HB 5033, the Pro-Growth Regulatory Reform Act of 2026, requires state agencies to obtain legislative approval before implementing new regulations that cost more than $500,000 over five years. Agencies must submit such proposed rules to the Legislative Rule-making Review Committee 30 days before the next regular session, and the legislature must enact ratifying legislation for the rule to take effect. If the legislature fails to approve the rule during the session, the agency must terminate the proposed rulemaking. This bill directly affects state agencies creating regulations, adding a cost-based approval step while exempting emergency rules.
West Virginia's SB 1073 would align state worker classification rules with Internal Revenue Service (IRS) standards for distinguishing between independent contractors and employees. The bill requires written contracts stating the independent contractor status, including acknowledgments that the worker is responsible for their own taxes and benefits, and must file business tax returns or operate through a registered business entity. It also mandates that workers control key aspects of their work (like time, location, and ability to work for multiple clients) and satisfy three of six specific criteria to qualify as an independent contractor. This directly affects businesses hiring workers and the workers themselves, as misclassification could lead to liability under state laws for workers' compensation, unemployment, and wage protections. The bill does not change federal tax treatment but ensures state laws match IRS classifications.
HB 5045 changes West Virginia school meal staffing rules to require one cook for every 110 meals prepared and served, effective for the 2027-2028 school year. This replaces the current tiered system, which set varying cook-to-meal ratios based on meal volume (e.g., 1 cook for 1-90 meals). County school boards must now use this fixed minimum ratio when scheduling cooks for school lunch programs. The bill directly affects all public school food service staff in West Virginia.
HB 5422 makes the Municipal Home Rule Program permanent and prohibits participating municipalities from creating local anti-discrimination ordinances that cover protected classes beyond those defined in state law. Municipalities in the program must pay an annual $2,000 fee to fund the Home Rule Board's operations, with unused funds carrying over to future years. This directly affects cities and towns that have joined the home rule program by limiting their ability to expand local protections beyond state requirements. The bill also establishes a dedicated fund for the Home Rule Board, ensuring ongoing program funding without requiring annual legislative appropriations.
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Local Government
SB 924 streamlines West Virginia's state personnel systems by eliminating special merit-based hiring systems for Department of Transportation, State Tax Division, and Bureau for Social Services employees. It transfers their personnel duties to the Division of Personnel, exempts new hires and promotions in the Department of Transportation from civil service rules and grievance procedures starting July 1, 2026, and terminates the State Personnel Board. The bill clarifies definitions of "classified" and "classified-exempt" service, shortens job posting timelines, and modernizes how classified job openings are advertised. These changes directly affect state employees in the specified agencies by shifting their personnel administration to a unified system under the Division of Personnel.
This bill changes when lawsuits about asbestos or silica exposure can begin in West Virginia. It sets three triggers: a person must have a medical diagnosis, discover facts leading to a diagnosis, or pass away with a related health issue before a case can start. It also separates noncancer claims (like lung disease) from cancer claims and prohibits lawsuits against coal mining equipment manufacturers unless filed within 10-12 years of the equipment's first sale or use. The bill directly affects people exposed to these substances who develop health issues and manufacturers of mining equipment.
HB 4924 prohibits municipalities participating in West Virginia's Municipal Home Rule Program from creating local anti-discrimination ordinances that include protected classes beyond those listed in state law. This means cities and towns in the program cannot add categories like sexual orientation or gender identity to their local non-discrimination protections if state law doesn't already cover them. The bill amends §8-1-5a of West Virginia Code to enforce this restriction, directly affecting participating municipalities' ability to expand local civil rights protections. It does not change existing state protections but limits local governments from adding new ones.
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Local Government
HB 4401 would lower the taxable wage base for unemployment insurance from $9,500 to $8,500 per employee per year. This means employers in West Virginia would pay unemployment taxes only on the first $8,500 of wages paid to each employee annually, rather than the current $9,500 threshold. The bill directly affects all West Virginia employers contributing to the state's unemployment insurance fund. It modifies the calculation method under West Virginia law for determining taxable wages, without changing unemployment benefit amounts or eligibility.
SB 91 prohibits county boards and commissions from using public funds if they retain a labor representative position. Starting July 1, 2026, any requirement for labor representatives on these bodies is eliminated, and they must appoint a non-labor-affiliated "lay person" instead. Boards or commissions failing to comply by this date lose spending authority for all activities. The bill directly affects county-level boards and commissions that currently include labor representatives in their membership structure.
SB 128, the West Virginia Workplace Security Act, prohibits mass picketing that blocks workplace entrances, obstructs public roads, or targets private residences, and makes it unlawful to hinder lawful work through threats or force. Employers can seek court orders to stop such activities without proving immediate harm, and violators face daily fines of $1,000 for individuals or $10,000 for unions/organizations that continue after a court order. Fines collected must compensate affected employers for business losses, property damage, or lost opportunities. The law applies to all workplaces and public access points but excludes constitutionally protected picketing.
