Effective 90 Days From Passage: July 6-7, 2025
16 bills making changes to State Code.
July 6th, 2025
SB 22: Applying penalties for nonpayment of royalties under terms of oil and natural gas leases
Lead Sponsor: President Smith (R-Preston, SD 14)
Sponsors: Senators Woelfel (D-Cabell, SD 7) and Hamilton (R-Upshur, SD 11)
This bill creates enhanced penalties for oil and gas companies that fail to pay royalties to landowners from conventional vertical wells. If these payments are more than six months overdue, and there's no legitimate dispute or written agreement providing otherwise, the company must pay triple damages, or three times the market value of the unpaid royalties. These provisions apply only to disputes filed on or after July 1, 2025, and cover conventional vertical oil and natural gas wells, as well as with natural gas liquids production
SB 459: Requiring County Planning Commission Members be State Residents
Lead Sponsor: Senator Thorne (R-Hampshire, SD 15)
Sponsors: Senators Helton (R-Fayette, SD 9), Hamilton, and Willis (R-Berkeley, SD 15)
This bill establishes new residency requirements for members of municipal, county, and regional/multi-county planning commissions in West Virginia. Municipal and county planning commission members must now be West Virginia residents for three continuous years before appointment and residents of their specific municipality or county for at least one year before appointment. Regional and multi-county planning commission members must live within the jurisdiction they'll serve for at least three years before appointment. Additionally, at least 60% of municipal and county commission members must be local residents for at least three years prior to appointment. The law explicitly prohibits the "grandfathering in" of current members who don't meet these new residency requirements, meaning anyone currently serving who doesn't meet the standards must be removed from their position. It also clarifies that people with business interests that regularly interact with planning commissions can still serve as members if they recuse themselves from matters involving their business and don't constitute a majority of the commission.
SB 500: Transferring Audits of Volunteer Fire Departments to Legislative Auditor
Lead Sponsor: Senator Chapman (R-Ohio, SD 1)
Sponsor: Senator Deeds (R-Greenbrier, SD 10)
This bill transfers the authority to audit volunteer fire companies from their current oversight to the West Virginia Legislative Auditor. The Legislative Auditor now has the responsibility to conduct regular financial reviews of each volunteer fire company at least once every five years, though audits can be performed more frequently if there are concerns about financial mismanagement, misuse, or waste of funds. Income sources, assets, liabilities, and expenditures of the fire companies will all be covered in the audits. The Legislative Auditor will bear the costs of these audits through internal policies, and if any suspicious financial transactions are discovered, the matter must be referred to the State Auditor for investigation and potential prosecution.
HB 2042: Relating to Allowing a Guardian Ad Litem to Request the Appointment of a Court Appointed Special Advocate
Lead Sponsor: Delegate Burkhammer (R-Lewis, HD 64)
Sponsors: Delegates Hornby (R-Berkeley, HD 93), Kimble (R-Harrison, HD 71), and Heckert (R-Wood, HD 13)
This bill updates current state law to expand who can request the appointment of a Court Appointed Special Advocate (CASA) in child abuse and neglect cases. The previous iteration of the law did not specify who could request a CASA volunteer to be assigned to a case and help advocate for a child’s best interests during court proceedings. The new provision allows three parties to request CASA appointment: the prosecuting attorney representing the Department of Human Services (DHS), attorneys representing parents in the case, or a guardian ad litem (court-appointed advocate for the child). Requests must follow the Rules of Procedure for Child Abuse and Neglect Proceedings, and the circuit court can only appoint a CASA if that court is already served by a CASA program.
HB 2157: Provide One Time Temporary Vehicle Permits to be Purchased and Printed Online
Lead Sponsor: Delegate Burkhammer
This bill makes several changes to modernize West Virginia's one-movement vehicle stickers, which allow drivers to temporarily operate an unregistered vehicle. The key changes include requiring the Division of Motor Vehicles to make these stickers available for purchase online, with electronic payment and digital sticker delivery options. The validity period is now doubled, from 48 hours to 96 hours (four days) after issuance for one-time vehicle movement. It also clarifies that one-movement stickers cannot be used as proof of vehicle ownership and gives the commissioner authority to determine the form of the sticker, whether physical or electronic. The $10 fee remains the same, with half going to the State Road Fund and half to maintaining our interstate welcome centers and rest areas.
