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.

Follow any of these bills by entering the bill number here.


 

Chamber and TypeNumberTitleOur PositionExplanation
HB2003Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergencySupportThis bill limits emergency executive powers, requires more transparency, protects constitutional rights, and provides more legislative oversight of emergency management. The ACLU supports these principles.
HB2009Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activitiesOpposeThis bill puts burdensome paperwork on using shop fees for political activity. The effect is to limit the political activity of organized labor, which the ACLU opposes.
HB2012Relating to public charter schoolsOpposeThis bill further expands charter schools, provides more opportunities to authorize charter schools, and restricts opportunities to revoke a charter. The ACLU strongly opposes programs that divert funding from public education.
HB2013Relating to the Hope Scholarship ProgramOpposeThis bill creates a Hope Scholarship Program. In reality this program is Education Savings Accounts by another name. The ACLU opposes ESAs because they take money from public education and can result in public money being used for religious education.
HB2014Relating to role of the Legislature in appropriating federal fundsSupportThis bill provides more legislative oversight of expenditure of emergency funds. This provides increased transparency and reduces the change of corruption.
HB2015Requiring rules of local boards of health to be approved by the county commission except in cases of a public health emergencyNeutralThis bill requires county commissions to approve rules by local health departments. The ACLU believes that public health decisions should be based on the best scientific evidence and free from undue political influence. However, the ACLU also supports the democratization of policy making. We will monitor this bill to ensure that this policy is designed to help democratize health policy, and not to let undue politcal influence undermine policies based on scientific evidence.
HB2031West Virginia Development Achievements Transparency ActSupportThis bill requires greater tracking and transparency or certain WV development grants. The ACLU supports increased government transparency.
HB2034Establishing a comprehensive addiction recovery center certification and grant program in this stateSupportThis bill creates a program to certify addiction recovery centers and provide grants for new centers. The ACLU supports providing more supports for people who want addiction treatment. The ACLU also understands that certain recovery programs can be exploitative. We will support certification if it is evidence-based with the intent of protecting patients, and not designed to limit or impede new programs and centers.
HB2087Relating to requiring the Office of Health Facility Licensure and Certification to inspect office-based medication-assisted treatment programs at least every 24 months.NeutralCurrently this bill only requires inspection of offices that provide medication-assisted treatment (MAT) every 24 months. The ACLU supports MAT as an evidence-based treatment that helps some people who wish to stop using. We will monitor this bill to ensure it does not interfere with MAT programs.
HB2094Relating to the juvenile restorative justice programsSupportThis bill establishes restorative justice programs for certain juvenile offenders. The ACLU supports restorative justice as an alternative to incarceration.
HB2138Defend the Guard ActSupportThis bill prevents the West Virginia National Guard from being deployed to a foreign conflict without a Congressional declarlation of war. The ACLU believes only Congress has the power to wage war, and therefore supports this legislation.
HB2157Forbidding displays relating to sexuality in public school facilities and forbidding the teaching of sexuality in public schoolsOpposeThis bill prohibits displays or the teaching of "sexuality". Age-appropriate, inclusive sexual education is important.
HB2160Issuing identification documents to homeless individuals residing at homeless sheltersSupportThis bill allows the DMV to issue ID's to people experiencing homelessness at shelters. These IDs can improve access to housing, benefits, transportation and employment.
HB2174West Virginia Monument and Memorial Protection Act of 2021OpposeThis bill significantly increases barriers to removing or renaming historical monuments. While content neutral, it is a response to attempts to remove monuments to the Confederacy and slavery.
HB2224Relating to complaints against public agencies to obtain records through the Freedom of Information ActOpposeThe introduced version bill allows the Ethics Commission to investigate and santion public entities that do not comply with public records requests. However, as amended that oversight is removed, and the bill provides an ambigous open period for agencies to respond to FOIA requests. With the changes the ACLU opposes this bill.
HB2257Relating to extended supervision for certain drug offendersOpposeThis bill would require a period of supervised release in addition to existing penalties for certain drug offenders. This amounts to additional sentencing and will adversley impact justice-involved people.
