Legislation Story Archives - West Virginia Public Broadcasting

Tracking The Bills The Governor Vetoes, Signs Into Law

As the deadline for Gov. Jim Justice to sign bills into law approaches, there are still numerous bills on the table awaiting his consideration.

Updated on Wednesday, March 27, 2024 at 6:25 p.m.

This is a developing story and will be updated as bills are signed into law by Gov. Jim Justice.

Wednesday marks the deadline for Gov. Jim Justice to sign into law bills that the West Virginia Legislature passed in its 2024 regular session.

Just one day out from the deadline, more than half of this year’s bills were still awaiting approval from Justice.

This is not uncommon, as governors often use the final hours before the deadline to decide upon bills. Any bills Justice does not act upon will automatically become law by Thursday.

At a press briefing Tuesday, Justice said his inaction was because many bills came to him late, following drawn-out discussions on the Legislature floor.

Plus, budgetary concerns muddied important financial decision-making days before the session ended, he said. With the Legislature approving a budget lower than he had requested, Justice said he would call lawmakers back for a special session before May 14.

Justice vetoed his third bill this year on Wednesday afternoon. House Bill 5105 would have exempted virtual public school students from vaccine requirements, and allowed private and parochial schools to set their own vaccine requirements.

As the law stands, all students in West Virginia must still receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt. The other bills Justice vetoed this year would have allocated funding to neuroscience research at West Virginia University, and increased the capacity of renewable energy facilities in the state.

Justice used the final remaining hours of Wednesday to grant tens of other bills his stamp of approval.

West Virginia Public Broadcasting has provided a list of some of the final bills Justice approved on Tuesday and Wednesday, with a description of what the new laws entail.

Education and Child Care

Senate Bill 146 creates a state task force on adult education. The task force will consider funding options, and collect findings for the Legislative Oversight Commission on Education Accountability.
Senate Bill 487 requires the State Board of Education to review professional development resources for teachers every five years. It aims to ensure content is still necessary and focused on what actually happens in classrooms.
Senate Bill 568 aims to reduce chronic absenteeism by altering school protocol for addressing student absenteeism and increasing contact between schools and parents of absent students.
Senate Bill 844 redesignates the Educational Broadcasting Authority, which oversees West Virginia Public Broadcasting, as the Educational Broadcasting Commission. It also reduces the number of members who serve on the EBA, and grants the cabinet secretary for the Department of Arts, Culture, and History hiring power over its executive director.
House Bill 4305 grants in-state tuition status to higher education students who receive economic development incentives to relocate to West Virginia.
House Bill 4830 loosens training requirements for teachers. The requirement goes down from annually to every three years.
House Bill 4975 establishes a web-based foster parent information system.
House Bill 5405 increases professional development resources for West Virginia teachers.
House Bill 5514 increases the annual training requirements for county boards of education.
House Bill 5520 lowers the age of presumed competency for juvenile delinquency proceedings from 14 to 13.

Health

Senate Bill 170 compensates certain firefighters who develop bladder cancer, mesothelioma or testicular cancer through workers’ compensation.

Senate Bill 325 allows for penalties for manufacturers who deny, restrict or prohibit the acquisition of a 340B drug by a safety net provider of contract pharmacy. The 340B drug program allows covered providers to offer federal resources to Medicaid and Medicare recipients.
Senate Bill 453 requires pricing and payment transparency from pharmacy benefits managers contracting with PEIA. Pharmacy benefit managers manage prescription drug benefits for clients ranging from health insurers and Medicare Part D drug plans to large employers.
Senate Bill 477 criminalizes sharing health care workers’ personal information on the internet with the intent of harming them.
Senate Bill 667 creates the Physician Assistant Licensure Compact, allowing physician assistants to provide certain medical services when licensed to do so.
Senate Bill 679 clarifies the role of the West Virginia Alcohol Beverage Control Administration Commissioner in overseeing businesses engaged in manufacturing, processing, distributing or sale of hemp-derived cannabinoid products. Purchase of these products is limited to adults aged 21 and over.
Senate Bill 681 removes a requirement that members of the Army National Guard or Air National Guard who receive tuition funding from the state for a medical degree program must work in West Virginia for 10 years after graduating. Now, the number of years of in-state work required is set by the state’s adjutant general.
Senate Bill 755 increases age verification requirements for the online sale of tobacco products, including vapes.
House Bill 4233 codifies in state law that the term “non-binary” is prohibited from being used as a sex on state birth certificates. The term was already not included as an option for sex at birth.
House Bill 4756 creates a state Alzheimer’s plan task force.
House Bill 5175 eliminates funding for the Center for Nursing and transfers its duties and authorities to the Higher Education Policy Commission.
House Bill 5347 establishes a program for emergency medical services personnel to become certified paramedics.
House Bill 5349 makes labeling requirements for food products more specific.
House Bill 5540, known as Laken’s Law, is named after Morgan Laken, who died from a fentanyl overdose in 2021. It requires students to be taught about fentanyl, heroin, and opioid awareness, prevention and abuse, addiction, community resources, substance abuse among young people, and how to administer opioid reversal agents like Narcan. The instruction will begin in the 2024-2025 school year.
- See our previous reporting.