HB 2399: Relating the Taxation of Managed Timber
Lead Sponsor: Delegate Hillenbrand (R-Hampshire, HD 88)
Sponsors: Delegates Horst (R-Berkeley, HD 95), Masters (R-Berkeley, HD 91), Ward (R-Hardy, HD 86), Mazzocchi (R-Logan, HD 31), Cooper (R-Summers, HD 40), and Kimble
This bill changes the frequency of certifications required for landowners participating in West Virginia's managed timberland tax program to five years. To qualify for managed timberland status, property owners must certify in writing to the Division of Forestry that their property meets the definition of managed timberland and commit to managing it according to an approved plan that maintains its forestry use. The State Tax Commissioner and the Division of Forestry are granted specific rulemaking authority to administer the managed timberland program. This change reduces the administrative burden on landowners while maintaining the tax incentive program designed to encourage forest conservation and proper forest management practices.
HB 2709: Permitting a Voter with a Change of Address to Vote in his or her new Precinct without having to Cast a Provisional Ballot
Lead Sponsor: Delegate Akers (R-Kanawha, HD 55)
Sponsors: Delegates Crouse (R-Putnam, HD 19), Leavitt (R-Kanawha, HD 53), Petitto (R-Harrison, HD 70), Shamblin (R-Kanawha, HD 59), Hall (R-Kanawha, HD 58), Drennan (R-Putnam, HD 20), Jeffries (R-Kanawha, HD 61), J. Cannon (R-Putnam, HD 21), and Hornby
This bill allows voters who have moved within the same county to vote in their new precinct without having to cast a provisional ballot during the early in-person voting period. Previously, these voters would have been required to cast provisional ballots, which would be reviewed whether to count at the election canvass (which occurs five days after Election Day), where officials verified the voter’s eligibility. If voters who have changed addresses within the same county wish to vote the ballot of their new precinct, they must provide proof of the address change at early voting, and the County Clerk must update their address in the statewide voter registration system prior to the election canvass . The law also clarifies that during early voting, county clerks cannot challenge absentee ballots from voters who have moved within the county if they provide proof of address and get their registration updated in time.
HB 3313: Providing More Opportunities for High School Students in Community Colleges
Lead Sponsor: Delegate Dittman (R-Braxton, HD 63)
Sponsors: Delegates Eldridge (R-Lincoln, HD 30), Horst, Ridenour (R-Jefferson, HD 100), Campbell (R-Greenbrier, HD 46), Kyle (R-Randolph, HD 66), McCormick (R-Monongalia, HD 82), Willis (R-Brooke, HD 3), Dean (R-Mingo, HD 34), Hott (R-Grant, HD 85), and Miller (R-Morgan, HD 90)
This bill makes two key changes to West Virginia's community and technical college consortium system in order to provide more program flexibility and accessibility. First, it adds Braxton County High School as a participating institution in the Southeastern District, which is facilitated by New River Community and Technical College and serves counties including Raleigh, Summers, Fayette, Braxton, Nicholas, Webster, Pocahontas, Greenbrier, Monroe, and Mercer. Second, it creates a new provision allowing participating institutions to partner with community and technical colleges outside their designated region if their assigned facilitating community college doesn't offer a particular program and hasn't developed that program within two years of a formal request. The participating institution can partner without restriction with community and technical colleges from other regions to accommodate the program request.