HB2266Relating to expanding certain insurance coverages for pregnant womenSupportThis bill provides Medicaid coverage for people up to 1 year post-partum. The ACLU supports legislation that ensures proper medical care for expetant and new parents.
HB2275Eliminate the restriction to carry a firearm on the state capitol complex grounds.OpposeThis bill would allow firearms on Capitol Grounds. This property is often used for public demonstrations, and allowing firearms can having a chilling effect on free speech. An amendment also allows guns inside the Capitol further elevating concerns.
HB2290Initiating a State Employment First Policy to facilitate integrated employment of disabled personsSupportThis bill promotes the employment and fair wages for West Virginians with disabilities. The ACLU supports this effort to promote autonomy and dignity for people with disabilities.
HB2335Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minorOpposeThis bill would add a sentence enhancement for an arbitrary circumstance. This is a retributive measure that will not reduce crime, but will increase mass incarceration.
HB2362Implementing trauma-informed practices in schoolsSupportThis bill puts into place a number of practices in schools to provide a truama-informed environment for students. This includes more support services and less reliance on harsh discipline. This will reduce the school-to-prison pipeline.
HB2364Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officerOpposeThis bill will likely do little to promote school safety. However, force is often disporportionately applied to people of color and people with disabilities and it is likely this would result in the potential for school employees to use lethal force against a student.
HB2379Make criminal invasion of privacy a felonyOpposeThis bill would increase penalties for criminal invasion of privacy. The ACLU opposes increasing sentences.
HB2524Modifying the definition of child abuse or neglect to exclude accidental injurySupportThis bill limits the definition of "neglect" for which a parent or guardian can be held criminally liable. While the ACLU does support reasonable steps to ensure the safety and welfare of children, this bill appears to protect against over-zealous prosecution of parenst which can compound truama and even lead to family separation.
HB2592Require Counties and Municipalities to hold all local elections during statewide electionsSupportThis bill would require all municipal elections to occur at the same time as primary or general elections. This would encourage greater democratic participation, which the ACLU supports.
HB2595Prohibit "divisive concepts" from schools, state agencies and any groups receiving state fundingOpposeThis bill puports to ban racial stereotyping. However, the language of the bill also prohibits important and necessary discussions in workplaces and in curriculum regarding the racial history of the United States, implicit bias, and privlege.
HB2741Relating to expansion of the alcohol test and lock program to offenders with a drug related offenseOpposeThis bill would expand the use of the interlock system that is currently in place for people with alcohol-related violations to also include people with drug convitions and would require regular drug testing. The ACLU opposes rules and sanctions that are not individualized.
HB2747Transferring the Parole Board to the Office of Administrative HearingsOpposeThis bill would make changes to the Parole Board. Among changes, it could politicize the parole board, and remove expertise by reducing education requirements.
HB2778Create the Education Tax CreditOpposeEducation tax credits are a program that allows public money to be used for private and religious education. The ACLU opposes such schemes.
HB2830Relating generally to sex traffickingSupportThis bill expands protections for minors who have been victims of sex trafficking by providing immunity for prostitution charges. The ACLU supports bills that prevent unnecessay prosecution.
HB2884To make changes to the FOIA law to protect public utility customer databases from disclosure, with exceptionsNeutralThis bill prohibits the disclosure of some information held by public utilities, including personal custome information. The ACLU will monitor this to ensure consumer information is protected but that information in public interest is not.
HB2888Relating to when contentions can be revived based on forensic scientific evidence that was not available at time of convictionSupportThis bill clarifies that certain foresnsic evidence can be used to challenge a finding of criminal liability in certain circumstanes. The ALU supports this protection against false convictions.
HB2891Creating minimum statutory standards for law-enforcement officersSupportThis bill creates some standards for hiring law enforcement officers. There are additional safeguards that could be implemented, but this improes the current law.
HB2923Relating to Social Media privacy and educational institutionsSupportThis bill prevents an educational institution from compelling students to turn over access to social media accounts. The ACLU supports these privacy measures.
HB2932Protections for Charitable OrganizationsSupportThis bill provides additional protections for the membership lists of charitable organizations. The ACLU supports the basic right that your right to associate freely should be also be free of government interference or inspection.
