Every Legislative session we track hundreds of bills and resolutions.  This year you can see all the legislation we are following.  Our tracking list will be updated daily to reflect newly introduced legislation, the progress of introduced bills, and amendments to bills that may change their effect or our position on the bill.  You can find more information about specific bills on the West Virginia Legislature's website. Be sure to check back regularly for more in-depth descriptions of key bills as well.

 


 

Chamber and Type Number Title Our Position Explanation
HB 2002 Education Savings Account Oppose Education savings accounts take money from public education. Public money is often used for religious education. And because ESA's rarely cover the full cost of private education, so it is primarily families with resources who benefit.
HB 2008 Relating to nonpartisan election of justices of the Supreme Court of Appeals Support This bill provides a run-off for Supreme Court of Appeals elections if the candidate does not reach a 40% thresh hold. This would be an improvement over election by a small plurality.
HB 2012 Establishing country roads accountability and transparency Support Roads may not be an ACLU issue. However, expanding government transparency is.
HB 2025 Requiring the Human Rights Commission, when investigating a complaint of discrimination, to specifically include an examination of the intent of the person Oppose Intent is notoriously hard to prove, and this bill will limit the ability of the Human Rights Commission to exercise its role in protecting people who face discrimination.
HB 2029 Relating to Public Defender Services Support This bill provides a pay increase and potential government benefits for attorneys who take on court-appointed defense work. This should increase the availability of defense attorneys leading to smaller case loads and better representation for defendants.
HB 2031 Permitting persons who have been issued state licenses to carry concealed deadly weapons to carry those weapons on the grounds of the State Capitol Complex Oppose While the West Virginia Constitution does provide an individual right to carry a firearm, the presence of firearms can stifle necessary debate on controversial topics.
HB 2032 Permitting the carrying of concealed weapons on the campus of a state institution of higher education Neutral This legislation raises concerns about stifling debate on controversial topics. The ACLU will monitor to see how the legislation develops.
HB 2033 Establishing procedures for carrying out the death sentence Oppose The ACLU unequivocally opposes the death sentence
HB 2050 Prohibiting confidential settlement terms of a contested case involving sexual harassment, sexual abuse, or sexual assault Neutral Nondisclosure agreements are legally fraught, and, and the 'Me Too' movement demonstrated, serial offenders often use these agreements to continue predatory behavior. However, there are privacy concerns that need to be monitored in legislation like this.
HB 2056 Repealing the West Virginia Workplace Freedom Act and restoring prior law Support The ACLU of WV oppposed the 'Right to Work' legislation and would support its repeal
HB 2060 Relating to the procedures for driver's license suspension and revocation in criminal proceedings for driving under the influence of alcohol, controlled substances or drugs Neutral This bill eliminates Administrative hearings for the suspension or revokation of drivers licenses. We will follow this closely to ensure that due process protections remain in place.
HB 2062 The Healthy and Safe Workplace Act Neutral This bill provides protections and a course of action to prevent workplace bullying. Steps to prevent workplace harassment are good. However, we will monitor to ensure that adaquate 1st amendment protections remain in place.
HB 2066 Establishing an alternative methodology for pretrial release of persons charged with crimes Support This is one bail reform proposal. The proposal guides the West Virginia Supreme Court of Appeals to study and then develop a rule that would reduce the use of financial conditions for pretrial release.
HB 2074 Life at Conception Act of 2019 Oppose The legislation expands the definition of person and the protections of the 14th amendment to all stages of the human development process. This has significant repercussions for abortion rights, and would create significant other legal complications.
HB 2080 Authorizing possession and smoking of medical cannabis by approved persons Support This expands the medical cannabis program to smoking of medical cannabis.
HB 2096 Relating to the juvenile justice reform oversight committee Support This bill encourages the juvenile justice reform oversight committee to provide further information regarding cost-savings from prior reforms and directs those savings to be put into an account to fund further reforms.
HB 2100 Establishing a pilot program to develop school-based mental and behavioral health services Support This bill creates a pilot program to combine school-based diversion with school-based mental health services. This is a way to both keep kids out of the school-to-prison pipeline and connect them with services without the courts.
HB 2109 Extending the maximum period of confinement a judge may impose for certain, first-time probationary violations Oppose This bill increases the possible sentence for first-time probation violations. This will likely result in more people in jail for minor and/or technical violations.
HB 2120 Providing local government the authority to place video cameras at road intersections Neutral This bill allows traffic cameras to help determine the cause of traffic accidents. It specifically forbids the use for traffic law enforcement. Additional privacy protections would strengthen this bill.
HB 2126 Requiring county boards of education to provide released time for professional educators and service personnel when serving in an elected municipal or county office Support This small change ensures that teachers and school staff are assured time off to serve in municipal and county elected offices.
HB 2134 Requiring retail establishments offering gasoline or other motor fuel to provide refueling assistance and refueling access to persons with a disability Support This is a disability-rights piece of legislation which helps ensure people with certain limitations are able to get assistance when refueling their vehicles.
HB 2137 Requiring persons who are in the business of purchasing precious metals and precious gems to photograph those purchases and to transmit the photographs to law-enforcement Neutral This bill makes changes to a criminal sentencing guideline - reducing a crime from a felony to a misdemeanor. However, there are concerns about requiring information be provided to law enforcement. The ACLU will monitor to ensure the legislation is not monitored in a manner that would negatively affect rights.
HB 2142 Issuing identification documents to homeless individuals residing at homeless shelters Support The lack of ID is often a barrier to services, housing and employment for homeless individuals. This bill provides that they are eligible for a free ID.
HB 2153 Relating to social determinants of health Support This legislation focuses on studying social and economic factors affecting minority comunities and developing projects to assist those communities based on findings.
HB 2155 Relating to Capitol Complex security access Oppose This legislation gives lobbyists and those with financial means greater access to the Capitol than other citizens.
HB 2158 Relating to alternate sentencing for nonviolent felony offenders Support This allows judges to impose the felony-minimum of 1 year for non-violent felonies. The law would override mandatory minimum sentences and reassert judicial discretion in some cases.
HB 2161 Prohibiting sexual offenders from residing within one thousand feet of a school or childcare facility Oppose This bill would mandate certain sexual offenders are on GPS monitoring for the rest of their lives and could not reside within 1000 feet of a school or daycare facility. The ACLU opposes these types of blanket-restrictions as opposed to case-by-case assessments of proper release conditions. Additionally, these restrictions can effectively eliminate all viable housing options in some communities.
HB 2162 West Virginia Native American Tribes Unique Recognition, Authentication and Listing Act Neutral This bill provides recognition of certain First Nation Tribes in West Virginia and protects other individuals or groups from appropriating and profiting from the tribal name. Generally, the ACLU supports this concept. However after discussion with some First Nation individuals, there are concerns about what tribes are, and are not included. The ACLU will not take a position until these issues are resolved.
HB 2164 Clarifying that appeals to the Supreme Court are a matter of right Support This bill requires that all appeals the the WV Supreme Court of Appeals are a matter of right and are given a written decision on the merits. The ACLU supports this as a necessary check and balance in our legal system.
HB 2169 Allowing a group of affiliated voters to become a recognized political party under certain criteria Support This expands which groups will be recognized as a political party in WV. This in turn helps foster representation and civic participation.
HB 2192 Requiring pawnbrokers to providing certain information to law-enforcement agencies Oppose This bill creates significant privacy concerns.
HB 2194 Creating a domestic violence registry Oppose The ACLU is broadly opposed to registries.
HB 2195 Creating the West Virginia Sentencing Commission Support Generally, the ACLU wants to see reform in our sentencing laws, and the sentencing commission is a way to acheive that goal. However, negative experiences with the federal sentencing commission as well as sentencing commissions in other states means we will be monitoring this closely.
HB 2199 Requiring pawnbrokers to provide certain information to law-enforcement agencies Oppose This bill creates significant privacy concerns.
HB 2211 Budget and Spending Transparency Act Neutral This bill requires the creation of a searchable database of all public expenditures and information related to those expenditures. Broadly, the ACLU supports this type of transparency. However, since some of the information required by the bill is unlikely to be feasible, we will monitor for improvements.
HB 2212 Requiring bail bondsman and bail bond enforcer be subject to random drug testing Oppose While the ACLU has serious misgivings about the entire bail-bond industry, suspicionless drug tests are a serious infringement of privacy.
HB 2215 Making it a felony to knowingly expose another individual to HIV Oppose This bill treats HIV different from any other communicable disease, and further stigmitizes it.
HB 2217 Requiring all local special elections to be held on the days and hours of general, primary or state-wide elections Support By requiring all elections to take place on similar dates, it makes it easier for people to keep track of upcoming elections and participate.
HB 2218 Modifying the definition of child abuse or neglect to exclude accidental injury Support This bill will prevents criminalization, family separation, and contribution to the foster crisis for reasonable accidents.
HB 2227 Nondiscrimination in Involuntary Denial of Treatment Act Support This bill makes it harder for physicians to over-ride life-sustaining care based on the condition of a patient. This is both a matter of respecting bodily autonomy and disability rights.
HB 2308 Katherine Johnson Fair Pay Act of 2019 Support This bill ensures that employers cannot prohibit empolyees from discussing salaries and benefits, and prevents employers from inquiring about salary history. This is a good way to rectify gender and racial pay disparities.
HB 2317 Requiring the release of an unemancipated minor's medical records for drug testing Oppose This violates the privacy rights of minors.
HB 2320 Establishing a special memorial day to be known as Juneteenth honoring human rights and the end of slavery in the United States Support The ACLU supports recognition of Juneteenth.
HB 2325 Relating to net neutrality for state government Support The internet is a primary forum for many types of speech and the government can and should ensure that there is equal access to that forum.
HB 2327 Relating to public school education in dating violence, domestic abuse and sexual violence prevention Support This would require using evidence-based methods to teach students about issues regarding sexual and domestic violence, which is an important tool in prevention.
HB 2328 Relating to designation of social workers in the Department of Health and Human Services Support This would provide greater collaboration between social workers and the schools, including identifying at-risk youth and connecting those students with appropriate services. This could better serve youth with health needs and reduce the school-to-prison pipeline.
HB 2331 Relating to legalizing cannabis production, sales and adult consumption Support The ACLU supports ending the failed War on Drugs through decriminalization and legalization.
HB 2335 Family Protection Act Support This law would help to reduce gender wage and employment disparities by making it illegal to discriminate based on family responsibilities.
HB 2345 Developing a resource for use by parents to monitor and track deaf and hard-of-hearing children's receptive and expressive language Support This would create a process to help ensure that youth with auditory disabilities are receiving appropriate early intervention to meet certain academic benchmarks.
HB 2347 Providing long-term care and substance abuse treatment Support The ACLU supports the expansion of health care for people with substance abuse disorder and other chronic health issues. However, we will monitor this to ensure that these facilities are not used for long term involuntary commitments.
HB 2348 Authorizing magistrates to order emergency removal of child when parent's drug use creates unsafe environment Neutral Family separation is an extreme measure that creates truama for all involved. This legislation attempts to create an appropriate balance between due process rights and child welfare, however further examination is necessary.
HB 2350 Permitting public employees the right to collectively bargain Support Collective bargaining is an important element in the freedom of association that is foundational to labor rights.
HB 2368 Relating to education to children and adults housed in correctional facilities and regional jails Support This bill removes language that makes apporpiate youth and adult education contingent on funding.
HB 2376 Relating to the legalization of marijuana Support The ACLU supports ending the failed War on Drugs through decriminalization and legalization.
HB 2382 Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property Oppose Creating new crimes will not resolve the addiction crisis. Property owners have a very tenuous link to criminal activity, even if they were aware the activity was occurring.
HB 2383 Creating a pilot program for expansion of school-based mental health and school-based diversion Support This bill creates a pilot program to combine school-based diversion with school-based mental health services. This is a way to both keep kids out of the school-to-prison pipeline and connect them with services without the courts.
HB 2387 Requiring the Commissioner of Highways to verify legal employment status of contractors and vendors' employees for certain road and bridge contracts Oppose This bill contributes to discrimination against people with certain ethnic backgrounds, and will hurt immigrant communities.
HB 2395 Providing school days to register and transport students to vote Support This encourages civic engagement.
HB 2397 Requiring county school boards to provide adequate mental health and counseling services Support This bill requires counties to have appropriate services to identify and provide treatment for at-risk students. This provides an alternative to services required through the juvenile justice system and better services youth with unmet health needs.
HB 2406 Exempting persons with valid religious objections from having their photographs taken and placed on government licenses Support This is a basic protection for religious freedom.
HB 2419 Relating to the authorization to release a defendant or a person arrested upon his or her own recognizance Support This bill provides another version of bail reform. It creates a presumption that a person will be released without having to post bail for certain non-violent classes of crimes. For all other crimes it creates a "least restrictive" standard and enumnerates the factors to be considered in pretrial determinations and alternatives to pretrial incarceration.
HB 2432 Electing members of county school boards on a nonpartisan basis in general elections Support Nonpartisan elections help to encourage third-party and non-partisan candidates to run. This expands democratic participation.
HB 2444 Prosecuting Attorney's Detectives Act Neutral Many prosecutors already hire detectives. By providing guidelines and pofessional standars, this can help to reign in potential bad behavior. However, the language also deputizes these individuals, and the ACLU is skeptical about expanding police powers.