Elections and Government

Senate Bill 217 allows the state and its political subdivisions to negotiate construction prices when all bids received exceed the budget.
Senate Bill 438 slightly reduces the information certified practitioners of a field must provide the public through the state agency that granted their certification.
Senate Bill 542 clarifies vacancy protocol for county commissions, including how commissioners should proceed when a deadlock is reached over candidates.
Senate Bill 624 eliminates voter registration records for individuals who move out of West Virginia or receive a driver’s license in another state.
Senate Bill 628 reconciled financial claims made against the state.
Senate Bill 834 increases the number of members on the state’s advisory board for motor vehicle dealers.
Senate Bill 866 appoints the state treasurer as chairperson of the West Virginia Investment Management Board.
Senate Bill 874 creates local port authority districts, which are zoned through the state’s Division of Multimodal Transportation Facilities.
House Bill 4350 removes a state policy allowing individuals to file candidacy for a vacant public office after the filing deadline when no one from their party has already filed their candidacy.
House Bill 4552 requires candidates in partisan elections to immediately verify their party affiliation upon filing for office.
House Bill 4782 requires municipalities to regulate zoning ordinances equally for all businesses, regardless of whether a business sells firearms or ammunition.
House Bill 5690 creates a state task force on artificial intelligence.

Infrastructure and Development

Senate Bill 610 expanded the Water Development Authority’s ability to appoint employees.
Senate Bill 631 prohibits municipalities from disconnecting water service for nonpayment of stormwater fees.
Senate Bill 782 updates property development permits and deadlines.
Senate Bill 827 clarifies state terminology surrounding salvage yards, and the conditions for receiving a specialized regional distribution and dismantling license from the state.
Senate Bill 874 creates local port authority districts, which are zoned through the state’s Division of Multimodal Transportation Facilities.

Public Safety and the Courts

Senate Bill 578 clarifies property ownership terms in the state’s burglary crime law.
Senate Bill 649 clarifies that judges recalled to serve in West Virginia are entitled to per diem compensation from the state.
Senate Bill 712 reduced the minimum age for state police cadets from 21 to 18.
Senate Bill 778 expands the types of offenses that can grant an individual a “repeat offender” status for felony convictions in West Virginia.
House Bill 4190 establishes a silver alert system for people with Alzheimer’s disease or other cognitive impairments.
House Bill 4297 establishes that correctional officers who undertake specific training qualify as law enforcement officers.
House Bill 4399 allows certain individuals whose criminal charges have been dismissed to have those charges expunged from their record.

Tourism and Recreation

Senate Bill 148 establishes an auto-renewal program for state wildlife licenses.
Senate Bill 222 provides discounts and fee exemptions to veterans at certain state parks.
Senate Bill 690 creates a commission on agrotourism.
Senate Bill 824 increased the West Virginia Motorsport Committee from five to 17 members, all appointed by the governor.
House Bill 4700 bans individuals who exhibit harassing or harmful behaviors from certain sports wager activities.
House Bill 4793 allows residents who are at least 21 years of age to manufacture moonshine for personal or family use.

For a full list of bills that the West Virginia Legislature passed in its 2024 regular session — as well Justice’s action on them — visit the Legislature’s website.

To view our full coverage of the West Virginia Legislature’s 2024 regular session, visit the webpage for our program The Legislature Today.