HB2933Anti-Discrimination Against Israel ActOpposeThis bill would prohibit West Virginia from doing business with any corporate entitity that takes part in a boycott or divestment from Israel. This is a prohibition on protected political expression.
HB2976Allow women to work on inmate road crewsSupportThe ACLU opposes any sex-based discrimination. However the ACLU has concerns about prison labor.
HB2982Relating to the Second Chances at Life Act of 2021OpposeThis bill requires healthcare providers to notify patients about the possibility of "reversing" certain medical abortions prior to distrubuting the medications. This is an infringement on speech and is not medically accurate.
HB3038Set the age for consent of marriage at 18 years of ageOpposeThis bill would raise the age of marriage to 18. This bill can be discriminatory to people from different ethinic and religious traditions and is not a rationale way to address very real issues about exploitation.
HB3069Enhance cooperation between civilian law enforcement and military authorities.NeutralThis bill authorizes local law enforcement to take a larger role in National Guard investigations. The ACLU will monitor this for concerns about militarization of police, due process, and civillian oversight of the military.
HB3078Relating to powers and duties of the parole boardSupportThis bill allows people to complete certain classes while on parole instead of before parole. The inability to access required classes has been a barrier to people being released so the ACLU supports this change.
HB3080Relating to making the Bureau of Behavioral Health the certifying agency for recovery residencesSupportThis bill makes the Bureau of Behavioral Health to certify recovery residences. This agency is more likely to properly certify these residences without being an unnecessary barrier.
HB3106To change the hearing requirement for misdemeanors to 10 daysOpposeThis bill would extend the time between an initial appearance and a bond hearing from 72 hours to 10 days. The government should not be incarcerating people who have not been proven guilty.
HB3107Declaring that Post Traumatic Stress Disorder diagnosed by a licensed psychiatrist is a compensable occupational disease for first respondersSupportThis bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
HB3134Creating a new criminal defense prohibiting public disclosure of restricted informationOpposeThis bill creates a criminal penalty for publishing certain personal information about law enforcement and judicial officers. While the ACLU does support privacy rights, we oppose the creation of new criminal penalties. The ACLU also has concerns about this legislation being used to chill people who are trying to reach public officials.
HB3157The Forming Open and Robust University Minds (FORUM) ActOpposeThis bill seeks to reassert certain free speech protections on colelge campuses. However the bill also has a provision that would force universities to provide funding to student organizations engaged in discrimination.
HB3175Relating to removing certain felonies than can prohibit vehicle salespersons from receiving a licenseSupportThis bill puts the same restrictions on car salespeople as are on car dealers for prior felonies. It gives people a chance to reenter their occupation after 10 years. The ACLU supports legislation that eases reentry.
HB3293Relating to single-sex participation in interscholastic athletic eventsOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
HB3304Authorizing the Division of Corrections and Rehabilitation to establish a Reentry and Transitional Housing ProgramSupportThis bill allows the Division of Corrections and Rehabilitiation to contract to create transitional housing. This addresses an issue in reentry where people are left in prison longer than is necessary because they don't have stable housing upon release. It also can help to promote rehabilitation and ease reentry for some people.
HB3307Social Media Intergrity and Anti-Corruption in Elections ActOpposeThis bill would allow a social media site to be civilly liable if the moderate or censor certain content. While the ACLU recognizes the importance of social media, there are several problems with this legislation. Social media platforms are private and generally permitted to moderate the content. This is also preempted by federal law.
HCR9Urging Congress to call a convention of states to limit terms of office of the US House of RepresentativesOpposeThe ACLU opposes the use of an Article V Convention of the States to propose consitutional amendments due to the lack of precedence and controls. The ACLU also opposes term limits.
HJR2Providing that courts have no authority or jurisdiction to intercede or intervene in, or interfere with, any impeachment proceedings of the House of Delegates or the SenateAmendments NeededThis proposed amendment would prohibit the Courts from any role in impeachment proceedings. The courts play an important role in the system of checks and balances. However, they do so, in part, by avoiding avoiding political processes, which included impeachment. Currently, the bill also denies the courts the ability to review sanctions, even when they exceed the Constitution. The ACLU wants to see this judicial review preserved.