HB 2445 Creating the Independent Redistricting Commission of the Joint Committee on Government and Finance Support Partisan gerrymandering is a threat to democratic representation and participation. This would reduce that practice.
HB 2453 Relating to eligibility for parole Support This is a small reform to parole allowing people who have accumulated 30 years of good time credits and served time to be parole-eligible.
HB 2456 Relating to the definition of a political party for all state and local elections Support This expands the definition of a third party and the elections in which third parties get state recognition. The ACLU supports this as expanding democracy.
HB 2457 Educational Equality Act Oppose This is an educational tax credit. The ACLU opposes these as removing funding from public education and freeing state money up for things like religious education.
HB 2458 Providing that West Virginia will not participate in the REAL ID Act of 2005 Support The ACLU has opposed the REAL ID program under privacy concerns.
HB 2464 Requiring free feminine hygiene products in grades 6 through 12 Support Lack of acceess to menstrual products can interfere with a student's ability to attend or participate in school. People should not be denied equal access to educational opportunities.
HB 2471 Increasing criminal penalties for impersonation of law-enforcement officers or officials Oppose The ACLU oppose sentence enhancements or increasing criminal penalties. The bill was amended to reduce the presribed sentences.
HB 2473 Prohibiting the private ownership or operation of a prison Support West Virginia currently does not have any private prissons, and this legislation would ensure that that remain the case.
HB 2488 Relating to the theft of consumer identity protections Oppose The ACLU opposes sentence enhancements and mandatory minimum sentences.
HB 2494 Relating to the ineligibility for home incarceration for offenders under certain circumstances Oppose Incarceration is an extreme and traumatic way to address criminal behavior. We should be looking for ways to expand alternatives to incarceration, not limit them.
HB 2497 Relating to the whistle-blower law Support This provides additional protections for whistle-blowers. Whistleblower protections are important to protect government transparency and identify issues of bad governance.
HB 2502 Prohibiting registered sex offenders from participating in Halloween activities Oppose The ACLU opposes the use of registries. Laws like this put blanket restrictions on people, denying them due process through individual assessments of appropriate restrictions.
HB 2505 Relating to the ineligibility for probation of certain defendants Oppose This bill would deny parole to any person who had been convicted of 2 unrelated felonies.
HB 2508 Relating to certain defendants ineligible for probation Oppose This bill would deny parole to any person who had been convicted of 2 unrelated felonies.
HB 2519 The Campus Self Defense Act Neutral This legislation raises concerns about stifling debate on controversial topics. The ACLU will monitor to see how the legislation develops.
HB 2526 Creating an offense for public intoxication due to drug use Oppose This is an expansion of failed war on drug policies. It will likely result in people with disabilities being misidentified as intoxicated and subject to arrest.
HB 2549 Relating to compulsory school attendance Oppose This bill would reset the number of absences triggering a truancy action back to 5. Prior to refroms in 2015, truancy was the biggest driver of youth into the juvenile justice system.
HB 2562 Requiring the issuance of a search warrant before a driver of a motor vehicle can be made to submit to a secondary blood test Support Blood tests are highly invasive and requiring a warrant is a good due process protection.
HB 2563 Relating to civil asset forfeiture Support This bill would require that in a civil proceeding to forfeit property under law enforcement action, there must be a showing that the owner was convicted of a crimal offense.
HB 2581 Requiring recipients of Supplemental Nutrition Assistance Program be issued a photo identification card Oppose This bill would create criminal penalties for any person who uses a SNAP card that is not issued to them. This fails to account for people with families or disabilities.
HB 2593 Limiting the increase or decrease of state funding to a county board of education Neutral The state has a constitutional obligation to create a thorogh and efficient education system. Any changes that could affect funding are monitored to ensure that obligation is met.
HB 2605 Relating to the regular election of officers on state general election day Support If passed, municipalities would be required to run a ballot question during the next election asking if future municipal elections should fall on the state general election day. Doing so would likely increase voter participation, but by putting the question to voters, local control is maintained.
HB 2620 Modifying the contact requirements with a student's guardians upon accrual of unexcused absences Neutral This changes the state truancy law, allowing schools to make meaningful contact with parents or guardians, rather than sending a letter when unexcused absesnses start to accumulate. This is a good change. However the bill also removes the explicit authority to revise the number of unexcused absences after speaking with a parent or guardian which is a necessary protection if the student was marked absent or unenexcused improperly.
HB 2632 Tim Tebow Act Oppose This bill would require local public schools allow home-school or private-school students participate in public school academics or athletics. This requires schools to make expenditures for a student that they are not otherwise receiving money for.
HB 2634 Requiring school bus aides, who are trained in preventing bullying and providing a safe environment for students while being transported on a school bus, to be present on school buses Neutral The purpose of this bill is straightforward. Schools have a duty to provide a safe learning environment for all students. To that end this is a good piece of legislation, however, appropriate protections must be written in to ensure this does not lead to overuse of the disciplinary or judical system.
HB 2640 Making all inmates regardless of sex eligible to work on a state convict road force Neutral The ACLU supports ending discrimination on the basis of sex. However, we oppose the use of prison labor.
HB 2645 Relating to power of security guards to arrest individuals Oppose Those with police powers have the unique ability to affect the most basic rights of people. We should be wary of expanding those powers to people with even less training.
HB 2664 The West Virginia Refugee Absorptive Capacity Act Oppose This bill allows municpalities to refuse to accept refugees. People, regardless of their national origin have the right to relocate live freely.
HB 2679 Relating to state issued identification cards Support This bill provides for non-photographic ID cards for people with religious objections to being photographed.
HB 2683 Establishing a bill of rights of children in foster care Support Although a bill full of aspirational language with little substantive legal changes, the rights in this bill are still important to articulate.
HB 2685 Refugee Information Act Oppose This requires significant reporting on refugees in the state. The bill is unnecessary, and discriminatory. It is based on and perpetuates negative and false stereotypes of refugees.
HB 2689 Relating to replacing the present crime of burglary with the crime of home invasion Oppose This bill imposes much longer mandatory minimum sentences. The ACLU opposes mandatory minimums and any policy that will contribute to mass incarceration.
HB 2712 Relating to death penalty for first degree murder Oppose The ACLU is unequivocally opposed to the death penalty.
HB 2713 Expunging records of unsubstantiated complaints made by the Department of Health and Human Resources against teachers Support This bill provides that if a complaint is made against a teacher and after an investigation, the complaint is found not to be substantiated, that the issue is removed from a teacher's record. The ACLU supports this as a matter of process and privacy.
HB 2732 Defend the Guard Act Support This bill prohibits the deployment of the West Virginia National Guard without a Congressional declaration of war. The Constitution gives Congress the power to declare war.
HB 2733 Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights Act Support The ACLU strongly supports protections for people regardless of sexual orientation or gender identity.
HB 2741 Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act Support This bill adds sexual orientation and gender identity to the Human Rights Act and Fair Housing Act. The ACLU strongly supports these protections.
HB 2742 Making available elective courses on the history of the Old and New Testaments of the Bible Oppose This would require every school to provide an elective on certain religious texts. It is virtually impossible to implement a course like this in a way that complies with the 1st Amendment.
HB 2753 Permitting stand-in candidates for gubernatorial and presidential contests Neutral The ACLU will monitor this voting rights bill for more information.
HB 2763 Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act Support This bill adds sexual orientation and gender identity to the Human Rights Act and Fair Housing Act. The ACLU strongly supports these protections.
HB 2808 Requiring local entities to enforce immigration laws Oppose This deprives local governments of their due role to create laws. It impedes on police and prosecutorial discretion. It makes vulnerable people who are undocumented or may have mixed status families reluctant to ask for help even when the victim of a crime.
HB 2814 Making it a felony to transport certain drugs into the state with intent to deliver Oppose Possession with the intent to deliver is already illegal. Enhancements like this with mandatory minimums will only perpetuate mass incarceration.
HB 2817 Youth Mental Health Protection Act Support Conversion therapy is dangerous and unnecessary. This bill would prohibit conversion therapy for minors.
HB 2820 Relating to criminal penalties for reckless driving Oppose This creates additional penalties for reckless driving that results in death. The criminal code already covers this and mandatory minimums contribute to mass incarceration.
HB 2822 Creating an enhanced penalty for certain aggravated serious traffic offenses Oppose This bill creates a sentence enhancement, which the ACLU opposes.
HB 2847 Relating to exemptions from mandated immunizations Oppose This bill provides for religious waivers from mandatory vaccinations for schools, colleges, and employment including health-care workers. The ACLU supports religous freedom, however also recoggnizes a compelling government intererest in promoting public health. This legislation does not maintain an adequate balance.
HB 2860 Relating to mandatory drug testing of all classes of employees in K through 12 schools Oppose Drug testing is an invasion of privacy and the ACLU opposes suspicion-less drug testing.
HB 2883 Expanding the definitions of locations where enhanced penalties for selling controlled substances to a minor are applicable Oppose This bill provides for enhanced penalties for selling drugs near swimming pools, video arcades, and youth centers. The ACLU opposes sentence enhancements.
HB 2888 Allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program Support This is an imperfect bill. Prison labor is a poor substitute for alternatives to incarceration. Work programs are only eligible to people deemed not to be a public safety risk. This is a subjective and vague term that could be applied discriminatorily. However, the work program does allow for a path for earlier release.
HB 2892 Including digital and virtual information in the definition of property that can be searched and seized by a warrant Neutral The ACLU will monitor this legislation to ensure that 4th amendment protections are upheld.
HB 2902 Relating to wages of persons with disabilities Support This legislation directs several West Virginia agencies to promote employment of differently-abled people. Part of this effort includes fair, living wages- which has been a problem in programs for employment for people with limitations.
HB 2903 Fetal Heartbeat Act Oppose This bill would effectively criminalize abortions at around 6 weeks of gestation - when many people are not even aware they are pregnant. It is completely in violation of Constitutional protections for abortion.
HB 2904 Implementing drug testing for legislators of the State of West Virginia Oppose The ACLU opposes suspicion-less drug testing. It is also likely unconstitutional to withold a legislator's pay.
HB 2915 Restricting the performance of abortions and acquiring, providing, receiving, otherwise transferring, or using fetal body parts Oppose This bill goes far beyond the title - which is based on inflmatory falsehoods. It also prohibits abortion after a 'fetal heartbeat' is detected, around 6 weeks.
HB 2920 Creating state and local law-enforcement review boards Support This bill would create a review board to oversee complaints against the State Police and would require local review boards within 4 years of passage. Civillian oversight of police is not a panacea for abuses, but can provide trasnparency, independent review, and an opportunity for restorative justice.
HB 2922 Relating to requirements to obtain a final order of discharge and dismissal for possession of opiates or opioids Oppose Compulsory medical and rehabilitation treatment is ineffective and highly invasive. While this bill is permissive, it still encourages this type of order.
HB 2959 Relating to unlawful panhandling and solicitation Oppose As the courts have repeatedly affirmed, people have a first amendment right to speak to others, including asking for money or help.
HB 2983 Relating to therapeutic rights of minors Neutral This bill prohibits many abusive practices associated with conversion therapy. However, it could be seen as legitimizing 'talk' converstion therapy, which is still harmful.
HB 2985 West Virginia Faith Freedom Act Oppose This is the Religious Freedom Restoration Act (RFRA) by another name. In practical terms, it would allow people to raise religious objections to override nondiscrimination and civil protections.
HB 2987 Relating to Involuntary treatment for alcohol and other drug abuse Oppose Compulsory medical and rehabilitation treatment is ineffective and highly invasive. Involuntary committment is an extreme measure limiting fundamental freedoms and its use should be rare if it used at all.
HB 2990 Redistricting of the Senate Neutral The ACLU does not take a position on how the legislature is divided. However, we will monitor this legislation to ensure that division is done consistent with principles of proper representation.
HB 2999 Relating to state certification of industrial hemp and medical cannabis seed Support This bill provides some of the recommended fixes to the medical cannabis law. It also prohibits civil asset forfeiture of industrial and medical cannabis.
HB 3004 Amending the industrial hemp development act consistent with federal law Support In addition to reducing barriers to growing industrial hemp, this prohibits civil asset forfeiture of growers.
HB 3006 Providing school day to register and transport students to vote Support The ACLU strongly supports efforts to increase access to the ballots. This proposal would do just that.
HB 3008 Reentry Task Force Support This would create a task force aimed at studying issues of reentry. The ACLU supports efforts to minimize collateral consequences of system involvement that are barriers to reentry and reintegration.
HB 3011 Prohibiting provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil action Neutral Nondisclosure agreements are legally fraught, and, and the 'Me Too' movement demonstrated, serial offenders often use these agreements to continue predatory behavior. However, there are privacy concerns that need to be monitored in legislation like this.
HB 3026 Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative roles Support The ACLU supports proactive steps to undo and reverse systemic racism and sexism that have led to deep and long-lasting disparities in employment.
HB 3038 Increasing access to contraceptive drugs, devices, and procedures Support A critical component of reproductive justice is access to contraception. This bill requires insurers to cover a wide range of contraception options.
HB 3041 Relating to electioneering or distributing literature at early voting locations Support This bill corrects a discrepency in the code about where electioneering can take place during the early voting period. In doing so it protects to speech rights of people electioneering.
HB 3052 Ensuring coverage for residents with preexisting conditions Support The ACLU supports legislation to ensure adequate protections for people with disabilities and preexisting conditions.
