Effective From Passage: April 10th & 11th, 2025
NIL, Budget Bill, and more!
April 10th
HB 2002: Establishing One Stop Shop Permitting Process
Lead Sponsor: Speaker Hanshaw (R-Clay, HD 62)
Bill Sponsors: Delegate Hornbuckle (D-Cabell, HD 25)
This bill creates a One-Stop-Shop Permitting Program to consolidate and streamline West Virginia’s business permitting, licensing, and registration processes through an online Permitting Dashboard. By January 1, 2027, the Secretary of the Department of Administration must launch an online Permitting Dashboard where applicants can research, apply for, and renew permits from multiple state agencies in one place. It will also coordinate between agencies to sequence permits more efficiently and protect confidential business information. This program covers permits from the Departments of Commerce, Environmental Protection, Revenue (excluding the Lottery and Financial Institutions), Tourism, Transportation (excluding Motor Vehicles), the Office of Environmental Health Services, and the Secretary of State. The bill creates accountability measures requiring agencies to refund all permit fees if they fail to process applications within established deadlines starting January 1, 2027. Agencies must first report their current permit types, processing steps, timelines, and approval/rejection data. For permits without existing statutory deadlines, the Secretary must propose rules establishing processing deadlines. The refund requirement isn’t applicable if applications are incomplete and agencies notify the applicants within 10 business days, and they are given 30 days to correct the deficiencies.
HB 2576: NIL Protection Act
Lead Sponsor: Delegate Statler (R-Monongalia, HD 77)
Bill Sponsors: Delegates Chiarelli (R-Monongalia, HD 78), Worrell (R-Cabell, HD 23), Amos (R-Wayne, HD 27), Lucas (R-Cabell, HD 24), Linville (R-Cabell, HD 22), Riley (R-Harrison, HD 72), Ellington (R-Mercer, HD 38), Maynor (R-Raleigh, HD 41), J. Cannon (R-Putnam, HD 21), and McCormick (R-Monongalia, HD 82)
This bill establishes West Virginia’s framework for student-athlete name, image, and likeness (NIL) compensation at higher education institutions. Colleges and universities can now enter into NIL agreements with student-athletes, set terms and conditions on such compensation (including limiting other NIL deals), and help facilitate NIL opportunities. Student-athletes can earn NIL compensation, hire athlete agents or attorneys to help with NIL matters, and retain earnings. Although student-athletes may receive NIL compensation, the bill explicitly states that this does not make the student-athletes employees of the institution, nor can institutions use state-appropriated funds for NIL payments. The bill also prohibits athletic associations, conferences, or oversight organizations from penalizing institutions or student-athletes for engaging in activities authorized by this law.
There are also restrictions for certain industries in which student-athletes cannot earn NIL compensation. Student-athletes are prohibited from endorsing the following: alcohol, adult entertainment, cannabis products (excluding hemp), controlled substances, performance-enhancing drugs, drug paraphernalia, tobacco and vaping products, or casinos and gambling (including sports betting).
HB 2595: Non Profit Athletics Act
Lead Sponsor: Delegate Riley
Bill Sponsors: Delegates Ellington, Maynor, J. Cannon, Fehrenbacher (R-Wood, HD 11), McCormick, Rohrbach (R-Cabell, HD 26), Chiarelli, Statler, Browning (R-Wayne, HD 28), and Lucas
This bill allows colleges and universities in West Virginia to contract with private nonprofit corporations to manage their intercollegiate athletics programs and related business operations. This expands existing law that already allows partnerships with private corporations for research and development activities. These corporations can handle operational, economic, fiscal, and educational development activities related to athletics programs, including receiving and managing property, owning membership interests in other entities, and undertaking any activities allowed under the West Virginia Nonprofit Corporation Act. Matters relating to athletics operations are also exempt from open meetings laws and Freedom of Information Act (FOIA) requirements, allowing these organizations to operate with less public transparency than the universities themselves. These corporations must be organized as 501(c)(3) nonprofit entities, and upon dissolution, their assets must transfer to another qualifying nonprofit for the benefit of the institution. The bill also allows the institutional governing boards to transfer real and personal property to these corporations and exempts such transfers from normal state requirements. Corporations can serve as fiscal agents for athletics programs, pay for personnel costs including fringe benefits, and recover overhead expenses from the institution.