SB7Limiting political activity by public employeesOpposeThis bill significantly limits when public employees are allowed to engage in political activity. This is constitutionally suspect as restriction on free speech.
SB8Relating to castle doctrine and self-defense standardsOpposeThis bill would expand stand your ground laws. These laws have resulted in increased deaths. There is no greater civil liberty violation than the loss of life.
SB11Declaring work stoppage or strike by public employees to be unlawfulOpposeThis bill would prohibit strikes by teachers. The ACLU supports the rights of organized labor.
SB13Protecting rights of conscience for child welfare services providersOpposeThis bill would allow child welfare providers and secondary providers to deny services to children or parents based on religious beliefs. This would allow discrimination throught the child welfare system.
SB16Providing continued eligibility for developmental disability services to dependents of military membersSupportThis bill expands the eligibility for certain support services to some individuals. The ACLU supports providing these services.
SB28Creating Tim Tebow ActOpposeThis bill allows students at private schools or who are homeschooled to participate in extracurricular and sports of the local public school. The ACLU opposes this because it requires public schools to make expenditures for youth, without any extra funding by the state.
SB108Prohibiting racial discrimination based on certain hair textures and hairstylesSupportThis bill clarifies that racial discrimination includes discrimination based on hairstyle and texture. The ACLU supports this clarification which helps to address a way racial discrimination has been able to persist in the workplace.
SB231Relating generally to medical cannabisSupportThis bill would expand the WV medical cannabis program. It would allow for certain people to grow plants, and would allow more flexibility in qualifying conditions.
SB272Relating to WV Employment Law Worker Classification ActNeutralThis bill reclassifies more workers as independent contractors. A provision in the bill preempts local human rights ordinances which may extend protections to LGBTQ workers. The ACLU will monitor this to ensure it does not subvert these nondiscrimination ordinances.
SB275Relating generally to WV Appellate Reorganization Act of 2021OpposeWhile the ACLU broadly supports additional layers of oversight to ensure a fair judicial process, this court specifically excudes jurisdiction over criminal matters. In this form, the ACLU opposes this bill.
SB302Prohibiting gender-based price discriminationSupportThis bill prohibits retailers from selling a products that are substatially the same at disparate prices if they are marketed towards different genders. It is a common practice for womens' products to be more expensive than mens' products even when the product is effectively the same. The ACLU supports efforts to remove this gender-based inequity.
SB332Providing procedure for WV to select delegates to Article V ConventionOpposeThis bill provides certain policies and procedures for the selection and recall of delegates to a convention under Article V of the Constitution. The ACLU opposes the use of a Convention of the States to amend the Constitution. Among other reasons, it is unclear that laws like the one proposed here would be enforcable.
SB334Establishing license application process for harm reduction programsOpposeThis bill seeks to require licensure for any harm reduction programs. It also puts burdensome requirements on harm reduction, such as requiring the support of the entire county commission and local sherriff, requiring specific staffing and facilities. The bill further requires models of harm reduction that are contrart to evidence-based best practices.
SB345Expanding alcohol test and lock program to include offenders with drug-related offenseOpposeThis bill would expand the use of the interlock system that is currently in place for people with alcohol-related violations to also include people with drug convitions and would require regular drug testing. The ACLU opposes rules and sanctions that are not individualized.
SB351Declaring Israel as prominent trading partnerOpposeThis bill would prohibit West Virginia from doing business with any corporate entitity that takes part in a boycott or divestment from Israel. This is a prohibition on protected political expression.
SB387Relating to drug screening of applicants for cash assistanceOpposeThe bill would extend the 3 year pilot program to drug test TANF recipients to allow the program to continue. The ACLU opposes suspicionless drug testing.
SB392Creating penalty for impersonation of law-enforcement officer or officialOpposeThis bill creates criminal penalties for the very real issue of sexual coercion. However, the ACLU also opposes
SB469Permitting appearance by video for purpose of notarial actSupportThis bill allows people to use video-conferencing to access notary publics. This makes it easier for people with disabilities and people trying to access certain legal procedures to do so.
