections immediately upon passage, directly affecting all public school employees and students in West Virginia. The legislation removes mandatory vaccination or medical treatment requirements that previously applied to school settings.
HB 5377, the Burial Equity Act, expands eligibility for burial in West Virginia's state veterans' cemetery to include former National Guard and military reserve members (such as IMA, AGR, ART, and TR) who served at least four years, were West Virginia residents for two years before death, or served in the West Virginia National Guard, with retroactive application to deaths after March 15, 2022. It creates a Burial Equity Grant Program administered by Veterans Affairs, providing up to $1,000 per family to cover burial costs on a first-come, first-served basis. The bill also establishes a dedicated Burial Equity Fund in the state treasury, initially funded with $50,000 from the legislature, plus federal funds and private donations, to sustain the grant program without annual budget reversion.
HB 5335 prohibits sexual abuse of animals in West Virginia, defining it as touching an animal’s mouth, anus, or sex organs for sexual gratification. It creates new misdemeanor and felony offenses with penalties including fines ($300-$10,000), jail time (up to 10 years), and mandatory forfeiture of the animal to the owner. Convicted individuals face minimum 5-year (misdemeanor) or 15-year (felony) bans on owning animals, plus costs for animal care and a required psychiatric evaluation. The bill directly affects anyone engaging in or facilitating sexual abuse of animals, including those who permit it on their property or involve minors.
HB 5376 requires toxicology tests to be performed on drivers involved in any vehicle crash that results in death. The bill mandates these tests be conducted "as soon as possible" following a fatal accident. It directly affects drivers involved in crashes causing death, ensuring their blood or urine is tested for drugs or alcohol. The law, named "Erin’s Law" in the bill, adds this requirement to existing West Virginia traffic safety statutes without changing penalties for hit-and-run offenses.
This bill creates the West Virginia Housing Stability Fund to provide housing vouchers and utility bill assistance to families and children facing housing instability. Administered by the Department of Human Services, the fund will receive state appropriations, grants, donations, and investment income to disburse grants to child welfare agencies, housing authorities, and qualifying nonprofits. These organizations will use the funds to directly provide housing assistance vouchers and utility bill help to eligible residents, targeting those at risk of homelessness or unsafe living conditions. The legislation aims to reduce evictions, child welfare referrals, and foster care placements by addressing housing costs and utility affordability.
SB 837 amends West Virginia law to strengthen protections against fraudulent financing statements, which are legal documents used to secure loans against property. It requires debtors who believe a fraudulent statement was filed to submit an affidavit to the Secretary of State, along with written notice to all affected secured parties (lenders or creditors) at least 30 days before filing. The bill gives the Secretary of State new authority to investigate suspected fraud, reject invalid filings, and request additional documentation, while increasing penalties for violations to include fines, jail time (up to 5 years for repeat offenses), and civil liability for damages up to $10,000 plus attorney fees. This directly affects debtors, creditors, and the Secretary of State’s office by creating a clearer process to challenge and prevent fraudulent filings.
HB 5326 increases the amount of pension income subject to annual cost-of-living adjustments (COLA) for retired municipal police officers, firefighters, and water/sewage system employees from $15,000 to $30,000 per year. Currently, only the first $15,000 of a retiree’s pension was adjusted for inflation each year; this change extends the COLA calculation to the first $30,000. The bill does not alter the 4% annual COLA cap or the two-year waiting period for new retirees. This policy change directly affects eligible retired municipal public safety and utility workers by providing broader inflation protection on their pension benefits.
HB 5340 creates a new property tax classification for timberland leased for carbon credits, requiring the lease to generate at least $10,000 annually in carbon credit income. Landowners with 10 or more contiguous acres of timberland meeting the state's "managed timberland" definition (including sustainable forest management plans) can apply for this classification through the Tax Commissioner's certification. Once certified, the property will be assessed under this new tax classification for property tax purposes, with the classification remaining stable unless the land's use changes or the property's tax class shifts between Class III and IV. This aims to provide tax consistency for landowners participating in carbon credit programs while encouraging sustainable forest management.
HB 5380 would remove a current restriction in West Virginia law that limits individuals to one expungement of criminal convictions. Under existing rules, people with multiple eligible convictions could only have one set of charges erased from their records. This bill would allow eligible individuals to seek expungement for multiple convictions, provided they meet other criteria like waiting periods and avoid excluded offenses (e.g., violent crimes or DUI). It directly affects people with multiple qualifying convictions who currently cannot clear all their records. The bill does not change existing waiting periods or the list of ineligible offenses.
HB 5347 requires volunteer and part-volunteer fire companies or departments in West Virginia to be members in good standing with the West Virginia State Firemen’s Association to qualify for funding from the Fire Protection Fund. "Good standing" means having current membership without overdue dues exceeding 90 days and no active suspension or expulsion by the Association. The bill maintains existing requirements like submitting fire loss data, completing firefighter training, and complying with federal/state laws (e.g., NFPA, OSHA). It applies directly to eligible fire companies seeking fund allocations, with temporary exemptions for disaster-affected organizations and a 90-day grace period for compliance.
HB 5334 protects residential tenants in West Virginia who face safety threats. It allows tenants to end leases without penalty if they fear imminent violence from domestic abuse, sexual conduct, stalking, or sexual extortion - without requiring a conviction. Landlords cannot block tenants from calling police or penalize them for doing so, and must keep all related details (like the perpetrator's name or relocation address) confidential. The bill also prohibits landlords from using such information in databases or against tenants in eviction cases, while requiring written notice with proof of the threat before lease termination.