HB 3058 Granting full time employees of county boards of education three months of paid leave following the birth of a child Support The ACLU supports paid family leave.
HB 3063 Relating to a home Instruction and private school tax credit Oppose This is an educational tax credit. The ACLU opposes these as removing funding from public education and freeing state money up for things like religious education.
HB 3064 Establishing an intravenous drug user treatment and commitment process Oppose Compulsory medical and rehabilitation treatment is ineffective and highly invasive. Involuntary committment is an extreme measure limiting fundamental freedoms and its use should be rare if it used at all.
HB 3066 Relating to extended supervision for certain drug offenders Oppose This bill would require a period of up to 10 years of supervised release after someone convicted of certain drug offenses has served their sentence. This would be costly to implement and almost certainly lead to re-arrest for minor infractions, making reentry even more difficult for these people.
HB 3077 Permitting election day registration of voters Support This allows voters to register to vote on election day. This would both expand democratic participation and serve as a fail-safe for voter purges.
HB 3078 Relating generally to paid family and medical leave Support The ACLU supports paid family medical leave.
HB 3114 Eliminating the requirement that schools be closed on election days Oppose Closing schools on election days provides a consistent polling place, and enables students and teachers to vote throughout the day. Keeping schools open would have the opposite effect.
HB 3117 Prohibiting the Legislature from negotiating with illegal strikers Oppose This violate the core tenents of the freedom of assembly and the right to petition the government.
HB 3118 Relating to mandatory drug testing for state legislators and teachers Oppose Drug testing is an invasion of privacy and the ACLU opposes suspicion-less drug testing.
HB 3124 Prohibiting civil rights violations based on disability, gender identity or sexual orientation Support This would provide protections against hate crimes for people regardless of sexual orientation and gender identity. It also encourages alternative sentencing and restorative justice for people who violate this code.
HB 3127 Relating to the Secondary School Activities Commission and participation by home schooled students Oppose This bill would require local public schools allow home-school or private-school students participate in public school academics or athletics. This requires schools to make expenditures for a student that they are not otherwise receiving money for.
HB 3129 Be Exceptional Starting Today Act Support This bill provides for the legalization and regulation of recreational cannabis. The criminalization of cannabis has been a major contributer to mass incarceration and to racial disparities in the criminal system.
HB 3133 Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service Oppose This is a bill that requires compulsory rehabilitation services. Involuntary treatment is ineffective and highly invasive. While this is more narrowly tailored in that people would have to be deemed a risk for substance abuse based on a screen, that is not always an accurate predictor. This requirement will likely lead to an increased probability that parloe is revoked on a technical violation.
HB 3134 Establishing criminal penalties for negligent homicide, and increasing criminal penalties for reckless driving Oppose This creates additional penalties for reckless driving that results in death. The criminal code already covers this and mandatory minimums contribute to mass incarceration.
HB 3136 Relating to the Centers for Medicare and Medicaid Services Oppose This bill would create Medicaid work requirements. Medicaid is vital for many people to access necessary health services, work requirements fail to take into account all the reasons people may not be able to hold down a job. One's health should not be dependentant on an arbitrary judgment about whether they can or should be working.
HB 4002 Creating a felony crime relating to drug delivery resulting in death Oppose This creates new enhancements for activites that are already illegal. This will only further perpetuate mass incarceration.
HB 4004 Creating the West Virginia Sentencing Commission Support Generally, the ACLU wants to see reform in our sentencing laws, and the sentencing commission is a way to acheive that goal. However, negative experiences with the federal sentencing commission as well as sentencing commissions in other states means we will be monitoring this closely. An amendment in House Judiciary adding a study of second-look sentencing strengthens the bil.
HB 4006 Civil Liability for Employers Hiring Ex-Offenders Act Neutral This protects employers from lawsuits if they hire an ex-offender. This should reduce tensions about hiring people who have been impacted by the criminal system and ease reentry. However, there are concerns that it could result in more employers requesting criminal history. The ACLU will monitor developments.
HB 4007 Born-Alive Abortion Survivors Protection Act Oppose Despite divisive rhetoric, this bill does not substantively change any laws. However, it does further stigmatize abortion, and add dangerous rhetoric about abortion.
HB 4008 Relating to the authorization to release a defendant or a person arrested upon his or her own recognizance Support This bill provides another version of bail reform. It creates a presumption that a person will be released without having to post bail for certain non-violent classes of crimes. The ACLU believes that this is not best practices for reforming the bail system, but supports the concept of reducing the pretrial population.
HB 4009 Relating to the process for involuntary hospitalization Oppose The purpose of this bill is to provide for involuntary hospitalization without due process if a magistrate or mental hygiene commissioner cannot be reached. Holding someone against their will is an extreme measure, and it is incumbent that the state provide resources to ensure due process is protected rather than worked around.
HB 4011 Reorganizing various boards and authorities for the licensing and oversight of trades, occupations, and professions Oppose This bill changes how licensing boards work. The language allows licensing boards to deny an occupational license for a felony conviction and does not require any rational basis between the conviction and the job. The bill also has a non-discrimination provision, but does not include sexual orientation or gender identity, leading to the possibility that a person could be denied an occupation based on who they love or how they identify.
HB 4013 Establishing an intravenous drug user treatment and commitment process Oppose Compulsory medical and rehabilitation treatment is ineffective and highly invasive. Involuntary committment is an extreme measure limiting fundamental freedoms and its use should be rare if it used at all.
HB 4017 Establishing country roads accountability and transparency Support The ACLU supports efforts to make government more transparent and accountable.
HB 4018 Requiring able-bodied adults receiving Medicaid benefits to be participating with the requirements of a work, education, or volunteer program Oppose This bill would create Medicaid work requirements. Medicaid is vital for many people to access necessary health services, work requirements fail to take into account all the reasons people may not be able to hold down a job. One's health should not be dependentant on an arbitrary judgment about whether they can or should be working.
HB 4025 Creating a State Central Legal Advertising Website Support This would create a state-run website where legal notices could be posted. Notice is a critical element of due process, and with the decline of print media, an alternative is necessary.
HB 4029 Creating a Class VI hunting permit to safely accommodate visually impaired hunters Support This bill creates a liscence and safe procedures for someone with a visual impairment to be able to hunt. The ACLU supports expansion of rights for people with different abilities.
HB 4034 Prohibiting outdoor concerts later than 11:00 p.m. if the amphitheater is located within 500 feet of a residential dwelling Oppose This constitutes a prior restraint on speech. The legislation is vague and over broad. For example even if the only residence near the ampitheater was owned by the people putting on the concert, they would still be barred, and potentially subject to prosecution.
HB 4037 Fetal Heartbeat Act Oppose This bill would effectively criminalize abortions at around 6 weeks of gestation - when many people are not even aware they are pregnant. It is completely in violation of Constitutional protections for abortion.
HB 4044 Prohibiting payroll deductions to electioneering organizations Oppose People have freedom to contract and to associate. By prohibitting payroll deductions, both rights are infringed upon.
HB 4045 Relating to provisions of the 'Habitual Offender' statute Oppose This bill clarifies the process for repeat criminal offenders. While the legislation does exclude some very specific minor offenses from consideration, it ultimately encourages the use of sentence enhancements, which the ACLU opposes.
HB 4053 Granting tax credits for parents and legal guardians whose children are in a home schooling program or private school Oppose This is an 'educational tax credit' by another name. These schemes lead to public funds being used for religious education.
HB 4056 Requiring all local and state special elections to be held on the days and hours of general or primary or state elections Support By requiring all elections to take place on similar dates, it makes it easier for people to keep track of upcoming elections and participate.
HB 4059 Increasing access to long acting reversible contraception Support Access to contraception is a critical element in reproductive rights.
HB 4061 Health Benefit Plan Network Access and Adequacy Act Neutral The ACLU will monitor legislation affecting health insurance to ensure that it provides adequate protections for people with disabilities and preexisting conditions.
HB 4069 West Virginia Student Religious Liberties Act Oppose This bill purports to extend a number of religious freedoms to students. However, students already enjoy significant freedom to practice and express their religion in a school setting. Instead, this bill interferes with appropriate academic instruction by raising the specter that students could raise a religious freedom claim if they submitted incorrect coursework that they claimed reflected a religious belief. Furthermore, the language allows for student-led prayer at regular occurrences like daily announcements, rallies and sporting events. In these platforms the school has effectively sanctioned prayer during an official event.
HB 4073 Relating to disclosure of fundraising contributions during a legislative session Support This bill does not change what must be disclosed, only the time frame in which it must be disclosed. This will help keep voters educated.
HB 4092 Relating to foster care Support This bill would help match youth with foster families, and provides certain rights for foster youth. The ACLU supports these efforts to minimize the trauma of the foster system.
HB 4093 Eliminating the prohibition against carrying firearms on the grounds of the State Capitol Complex Oppose While the West Virginia Constitution does provide an individual right to carry a firearm, the presence of firearms can stifle necessary debate on controversial topics.
HB 4094 Continuing the Foster Care Ombudsman Support This bill expands the Foster Care Ombudsman. This position provides oversight and accountability to government agencies.
HB 4096 Requiring candidates to live in the state or local election district for the office for which they are seeking Support This bill ensures appropriate representation.
HB 4102 Relating to opioid antagonists Support This bill permits a number of people and agencies to be eligible to recieve medication that can reverse an overdose.
HB 4106 Biometric Information Privacy Act Support This bill expands privacy protections to catch up with current technologies.
HB 4109 Relating to the choice of law used for contractual interpretations when deciding the comity of a legal decision in a foreign country Oppose This bill hides under complex language and appeals to constitutional values. However, the bill would interfere with a number of religious practices, and other contractually relationships.
HB 4112 Requiring county school boards to provide adequate mental health evaluations, and counseling services Support The ACLU supports the expansion of mental services for youth with health needs and as a way to reach at-risk youth without the juvenile justice system.
HB 4118 Creating a state-wide email address directory Oppose This bill aims to let the government gather and collect e-mail addresses to contact citizens. It creats a tax incentiv for people to give up some privacy. Maintenance of the list also rises privacy concerns.
HB 4119 Establishing the crime of torture Oppose The current criminal code already has provisions that address the acts described in thisbill. It is far more likely this language would be used to impose disporportionate sentences on someone.
HB 4125 Creating a felony penalty of life without mercy for the first degree murder of a law-enforcement officer Oppose The ACLU opposes sentence enhancements.
HB 4140 Granting tax credits for parents and legal guardians whose children are in a home schooling program or private school Oppose Education tax credits can use public funds for religious education. The ACLU opposes these schemes.
HB 4148 Authorizing the suspension or dismissal of school personnel who retaliate against a student or parent who has made a complaint Support This bill effectively creates whistleblower protections for students and parents who make complaints against school officials. The ACLU supports whistleblower protections.
HB 4150 Preventing taxpayer subsidization of health insurance covering elective abortions Oppose This bill would create major financial disincentives for private insurance companies that offer abortion care coverage. This creates financial barriers to accessing abortion.
HB 4151 Relating to standard of review in First Amendment violations Oppose This is an iteration of bills like the Religious Freedom Restoration Act (RFRA), which is often used to circumvent equal protection requirements.
HB 4153 Forbidding displays relating to sexuality in public school facilities and forbidding the teaching of sexuality in public schools Oppose This bill is a prior restraint on speech. It also is discriminatory against LGBTQ students.
HB 4155 Relating generally to the regulation of plumbers Oppose This bill started modifying licensure requirements for plumbers. It was amended to include suspicion-less drug testing and the use of e-verify, both of which, the ACLU opposes.
HB 4160 Youth Mental Health Protection Act Support This bill bans the practice of conversion therapy, which has been shown to be ineffective and harmful.
HB 4166 Prohibiting certain sex offenders from being in a supervisory position over children Oppose Sex offender registries are invasive and do not work. Individual assessments of people should be used to determine what, if any, risk they pose.
HB 4167 Allowing victims of certain crimes to get a restraining order prohibiting convicted persons from contacting or living in proximity to the victim Oppose Restricting where a person is allowed to live, and with whom they can associate is an extreme limitation. This should be used in limited circumstances and on a case-by-case basis.
HB 4173 Directing the Supreme Court of Appeals to create a pilot domestic violence court in Kanawha County Support This bill modifies an existing law on a domestic violence pilot program to limit that program to Kanawha County and compell reporting. The ACLU supports for transparency and the potential for alternative sentencing.
HB 4175 Born-Alive Abortion Survivors Protection Act Oppose Despite divisive rhetoric, this bill does not substantively change any laws. However, it does further stigmatize abortion, and add dangerous rhetoric about abortion.
HB 4176 West Virginia Intelligence/Fusion Center Act Oppose This would create a West Virginia fusion center expanding police and surveilence powers.
HB 4183 Relating to mandatory drug testing of all classes of employees in K through 12 schools Oppose The ACLU opposes suspicion-less drug testing.
HB 4184 Relating to criminal trespass Support This bill would exempt First Amendment protected activity from charges under the crime of tresspass.
HB 4186 Removing marijuana as a tested substance from the screening requirements Support This bill would remove cannabis from the WV Alcohol and Drug Free Workplace Act. This would prevent the state from forcing employers to fire people for cannabis use.
HB 4187 Relating to licensure qualifications Support This bill eases reentry by clarifying that an electrician occupational license cannot by denied on the basis of a felony conviction unless there is a rational nexus between the conviction.
