HB 5328 clarifies how bars, taverns, and restaurants are regulated by defining them based on actual business operations - like primary revenue source (food vs. alcohol sales) - not just menu offerings. It prohibits classifying establishments as restaurants solely for serving limited food and sets specific wastewater standards by business type (e.g., bars cannot be held to full-service restaurant wastewater rules unless food sales exceed 50% of revenue). The bill also requires professional engineers, not health departments, to oversee septic system design and performance, ensuring standards reflect technology differences. These changes aim to reduce regulatory confusion for businesses while aligning with nationally recognized engineering practices.
HB 5350 exempts from West Virginia sales and use tax materials and specific appliances used in manufacturing certain manufactured homes. It applies only to homes designed for permanent attachment to a foundation within the state, built in climate-controlled facilities, and including required appliances (refrigerator, stove, dishwasher, washer, dryer). Manufacturers must certify compliance, and false claims face penalties including double the avoided tax plus interest. This directly affects home manufacturers producing qualifying permanent-structure homes, excluding mobile or non-compliant units.
SB 891 requires West Virginia political subdivisions (like counties or municipalities) to obtain Attorney General approval before hiring private attorneys under contingency fee contracts for lawsuits. It mandates public notice of specific reasons for using such contracts - including why in-house lawyers or hourly fees aren't feasible - and requires published findings proving compliance with legal standards. The bill also clarifies that subdivisions cannot force attorneys to cover their own negligence but may contract for defense against claims involving the subdivision's actions. All approval-related findings become public records under state disclosure laws. The bill is currently pending in the Senate Judiciary Committee.
HB 5336 updates West Virginia's domestic violence law to explicitly include "coercive control" as a defined form of abuse. The bill defines coercive control as a pattern of behavior meant to dominate and isolate a partner, such as controlling finances, monitoring communications, threatening harm, or restricting contact with friends and family. This change ensures non-physical tactics like emotional manipulation and isolation are legally recognized under domestic violence statutes. The bill directly affects victims of such abuse and legal proceedings by expanding the scope of what qualifies as domestic violence in court and law enforcement responses.
HB 5344 clarifies West Virginia's definition of "antique firearm" in state law. It specifies that antique firearms include pre-1898 weapons (like flintlocks), replicas of those weapons (if not designed for modern ammunition), and muzzle-loading guns using black powder. The bill explicitly excludes weapons with modern frames/receivers, converted muzzle-loaders, or those easily adaptable to fire standard ammunition. This definition affects how antique firearms are regulated under West Virginia law, particularly regarding possession and sale restrictions that typically apply to modern firearms.
HB 5337, titled "Daniel's Law," protects the personal information of certain West Virginia public officials by prohibiting the disclosure of home addresses and unpublished home or personal phone numbers without written consent. It directly affects active, retired, or former state legislators, judges, prosecutors, public defenders, and law enforcement officers, along with their immediate family members living in the same household. The bill requires government agencies and private entities to obtain written permission before sharing this information, and it creates civil liability for violations, including minimum $1,000 damages per incident. This law aims to enhance safety by preventing harassment or harm related to public officials' personal details.
HB 5330 allows healthcare providers in West Virginia to give medication directly to sexual partners of patients diagnosed with bacterial vaginitis or trichomoniasis (a type of vaginal infection), when the partner cannot or is unlikely to seek care themselves. The bill expands existing "expedited partner therapy" rules to include these specific infections, using antibiotics like metronidazole (Flagyl) and clindamycin cream. Providers must counsel patients and provide written materials about seeking medical care, and the partner must have been exposed within the last 60 days. This directly affects healthcare professionals, patients with these infections, and their sexual partners who face barriers to accessing treatment. The bill aims to improve treatment access for partners without requiring them to visit a clinic.
SB 838 defines "residence" for voter registration and voting in West Virginia. It establishes that a person's residence is where their habitation is fixed with intent to return, using the location of their usual sleeping area (e.g., bedroom) if habitation crosses district boundaries. The bill creates a process for election officials to challenge registrations: they must document the challenge, mail a 30-day notice requiring proof of residency, and decline applications if evidence isn't provided. This directly affects voters registering or voting, election officials, and county clerks who handle residency verification. The bill clarifies existing rules without changing voting eligibility, focusing on administrative procedures for residency determination.
This Senate Resolution (SR 28) expresses legislative support for extending Interstate 68 from Morgantown, West Virginia, to Kent, West Virginia, then across the Ohio River to Clarington, Ohio, and further to I-77 near Caldwell, Ohio. It does not create new policies or funding but urges state and federal officials to secure resources for this transportation corridor project. The resolution specifically references the "I-68 Energy Manufacturing AI Corridor" as a means to support economic growth in the Shale Crescent region, though it does not establish any new programs or obligations. It is a symbolic measure, not a substantive legislative bill.
HB 5352 would amend West Virginia law to prohibit the governor from deploying the West Virginia National Guard into overseas combat without a formal declaration of war by the U.S. Congress. The bill specifically requires a Congressional declaration for any combat deployment abroad, while allowing the governor to deploy the National Guard within the United States. This provision would be added to the state code governing the National Guard, making it a legal requirement for the governor to seek such a declaration before authorizing overseas combat missions. The bill directly affects the governor's authority over state National Guard deployments and aligns with the U.S. Constitution's requirement for Congress to declare war.
SB 884 requires health insurance plans (including Medicaid) to cover intravenous immunoglobulin (IVIG) therapy for children diagnosed with specific conditions, including pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute onset neuropsychiatric syndrome (PANS). The bill applies to all health insurance plans issued or renewed after January 1, 2027, directly affecting pediatric patients with these conditions and their insurers. Key provisions mandate that physicians must obtain prior authorization by demonstrating all other treatment options have been exhausted before IVIG coverage is approved. This law aims to standardize coverage for these complex neurological conditions while adding a clinical review step to ensure appropriate use of the treatment.
HB 5367, the Refugee Absorptive Capacity Act, requires West Virginia to assess a community's ability to support refugees before accepting new resettlements. The bill mandates local governments and the state to evaluate factors like healthcare capacity, housing availability, school resources, job market impact, and law enforcement readiness before approving refugee placements. This applies directly to refugee resettlement organizations and local governments (counties or cities) considering refugee intake. The law creates a procedural framework for these assessments but does not change current refugee acceptance numbers or policies.