SB470Limiting release of certain personal information maintained by state agenciesOpposeThis bill purports to protect legal and judicial officers by prohibitting the publication of their home address or phone number without express consent. This limits the ability to petition government officials and unreasonably restricts free speech.
SB485Relating to use or presentation of firearm during commission of felonyOpposeThis bill would expand the sentence enhancement for a firearm during a felony to any posession. This has the possibility of dramatically increasing sentences.
SB496Relating to punishment for second or third degree felonyOpposeThis bill expands a sentencing enhancement provision by allowing the enhancement for "substantially similar" crimes. The ACLU opposes sentence enhancements.
SB500Prohibiting intimidation and retaliation against public officers and employees, jurors, and witnessesOpposeThis bill would remove language that limits the definition of intimidation or harassment of a law enforcement officer. This could result in significantly more convictions or criminal charges for protest and other First Amendment-protected activity.
SB509Removing requirement that determination of medical stability be found prior to admission to mental health facilityOpposeThis bill would remove the requirement that a person be found to be medically stable before they can be involuntarily committed. This is a basic protection to protect the health and safety of people subjected to involuntary commitment.
SB562Relating to juvenile competency proceedingsSupportThis bill provides certain procedures for determining the competency of a juvenile in a legal matter. It also provides procedural and other safeguards for juveniles in a competency matter and following a competency determination.
SB565Relating generally to electionsOpposeThis bill provides a variety of changes to elections. This includes run-off elections for judicial elections and ensuring that people who are confined can vote by absentee ballot. This bill does modify the automatic voter registration provision and the ACLU opposes so long as it implies affirmative action to register.
SB590Removing restriction preventing medical marijuana from being in edible formSupportThis bill would allow en edible form of medical cannabis. The ACLU supports the decriminalization of all drugs and would support this small step in this direction.
SB634Requiring training of certain officers for persons with autism spectrum disorderSupportThis bill would require the creation of a course for law enforcement and correctional officers that teaches approaches for interactions with individuals who are on the autism spectrum. The ACLU supports increased awareness and training. However, we also recognize that this is not a substitute from needing to avoid having law enforcement respond to mental health crises.
SB636Requiring certain history and civics courses be taught in schoolsSupportThis bill requires a more expanding civics course is part of the required courses. The ACLU supports encouraging civic knowledge and engagement.
SB657Forming Open and Robust University Minds ActSupportThis bill seeks to reassert certain free speech protections on college campuses. As amended in the Senate Judiciary committee the ACLU supports this bill.
SB658Requiring sheriff's departments to participate and utilize Handle With Care Program for trauma-inflicted childrenSupportThe Handle With Care Program is a cooperation between police and schools to help protect students who have recently experienced a trauma. This bill expands that program to sheriff offices. The ACLU supports this program.
SB660Providing for cooperation between law-enforcement agencies and military authoritiesNeutralThis bill authorizes local law enforcement to take a larger role in National Guard investigations. The ACLU will monitor this for concerns about militarization of police, due process, and civillian oversight of the military.
SB663Providing fee for processing of criminal bondsOpposeThis bill assesses a $25 court fee on the processing of bonds. Court fees are a way of shifting the costs of running our oppressive legal system onto the very people it victimizes. The ACLU opposes additional financial obligations placed on defendants.
SB674Clarifying that unpaid restitution does not preclude person from obtaining driver's licenseSupportThis bill expands on legislation from 2020 which ended the practice of suspending drivers' licenses for unpaid court fines and fees. This bill adds restitution to what can not be used to suspend a license. License suspension is not rationally connected to a person's ability to pay, and makes it less likely they will be able to pay outstanding debts and more likely to violate the law by driving on a suspended license.
SB702Relating to involuntary hospitalization, competency, and criminal responsibility of persons charged or convicted of certain crimesNeutralThis bill provides a substantial rewite to the code pertaining to competency hearings and involuntary committment for people waiting to stand trial. There are significant civil liberties implicated and the ACLU will continue to follow this bill to ensure that the rights of the accused and people with mental health conditions are protected.
SB711Relating to school aid formula and minimum student enrollmentSupportThis bill sets a floor on the school enrollment used to calculate the state's financial contribution to the school. By setting a floor, this is a set to ensuring the state meets it's consitutional obligations to providing education.