HB 2773: Higher Ed Rules
Lead Sponsor: Delegate Ellington
Bill Sponsors: Delegates Willis (R-Brooke, HD 3), Dittman (R-Braxton, HD 63), Jennings (R-Preston, HD 84), Pritt (R-Fayette, HD 50), Hornby (R-Berkeley, HD 93), Toney (R-Raleigh, HD 43), Statler, Crouse (R-Putnam, HD 19), T. Clark (R-Webster, HD 48), and Mallow (R-Marion, HD 75)
This bill ratifies dozens of administrative rules that have been filed by the Higher Education Policy Commission (HEPC) and the Council for Community and Technical College Education for almost two decades. For the HEPC, newly authorized rules include the Accountability System and the Underwood-Smith Teaching Scholars and Teacher Education Loan Repayment Program. For the Council for Community and Technical College Education, the bill authorizes a new rule on Employing and Evaluating Presidents and repeals an older Accountability System rule.
HB 2889: To Permit a Fairness Hearing Exemption to the Registration Requirements of the Uniform Securities Act.
Lead Sponsor: Delegate Criss (R-Wood, HD 12)
Bill Sponsors: Delegates Barnhart (R-Pleasants, HD 9) and Hott (R-Grant, HD 85)
This bill authorizes the West Virginia Commissioner of Securities to conduct fairness hearings for corporate reorganizations, recapitalizations, or refinancings that involve exchanging securities. Currently, these transactions must register with the state unless they meet specific exemptions, which can be time-consuming and expensive. Under this new process, companies can apply for a fairness hearing instead of going through full registration. This applies to corporations or limited liability companies organized in West Virginia, or with their principal place of business in the state when they’re proposing to exchange existing securities, claims, or property interests for new securities (or partly for cash). The process does not apply if no new securities are being issued. Companies must file an application with supporting documents and pay a filing fee up to $500. The Commissioner must hold a fairness hearing within 30 days of receiving a complete application. The company must notify all affected parties at least 10 days before the hearing, and holders of a majority of the company’s debts or any class of securities have the right to appear. Hearings can be conducted in person, by video, by phone, or any other appropriate method. Within 10 business days after the hearing, the Commissioner must issue findings on whether the terms are fair and either approve or deny the plan. Securities issued under an approved plan are exempt from state registration requirements. The Commissioner can recover costs associated with conducting the hearing and preparing findings.
HB 3133: Permitting Counties and Municipalities to Enter Into Memoranda of Understanding for Demolition of Dilapidated Structures
Lead Sponsor: Delegate Shamblin (R-Kanawha, HD 59)
Bill Sponsors: Delegates Akers (R-Kanawha, HD 55), T. Howell (R-Kanawha, HD 52), Petitto (R-Harrison, HD 70), J. Cannon, Ferrell (R-Kanawha, HD 60), Jeffries (R-Kanawha, HD 61), and Hall (R-Kanawha, HD 58)
This bill allows counties and municipalities to enter into a voluntary memoranda of understanding (MOU) to work together on demolishing dilapidated structures. Currently, counties have authority to demolish unsafe buildings only in unincorporated areas, and municipalities within their city limits, but they cannot easily cross jurisdictional lines to help each other. Language is added to both the county code and municipal code sections authorizing these cooperative agreements. Under the MOU, a county commission can demolish dilapidated structures within a municipality that requests the county’s help, and the parties can choose to follow either the county’s or the municipality’s procedures for handling the demolition process.
HB 3522: Supplemental Appropriation to Arts, Culture and History.
Bill Sponsors: Delegates Dittman, Fehrenbacher, Hott, Barnhart, Howell, Horst (R-Berkeley, HD 95), Cooper (R-Summers, HD 40), Rohrbach, Mazzocchi (R-Logan, HD 31), and Linville
This bill appropriates $2 million from the state’s General Revenue Fund to the Division of Culture and History for the current fiscal year ending June 30, 2025. The money is designated as a directed transfer that must go to the Cultural Facilities and Capital Resources Matching Grant Program Fund.
