HB 5394 establishes a formal process for recalling county commissioners and county school board members in West Virginia. It requires petitions with handwritten signatures from at least 10% of voters who cast ballots in the previous election to initiate a recall vote, and 20% signatures for the actual recall election to proceed. The bill mandates that counties hold a special election or include the recall question on a primary/general election ballot, with only one recall election allowed per official during their term. This applies specifically to county commission and school board positions, not other elected offices.
HB 5415, the Orphan Well Prevention Act of 2026, requires new oil and gas wells (after July 1, 2026) and transferred wells to have financial assurance for plugging costs. Operators must provide either a state bond or an escrow account managed by the Office of the State Treasurer to cover future plugging expenses. This prevents wells from becoming "orphaned" - meaning they lack a responsible operator to plug them - protecting landowners from contamination risks and financial liability. The law applies to all operators seeking new permits or transferring existing wells, ensuring funds are secured before wells are drilled or transferred.
HB 5410 requires municipal waterworks, combined water/sewer systems, and sanitary sewer boards in West Virginia to mandate training for their board members and senior managers. Specifically, these officials must complete 12 hours of certified utility management training (focused on financial management, regulatory compliance, and operations) within six months of taking office, plus six hours of refresher training every six months after re-election. The training must be provided by the WV Public Service Commission in collaboration with qualified non-profits having at least five years of experience serving small systems. This applies to all political subdivision utilities, with an exception for entities already offering comparable training.
HB 5395 would amend West Virginia law to allow charitable raffle licensees to offer alcoholic beverages (beer, wine, or spirits) as prizes in raffles. Currently, §47-21-11 prohibits alcohol as a raffle prize, but this bill would remove that restriction. The change directly affects nonprofit organizations and charities that operate licensed raffles, enabling them to include alcohol as a prize option. The bill is currently in the House Judiciary Committee after being introduced on February 10, 2026.
HB 5391 amends West Virginia's Emergency Medical Services Retirement System (EMSRS) to benefit current and future EMS personnel. It changes retirement benefit calculations to use a member's five highest-earning years instead of the current method, exempts all EMSRS pension income from West Virginia personal income tax (removing a previous $2,000 tax cap), and eliminates the 1,040-hour annual work limit for retired EMS workers returning to service in areas with staffing shortages. These changes directly affect emergency medical services workers enrolled in the EMSRS, providing tax relief and greater workforce flexibility. The bill creates the "EMS Retirement Equity, Tax Relief, and Workforce Support Act" as part of these policy updates.
HJR 38 proposes a constitutional amendment in West Virginia to lower the voter approval threshold for emergency services levies - from 60% to 50% - for funding fire and emergency medical services. This change would directly affect local communities seeking to pass these levies, making it easier to secure voter approval for critical emergency service funding. The bill modifies Article X, Section 10 of the West Virginia Constitution, which currently requires 60% voter support for such levies. If approved, the amendment would require only a simple majority (50%) for passage, though levies would still need voter approval and could not exceed existing tax rate limits. The resolution is pending in the House Judiciary Committee after introduction on February 10, 2026.
HB 5405 designates landowners owning 1,000 or more acres of land in West Virginia as "institutional landowners" (ILs), excluding public facilities like schools and parks. It requires these ILs to annually submit detailed reports to the Secretary of State about land use, timber value, floodplain acreage, slope data, taxes, and revenues from activities like carbon offsets or recreation. The Secretary of State must then provide an annual summary to the Agriculture Committee, covering land use trends, economic patterns, tax comparisons, and impacts on rural communities. This bill creates a reporting system for large landholdings without changing land ownership rules.
HB 5393 amends West Virginia's bankruptcy law to allow surviving spouses to claim their deceased spouse's homestead exemption if they continue living in the home they owned together. The bill specifically adds that a surviving spouse may claim the deceased spouse's $35,000 homestead exemption (the current limit for primary residences) as long as the home remains owned by the surviving spouse. This change directly affects married couples where one spouse dies while owning a home, ensuring the surviving spouse retains protection for their primary residence in bankruptcy proceedings. The provision does not alter existing exemption amounts or create new categories beyond the surviving spouse scenario.
HB 5411, the Energy Freedom and Fairness Act, allows large non-residential electricity customers (like factories or data centers meeting specific load capacity requirements) to choose their own power suppliers from competitive providers, rather than purchasing solely from regulated utilities. The bill requires the Public Service Commission to establish a subscription queue for these customers, license competitive service providers, and ensure rate transparency for utilities. It also prohibits utilities from shifting costs unfairly to ratepayers and mandates oversight to protect residential customers and small businesses. The law aims to lower electricity costs for all ratepayers by reducing the need for new utility-owned generation while maintaining utility responsibility for transmission and distribution.
HB 5420 requires West Virginia public schools to implement a "Logic for Living" curriculum for students in grades 7-10, focusing on practical reasoning skills like identifying logical fallacies, constructing sound arguments, and evaluating evidence. It directly affects public schools, teachers, and students by mandating a dedicated semester-long logic course starting in the 2028-2029 school year, with phased county implementation. Key mechanisms include developing interdisciplinary materials (integrating logic into subjects like science and social studies), involving the West Virginia University Washington Center for curriculum design and teacher training, and requiring new teacher endorsements for logic instruction. The bill emphasizes informal logic - such as recognizing flawed arguments (e.g., ad hominem or false dilemmas) - rather than formal logic, aiming to strengthen critical thinking for college, careers, and civic engagement.
HB 5428 requires employers of peace officers, firefighters, and 911 dispatchers to provide up to 12 sessions of licensed counseling (via telehealth if desired) for employees exposed to specific traumatic events in the line of duty, such as witnessing death, using deadly force, or responding to child-related incidents. Employers must cover up to 24 additional counseling sessions within one year if a mental health professional deems them necessary for recovery. The bill also prohibits requiring employees to use accrued leave for counseling appointments and ensures no loss of pay or benefits for up to 30 days if deemed unfit for duty during treatment, subject to specific conditions. It allows employees to select their own licensed mental health professional and clarifies that payment does not create a presumption of compensable claims.
HB 5417 would allow West Virginia school boards to authorize professional fireworks displays on public school property under strict safety conditions. Displays must be conducted only by pyrotechnicians licensed and certified by the State Fire Marshal (with permits required except for 1.4g fireworks), and school boards must approve requests in writing. Sponsoring organizations must provide $1 million in liability insurance naming the school board as an additional insured and assume responsibility for any damages or injuries. The bill mandates full compliance with state and federal safety regulations for all displays.