SB713Relating generally to inmate good timeOpposeThis bill modifies how inmates receive good time credit. Notably it excludes certain inmates from receiving good time credit and denies good time to inmates who are serving for a parole violation.
SJR4Incorporation of Churches or Religious Denominations AmendmentSupportThis proposed amendment overturns an outdated law that denies mosques, synagogues, temples, and churches the same legal protections as secular entities. The ACLU views this prohibition as a violation of the Free Exercise Clause and supports removing it.
SJR10Limiting the Terms of Members of the House of Delegates AmendmentOpposeThis proposed amendment would implement term limits for WV legislators. The ACLU opposes legislative term limits because they deny voters the opportunity to choose popular candidates. Term limits also decrease the experience and expertise of legislative bodies.
SJR11Constitutional Officer Term Limit AmendmentOpposeThe ACLU opposes the use of term-limits.
HB2698Making it illegal to discriminate based on hair texture or hair styleSupportThis bill clarifies that employment decisions based on hair-styles or textures associated with race constitute racial discrimination.
HB2947Regarding recording of police interrogationsSupportThis bill requires police interrogations to be recorded. This can help to protect people charged with crimes from abuse or misinformation that sometimes occurs during interrogations.
HB2017Rewriting the Criminal CodeOpposeBold reforms in our sentencing laws are needed. However, this bill will result in longer sentences for many common criminal charges and worsen mass incarcersation.
HB2020Relating to the West Virginia Employment Law Worker Classification ActNeutralThis bill reclassifies more workers as independent contractors. A provision in the bill preempts local human rights ordinances which may extend protections to LGBTQ workers. The ACLU will monitor this to ensure it does not subvert these nondiscrimination ordinances.
HB2023Relating generally to West Virginia Appellate Reorganization Act of 2021OpposeWhile the ACLU broadly supports additional layers of oversight to ensure a fair judicial process, this court specifically excudes jurisdiction over criminal matters. In this form, the ACLU opposes this bill.
HB2039Expunging records of unsubstantiated complaints made by the Department of Health and Human Resources against teachersSupportThis bill expunges the records of teachers after 3 years if complaints against them are unsubstantiated. This is a due process protection.
HB2051Allowing workers' compensation benefits for first responders diagnosed with post-traumatic stress disorderSupportThis bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
HB2054Requiring parents or guardians to participate in programs for juveniles in an out-of-home placementOpposeThis bill requires parents and guardians to particpaite in court-ordered programs when a juvenile is put in an out-of-home placement. The intent of this bill is good - more services need to be focused on families, and not only juveniles put in placement. However, courts already have the authority to order parents to particpate in programs making the legislation redundant. Additionally, requirements of this nature are likely to result in additional charges for the parents, compounding the problem it seeks to address.
HB2056Changing the beginning time for beer and wine sales on Sunday from one p.m. to 10 a.m.SupportBans on alcohol sales on Sundays are an example of "Blue Laws" or laws are based on proscriptions based on a single religous beliefs and therefore are suspect under the Establishment Clause. The ACLU supports ending Blue Laws.
HB2060Reducing the criminal penalty for possession of small amounts of marijuana or paraphernaliaSupportThis bill provides modest reforms to cannabis prohibition by limiting penalties for simple posession to $500 or no more than 72 hours of incarceration. The ACLU advocates for a complete end to the costly and racist War on Drugs and will support any proposals that move in that direction.
HB2062Creating a Small Business and Minority Populations Economic and Workforce Development TaskforceSupportThis bill creates a task force to address persisting disparities in employment and entrepreneurship in West Virginia. The ACLU strongly supports proactive steps to finally end the legacy of slavery and racism.
HB2064Biometric Information Privacy ActSupportThis bill provides for certain procedures to be to taken to safeguard biometric information. It also requires more transparency to consumers about the uses and safeguard measures. The ACLU supports efforts to protect personal information.
HB2066Providing school days for registering eligible students to vote and to provide transportation to voting placesSupportThis bill expands voting opportunities, specifically for students. The ACLU supports efforts to make voting easier and more accessible.