HB 4189 Relating generally to the payment of salary or wages under the Parental Leave Act Support Ensuring support for families is important both for addressing sex-based disparities, but also for disability rights.
HB 4195 Normalization of Cannabis Act Support This bill would legalize cannabis growing, processing, and distribution for personal use. The ACLU supports ending cannabis criminalization.
HB 4197 Model Veterans Treatment Court Act Support Specialty courts have a mixed record of providing alternatives to incarceration. However, they can be overused and can still impose burdensome conditions. The ACLU supports this legislation, but will work to provide safeguuards.
HB 4198 Permitting a person to obtain a 12-month supply of contraceptive drugs Support The ACLU supports expanding ease of access to contraception.
HB 4200 Prohibiting discrimination based on age or sexual orientation Support The ACLU supports equal protections for LGBTQ people.
HB 4201 Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act Support This bill adds sexual orientation and gender identity to the Human Rights Act and Fair Housing Act. The ACLU strongly supports these protections.
HB 4227 Department of Health and Human Resources, pilot program for drug screening of applicants for cash assistance Neutral The legislature previously passed a law implementing a 3 year pilot program to drug test recipients of TANF. The ACLU opposed, and continues to oppose this. This rule changes the sunset date by 1 year to reflect a delay in implemenation of the pilot.
HB 4245 Board of Occupational Therapy, consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4256 Board of Acupuncture, consideration of prior criminal convictions in initial licensure determinationa Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4266 Board of Chiropractic Examiners, consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4284 Department of Health and Human Resources, medical cannabis program--general provisions Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
HB 4285 Department of Health and Human Resources, medical cannabis program--growers/processors Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
HB 4286 Department of Health and Human Resources, medical cannabis program-laboratories Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
HB 4287 Department of Health and Human Resources, medical cannabis program-dispensaries Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
HB 4288 Department of Health and Human Resources, medical cannabis program-safe harbor letter Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
HB 4294 Board of Hearing Aid Dealers, consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4298 Board of Landscape Architects, consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4300 Massage Therapy Licensure Board, consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4329 Board of Psychologists, consideration of prior criminal convictions in initial licensure determinations and application for fee waiver Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4334 Real Estate Commission, consideration of prior criminal convictions in initial license eligibility determination Supoort This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
HB 4351 Requiring the random drug testing of legislators Oppose Thel ACLU opposes suspicion-less drug testing.
HB 4352 Removing the use of post-criminal conduct in professional and occupational initial licensure or certification in decision making Support This bill would prohibit using a prior criminal conviction to deny certain occupational licenses unless there was a rational nexus to the criminal activity and the occupation. The ACLU supports this as making reentry easier.
HB 4353 Creating a rational nexus requirement between prior criminal conduct and initial licensure decision making Support This bill would prohibit using a prior criminal conviction to deny certain occupational licenses unless there was a rational nexus to the criminal activity and the occupation. The ACLU supports this as making reentry easier.
HB 4357 Relating to governmental websites Support This bill would require administrative agencies and county and municipal governments to have websites with contact information and information about operations. This allows for more government transparency, makes it easier for people to contact the government, and will ease information about goverment operations.
HB 4364 Creating a tax credit for hiring an ex-felon Support This bill incentives employment for reentry. The ACLU supports these efforts.
HB 4365 Granting of college credit hours for learning English as a second language Support This bill would allow ESL courses to count for college credit. This would allow immigrants to work towards acheiving a degree while learning a new language.
HB 4368 Relating to the Medical Cannabis Act Support This bill would expand the conditions for which medical cannabis can be persrcibed and would allow for cannabis edibles.
HB 4384 West Virginia Monument and Memorial Protection Act of 2020 Oppose This bill would prohibit the removal, destruction, renaming, or relocation of memorials or monuments. While the law is written broadly, it is done in the context of a wave of removing memorials to the Confederacy. The understood intent is to protect those monuments.
HB 4385 Family and Medical Leave Insurance Benefits Act Support This would help support families, expand help for people with additional needs, and help reduce gender disparities in employment and pay.
HB 4392 Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug Oppose This bill would make a person criminally liable if a government agent is exposed to a drug. This is effectively a sentence enhancement, which the ACLU opposes.
HB 4398 Relating to required courses of instruction Support This bill would require teaching about the Constitution, Declaration of Independence, the Articles of Confederation and other foundational documents. The ACLU supports education people on basic rights and where they came from.
HB 4399 Prohibiting civil rights violations based on gender identity or sexual orientation Support The ACLU strongly supports protections for people regardless of sexual orientation or gender identity.
HB 4402 Relating to designation of early voting locations Oppose This bill would remove some of the notice requirements for an early voting location on subsequent elections. To best ensure full participation, every effort should be made to notify voters about when and where they can vote.
HB 4416 Relating to expanding certain insurance coverages for pregnant women Support This bill would expand Medicaid coverage for pregnant people to one year post partum.
HB 4428 Katherine Johnson and Dorothy Vaughan Fair Pay Act of 2020 Support This bill ensures that employers cannot prohibit empolyees from discussing salaries and benefits, and prevents employers from inquiring about salary history. This is a good way to rectify gender and racial pay disparities.
HB 4430 Creating the misdemeanor offense of falsely filing a complaint against a law-enforcement office Oppose This bill would create a misdemeanor offence if someone lies in a complaint about police conduct. Reviews of police behavior are often done within the agency or by other law enforcement agencies. This is already a conflict of interest, and the risk of criminal penalties would have a large chilling effect on making valid complaints against police.
HB 4432 Removing the one-time limit on the expungement of certain criminal convictions Support This bill would remove some limits on the number of times a record can be expunged. This would help with reentry.
HB 4440 Prohibiting the home schooling of children in certain circumstances Oppose This bill would prohibit someone for being approved for homeschooling if they have an open case of child abuse or neglect, or if there are certain prior convictions. This means people would be denied the ability to homsschool even when they have not been found guilty of a crime. The ACLU supports individualized assessments.
HB 4441 Providing that political party caucus meetings are not exempt from open proceedings requirements Neutral This bill would require that party caucus meetings are required to be open to the public. Political parties are not public entities, and there are concerns about treating political parties as governmental bodies. However, political parties also serve an important role.
HB 4442 Requiring certain municipalities to pay for the incarceration of inmates Neutral This bill may disincentize frivolous arrests by municipal police. However, it may result in cost-sharing mass incarceration and ultimately reducing the will to address the underlying problem.
HB 4469 Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor Oppose The ACLU opposes sentence enhancements.
HB 4470 Relating to persons 18 years of age or older in the custody of the Bureau of Juvenile Services Support The ACLU opposed a prior change that required people in juvenile custody to be transferred to adult facilities. This bill clarifies that those young adults have to be kept out of sight and sound of adult inmates.
HB 4471 West Virginia Native American Tribes Unique Recognition, Authentication and Listing Act Neutral The ACLU strongy supports the recognition, rights, and reparations to the First Nations. However, this particular bill has raised concerns. The ACLU will monitor and develop a more informed position.
HB 4475 Requiring the State Board of Education to provide for the routine education of all professional educators Support This bill would required training on suicide awareness and prevention for teachers. This is more mental health in the schools, which the ACLU supports.
HB 4476 Providing for the timely and efficient collection, submission, testing, retention, and disposition of forensic evidence in sexual assault cases Support This legislation benefits victims and survivors of sexual assaults by ensuring that there are proper procedures to collect and maintain evidence against their assailants. It also helps criminal defendants by ensuring proper maintenance of evidence that may be exculpatory or that they may want to review.
HB 4482 Repealing the section of code relating to unlawful military organizations Support The ACLU supports the right to associate.
HB 4485 Reorganizing and redesignating the Department of Military Affairs and Public Safety as the Department of Homeland Security Neutral This is one of several proposals to reorganize DMAPS. This proposal specifically discusses a fusion center, which, while not defined in this bill, the ACLU opposes. We will monitor to see if this bill results in the creation of a fusion center.
HB 4481 Requiring the State Board of Education to provide for the routine education of all professional educators Support This bill provides suicide prevention awareness education for WV teachers. This is one part of a necessary broader push to getting mental health in the schools.
HB 4498 Relating to a Woman's Right to Know Oppose This bill would require an utlrasound be performed and shown to a woman prior to an abortion. This is a unnecessary barrier to abortion care.
HB 4501 Relating to the ability to refuse offenders for commitment to a jail Oppose This bill creates indemnity for correctional staff when an inmate refuses medical treatment. If the state is going to take custody of people, they bear the burden of keeping them safe and healthy without compelling medical care.
HB 4508 Making it illegal to discriminate based on hair texture or hair style Support This bill would make it illegal to discriminate based on hair style.
HB 4509 Transferring the Parole Board to the Division of Corrections and Rehabilitation for purposes of administrative and other support Neutral This bill would put the Parole Board under the supervision and control of the Division of Corrections and Rehabilitation. Parole reforms are desperately needed in WV. However, it is unclear that this legislation will provide the necessary changes.
HB 4512 Creating a work permit driver's license program Support This bill provides a program to ensure that people who are subject to license suspensions or revocations for non-driving related offenses are still able to get to work. This is an imperfect remedy to one of the many ways poverty is criminalized.
HB 4532 Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientation Neutral This bill expands the definition of hate crimes to include sexual orientation or perceived sexual orientation. The ACLU supports protections for LGBTQ people, however opposes enhancement. Other iterations of this legislation balance this by encouraging restorative justice practices. The ACLU will monitor this legislation without taking a position.
HB 4533 Strengthening the criminal penalty for assault on governmental representatives Oppose The ACLU opposes sentence enhancements.
HB 4534 Relating to rulemaking for healthcare plans Support This bill allows the dependents of graduate students and graduate students with preexisting conditions to be covered by univesity healthcare plans. This is good for supporting parents and people with different abilities.
HB 4536 Prohibiting certain sex offenders from being in a supervisory position over children Oppose Sex offender registries are invasive and do not work. Individual assessments of people should be used to determine what, if any, risk they pose.
HB 4539 Relating to the cultivation of medical cannabis Support This bill would allow medical cannabis patients to grow up to 10 of their own plants for personal use and to consume cannabis by smoking it.
HB 4540 Authorizing the appointment, qualifications, certification, authority, compensation, and training of hospital police officers Oppose To a hammer, everything looks like a nail. People come to hospitals in various forms of physical, emotional and mental distress. Law enforcement are signigicantly more likely to use force, and to file criminal charges for people who need help. Law enforement at hosptials may also discouage people who genuinely need medical care from seeking it, if they have legal issues.
HB 4541 Relating to an occupational limited license Support This bill would create a special class of drivers license. People would be able to get to and from work, places of study, and medical appointments. This would be a way to allow people whose license is suspended as a result of unpaid fines or fees to maintain a livelihood. This is a more restrictive and problematic approach to solving the very real issue of license suspension. The ACLU supports this effort but believes there are better approaches.
HB 4544 Relating to possession of any controlled substance on the premises of or within 200 feet of a public library Oppose This bill would add additional pentalities for possession of a controlled substance near a library. The ACLU opposes sentence enhancements.
HB 4548 Eliminating the ability of a person's driver's license to be suspended for the failure to pay court fines and costs Support This bill would end the practice of suspending a driver's license for failure to pay fines and fees. This is a practice that punishes the poor and leaves people less able to pay.
HB 4553 Requiring certain health insurance providers to provide fertility services coverage Support Fertility care is medical care and part of reproductive rights. The ACLU supports steps to ensure full medical coverage.
HB 4556 Authorizing the Commissioner of the Division of Corrections and Rehabilitation to approve home plans for inmates Support This bill would require the Commissioner of the Division of Corrections and Rehabilitation to develop home plans for certain inmates,and to develop a parole plan for nonviolent inmates.
HB 4563 Creating a law-enforcement transparency board Support This bill would create a board to review and report on incidents of police misconduct. The ACLU supports this trransparency and acoountability.
HB 4564 Relating to participation in school sports Oppose This bill would force student athletes to particpate in sports based on their birth sex. Trans and intersex athletes neither enjoy any competetive advantage, nor should they be stigmitized.
HB 4567 Relating to the use of medical cannabis Support This bill would ammend the medical cannabis law. It would allow dry leaf, flower, and cannabis to be consumed by smoking.
HB 4568 Requiring the State Board of Education to provide for the routine education of all professional educators Support This bill would required training on suicide awareness and prevention for teachers. This is more mental health in the schools, which the ACLU supports.
HB 4570 The Motion Picture Open Captioning Act Support This bill would require larger cinemas to make occassional showings of movies with captions. This is a good way to encourage accomodation of people with certain limitations.
HB 4571 Establishing a special plate with a medical condition diagnosis Oppose This bill is aimed at protecting drivers and passengers with special needs from police. Forcing people to broadcast their medical condions is a poor replacement for appropiate law encorcement training.
HB 4578 Construction Industry Employee Verification Act Oppose This bill would require particpation in the E-Verify program for construction workers. E-Verify is highly problematic. Errors in the system can hurt regular workers. There are significant due process concerns. The system creates to privacy and security liabilities.
HB 4588 Requiring access to coverage of individuals with preexisting conditions Support This bill would require insurance plans to cover pre-existing conditions. This is important for ensuring people with long-term medical needs maintain coverage.
HB 4597 Creating a Campus Mentors pilot program Support This bill would create a mentor program for at-risk high school students to connect them with college students. This is another way to address struggling students without relying on the disciplinary or legal systems.
