HB 5502 amends West Virginia's Human Rights Act to explicitly define "race" as including hair texture and protective hairstyles historically associated with race. This change directly affects employers and employees in West Virginia, clarifying that workplace policies targeting these traits may be lawful if justified by workplace health and safety or as a bona fide occupational requirement. The bill does not prohibit such policies outright but requires employers to demonstrate that rules impacting these traits serve a legitimate safety purpose. It updates the legal definition to align with existing protections while maintaining exceptions for valid safety or operational needs.
This is a ceremonial resolution, not a substantive bill. It designates February 13, 2026, as "West Virginia Silver Jackets Flood Resiliency Day" at the Capitol and February 9-13, 2026, as "West Virginia Silver Jackets Flood Resiliency Week." The resolution aims to raise public awareness about flood preparedness and resiliency efforts, recognizing the work of agencies like the Army Corps of Engineers and West Virginia Emergency Management Division. It directly affects all West Virginians by encouraging community participation in flood readiness initiatives, though it does not create new laws or allocate funding.
SB 766 creates a nonrefundable tax credit for West Virginia family caregivers of eligible elderly relatives. It allows caregivers to claim a 50% credit on qualifying out-of-pocket expenses (up to $2,000 annually, or $3,000 for veteran caregivers), including home modifications, medical equipment, hiring care aides, respite care, and adult day care. The credit applies to expenses directly related to assisting an eligible family member (62+ years old, living at home, requiring help with daily activities like bathing or dressing, and certified by a healthcare provider). The credit begins for tax years starting January 1, 2028, with a $5 million annual cap on total credits, adjusted annually based on the consumer price index.
HB 5219 defines "residence" for voter registration and voting in West Virginia, directly affecting voters registering to cast ballots. The bill establishes clear rules: a person's residence is where they live with intent to return, using their primary sleeping area if boundaries divide their living space. It requires election officials to document residency challenges with a Secretary of State form, giving applicants 30 days to prove residency with evidence like maps. Special provisions clarify that temporary moves (e.g., teachers returning to parents' home, government workers in D.C.) don't change residence status, while voting in another jurisdiction automatically changes it.
HB 5379 requires health insurers in West Virginia to pay out-of-network emergency medical services agencies (like ambulances) directly for covered ground ambulance services, rather than reimbursing patients. Insurers must pay "clean claims" (properly submitted claims without errors) within 30 days of receipt, with exceptions for fraud, coordination with other insurers, or prior payment. The bill also mandates that insurers provide written notice within 30 days if denying a claim, specifying the reason or needed additional information. This directly affects ambulance providers who previously relied on patient reimbursement and insurers who must adjust payment processes. The law aims to streamline payment for emergency services while reducing patient financial burden.
HB 5496 would create a new felony offense of "child torture" in West Virginia law, targeting individuals aged 16 or older who subject children to specific severe acts. The bill defines "torture" to include 12 concrete acts like breaking limbs, inflicting prolonged pain, depriving food/water, sexual abuse, or terrorizing a child to cause significant harm. If bodily injury occurs, offenders face 10-25 years in prison with no parole before 10 years served; if no injury occurs, sentences are 10-20 years with no parole before 8 years served. This bill directly affects perpetrators of severe child abuse and would establish new criminal penalties for these specific acts under West Virginia Code §61-8D-11.
SB 940 establishes a state-funded pilot program offering free, comprehensive cancer screenings to all active and retired permanent firefighters in West Virginia. The program provides blood tests, organ ultrasounds (including heart and abdominal scans), lung CTs if needed, and skin cancer screenings, with a maximum cost of $1,300 per participant. Firefighters may self-fund screenings before July 2026 and seek reimbursement up to the $1,300 limit during the program’s 24-month duration (extendable with approval). The state covers all costs, requires vendors to meet specific screening standards, and mandates annual reports on participation and results to the Governor and legislature. Participation is voluntary, and the program begins July 1, 2026.
SB 938 aims to clarify the specific powers, duties, and responsibilities of key public health officials in West Virginia, including the Secretary of the Department of Health, the Commissioner of the Bureau for Public Health, and the State Health Officer. The bill proposes amendments to multiple sections of the West Virginia Code (such as §5-14-3, §15-5A-4, and numerous sections in Chapter 16) to better define these officials' roles and responsibilities. This clarification is intended to provide clearer guidance for how these public health leadership positions operate within the state's health system. The bill was introduced in the West Virginia Senate on February 13, 2026, and referred to the Committee on Health and Human Resources and the Committee on the Judiciary.
SB 704 prohibits most compensation for assisting veterans with benefits claims, directly affecting advocates, attorneys, and support organizations who help veterans navigate the U.S. Department of Veterans Affairs (VA) system. Key provisions require written fee agreements filed with the VA, ban guarantees of specific benefit amounts, prohibit charging for services before a VA decision, and forbid contingent fees for medical evidence or testimony. The bill also restricts excessive fees and mandates compliance with federal fee guidelines (38 C.F.R. § 14.636). It does not override federal law but adds state-level safeguards to prevent exploitative practices in veterans' benefits assistance.
SB 943 repeals a specific law (§49-5-106) that required state agencies - including the Supreme Court, Juvenile Services, Human Services, and Education departments - to collect and compile juvenile justice data for the Juvenile Reform Oversight Committee. This requirement had already expired on December 31, 2020, due to a built-in sunset provision, meaning it was no longer active. The bill formally removes the outdated provision from West Virginia’s legal code to maintain an accurate and streamlined set of laws. It does not change current data practices or create new obligations, as the mandate was already inactive. This is a routine legislative cleanup of expired provisions.
SB 941 makes certain non-disclosure agreements related to sexual abuse unenforceable in West Virginia. It voids clauses in contracts (including employment, settlement, or confidentiality agreements) that prohibit disclosing acts of sexual abuse or related information. The law applies to all such agreements made before, during, or after the bill’s effective date. However, it does not prevent confidentiality around settlement amounts or victim identities, which remain protected. This directly affects survivors, employers, and organizations that use or enforce such agreements.
SB 130 requires e-cigarette and e-cigarette liquid manufacturers to certify their products meet U.S. FDA marketing standards or meet specific pre-2020 application criteria, with a $100 annual fee per product. Manufacturers must submit this certification to state tax and alcohol regulators by July 1, 2026, and update it within 30 days of any FDA-related changes. The state will maintain a public directory of all certified products starting September 1, 2026, and retailers cannot sell unlisted items. Violations may trigger fines, and the law mandates unannounced compliance checks for retailers and wholesalers.
