HB 4628, the PEEPS Act, requires West Virginia law enforcement agencies to obtain a warrant before accessing historical location data (such as license plate records, cell tower logs, or traffic camera footage) about people or vehicles. Exceptions include when a vehicle owner reports a theft, for traffic enforcement, toll collection, or in immediate emergencies where a warrant cannot be secured. The bill mandates that agencies encrypt this data, prohibit sharing or selling it to private companies, and maintain detailed records of all access requests with supervisor approval. This law directly affects police departments and government entities that collect location information, aiming to limit unwarranted surveillance while allowing specific public safety uses.
HB 4748 creates a digital wallet within West Virginia's Secretary of State business portal, allowing residents to store and organize their learning records (like degrees), employment history, certifications, and professional licenses. Individuals must upload and verify their own records; the Secretary of State will provide the secure platform by January 1, 2027, and contractors handling the system must safeguard data and cannot sell or share it. The digital wallet’s contents are exempt from public records requests under West Virginia law, and users can request secure deletion of their information.
SB 540 requires Child Protective Services (CPS) workers in West Virginia to wear body-worn cameras during investigations of child abuse or neglect, but only after obtaining consent from the person being investigated in private settings where privacy is expected. CPS workers may skip using the camera if it would compromise a child's privacy or hinder the investigation, but they must document the reason in the case file. All audio and video recordings must be kept confidential, stored until all appeals are resolved, and treated as part of the official child welfare record, not subject to public disclosure. This bill directly affects CPS workers and individuals involved in child welfare investigations.
Senate Bill 658 establishes a framework for "certified microgrid districts" and "certified high-impact data center projects" in West Virginia, directly affecting developers of these facilities and local governments. The bill prohibits counties and municipalities from imposing local zoning, building permits, or other regulatory requirements on these certified projects, centralizing oversight under the state Department of Commerce. However, project owners must still pay standard local taxes and fees, including business taxes, sales taxes, property taxes, and utility charges, at the same rates as other businesses. The bill aims to streamline development of these projects while preserving local revenue streams through existing tax structures.
HB 4846 changes how certain high-technology property is taxed in West Virginia by valuing qualifying servers and equipment at their scrap value (instead of full market value) for property tax purposes. It applies only to assets over $100 million owned by businesses in high-tech or internet advertising sectors, as defined by existing law. This reduces the taxable value of these assets, directly lowering property tax bills for qualifying businesses. The bill does not alter tax rates but modifies the valuation method for specific high-value technology assets.
HB 4866 creates the West Virginia Public Participation Protection Act, which establishes a legal process to quickly dismiss lawsuits targeting protected public speech. The bill allows defendants to file a "special motion to dismiss" within 60 days if a lawsuit claims to be based on free speech, petitioning government, association on public issues, digital expression (like social media), consumer reviews, or information gathering for expressive works. If the motion is filed, all court proceedings automatically pause until the court rules, and the plaintiff must prove they have a strong case to win. This applies to all pending and future cases involving public concern issues, but excludes state enforcement actions and pure contract disputes without public interest.
HB 4045, titled "The Rossi Act," requires businesses in West Virginia that provide goods, services, or utilities (including digital accounts) to allow customers to make changes to their accounts by phone or mail, with necessary identity verification. This applies to entities like utility companies, internet providers, and other service businesses operating in the state. The bill mandates compliance with this requirement, and failure to do so would be enforced under the existing West Virginia Consumer Credit and Protection Act by the Attorney General. The law aims to provide accessible account management options for consumers without requiring online access.