As Deadline Nears, More Than 170 Bills Wait For Signature

About 63 percent of the bills passed during the West Virginia Legislature’s 2024 regular session await a response from Gov. Jim Justice, which is due March 27.

The West Virginia Legislature passed 279 bills during the 2024 regular session.

But 176 of those bills — about 63 percent of them — still await approval from Gov. Jim Justice.

Wednesday marks the deadline for Justice to sign bills into law or veto them using his authority as governor. By Thursday, any remaining bills will automatically become law.

It’s not uncommon for a governor to sign several bills close to the deadline. But this year, Justice accredited delays to drawn-out discussions, and budgetary issues that arose days before the session ended.

“In all honesty, there’s an awful lot of these bills that got down to us really late,” Justice said during a virtual press briefing Tuesday. “It takes time for our folks to get through all these bills.”

Justice added that the Legislature “didn’t really have a budget.” Lawmakers passed a budget below $5 billion this year, which was shy of the $5.265 billion Justice proposed in January.

In part, that’s because some lawmakers worried about overspending. Their concerns arose from news that the United States Department of Education could reclaim $465 million in COVID-19 funds received by the state.

Justice previously said that he would call the Legislature back for a special session before May 14 in response to these budget concerns.

In the meantime, he said he will continue working through the legislation before him.

One piece of legislation still pending is Senate Bill 453, which would require increased transparency from pharmacy benefit managers, who have oversight on drug costs and insurance reimbursement. Justice said during the press briefing that he plans to sign the bill.

Another is House Joint Resolution 21, which would add a question to voters’ ballots in the 2024 general election.

If approved by voters, the resolution would add a line to the state’s constitution expressing that non-citizens of the U.S. cannot “vote at any election held within this state.”

Non-citizens are already ineligible to vote in federal elections, which led Del. Mike Pushkin, D-Kanawha, to describe the resolution as a “time-wasting, do-nothing” policy in February.

Justice, however, said he wholeheartedly supports the resolution.

“I’m a real believer, and it’s the law. I mean, for crying out loud, you don’t have any right to vote whatsoever if you’re here illegally,” he said.

But Justice was less forthcoming on another, more controversial piece of legislation: House Bill 5105.

If passed, the bill would grant vaccine exemptions to most students in private, parochial or virtual public schools across the state.

Students are currently required to receive vaccines for several infectious diseases, like polio and measles, regardless of the school they attend.

Many health professionals have expressed grave concerns over the health risks of increasing vaccine exemptions. But the lawmakers behind the bill describe it as a matter of personal choice and religious freedom.

Justice declined to share his stance on the bill during Tuesday’s press briefing.

“I’m very, very close to reaching a decision. I understand both sides,” he said.

In addition to signing the bill into law, Justice could also take no action — letting it pass automatically — or veto the bill.

So far this year, Justice has only vetoed one bill, which would have provided $2 million for neuroscience research on Alzheimer’s Disease and substance use disorders at West Virginia University.

“If you just give me ‘til tomorrow,” Justice said. “We’re still reviewing certain things and everything, but you’ll definitely hear from me tomorrow.”

Spousal Sex Abuse Fully Criminalized, Marking ‘New Day’ For Survivors

Gov. Jim Justice signed a law on Friday eliminating marital exemptions for sex abuse. Advocates say the new law will help survivors pursue legal recourse for their experiences with spousal abuse.

In West Virginia courtrooms, marriage no longer qualifies as a legal defense for sexual abuse.

Gov. Jim Justice signed Senate Bill 190 into law Friday, removing all remaining marital exemptions for crimes of sexual violence.

Previously, state law blocked spousal prosecution over acts classified not as sexual assault, but as “sexual abuse” — namely non-consensual sexual touching.

Exemptions like these were even steeper decades prior. Spousal rape was not a criminal offense in the state until 1976.

That’s when former Sen. Judith Herndon, R-Ohio, then the only female state senator, called for changes to the state’s sex abuse laws that were later adopted by the West Virginia Legislature.

With spousal sex abuse now fully criminalized, state officials and community advocates alike have expressed hope that more support for survivors lies ahead.

Becoming Law

Marital exemptions for sex abuse have long been a concern of advocates for the survivors of domestic violence.

“This was definitely not new to this session. I’ve been working in advocacy full time for the last eight years, and I know that it’s been in conversation for as long as that,” said Sara Belvins O’Toole, director of development with Branches Domestic Violence Center.