July 7th, 2025
SB 810: Clarifying Requirements for Administration of Anesthesia and Chronic Pain Practice by Certain Licensed Nurses
Lead Sponsor: Senator Rucker (R-Jefferson, SD 16)
Sponsors: Senators Fuller (R-Wayne, SD 5), Taylor (R-Taylor, SD 14), Bartlett (R-Kanawha, SD 8), Rose (R-Monongalia, SD 2), Roberts (R-Raleigh, SD 9), Maynard (R-Wayne, SD 6), Hart (R-Mingo, SD 6), and Helton
This bill clarifies the qualifications and scope of practice for certified registered nurse anesthetists (CRNAs) in West Virginia and the administration of anesthesia in cooperation with physicians, dentists, and podiatrists. “Cooperation” is defined as a team-based process where the physician, dentist, or podiatrist directs the patient's medical or dental care. For dentists to work with CRNAs, they must hold an anesthesia permit under state law. Physicians, dentists, and podiatrists are protected from liability for any acts or omissions by the CRNA during anesthesia administration. To qualify as a CRNA, a nurse must hold a registered professional nursing license, have a current advanced practice registered nurse license, complete an accredited graduate nurse anesthetist program, and maintain current national certification. The law explicitly states that CRNAs do not have independent practice authority and must work under the direction of one of the medical doctors listed above. The Board of Nursing must provide annual reports to the Legislature beginning July 1, 2026, documenting any problems or treatment complications related to CRNA practice.
HB 2217: Relating to Penalties for Conspiracy to Commit Murder
Lead Sponsor: Delegate Steele (R-Raleigh, HD 42)
The purpose of this bill is to create enhanced penalties for conspiracy crimes based on the severity of the underlying offense being planned, establishing three tiers of felony conspiracy penalties beyond the standard conspiracy charges. For conspiracy to commit felony crimes of violence against a person or felony crimes where the victim was a minor child, the penalty increases to three to fifteen years in prison, up from the standard one to five years. For conspiracy to commit the most serious crimes, such as kidnapping, arson in the first degree, sexual assault in the first degree, or any felony punishable by life imprisonment - the penalty becomes five to twenty-five years in prison. Existing penalties are maintained for standard felony conspiracy (one to five years in prison and/or up to $10,000 fine) and misdemeanor conspiracy (up to one year in jail and/or up to $1,000 fine). It also clarifies that conspiracy charges under this section can be pursued even if the conduct is also covered by other criminal statutes, and it preserves existing conspiracy provisions in other parts of the criminal code.
HB 2360: Clarifying the Victims of Crimes Against Law-Enforcement Officers
Lead Sponsor: Delegate Kelly (R-Tyler, HD 8)1
This legislation creates a comprehensive definition of "law-enforcement officer" that applies to specific criminal statutes in West Virginia. It ensures that crimes against law enforcement personnel apply to the full range of individuals involved in law enforcement activities, not just traditional police officers. The new definition incorporates the existing definition from the law enforcement certification code and expands it to include chief executives, law-enforcement officials, and pre-certified law-enforcement officers as defined in that same section. Additionally, it covers any person who is hired, elected, appointed, or otherwise authorized by state law to engage in or supervise the prevention, detection, or investigation of criminal violations. This broader definition applies specifically to three criminal statutes: §61-2-10b, §61-5-17, and §61-5-17a.
HB 2711: Relating to the Repeal of the Common Law Rule Against Perpetuities by Extending it to 1,000 years for all Trusts
Lead Sponsor: Delegate Akers
Sponsor: Delegates Criss (R-Wood, HD 12), Hott, Barnhart (R-Pleasants, HD 9), and Funkhouser (R-Jefferson, HD 98)
This bill modernizes West Virginia's rule against perpetuities, which limits how long property interests can remain uncertain or unvested. For trusts created on or after July 1, 2025, the law extends the period where property interests must vest or terminate from 90 years dramatically to 1,000 years, unless the trust document specifies a shorter timeframe. The law also clarifies that when property powers are passed from one person to another in a chain, all future interests are treated as starting from when the first power was created. Additionally, it creates a rule of construction presuming that property creators intended their interests to be valid, and allows courts to reform invalid arrangements to approximate the original intent while staying within legal limits.