HB 4602 Increasing the penalty for DUI causing death when a child is present Oppose This is a sentence enhancement bill that doubles the sentence for negligent homicide as a result of DUI if a child is present. The ACLU opposes mandatory sentence enhancements.
HB 4605 Transferring state facilities to comprehensive regional mental health centers Neutral This bill would allow state run hospitals for people with mental and intellectual disabilities to be transferred to non-profit organizations. The ACLU will monitor this legislation to ensure there is appropriate care and protection for these individuals.
HB 4608 Relating to the duties of the law-enforcement training and certification subcommittee Support This bill changes some of the training requirements for law enforcement officers. Notably, it doubles the amount of classroom hours and removes a provision that allowed hours to be met at outside of authroized training academies. Proper police training is one way to limit police misconduct.
HB 4609 Limiting minors' access to gender reassignment surgery or hormone replacement therapy Oppose This bill would prohibit gender affirming therapies for minors. This is not only discriminatory, as minors can access other medical therapies, but research has made it clear that minors who have access to gender affirming therapies have better mental health outcomes.
HB 4615 West Virginia Critical Infrastructure Protection Act Oppose This bill would deem many areas to be "critical infastructure" and would impose criminal penalties for tresspassing. Notably, this could be used to limit protest activities.
HB 4622 Prohibiting the establishment of a constitution or legal system superior or parallel to the West Virginia Constitution and the West Virginia Code Neutral The rules of Constitutional and legal supremecy are well established. It is unclear what this legislation is attempting to addess, but the ACLU will monitor this.
HB 4623 Requiring all schools to instruct students on the Holocaust and other genocides Support This bill would require students in middle school or highschool to be provided with a curriculum about the Holocaust and other genocides. The ACLU supports ensuring education covers these important topics.
HB 4624 Permitting public employees the right to collectively bargain Supoort This bill would allow public employees to engage in collective bargaining. The ACLU has long championed the rights of workers to organize unions and bargain collectively.
HB 4625 Relating to the normalization of cannabis laws Support This bill would legalize and regulate cannabis for personal adult use. The ACLU supports the legalization of cannabis.
HB 4629 Exempting certain hygiene products from sales tax Support This bill would end the tax of menstrual products. The ACLU supports ending this tax.
HB 4635 Vulnerable Child Protection Act Oppose This bill would make it a crime to perform certain gender-affirming therapies on minors.
HB 4649 Relating to implementation of trauma-informed practices in schools Support This bill would require schools adopt trauma informed policies. These types of policies can reduce reliance on discipline and the legal system. This bill also includes incorporation of non-discrimination practices that include sexual orientation and gender identitity.
HB 4658 Relating to complaints against public agencies to obtain records through the Freedom of Information Act Support This bill would allow the Ethics Commission to investigate willful violations of the Freedom of Information Act. It would allow the Ethics Commission to investigate these violations and administer sanctions.
HB 4660 Requiring state agencies to maintain updated records of all financial transactions in a searchable website Support This is a one-sentence bill that does exactly what it claims to do. The ACLU supports this as a matter of government transparency.
HB 4662 Providing a process by which a city may hold an election to recall an ordinance Neutral This bill would require municipalities to hold special elections to consider ordinances if 15% of the population signed a petition. Generally, the ACLU supports more direct democracy. However, in practice, since elections are expensive, this could prevent city councils from passing ordinances.
HB 4668 Creating the misdemeanor crime of trespass for entering a structure that has been condemned Oppose This bill would allow a person who refuses to leave a condemned structure to be penalized with a fine of up to $1,000 or jailed as up to a year. This is another bill creating new penalties and likely applies mostly to indigent people.
HB 4670 Relating to the juvenile restorative justice programs Support This bill would allow juveniles charged with status offenses and certain non-violent misdemeanors to get deferred to a voluntary restorative justice program.
HB 4674 Act to Counter Boycotts, Divestments and Sanctions of Israel Oppose Anti-BDS bills use the power of the government to punish organizations that engage in lawful protest activity.
HB 4683 Better Safe than Sorry Act of 2020 Oppose This is a "red flag" law, which forces someone to relinquish rights to bear arms without due process.
HB 4684 Providing changing stations for persons with disabilities in all rest areas Support The ACLU supports increasing accessability.
HB 4704 Repealing statutory provisions that provide immunity from criminal prosecution or liability Neutral This bill would eliminate all civil and criminal immunity for government agents. Immunity is sometimes a bar to justice, but the ACLU will monitor this legislation to better understand the practical impacts.
HB 4708 Expanding the definition of political party for the purposes of election law Support This bill allows certification of a politial party if they have a membership equal to 1% of the total vote for governor. This expands groups wo may be given the rights and priveleges of a political party.
HB 4710 Authorizing law-enforcement agencies to create a referral program for voluntary treatment of addiction Support This bill presents a very good way to address addiction. It provides criminal immunity for people. It allows for voluntary treatment, as opposed to coercing treatment.
HB 4711 Developing a program for individuals suffering from a substance abuse disorder who voluntarily seek treatment for that abuse Support This bill authorizes the state police to develop a voluntary program for substance abuse treatment. The program would provide qualified immunity for some people who ark for treatment.
HB 4715 Authorizing municipalities to take action to grant certain fire department employees limited power of arrest Oppose This bill allows fire marshalls and other fire department employees to make arrests related to arson. Although this is limited, and related to their scope of work, arrest powers greatly implicate civil liberties, and should only be given to people who have specific training.
HB 4716 Ban-the-Box Act Support This bill applies to applicants for public employee positions. It prohibits inquiring about criminal history until after an interview has been conducted. This is a limited application, but a positive step in easing reentry.
HB 4717 Seizure and Forfeiture Reporting Act Support This bill would requite law enforcement agencies to report to the state auditor a variety of significant information relating to seizures and forfeitures, and to have the state auditor report to the legislature. This will allow people to have a much greater understanding how seizure and forfeiture is being applied. The amended version is a compromise, which provides some transparency, but not the full amount in the introduced version.
HB 4721 Relating generally to forfeiture of contraband Support This bill would prohibit asset forfeiture without a criminal conviction, would tie the forfeiture proceedings to a criminal proceeding, and prohibit forfeiture of property belonging to innocent parties. This would end the practice of civil asset forfeiture which the ACLU opposes
HB 4726 West Virginia Public Participation Protection Act Support This legislation is aimed at providing an expedited way to dismiss abusive lawsuits known as "strategic lawsuit against public participation". These are often used to silence protestors and media.
HB 4731 Establishing the Minority Health Advisory Team Support This legislation focuses on studying social and economic factors affecting minority comunities and developing projects to assist those communities based on findings.
HB 4740 Designating social workers in the DHHR to help improve or maintain school attendance and performance, health and well-being Support This bill would place social workers in schools to help with attendance issues. This is preferable to reliance on the legal system, and will likely yield better outcomes as well.
HB 4742 Establishing a vote by mail program Support This bill would allow counties to opt into a vote-by-mail program, which would replace voting at polling locations. Vote-by-mail systems have worked in other states and can increase voter participation and eliminate some barriers to voting.
HB 4743 Creating a Small Business and Minority Populations Economic and Workforce Development Taskforce Support This bill would create a task force to study minority work participation and small business ownership. The ACLU supports taking proactive measures to undo the legacy of systemic racism.
HB 4752 Initiating a State Employment First Policy to facilitate integrated employment of disabled persons Support This bill would create a policy to encourage hiring and accomodations for differently-abled people. It's important that the task force would focus on paying a living wage.
HB 4762 Requiring publication of continually updated records of state financial transactions in a publicly accessible, searchable website Support This bill would require all financial transactions of the state to be published on a searchable database. This would increase government trasnparency.
HB 4763 Establishing special memorial day to be known as Juneteenth honoring human rights and the end of slavery in the United States Support The ACLU supports recognizing Juneteenth.
HB 4765 Reducing the criminal penalty for possession of small amounts of marijuana or paraphernalia Support This bill reduces penalties for misdemeanor cannabis possession. This is a modest proposal towards decriminalization and legalization.
HB 4770 Changing the beginning time for beer and wine sales on Sunday from one p.m. to 10 a.m. Support The prohibition of alcohol sales on Sundays is a "blue law". The ACLU supports the repeal of blue laws.
HB 4773 Creating a workgroup to investigate and recommend screening protocols for adverse childhood trauma in this state Support Research has linked ACE's to the liklihood of involvement in the juvenile and criminal legal system. Studies to help at-risk people will hopefully provide people with tools to avoid these effects.
HB 4774 Providing that the Division of Motor Vehicles identification cards be issued at no cost Support ID's a required to access a lot of services. Free ID's ensure that people are not denied vital services for lack of money.
HB 4780 Permitting a school-based decision-making council to offer elective courses of instruction on the Bible Oppose Schools cannot promote or endorse any religious view, belief, or text over any other. Merely offering the course as described in this bill barely passes Constitutional muster, in practice it is virtually impossible to avoid improper entanglement of state and religion.
HB 4782 Public Participation Protection Act Support This legislation is aimed at providing an expedited way to dismiss abusive lawsuits known as "strategic lawsuit against public participation". These are often used to silence protestors and media.
HB 4785 Providing school days to register and transport students to vote Support This bill would assist students with registring to vote, and provide a day during the early voting period to allow students to vote. The ACLU supports efforts to enable and accomodate voting.
HB 4796 Requiring the Public Employees Agency and other health insurance providers to provide mental health parity Support West Virginia has a serious need in proving greater access to mental health services. These services are both a preventive and alternative to the juvenile justice and criminal justice systems. We support measures to increase access to these services.
HB 4802 Eliminating the ability of a person's driver's license to be suspended for the failure to pay court fines Support This bill repeals the code that allows licenses to be suspended for unpaid fines. Suspending licenses for unpaid fines and fees limits a person's ability to work and actually makes it less likely that they will pay these fees.
HB 4807 Relating to arrests of addicted or mentally ill persons that are a danger to themselves or others Oppose Allowing the arrest of people who appear to be under the influcence of a substance, will worsen mass incarceration and resullt in unnecessary arrest and harassment of people with disabilities.
HB 4817 West Virginia Monument and Memorial Protection Act of 2020 Oppose This bill would prohibit the removal, destruction, renaming, or relocation of memorials or monuments. While the law is written broadly, it is done in the context of a wave of removing memorials to the Confederacy. The understood intent is to protect those monuments.
HB 4818 Making it a criminal offense to escape or attempt to escape from the custody of a Community Corrections program Oppose This bill would incarcerate people who tried to escape from a Community Corrections program. Scaled sanctions are a more appropriate response.
HB 4825 Requiring students to compete only against students of the same biological gender Oppose This is a bill that discriminates and punishes transgender student athletes.
HB 4831 Establishing a comprehensive addiction recovery center certification and grant program in this state Neutral Currently addiction recovery centers operate with little oversight. Most provide valuable services. Some do take advantage of the system and the clients. The ACLU will monitor this legislation to see that it ensures quality care for people with addiction while not limiting services.
HB 4837 Eliminating the ability of a person's driver's license to be suspended for the failure to pay court fines and costs Support This bill would remove the ability to suspend a person's license for failure to pay fines or fees, and would instead allow a judgement lien.
HB 4839 Requiring the Board of Canvassers to reasonably ascertain whether a provisional or challenged ballot must be counted Support This bill would require reasonable efforts be made to identify errors that cause a person to vote provisionally, and would increase the liklihood that provisional ballots will be counted. This ensures people basic voting rights.
HB 4840 Dividing pretrial detention jail costs between arresting authorities Neutral This bill would reduce the cost burden of pretrial detention from the counties to arresting agencies. This may disincentive unnecessary arrest, or law enforcement influencing a decision to detain someone pretrial, but it does not contain other necessary pretrial reforms.
HB 4850 Creating a process by which voters may recall a county ordinance in a special election Neutral This bill would require counties to hold special elections to consider ordinances if 15% of the population signed a petition. Generally, the ACLU supports more direct democracy. However, in practice, since elections are expensive, this could prevent county governments from passing laws that have majority support.
HB 4851 Screening for adverse childhood experiences Support This bill would mandate that insurance covers screening for adverse childhoold experiences. These truamas can impact a person's liklihood of invovlement with the criminal legal system, and early identification and intervetion can help prevent the worst outcomes.
HB 4852 Relating to the penalties for the manufacture, delivery, possession, or possession with intent to manufacture or deliver methamphetamine Oppose This bill would double the minimum and maximum sentences for methamphetamine crimes. The ACLU opposes harsher penalties. Singling out specific drugs has a troubling history of creating racial and social disparities in the criminal system too.
HB 4858 Classifying "marihuana" and tetrahydrocannabinols as a Schedule IV controlled substance Support This bill would reclassify cannabis to a schedule IV drug, carrying less severe penalties. It serves as a partial decriminalization.
HB 4866 Relating to conspiracy to commit violations of the Uniform Controlled Substances Act Oppose This bill would dramatically increase drug penalties for certain drugs. This is an escalation of the war on drugs, which has already been proven to have failed to prevent addiction while dramatically increasing police powers and incarceration.
HB 4872 Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse Oppose This bill would significantly increase penalties for child abuse. While it is important that the state take proactive steps to protect children from abuse, increased penalties will not acheive that goal and will only further issues with mass incarceration.