Based in Huntington, Branches provides housing support to victims of domestic violence across five West Virginia counties.

This year, however, discussion over the statute grew in February, as members of the West Virginia House of Delegates debated the so-called “Women’s Bill of Rights.”

That bill aimed to define sex-based terminology in state law, and create protections for “certain single sex environments.”

Opponents of the bill described it as discriminatory toward transgender residents. Del. Kayla Young, D-Kanawha, introduced an amendment with several new provisions to exemplify “what [it] could look like if women had equal rights under the law.”

That included removing sales taxes on period products, establishing parental leave for state employees — and removing marital exemptions for sex abuse from state law.

Young’s other ideas were shot down. But one part of her amendment ultimately passed: removing the marital rape exemption.

The Women’s Bill of Rights, and therefore Young’s amendment, did not become law. But the possibility of removing marital exemptions grew as the session wore on.

A bill proposed earlier in the session by Sen. Ryan Weld, R-Brooke, passed through the West Virginia Senate later in February, then the House in March.

And, on Friday, Justice signed Weld’s bill into law.

Supporting Survivors

At a Feb. 23 Senate Judiciary Committee meeting, Gabrielle Mucciola, prosecuting attorney for Monongalia County, attested to the bill’s importance for supporting survivors of domestic violence.

“These cases are wildly underreported,” Mucciola said. “And I would say that this exemption creates just another hurdle for victims of sexual abuse and sexual assault to come forward and feel comfortable that West Virginia adequately protects them.”

“You can imagine the heartbreak that a survivor might feel if they’re going through the legal process and, all of a sudden, because they were married to that person, what happened to them is not validated,” Belvins O’Toole said.

With the bill passed, advocates for survivors of domestic violence say they expect these barriers to reporting sexual violence will be reduced.

“Hopefully… people understand that this is an option for them now,” said Julie Britton, director of the YWCA Resolve Family Abuse Program in Charleston. Britton’s group offers housing and emergency interventions for survivors of domestic abuse.

Belvins O’Toole said the new law ensures that people are equally protected from sexual violence.

According to her, reducing barriers to prosecuting sexual violence is especially important because it expedites a process that can be difficult for survivors. “Most importantly, this is a win for survivors,” she said.

Britton agreed, expressing hope for a better future for survivors across the state.

“I just think that this is a new day for West Virginia,” Britton said. “It’s just another tool that we can use to make sure survivors get the justice that they absolutely deserve.”

Manchin Leaving Congress He Calls Divided, Yet Productive

Manchin announced last week he won’t be running for reelection to the US Senate. Speaking to a group of West Virginia reporters Wednesday, he says he’s leaving the chamber on both low and high notes.

U.S. Sen. Joe Manchin, D-W.Va., said he’s never seen Washington more divided. And yet, he says the most recent Congress – the one that ended in January – was a productive one.

Manchin announced last week he won’t be running for reelection to the United States Senate. Speaking to a group of West Virginia reporters Wednesday, he said he’s leaving the chamber on both low and high notes.

“Everything that we did in the 117th Congress, which I think that’s 2020 to 2022, and then really finished up in January 2023,” he said. “But I think it will go down as one of the most, in history, one of the most productive Congresses we’ve ever had.”

There was COVID-19 relief, an infrastructure bill, the CHIPS and Science Act, the Inflation Reduction Act and a bill to help veterans exposed to toxic burn pits.

And it was all done in a Senate divided 50-50 between Democrats and Republicans, with Manchin sometimes as the most critical vote of all.

Though he was a decisive vote on some of that legislation, and could single-handedly stop some of President Joe Biden’s nominees, Manchin downplayed his own influence.

“When you have an even split, it’s kind of hard for one side to blame the other. Because they’re equal,” he said. “They can equally have all the same power, no one has more power than the other person. One person can shut things down, one person can make things happen.”

Manchin will leave a chamber that could well flip to Republican control after next year. Democrats will have one less vote if a Republican wins Manchin’s seat, and that’s considered highly likely.

Manchin said throughout his time in the Senate, he tried to work across the aisle. He also said his staff closed more than 100,000 constituent cases. Those include basic services like getting veterans benefits or Social Security benefits.

Manchin has been hinting that he might pursue a third-party bid for president. But Wednesday, he didn’t make any specific commitment to run.

