Effective From Passage: March 2025
Continuing our look back on the bills that the WV Legislature passed this prior session.
As we get closer to the start of the 2026 Legislative Session, we’re picking back up with our Effective From Passage series. Each installment highlights the bills that were passed during the 2025 Legislative Session, grouped by the date/month they went into effect.
March 12th, 2025
SB 358: Authorizing Department of Transportation to Promulgate Legislative Rules
Lead Sponsor: Senator Woodrum (R-Summers, SD 10)
This bill gives formal approval to multiple administrative rules the various Department of Transportation agencies had been working on throughout 2024. The Division of Highways (DOH) can now implement rules covering road construction, right-of-way usage, hazardous waste transportation, and wireless facility placement. The Division of Motor Vehicles (DMV) received approval regarding rules on license suspensions and revocations, information disclosure, handicapped placards, and vehicle titling. One notable change allows drivers to obtain credit for license suspensions they already served in other states if those states were slow to report the conviction to West Virginia. Additionally, the Parkways Authority’s electronic toll collection rules were also approved.
March 13th, 2025
SB 443: Authorizing Speech-Language Pathology and Audiology Board of Examiners to Conduct Criminal Background Checks for Licensing
Lead Sponsor: Senator Tarr (R-Putnam, SD 4)
This bill requires speech-language pathologists, audiologists, and their assistants to undergo criminal background checks when applying for the initial privilege to practice in West Virginia, under the interstate compact system. Applicants have to submit fingerprints and authorize the state board, West Virginia State Police, and FBI to run background checks. These results stay confidential and can only be released to the person themselves with their written permission, or through a court order. Applicants are responsible for the fingerprinting and background check costs. The board can write rules to implement these requirements, including emergency rules if needed.
SB 462: Permitting Board of Occupational Therapy to Require Criminal History Record Checks
Lead Sponsor: Senator Takubo (R-Kanawha, SD 17)
This bill authorizes the Board of Occupational Therapy to require criminal background checks for occupational therapists and occupational therapy assistants applying for compact privileges to practice across state lines. Like similar legislation for other healthcare professions, applicants must submit fingerprints and pay for their own background checks, with results kept confidential except to the applicant themselves, with their written authorization to share with others, or by court order. The bill also cleans up the code by repealing an outdated section on special volunteer licenses and immunity for occupational therapists providing services to indigent patients. The board has until 2026 to write the rules implementing these background check requirements.
March 14th, 2025
HB 2354: Banning certain products from food in West Virginia
Lead Sponsor: Delegate Burkhammer (R-Lewis, HD 64)
Bill Sponsors: Delegates Masters (R-Berkeley, HD 91), Pritt (R-Fayette, HD 50), Worrell (R-Cabell, HD 23), Hite (R-Berkeley, HD 92), Mazzocchi (R-Logan, HD 31), Brooks (R-Raleigh, HD 45), and Horst (R-Berkeley, HD 95)
This bill bans several synthetic food dyes and additives from being used in school meals beginning August 1, 2025. This includes: Red Dye No. 3 and 40, Yellow Dye No. 5 and 6, Blue Dye No. 1 and 2, and Green Dye No. 3. The state’s food adulteration code is updated to classify these same dyes, plus butylated hydroxyanisole and propylparaben, as “poisonous or injurious to health,” though that broader designation doesn’t take effect until January 1, 2028. Schools can still allow foods with these dyes to be sold during fundraisers as long as the sales happen off school property or at least 30 minutes after the school day ends. The law exempts small sellers who sell less than $5,000 worth of products containing these additives per month from criminal penalties.
Note: As of December 23rd, 2025, US District Judge Irene Berger of the Southern District of West Virginia issued a preliminary injunction to halt the implementation of this bill.
March 19th, 2025
HB 2222: Relating to authorizing certain agencies of the Department of Administration to promulgate legislative rules
Lead Sponsor: Delegate D. Smith (R-Mercer, HD 39)
This bill authorizes the Department of Administration and its various divisions to implement a series of administrative rules that were developed and filed throughout 2024. Rule changes include how state records are preserved, retained, disposed of, and stored at the Records Center, as well as fleet management exemptions and financial services reporting. It also approves operational and telecommunications payment rules for both the Information Services and Communications Division and the Office of Technology. Additionally, the bill authorizes Public Defender Services to implement rules governing how court-appointed attorneys get paid their fees and reimbursed for expenses.
March 20th, 2025
SB 336: Authorizing Department of Homeland Security to promulgate legislative rules
Lead Sponsor: Senator Woodrum
This bill authorizes several Department of Homeland Security agencies to implement administrative rules developed in 2024. The Governor’s Committee on Crime, Delinquency, and Correction gets approval for rules on how law enforcement should respond to child abuse and neglect cases, as well as protocols for sexual assault forensic examinations. The Division of Protective Services can now formalize the ranks and duties of its officers, while the State Emergency Response Commission has approval for its Emergency Planning Grant Program rules. The West Virginia State Police receives authorization for its cadet selection process and career progression system, with an amendment removing a two-year restriction from the cadet selection criteria.