HB 4883 Relating to criminal procedure Oppose This bill would create a felony if a person subject to a search fails to notify a responder that they have a needle and that person is stuck.
HB 4885 Katherine Johnson and Dorothy Vaughan Fair Pay Act Support This bill ensures that employers cannot prohibit empolyees from discussing salaries and benefits, and prevents employers from inquiring about salary history. This is a good way to rectify gender and racial pay disparities.
HB 4894 Pay Transparency Act of 2020 Support This bill prohibits employers from keeping employees from sharing salary information, which helps erase pay disparities.
HB 4896 Relating to oversight of syringe exchange programs by the Department of Health and Human Resources Oppose This bill would restrict how syringe programs can operate, include parameters that are contradictory to evidence-based best-practices.
HB 4903 Requiring that free feminine hygiene products be provided to female prisoners in jails Support This bill would require that inmates have access to menstrual products.
HB 4905 Ban-the-Box Act Support This bill woud prohibit asking about a person's criminal history until they have been had an interview. This would help with reentry efforts.
HB 4913 Providing a procedure for modification of a prison sentence when a person has served at least 10 years Support This bill would allow judges to modify a sentence for people who have served at least 10 years. A presumption of release would be created for people over the age of 50. This is a way to correct egregious sentences, and to reduce the burden on the prison system.
HB 4916 Relating to charges assessed against inmates for services Support This bill would prohibit charging inmates above-market fees for goods and services.
HB 4923 Establishing a ratio of one counselor for every 250 students Support Adaquate services will help reduce the reliance on the disciplinary and legal system.
HB 4924 Women's Health Protection Act Oppose This bill creates additional restrictions and oversight on abortion providers. This is an example of legislation that targets abortion providers with regulation that are intended to prohibit abortion providers.
HB 4928 Requiring medical insurance providers to include infertility services in their policies Support Fetility care is part of reproductive care, and ensuring coverage is part of ensuring access to the full range of reproductive rights.
HB 4932 Requiring the random drug testing of legislators and members of the Board of Public Works Oppose The ACLU opposes suspicion-less drug testing.
HB 4945 Creating a criminal penalty for an agent or sworn officer who refuses or fails to enforce the Compact Agreement on Detainers in immigration cases Oppose This bill is aimed at locations that have a policy of not enforcng immigration law. However, the bill goes beyond that - it removes discretion and creates new criminal penalties for exercising discretion.
HB 4948 Prohibiting discrimination based upon age and sexual orientation, or gender identity Support This bill provides protections in housing employment, and pubic accomodations. The ACLU supports these protections.
SB 2 Providing for automated license plate reader systems Oppose Automoatic liscence plate readers track and spy on all citizens, storing data about where we go. As this technology expands, the ACLU insists that licence plate readers may only be used by law enforcement agencies only, that the government not store data about innocent people, that people have the ability to find out if their vehicles are in a tracking system, that the data should not be shared, and that there are robust reporting requirements. This legislation does not meet these basic safeguards.
SB 7 Raising age of children who are victims of certain sex offenses to 16 Support This bill has good and concerning elements. However, by changing the age of a perpetrator from 15 to 19, it removes the possibility of criminally charging minors for consensual contact.
SB 9 Requiring certain documents that contain wage records be considered confidential Neutral There are conflicting issues with governmet transparency and privacy. The ACLU will monitor this for those issues.
SB 13 Increasing burglary penalty if crime against another person committed during burglary Oppose This bill provides for a sentence enhancement if there is a burglary and another crime is committed. If there a crime against a person is committed a defendant can be charged and convicted of that.
SB 14 Creating felony offense of attempting to kill another person Oppose There are already criminal proviions for injuring a person in an attempt to kill. This would drastically increase those penalties. The ACLU opposes excessive sentences.
SB   Creating Protect Our Right to Unite Act Support This bill would ensure that nonprofit organizations do not have disclose their members and donors, and government agencies have a duty to protect those membership lists. The ACLU supports the right to association and anonymous speech.
SB 22 Requiring county boards of education to provide free feminine hygiene products in grades six through 12 Support Lack of acceess to menstrual products can interfere with a student's ability to attend or participate in school. People should not be denied equal access to educational opportunities.
SB 24 Relating to residency requirements for voter registration Oppose This bill seeks to define when a person is a resident for the purposes of voting. This legislation could be used to deny voting to college students and people experiencing homelessness.
SB 25 Relating to adoption records Support This legislation allows adult adoptees to obtain adoption records. It provides an important privacy balance in allowing birth parents to have their information redacted.
SB 27 Requiring political action committees disclose contributors' names and addresses to Secretary of State Oppose People have a right to anonymous speech and to freely associate. Forced disclosure of membership lists puts a chilling effect on civic participation.
SB 29 Relating to involuntary hospitalization order by physician in certain case Oppose The purpose of this bill is to provide for involuntary hospitalization without due process if a magistrate or mental hygiene commissioner cannot be reached. Holding someone against there will is an extreme measure, and it is incumbant on the state provide resources to ensure due process is protected rather than worked around.
SB 35 Limiting civil penalty for littering conviction to $2,000 Support This changes the language for a fine for litering from $2,000 to 'up to' $2,000. Applied properly, it allows judicial discretion and avoids excesive fines for people with limited means.
SB 37 Providing long-term care and substance abuse treatment Support The ACLU supports the expansion of health care for people with substance abuse disorder and other chronic health issues. However, we will monitor this to ensure that these facilities are not used for long term involuntary commitments.
SB 38 Requiring schools provide elective course on Hebrew Scriptures or Bible Oppose Schools cannot promote or endorse any religious view, belief, or text over any other. Merely offering the course as described in this bill barely passes Constitutional muster, in practice it is virtually impossible to avoid improper entanglement of state and religion.
SB 40 Permitting civil actions by social media user for suppression or censorship of user's speech Neutral Generally, social media platforms are private enterprises, and are not subject to the rigid protections of the First Amendment.
SB 42 Permitting faith-based electives in classroom drug prevention programs Oppose This is yet another attempt to entagle the public education system and religion. The guise of drug prevention may seem worthy, but the Constitutional principles remain the same.
SB 44 Establishing tax credit for certain employers employing eligible individuals recovering from substance use disorder Support As the title suggests, this bill creates an incentive to hire people recovering from substance use disorder. These individuals often face significant barriers to employment and the ACLU supports efforts to help those people.
SB 55 Ensuring insurance coverage for residents with preexisting conditions Support The ACLU will monitor legislation affecting health insurance to ensure that it provides adequate protections for people with disabilities and preexisting conditions.
SB 62 Creating Katherine Johnson Fair Pay Act of 2020 Support This bill ensures that employers cannot prohibit empolyees from discussing salaries and benefits, and prevents employers from inquiring about salary history. This is a good way to rectify gender and racial pay disparities.
SB 65 Establishing Family and Medical Leave Insurance Benefits Act Support The ACLU supports paid family leave.
SB 68 Designating DHHR social workers to promote school attendance and performance Support This bill requires schools to have social workers to identify at-risk youth and connect them with appropriate services. This is a proactive way to address attendance issues without driving up the juvenile justice population.
SB 70 Requiring any newly constructed building to meet minimum standards for universal design for disabled persons Support  
SB 71 Requiring minors in possession of marijuana and their parents to attend classes on danger of marijuana Oppose Among the reasons to oppose this legislation, parents should not be punished because of what their child does.
SB 73 Relating generally to criteria for political party status Support This legislation would make it easier to certify a political party in West Virginia, which is important for civic participation and fully free and fair elections.
SB 76 Limiting liability of employers in cases where certain crime convictions are expunged Neutral This bill is designed to encourage reentry by reducing liability for employers. Some critics have questioned whether the legislation may incentivize more employers to ask about criminal history. The ACLU will monitor as this develops.
SB 78 Requiring DHHR to file petition to terminate parental rights under certain circumstances Oppose Terminating parental rights is an extreme measure. When it is appropriate it should be made on a case-by-case basis, not by blanket rule.
SB 83 Creating Fetal Heartbeat Act Oppose This bill would effectively criminalize abortions at around 6 weeks of gestation - when many people are not even aware they are pregnant. It is completely in violation of Constitutional protections for abortion.
SB 87 Drug testing of legislators Oppose The ACLU opposes suspicion-less drug testing. Denying pay to legislators raises additional constitutional concerns.
SB 90 Adjusting distance from polling place certain election-related activity is prohibited Neutral By extending the buffer zone where electioneering is prohbited fom 100 feet to 250 feet, this bill tries to draw a balance between the fundamental right to speech on political matters and the need for free and fair elections.
SB 94 Providing persons with physical disabilities ability to vote by electronic absentee ballot Support The ACLU supports expanding ballot access.
SB 98 Requiring probationers who served 10 or more years to participate in work release program Oppose Conditions and plans for release and reentry should be individualized and should not impose excessive or unnecessary supervision and conditions. This bill also requires withholding 70% of a person's pay until they complete the work-release program, this is also suspect.
SB 99 Alowing voters who register in person with county clerk to vote during early in-person voting Support This bill would allow people to register to vote and vote during the early voting period. Expanding the registration time period is another way to improve access to the ballot.
SB 100 Limiting penalty for possession of marijuana to no more than $1,000 without confinement Support This is a modest cannabis 'decriminalization' bill, which would prohibit incarceration for simple possession. It does allow fines of up to $1,000 which could be very harmful for people with limited means. Nonetheless, this is a positive step forward in reversing the war on drugs and mass incarceration.
SB 103 Updating election law to provide for language governing new election systems Support In addition to updating language to reflect current election practices, this bill would allow people who changed addresses within their precinct or county to update their address and vote a normal ballot during the early voting period. This is a modest improvement allowing for more poeple to vote.
SB 110 Creating Independent Redistricting Commission Support Gerrymandering has been used to disenfranchise voters, and particularly to dilute the vote of certain minorities. The ACLU supports independent redistricting that prevents this type of electoral manipulation.
SB 113 Requiring certain disclosures of election expenditures Oppose This bill would require discolosing the identities of members and donors to organizations that make campaign expenditures. While there are legitimate concerns about the influence of 'dark money' in elections, the basic freedoms of association and speech - including anonymous speech supercede those concerns.
SB 114 Providing continued eligibility for developmental disability services to dependents of military members Support This bill provides that when military members who have dependents with a developmental disability are moved as part of their service, their dependents may still receive state services. Althout this is a limited expansion of services, the ACLU supports efforts to ensure continuity of support services.
SB 119 Creating online voters' guide Support This bill would require the Secretary of State to create an online guide with information about each candidate, including links to webpages and social media. This would help create an easy to access, centralized source of information for voters.
SB 122 Creating Appropriation Supremacy Act of 2020 Oppose This bill would give appropriations in the budget bill priority over specific appropriations made in earlier legisation. Specific appropriations are often ear-marked because they reflect a specific legislative priority or intent where there is concern that there will not be funding if money is not set aside. The Legislature can freely remove these ear-marks but should be required to change legislation.
SB 125 Prohibiting victim from being subjected to certain physical examinations for sexual offenses Neutral This bill prohibits courts from ordering physical examinations of survivors of sexual offenses. These exams may provide exculpatory evidence for criminal defendants, and the ACLU has concerns about limiting acces to that evidence. However, in many instances the exams are unnecessary, invasive, and may dissuade a legitimate case. The ACLU will monitor this to ensure a balance of interests is met.
SB 126 Relating generally to WV Appellate Reorganization Act of 2020 Oppose Generally, the ACLU will support additional levels of government review and opportunities for transparency in the legal system. However, this legislation specifically excludes criminal matters from the proposed intermediate court's jurisdiction. Given the importance of criminal matters for basic civil liberties, the ACLU cannot support this legislation.
SB 128 Increasing penalties for malicious assault, unlawful assault, and assault on law-enforcement officer Oppose The ACLU opposes sentence enhancements and mandatory minimum sentences.
SB 130 Relating to procedure for driver's license suspension and revocation for DUI Neutral This bill eliminates Administrative hearings for the suspension or revokation of drivers licenses. We will follow this closely to ensure that due process protections remain in place.
SB 131 Creating Tim Tebow Act Oppose This bill would require local public schools allow home-school or private-school students participate in public school academics or athletics. This requires schools to make expenditures for a student that they are not otherwise receiving money for.
SB 134 Transferring child welfare enforcement responsibilities to State Police Oppose Child welfare enforcement can be a highly charged, traumatic line of work. It is much more appropriately handled by professionals skilled in that than by law enforcement.
SB 135 Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, or other legal requirements Neutral As written this bill limits local jursidictions rights to enforce particular consumer and employment rules. However, this could easily be amended to also limit local nondiscrimination laws. For that reason, the ACLU will monitor this legislation.
SB 141 Relating generally to WV Appellate Reorganization Act of 2020 Oppose Generally, the ACLU will support additional levels of government review and opportunities for transparency in the legal system. However, this legislation specifically excludes criminal matters from the proposed intermediate court's jurisdiction. Given the importance of criminal matters for basic civil liberties, the ACLU cannot support this legislation.
SB 144 Creating misdemeanor penalty for making materially false statement in course of misdemeanor investigation Oppose New crimes and new penalties will only lead to more incarceration. An amendment that prohibits pretrial incarceration for this charge was adopted.
SB 145 Permitting photo identification on voter registration cards Oppose This legislation is unnecessary. Furthermore, it will likely be used to require photo ID to vote in future elections. Even if photo ID's are provided on voter registration cards, those cards are not required to vote, and people who lost their cards would be prohibitted from voting.