HB 2761: Relating Generally to Magistrate Courts
Lead Sponsor: Delegate Akers
Sponsors: Delegates Maynor (R-Raleigh, HD 41), Barnhart, Criss, D. Cannon (R-Hampshire, HD 89), and Funkhouser
This bill increases the dollar limit for civil cases in West Virginia magistrate courts from $10,000 to $20,000, excluding interest and costs. It maintains all other existing jurisdictional rules for magistrate courts, including their authority over unlawful entry and detainer cases (evictions) and wrongful occupation of rental property, as long as property title isn't disputed. Magistrate courts still cannot handle equity actions, eminent domain cases, real estate title disputes, actions for false imprisonment, malicious prosecution, slander, libel, or extraordinary remedies. The change allows more cases to be resolved in the more accessible and streamlined magistrate court system rather than requiring them to go to circuit court.
HB 2897: Permitting the Legislative Auditor to Conduct Periodic Performance and Financial Audits of the West Virginia Department of Education
Lead Sponsor: Delegate Ellington (R-Mercer, HD 38)
Sponsors: Delegates Statler (R-Monongalia, HD 77), Hornby, Crouse, Willis, Dittman, Toney (R-Raleigh, HD 43), and Campbell
This bill authorizes the Joint Committee on Government and Finance, working with the Legislative Oversight Commission on Education Accountability, to direct the Legislative Auditor to conduct periodic performance audits of the West Virginia Department of Education. The Legislative Auditor gains broad authority to inspect all department records and accounts, examine personnel, and review productivity and meeting standards while ensuring local control is maintained. The law also extends this audit authority to county boards and local school districts that use state funding. Also included are important privacy protections, requiring the Legislative Auditor to maintain the same confidentiality, privacy, and security standards for protected information as the Department of Education itself must follow. The Legislative Oversight Commission on Education Accountability can request audits that must be approved by the Joint Committee on Government and Finance. An initial performance audit of the Department of Education is to be completed by December 1, 2025, with the report delivered to both the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability.
HB 3030: Administration of the West Virginia Water Pollution Control Act
Lead Sponsor: Delegate Fehrenbacher (R-Wood, HD 11)
Sponsors: Delegates Anderson (R-Wood, HD 10) and Zatezalo (R-Hancock, HD 2)
This bill removes fee caps on water pollution control permits in West Virginia, allowing the state to set permit fees through the rulemaking process without statutory limits. The existing Water Quality Management Fund is maintained, which collects permit application fees, annual permit fees, and other related revenues to fund the permit review and issuance process. The secretary is required to establish fee schedules through legislative rulemaking based on the complexity of permit application reviews and the relative potential for environmental impact. Surface coal mining operations have specific fee amounts set in statute, including $1,000 for permit applications, $3,000 for renewals, $2,000 for major permit modifications, $1,000 for minor modifications, $3,000 for permit reissuance, $2,000 for permit transfers, and $2,000 annual permit fees. Water quality certification applications for activities requiring federal Army Corps of Engineers permits carry a $500 fee. The bill preserves the exemption for small home aerator systems (600 gallons and under) from annual permit fees and maintains quarterly reporting requirements to the Joint Committee on Government and Finance.
HB 3157: Relating to Shortened Procedure for Road Condition Claims
Lead Sponsor: Speaker Hanshaw
This bill creates a streamlined process for handling small road condition claims against the state. The shortened procedure applies only to claims that meet specific criteria: the claim must be for property damage caused by conditions on state highways or roads, the Division of Highways must agree to pay the full amount or a specific portion of the claim, and the stipulated amount cannot exceed $3,000. The claim also cannot arise under the current fiscal year's appropriation. Under this expedited process, the Claims Commission clerk prepares a stipulation for commission approval, then sends a release form to the claimant. Once the claimant signs and returns the release, the clerk notifies the Division of Highways, which then certifies the claim and sends it to the State Auditor, who then issues a warrant to the Treasurer for payment without conducting further examination beyond confirming there's sufficient funding in the appropriation.
As of June 2025, David Kelly has resigned from the House of Delegates. He was appointed by Governor Morrisey as a commissioner of the WV DCR.