April 11th
SB 325: Authorizing Department of Health to Promulgate Legislative Rules
Lead Sponsor: Senator Woodrum (R-Summers, SD 10)
This bill authorizes administrative rules for the Department of Health, Department of Human Services, and Office of Inspector General. The Department of Health gets approval for rules covering public water systems, trauma and emergency care, fatality review teams, vital statistics, emergency medical services, Primary Care Support Program, and the Medical Cannabis Program. It also authorizes critical access hospital rules and directs updates to sewage treatment design standards, including new minimum design loadings for breweries, cideries, distilleries, and wineries with various licensing types.
The Department of Human Services receives authorization for two major rules. The Recovery Residence Certification and Accreditation Program rule was amended by the Legislature to add transparency and anti-trafficking provisions. Recovery residences must now post complaint information and human trafficking resources in common areas, conduct resident exit surveys, and disclose all facilities they own or manage nationwide plus any lawsuits or regulatory actions. The amended rule requires extensive data reporting including resident citizenship, medication-assisted treatment details, work arrangements and compensation, rent amounts and reductions, referral sources, and treatment agreements. Recovery residences must retain leases and provider agreements for five years and make them available to investigators. The bill also authorizes rules for drug screening applicants for cash assistance and directs amendments to child placing agency licensure rules.
The Office of Inspector General receives approval for hospital licensure and behavioral health center licensure rules, with the Legislature making technical corrections and amendments including clarifying that firearms cannot be present in vehicles transporting behavioral health consumers.
SB 833: Excluding Pharmaceutical Medication From Prior Authorization Gold Card Process
Lead Sponsor: Senator Chapman (R-Ohio, SD 1)
This bill clarifies that pharmaceutical medications are excluded from West Virginia’s prior authorization “gold card” exemption program. Currently, healthcare practitioners who perform at least 30 procedures per year with a 90% approval rating can skip prior authorization requirements for at least six months. The bill amends prior authorization laws across multiple insurance types including: Public Employees Insurance Agency (PEIA), Medicaid (Bureau for Medical Services), accident and sickness insurance, group insurance, hospital service corporations, health care corporations, and health maintenance organizations. It explicitly states that insurers can still require prior authorization for pharmaceutical medications even when a practitioner has gold card status.
HB 2011: To Supplement, Amend, and Increase an Existing Item of Appropriation in the Aforesaid Accounts for the Designated Spending Unit for Expenditure During the Fiscal Year 2025.
Lead Sponsor: Speaker Hanshaw
Bill Sponsors: Delegate Hornbuckle
This bill appropriates $123 million to the Department of Human Services’ Medicaid State Share Fund for the current fiscal year ending June 30, 2025. The money comes from the Health Care Provider Tax fund rather than state General Revenue.
HB 2026: Budget Bill
Lead Sponsor: Speaker Hanshaw
Bill Sponsors: Delegate Hornbuckle
The Budget Bill is an extensive piece of legislation proposed by the Governor and the constitutionally required bill for the Legislature to pass annually. The budget is proposed by the Governor, and the Legislature has the role of ensuring it gets passed and can make amendments. The bill appropriates funding from the state treasury to all branches of government and state agencies for the fiscal year beginning July 1, 2025. After the passage by the Legislature, Governor Morrisey made 29 line item vetoes before signing it into law.
HB 2742: Relating to Creating Limited Waiver From Certificate of Public Convenience and Necessity Requirement for Certain Water or Sewer Services Projects.
Lead Sponsor: Delegate Riley
Bill Sponsors: Delegates Linville, D. Cannon (R-Hampshire, HD 89), and Eldridge (R-Lincoln, HD 30)
This bill creates a limited waiver from certificate of public convenience and necessity requirements for certain water and sewer projects approved by the Infrastructure and Jobs Development Council. Currently, water and sewer utilities with at least 4,500 customers and more than $3 million in annual revenue must obtain a certificate of public convenience and necessity from the Public Service Commission (PSC) before constructing new facilities. An exception is now added: projects reviewed and approved by the Infrastructure and Jobs Development Council as technically feasible are automatically exempt from the certificate requirement. For projects that still need a certificate but have received Infrastructure Council approval, the bill creates an expedited timeline. The PSC must render a decision within 180 days instead of the standard 270 or 225 days, unless a substantial protest is filed within 30 days of public notice. The bill also waives the standard 30-day advance notice requirement to the commission for Infrastructure Council-approved projects, allowing utilities to move forward more quickly.
HB2002 is a really good improvement. It reduces the frustration of multiple agency requirements and anger at “bureaucracy” if done well. Make it simple and easy to understand.