SB 151 Requiring Division of Corrections and Rehabilitation to assist inmates in obtaining certain documents Support This bill directs the Division of Corrections and Rehibiltation to ensure that prior to release there is assistance in finding housing and employment, obtaining documents like a social security card and birth certificate, and in life skills. This is a positive and proactive way to assist reentry.
SB 156 Rights of domestic violence victims to know employment and residence location of assailant Oppose The ACLU is opposed to crime registries. However this legislation does limit the time a person is on the registry. Further limitations on the purposes of the registry may improve the legislation and strike a better balance.
SB 157 Requiring licensed programs for domestic violence victims offer specific services Support This bill would require support services and legal help for survivors of domestic violence. This is a good proactive way to address trauma that can otherwise become cyclical.
SB 158 Requiring State Police visit homes of registered sex offenders at regular intervals Oppose The ACLU opposes the use of registries. A prior conviction does not create enough suspicion to override the protections against search without a warrant.
SB 166 Requiring county boards of education to provide free feminine hygiene products in grades five through 12 to certain students Support Lack of acceess to menstrual products can interfere with a student's ability to attend or participate in school. People should not be denied equal access to educational opportunities.
SB 169 Relating generally to stalking and harassment Oppose One provision of this bill would remove the requirement that repeated instances of stalking or harassment be within a five year period. This could lead to sentence enhacements for unrelated conduct. Another provision creates an enhacement for intentionally or recklessly causing a person to harm themselves. Whiles these situations are tragic, existing criminal laws could cover those situations, and adding this provision will likely result in abuse and excessive sentences.
SB 175 Requiring certain agencies maintain website which contains specific information Support This bill would require administrative agencies and county and municipal governments to have websites with contact information and information about operations. This allows for more government transparency, makes it easier for people to contact the government, and will ease information about goverment operations.
SB 188 Requiring participation in drug court program Oppose This bill modifies a law that allows first time drug offenders to have their charges discharged if they meet conditions which a court may impose. The bill would require that every person subject to this dicharge must be considered for eligibility into the drug court program. This is not precluded under the current law, but would likely mean more people are put in drug courts. While they can be effective, drug courts subject people to significant supervision, and can significantly interfere with other obligations. This proposal is unnecessary and potentially dangerous.
SB 194 Eliminating requirement that schools be closed on election days Oppose Closing schools on election days provides a consistent polling place, and enables students and teachers to vote throughout the day. Keeping schools open would have the opposite effect.
SB 204 Providing for nonpartisan elections of county prosecuting attorneys Support The duty of a prosecuting attorney is in the law, and ethical considerations. Political affilation should not matter.
SB 207 Creating Prosecuting Attorney's Detectives Agency Neutral Many prosecutors already hire detectives. By providing guidelines and pofessional standars, this can help to rein in potential bad behavior. However, the language also deputizes these individuals, and the ACLU is skeptical about expanding police powers.
SB 211 Relating to unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act Support The ACLU strongly supports the nondiscrimination protections for LGBTQIA people.
SB 212 Prohibiting civil rights violations based on gender identity or sexual orientation Support This bill not only provides protections against hate crimes for people on the basis of sexual orientation and gender identity, but also encourages alternative sentencing and restorative justice.
SB 220 Relating to exemptions from mandated immunizations Oppose This bill provides for religious waivers from mandatory vaccinations for schools, colleges, and employment including health-care workers. The ACLU supports religous freedom, however also recoggnizes a compelling government intererest in promoting public health. This legislation does not maintain an adequate balance.
SB 222 Prohibiting renaming or removal of certain monuments Oppose This bill would prohibit the removal, destruction, renaming, or relocation of memorials or monuments. While the law is written broadly, it is done in the context of a wave of removing memorials to the Confederacy. The understood intent is to protect those monuments.
SB 231 Creating Born Alive Abortion Survivors Protection Act Oppose This bill does not change the existing standard of care. However, it does further stigmatize abortion, and add dangerous rhetoric about abortion. It also creates criminal penalties which could have a chilling effect on abortion care, particularly in instances where there are serious health concerns.
SB 235 Increasing criminal penalties for battery of police officer Oppose The ACLU opposes sentence enhancements and mandatory minimum sentences.
SB 238 Making state's whistleblower law applicable to private employment sector Support The ACLU supports whistleblower protections.
SB 242 Relating to work requirements for SNAP benefits Support This bill would end the work requirement program for SNAP benefits. The ACLU opposed those requirement and would support its repeal.
SB 253 Providing for fair pay and maximized employment of disabled persons Support This bill works to find employment for peole with disabilites. It also ensures fair, non-exploitative pay.
SB 254 Adding grievance and appellate procedures for individuals participating in DMV safety and treatment program Support This bill adds an appeal process for people participating in the DMV safety and treatment program, who want to challenge an adverse decision. The ACLU supports providing processes for transparency and oversight.
SB 257 Prohibiting discrimination in access to organ transplants based on physical or mental disability Support This bill ensures that a person with a disability cannot be denied treatment for transplants.
SB 259 Requiring mandatory incarceration prior to parole for certain persons convicted of distributing controlled substances near libraries Oppose Crimes and criminal defendants differ. This bill would expand existing law mandating a period of incarceration, and removing the option for alternative sentencing or lienency based on facts.
SB 260 Collecting of personal information by retail establishments for certain purposes Support This bill would limit the purposes for which a retailer can collect certain personal information, require protection of that information and reporting if the information is compromised.
SB 261 Creating criminal penalties for introducing ransomware into computer with intent to extort Neutral Generally, the ACLU will oppose new criminal penalties. However, this law is aimed at addressing a new phenomenon. The law is also better crafted because it does not impose a mandatory minimum sentence.
SB 267 Relating to criminal possession of rented or leased personal property Oppose This is an unnecssary law that creates a crime that is better handled in civil courts, and, in limited circumstances can be addressed by existing criminal laws.
SB 270 Relating to unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act Support This bill would prohibit discrimination in employment, public accomodations and housing on the basis of sexual orientation or gender identity. The ACLU supports this extention of equal rights.
SB 271 Prohibiting civil rights violations Support This bill would allow for a 'hate crime' charge on the basis of sexual orientation and gender identity. The ACLU's committment to criminal justice reform is met through encouraging the use of alternative sentencing.
SB 272 Repealing certain misdemeanor offenses Support The ACLU supports removing obsolete crimes from the criminal code.
SB 275 Creating Intermediate Court of Appeals Oppose Generally, the ACLU will support additional levels of government review and opportunities for transparency in the legal system. However, this legislation specifically excludes criminal matters from the proposed intermediate court's jurisdiction. Given the importance of criminal matters for basic civil liberties, the ACLU cannot support this legislation.
SB 276 Creating Intermediate Court of Appeals Oppose Generally, the ACLU will support additional levels of government review and opportunities for transparency in the legal system. However, this legislation specifically excludes criminal matters from the proposed intermediate court's jurisdiction. Given the importance of criminal matters for basic civil liberties, the ACLU cannot support this legislation.
SB 277 Relating to civil asset forfeiture Support This bill requires proof of a conviction to forfeit siezed property. The ACLU supports this as a simple, first step reform to civil asset forfeiture.
SB 278 Providing various methods to deal with defendant who becomes incompetent during trial Support This bill attempts to deal with ACLU issues such as criminal procedure and involuntary committment.
SB 286 Prohibiting syringe exchange programs Oppose Harm reduction are evidence based ways to address substance use and addiction to minimize social harms and increase the chances of a person seeking recovery.
SB 287 Requiring county boards of education establish program for random drug testing of student drivers and student athletes Oppose The ACLU opposes suspicion-less drug testing. This bill also violates the privacy rights of students.
SB 288 Relating to family planning and child spacing Support This bill would reduce barriers and increase access to long acting reversible contraceptives. The ACLU supports efforts to increase access to contraception. A committee substitute in Senate Children and Families removes concerning language and adds reversal, which dramatically improves the bill.
SB 291 Requiring PEIA and health insurance providers provide mental health parity Support West Virginia has a serious need in proving greater access to mental health services. These services are both a preventive and alternative to the juvenile justice and criminal justice systems. We support measures to increase access to these services.
SB 292 Relating to criminal offenses of stalking and harassment Oppose This bill creates harsher penalties and sentence enhancements if a victim of stalking or harassment is harmed. These rare and tragic situations can be handled by existing law without enhancements to a different section of code.
SB 296 Requiring student compete in school-sanctioned event based on athlete's biological gender listed on original birth certificate Oppose The ACLU supports the rights of transgender athletes.
SB 301 Relating to Foster Care Ombudsman Program Support The ACLU supports efforts to provide accountability in a system where the rights of families and children are at stake.
SB 302 Updating laws on foster care Support This bill would help match youth with foster families, and provides certain rights for foster youth. The ACLU supports these efforts to minimize the trauma of the foster system.
SB 308 Penalizing individuals who violate financial exploitation protective order Neutral This bill provides for criminal penalties for people who violate a court order and engage in financial exploitation. The sanctions are scaled, and the bill does not provide a mandatory minimum. The ACLU will monitor this legislation.
SB 311 Relating to court-ordered community service Support This bill incentivizes alternatives to incarceration by limiting liability for judges who use alternative sentencing, specifically, community service. The bill also allows community service to be used in lieu of fines.
SB 345 DHHR rule relating to medical cannabis program general provisions Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
SB 346 DHHR rule relating to medical cannabis program growers/processors Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
SB 347 DHHR rule relating to medical cannabis program laboratories Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
SB 348 DHHR rule relating to medical cannabis program dispensaries Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
SB 349 DHHR rule relating to medical cannabis safe harbor letter Neutral This provides the general rules that have been promulgated from the WV Medical Cannabis Act. The ACLU will study these rules to ensure they have been faithful to the law and implement best practices.
SB 353 DHHR rule relating to pilot program for drug screening of applicants for cash assistance Neutral The legislature previously passed a law implementing a 3 year pilot program to drug test recipients of TANF. The ACLU opposed, and continues to oppose this. This rule changes the sunset date by 1 year to reflect a delay in implemenation of the pilot.
SB 373 Board of Acupuncture rule relating to prior criminal convictions in licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 390 Board of Chiropractic Examiners rule to consider prior criminal convictions for initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 401 Board of Hearing Aid Dealers rule to consider prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 402 Board of Landscape Architects rule to consider prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 404 Massage Therapy Licensure Board rule to consider prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 411 Board of Occupational Therapy rule relating to consideration of prior criminal convictions in initial licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 433 Real Estate Commission rule to consider prior criminal convictions in license determination Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 438 Board of Respiratory Care rule relating to consideration of prior conviction in licensure determinations Support This rule prohibits denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 472 Providing alternative sentencing program for work release Support Incarceration is an extreme penalty. The ACLU supports the use of alternative sentencing. We will monitor this bill to ensure that an alternative sentence is not used for forced labor.
SB 473 Requiring physicians notify parents when prescribing contraceptives to minors Oppose Parental notification will discourage minors from requesting or using contraceptives. In some circumstances parental notification could put the minor's safety at risk.
SB 474 Requiring public schools notify parents when dispensing contraceptives to minors Oppose Parental notification will discourage minors from requesting or using contraceptives. In some circumstances parental notification could put the minor's safety at risk.
SB 475 Requiring posting of Ten Commandments in every courthouse Oppose The display of the 10 Commandmants on public property is a violation of the Establishment Clause.
SB 480 Enacting WV Human Life Protection Act Oppose This bill would outlaw most abortions as early as 6 weeks, before many people even know they are pregnant.
SB 483 Eliminating restriction to carry firearm on State Capitol Complex grounds Oppose While the West Virginia Constitution does provide an individual right to carry a firearm, the presence of firearms can stifle necessary debate on controversial topics.
SB 484 Requiring free feminine hygiene products be provided to female prisoners Support The ACLU supports ensuring people in state custody have access to items necessary for basic dignity.
SB 496 Prohibiting employment of unauthorized employees in construction industry Oppose This bill would require particpation in the E-Verify program. E-Verify is highly problematic. Errors in the system can hurt regular workers. There are significant due process concerns. The system creates to privacy and security liabilities.
SB 499 Removing barriers to employment for certain individuals with criminal records Support This bill would prohibit denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 502 Relating to methamphetamine criminal penalty Oppose This bill would increase the penalty for methamphetamine trafficking. Increased penalties do not deter drug crime but do contribute to mass incarceration and can lead to greater racial disparities in the crimanl system.
SB 503 Removing barriers to employment for certain individuals with criminal records Support This bill would prohibit denying an occupational liscence on the basis of a prior criminal conviction unless there is a rational nexus between the occupation and the conviction.
SB 507 Requiring certain persons who commit criminal offense while in juvenile custody not be held within sight or sound of adult inmates Support The ACLU opposed a prior change that required people in juvenile custody to be transferred to adult facilities. This bill clarifies that those young adults have to be kept out of sight and sound of adult inmates.
SB 527 Creating small business and minority populations economic and workforce development taskforce Support This bill would create a taskforce to study and make reccomendations regarding minority economic conditions.
SB 528 Creating Uniform Worker Classification Act Oppose This bill would reclassify many workers as independent contractors. As such they would not be subject to the provisions of the WV Human Rights Act. The ACLU opposes removing protections for a braod swath of workers.