Summersville Lake Becomes 36th State Park

Summersville Lake is now a state park, opening the possibility of new recreational activities like hiking and biking trails to the community of Nicholas County and tourists alike.

Gov. Jim Justice signed House Bill 124 into law on-site at Summersville Lake Friday.

“This opens another gateway for West Virginia. I mean, it’s 177 acres, a mile of lake frontage, and climbing beyond belief and all those things,” Justice said. “And now, we’re going to expand splash parks and zip lines and all that’s unbelievable. Every dollar we spend on tourism, there’s a multiplier effect, it could be as many as 14 plus times. It is amazing what happens when you really invest in yourself and that’s what we’re doing.”

The new park is located on the northern shore of the state’s largest lake, located in Nicholas County.

The 177-acre property on the northern shore of Summersville Lake will be transformed into outdoor adventure parks.

*Credit: W.Va. Governor’s Office*

Chelsea Ruby, the secretary of Tourism, said she and others have been working to make Summersville Lake a state park for a couple of years.

“They made it official and today the governor signed the bill, making it really official, so it is,” Ruby said. “This site is now available to folks who are looking to climb, who are looking to hike, to ride their bikes, to come and have a picnic just to enjoy West Virginia and enjoy the lake.”

With the state park designation comes state resources, allowing for amenities such as hiking, biking, climbing and even scuba diving.

Have you ever wondered what’s beneath the surface of Summersville Lake?

For adventurers like Access Fund Climb Steward Nina Sions, a state park designation is exciting news.

“The parking lot and the trails have always been on private property,” Sions said. “So for the climbing community, I think the big win for us is to have a legitimate parking lot and the trails under the state park. That means better maintenance and just a lot better secure access for us.”

Summersville Lake State Park is open to the public for recreational activities.

Justice Signs Several Bills Into Law At Deadline

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law.

In a flurry to get completed bills signed before a constitutionally imposed Wednesday deadline, Gov. Jim Justice put pen to paper on many, and let others simply become law. The governor has 15 days to either sign a bill or veto it after the end of the session. The governor also can allow a bill to become law without his signature.

Justice signed House Bill 2007, restricting medical options available to youths going through gender dysphoria. The law bans gender-affirming care, including medications, to anyone under the age of 18 in most circumstances. Under the bill, some young people with severe gender dysphoria may be able to access hormone therapy if the diagnosis is confirmed by two doctors, including a mental health care provider, and if the minor has parental consent. The bill will go into effect on January 1, 2024.

Planned Parenthood South Atlantic provides gender-affirming hormone therapy in West Virginia. Representatives say gender affirming care improves health outcomes for patients who are transgender or nonbinary.

“I cannot count the number of patients that we have seen who had seriously contemplated or even attempted suicide in the past who now tell us they are so much happier after starting gender-affirming hormone therapy,” Planned Parenthood South Atlantic clinician Carrie Lett said. “Although some young people may still be able to get the care they need, this law still amounts to the government putting politics over people’s lives and interfering with medical best practices.”

Justice said he struggled with House Bill 2820, allowing Hope Scholarship recipients to participate on public school teams unless the sport is already offered at their school.

An amendment to the bill allows student-athletes to transfer schools at least one time and keep their athletic eligibility. He let the bill become law without his signature.

“I fully support the ability of our HOPE scholarship recipients, students in microschools or learning pods, homeschooled students, or our private school students to participate in extracurricular activities at their school or at their local public school,” Justice said. “However, allowing student athletes to transfer to any school whatsoever with no purpose other than jumping to a better athletic team will do nothing but make a few teams better at the expense of all the others.”

Justice signed House Bill 3018, the so-called “child marriage bill.” The new law removes the possibility that anyone younger than 16 could marry. Those aged 16 and 17 would have to obtain parental consent and they couldn’t marry someone more than four years older than them.

Among other bills signed; House Bill 3135, raises the salaries of the Governor and Constitutional officers beginning in 2025, House Bill 2310, changing West Virginia vehicle inspections to every two years, Senate Bill 613, creating certificate of need exemptions for hospitals and physician groups and House Bill 2436 creating an acuity-based patient classification system meant to help address nursing staff needs.

Three hundred and thirty-three bills passed during the 2023 60-day legislative session that ended March 11.