SB 529 Establishing limitations on claims and benefits against state Oppose This bill would limit how long people have to file a wrongful imprisonment, wrongful conviction, or similar claim. The deprivation of such basic rights requires redress regardless of the timeframe in which it occurred.
SB 536 Relating to disclosure of fundraising contributions during legislative session Support This bill increases access to important information to allow voters to make informed decisions.
SB 541 Creating position of homeless education coordinator Support This bill would require each county to have a paid position whos responsibility to to work with homeless and transient students and families to help ensure education. This would help reduce trunacy cases, help struggling families, and help ensure the state is meeting its constitutional mandate to provide a thorogh and efficient system of education.
SB 542 Prohibiting political activities by members of State Board of Education Neutral The ACLU will monitor this legislation. The bill puts significant restraints on basic political activity of members of thr State Board of Education, even when taken during personal time.
SB 543 Establishing Minority Health Advisory Team Support This legislation focuses on studying social and economic factors affecting minority comunities and developing projects to assist those communities based on findings.
SB 561 Prohibiting insurers from denying coverage as result of preexisting condition Support The ACLU supports legislation to ensure adequate protections for people with disabilities and preexisting conditions.
SB 562 Expunging certain criminal convictions Support This bills makes minor technical changes to the expungement law. It clarifies where a person can apply for expungement, and it allows for more than one application to expungment. These are all positive changes that will help the law.
SB 563 Eliminating suspension of driver's license for failure to pay court fines and costs Support This bill would completely remove the ability to suspend a person's driver's license for failure to pay court fines and costs. This practice unfairly punishes people with limited means, and often results in losing their work, making them less likely to pay.
SB 568 Increasing time period elected official may not appear before government entity they serve Neutral This bill would prohibit elected officials, during their service and for two years after from appearing in an advocacy role in front of government entities. This raises concerns about restraint on speech. Conversely, there is a legitimate concern about undue influence.
SB 580 Continuing Foster Care Ombudsman Program Support This bill expands the Foster Care Ombudsman. This position provides oversight and accountability to government agencies.
SB 581 Requiring disclosure of dark money political expenditures Oppose The ACLU believes in the right to anonymous speech.
SB 584 Transferring jurisdiction of contested elections to circuit court Neutral This bill lets circuit courts review contensted elections, instead of county commissions. The ACLU will monitor this to ensure the legislation provides adaquate transparency and procedure.
SB 585 Relating to Human Life Non-Discrimination Act Oppose This bill would prohibit abortions "because of" sex, race or genetic condition. It would require specific reporting about abortions. The ACLU opposes this because the decision to have an abortion is often based on many factors, and it is between a doctor and a pregnant person to decide which medical procedures are appopriate.
SB 590 Implementing trauma-informed practices in schools Support Trauma-informed practices reduce reliance on the disciplinary and judicial systems, and can help break cyclical trauma.
SB 591 Establishing Office of State Inspector General Support This bill would create an Inspector General. This could increase government transparency and accountability.
SB 595 Relating to WV Monument and Memorial Protection Act of 2020 Oppose This bill would prohibit the removal, destruction, renaming, or relocation of memorials or monuments. While the law is written broadly, it is done in the context of a wave of removing memorials to the Confederacy. The understood intent is to protect those monuments.
SB 612 Allowing work programs or community service as alternative sentencing Support This bill provides a minor change to existing alternative sentencing law. It allows work programs with with county and state agencies. The expansion of alternative sentencing options is one way to address mass incarceration.
SB 616 Relating to employment grievance procedure for public employees Oppose This bill would make it more difficult for public empolyees to get involved in representation activities during grievance procedures. This is att odds with the right to association.
SB 617 Amending procedures for refusing certain offenders for commitment to jail Oppose This bill creates indemnity for correctional staff when an inmate refuses medical treatment. If the state is going to take custody of people, they bear the burden of keeping them safe and healthy without compelling medical care.
SB 620 Authorizing Division of Corrections and Rehabilitation approve home plans for inmates Support This bill would require the Commissioner of the Division of Corrections and Rehabilitation to develop home plans for certain inmates,and to develop a parole plan for nonviolent inmates.
SB 623 Allowing noncitizen of US be eligible for teaching certificate Support This bill would allow certain non-citizens to get a certificate to teach. This is another avenue open for immigrants and refugees.
SB 627 Authorizing local board of health to engage in office-based medication-assisted treatment Support This bill would allow local boards of health provide medication assisted treatment for people with substance use disorder. Treatment will be different for all people, and it is important to have a variety of options without unnecessary restraints or stigma.
SB 637 Prohibiting home schooling of children in certain circumstances Oppose This bill would prohibit homeschooling if there is suspicion of child abuse or neglect. People cannot be deprived their rights based solely on suspicion, and assessments should be made on an individual basis.
SB 643 Creating Youth Mental Health Protection Act Support This bill would ban the practice of conversion therapy, which has been shown to be harmful to LGBTQ youth.
SB 663 Exempting certain hygiene products from sales tax Support This bill would end the tax of menstrual products. The ACLU supports ending this tax.
SB 665 Requiring persons convicted of certain crimes on or after March 8, 1995, provide DNA samples Oppose This bill expands an existing law which requires DNA collection of people convicted of certain crimes. If this bill passes all persons conviceted after 1995 will have to provide DNA samples. This is an invasion of privacy, applied retroactively to affect a quarter-century of convictions.
SB 678 Waiving fines and fees for completing Getting Over Addicted Lifestyles Successfully Program Support This bill provides incentives for rehabilitative programs while incarcerated, and removes fines and fees for participation.
SB 692 Clarifying persons indicted or charged jointly for felony offense can move to have separate trial Support The ACLU supports the rights of defendants to have seperate trials that have not been contaminated by other issues.
SB 696 Relating to Pay Transparency Act of 2020 Support This bill prohibits employers from keeping employees from sharing salary information, which helps erase pay disparities.
SB 706 Clarifying duties of law-enforcement training and certification subcommittee Support This bill would double the hours of training for law enforcement and remove ways to bypass classroom hours. Proper training for law enforcement is a way to reduce the risk of basic civil liberties violations.
SB 716 Requiring DHHR pay for tubal ligation without 30-day wait between consent and sterilization Support This bill expands medical coverage for reproductive healthcare.
SB 723 Requiring Department of Education develop plan based on analyzed data on school discipline Neutral This bill would require the Department of Education to study discipline and develop a program that would address the number of disciplinary actions in schools. The ACLU encourages use of school disclipline over court referrals, and judicious use of school discipline applied in a fair manner, focusing on corrective action and restorative justice. Without more guidance, this particular mandate could violate some of these principles.
SB 733 Recognizing political party status Support This bill makes a minor change to how political parties can be recognized.
SB 752 Relating generally to medical cannabis Support This bill improves the medical cannabis act.
SB 765 Modifying "Habitual Offender" statute Oppose This bill would add new crimes for which someone could be labeled a habitual offender and increase the maximum sentence enhancement up to 15 years.
SB 785 Establishing uniform electioneering prohibition area Support This bill seeks to make the electioneering law uniform between early voting day and lectioin day locations.
SB 797 Authorizing governing boards of public and private hospitals employ hospital police officers Oppose To a hammer, everything looks like a nail. People come to hospitals in various forms of physical, emotional and mental distress. Law enforcement are signigicantly more likely to use force, and to file criminal charges for people who need help. Law enforement at hosptials may also discouage people who genuinely need medical care from seeking it, if they have legal issues. An amendment does require some specialized training, however, the bill remains problematic.
SB 807 Requiring statewide full-time professional counselor to student ratio of one to every 250 students Support This bill sets a maximum ratio of students per counselor. This will help to ensure that there are adaquate appropriate resources for students and the school to avoid over-reliance on the disciplinary or legal system.
SB 821 Providing immunity from civil liability to facilities and employees providing crisis stabilization Oppose This bill would create immunity for health care facilities and providers that engage in mental health and and drug crisis stabalization. These are important services that often are an alternative to incarceration. Immunity may incentivize more of these services. However, the population who would utilize these services are very vulnerable, and blanket immunity is not an appropriate way to create more services.
SB 826 Implementing system for ranked choice voting for election of justices to WV Supreme Court of Appeals Support This bill would create a ranked choice voting system where voters would rank their preferred candidates for the West Virginia Supreme Court of Appeals. This allows voters to indicate true preference rather than making strategic votes. It also alleviates the problem of Supreme Court justices being elected by a small plurality of voters.
SB 838 Directing state police establish referral program for substance abuse treatment Support This bill presents a very good way to address addiction. It provides criminal immunity for people. It allows for voluntary treatment, as opposed to coercing treatment.
SJR 1 Clarification of the Judiciary's Role in Impeachment Proceedings Amendment Oppose Impeachment is a political process. Courts give deference to the legislature in political matters, but it is a violation of the balance of powers to preemptively deny the courts any opportunity to review legal issues arising out of an impeachment.
HJR 3 Term Limits for Senators and Delegates in the West Virginia Legislature Oppose The ACLU opposes term limits.
SJR 4 Protection of Electronic Communication and Data Amendment Support This proposed amendment would extend protections against unreasonable search and seizure to electronic communications and data. The ACLU strongly supports this.
HJR 4 Life Begins at Conception Amendment Oppose The ACLU opposes attempts to interfere with the right to an abortion.
SCR 4 Urging Congress call convention to propose amendment on congressional term limits Oppose The ACLU opposes invoking an Article V convention of the states - because there are not adaquate constitutional safeguards. The ACLU also opposes term limits.
HJR 5 Senators and Delegates Service Limit Amendment Oppose This is an amendment that would effectively create term limits. The ACLU opposes term limits.
SJR 7 Preserving the Separation of Powers Amendment Oppose This proposed amendment would prohibit the courts from making rulings on legislative process and procedures. The courts play a vital role as a check and balance on the other branches, and this amendment would limit their ability to do so.
SCR 10 Requesting study of current WV laws relating to anti-bullying measures in schools Support The ACLU recognizes that schools have an affirmative obligation to create a safe, harassment-free learning environment for all students. However, reliance on disciplinary and legal systems to enforce creates other civil liberties concerns. We support a measured approach to study the issue and develop strategies that can provide the appropriate learning environment without perpetuating the school-to-prison pipeline.
SCR 11 Asking Congress call convention for proposing amendments to impose fiscal restraints on federal government Oppose The ACLU opposes invoking an Article V convention of the states - because there are not adaquate constitutional safeguards. The ACLU also opposes term limits.
HJR 15 Legislator Term Limit Amendment Oppose The ACLU opposes term limits.
SR 15 Recognizing contributions of American Civil Liberties Union on its centennial anniversary Support Happy Birthday ACLU!
HJR 16 Senators and Delegate Service Limit Amendment Oppose This is an amendment that would effectively create term limits. The ACLU opposes term limits.
HCR 21 Calling a convention of the states to limit the terms of office for a Member of the United States House of Representatives and for a Member ofthe United States Senate Oppose The ACLU opposes invoking an Article V convention of the states - because there are not adaquate constitutional safeguards. The ACLU also opposes term limits.
HJR 27 Initiative, Referendum, and Recall Amendment Support Initiatives, referendums, and recalls all expand democratic control and principles. The ACLU would support this.
SCR 27 Requesting study on ways to make State Capitol building more handicap accessible Support Lack of accesability limits the ability of some people to fully petition their government and participate in the process. Examining ways to remedy this is a worthy goal.
HJR 29 Limiting the terms of members of the House of Delegates amendment Oppose The ACLU opposes term limits.
HCR 44 Study regarding suitable physical, technological, and procedural accommodations for disabled persons in all buildings of the West Virginia State Capitol Complex Support The ACLU encourages accessability to our government.
HCR 48 Imposing fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress Oppose This resoultion would call for a convention of the states to address multiple issues. The ACLU opposes an Article V convention, speicifically because of concern that it cannot be limited. Opening the convention to multiple issues only makes the more dangerous. The ACLU also opposes term limits.
HCR 50 Requesting the Division of Corrections and Rehabilitation to conduct annual studies on the reporting of sexual assaults in the state's correctional facilities Support Sexual assualt in prison remains a serious and all-too common occurrence. The state has an obligation to provide for the safety of inmates and this study is a step in meeting that obligation.
HCR 71 Urging Congress to recognize June 19 as "Juneteenth Nation Freedom Day" as a national holidal Support The ACLU supports recognizing this important date in civil rights history.
HCR 95 Establishment Act Oppose This resolution invokes religious freedom to label all hard fought and won equal rights and dignity for the LGTBQ communities (and others) as a promotion of the religion of secular humanism and to prohibit state recognition of those rights.
HJR 101 Amendment to the West Virginia Constitution providing the West Virginia Legislature rule-making oversight of the West Virginia Supreme Court of Appeals and circuit court Oppose This proposed amendment interferes with the separation of powers, by giving the legislature control over the judiciary.
HJR 108 Allowing citizens to participate directly in the formation of legislative districts by creating a nonpartisan citizen commission Support This proposed Constitutional amendent would create a bipartisan rediscrticting committee. The ACLU supports the intent to generate more citizen input and involvement, and to end partisan gerrymandering.
HJR 116 Allowing an elected state official to be a government employee or employee of a public school, college, or university Support This proposed constitutional amendment allows "dual-employment" for certain state employees - allowing them to hold elected office. The current strict prohibition disallows a signifcant percentage of people, including many with a proven track record of public serivce, from holding elected offie.

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