HB2067Relating to designation of social workers in the Department of Health and Human ServicesSupportThis bill would create a list of social workers through DHHR who are available to help at-risk students in schools. This is a proactive step that would reduce the school-to-prison pipeline.
HB2068Establishing a special memorial day to be known as Juneteenth honoring human rights and the end of slavery in the United StatesSupportThis bill would formally recognize Juneteenth in West Virginia.
HB2070Relating to mandatory drug testing for state legislators and teachersOpposeThis bill would mandate drug testing for legislators and teachers. The ACLU opposes suspicion-less drug testing as an invasion of privacy.
HB2071Eliminating the requirement that schools be closed on election daysOpposeRemoving the requirement that schools close on election day makes it more difficult for students and teachers to vote and may make it harder to access polling places that are in or near schools.
HB2073Making it a felony to knowingly expose another individual to HIVOpposeThis legislation increases the stigma of HIV and contributes to mass incarceration.
HB2078Nondiscrimination in Involuntary Denial of Treatment ActSupportThis bill requires medical providers to follow the advanced directives or directives of patient advocates to provide life sustaining care even regardless of age, or disability status of the patient. The ACLU belives that medical care should not be rationed based on disability status and that people should have autonomy over their body.
HB2079Providing equitable distribution to county boards of education of reimbursement costs of special needs studentsNeutralThis bill will change the funding mechanism for schools for students with special needs. The ACLU will monitor this legislation to ensure it provides more funding for these students.
HB2086Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service.OpposeThis bill would require all parolees or probationers with a history of substance abuse to attend a substance abuse support service. While we support the expansion of services that can help reentry, this bill is problematic. For people who do not have an active addiction it is an unnecessary step. A lack of services like this will also unnecessarily delay release for some people contributing to overcrowding.
HB2091Creating a process by which voters may recall a county ordinance in a special electionOpposeThis bill requires a special election to recall any ordinance with a petition of 15% of the voters. While the ACLU supports efforts to expand the democratic process, this bill does the opposite. Municipalities will be required to hold costly elections for any legislation that isn't supported by 85% of the voters.
HB2099Redistricting of the Senate into 16 two-member senatorial districts and redistricting the House into 96 single member districtsNeutralThis bill would change the apportionment of state representatives. The ACLU will monitor this to ensure any changes ensure fair representation.
HB2104Relating to compensation paid to landowners when interest in property taken by eminent domain is for a nongovernmental entitySupportThis bill requires double compensation when takings under Eminent Domain are for private use. The ACLU opposes takings, and supports any steps to disincentivze them.
HB2107West Virginia Native American Tribes Unique Recognition, Authentication and Listing ActSupportThe ACLU supports recognition of indingenous people and expanded opportunities for those communities. The ACLU does not take a position on which groups or tribes should get recognition.
HB2112Prohibiting provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil actionSupportThis bill prohibits nondisclosure of information relating to sexual misconduct in suits that result in settlement agreements. This can help to expose repeat sexual harassers.
HB2114Prohibiting civil rights violations based on disability, gender identity or sexual orientationSupportThis bill clarifies that people can be charged with a hate crime for crimes based on sexuality or gender identity. While this does provide important protections to people who are often targets for violence, the ACLU typically opposes expanding aggravating factors as contributing to mass incarceration. This bill addresses this, by specifically recommending community corretions programs be utilized.
HB2118Providing school days to register and transport eligible students to voteSupportThis bill requires every county board of education to dedicate a school day to allow students to vote and to provide trasnportation for voting. The encourages participation in the democratic process and procides access to voting.
HB2119Relating to electioneering or distributing literature at early voting locationsSupportThe bill standardizes the electioneering rules for the regular and early voting periods, ensuring free spech is protected and there is greater predictability in the law.
HB2120Ensuring health insurance coverage for residents with preexisting conditionsSupportAlthough the Affordable Care Act already prohibits insurers from denying coverage for preexisting conditions, this bill provides a further layer of protection for people with long-term and chronic medical conditions.
HB2121Katherine Johnson and Dorothy Vaughan Fair Pay Act of 2020SupportThis bill prevents employers from prohibitting employees from discussing their wages. These types of prohbitions have been linked to disparities in pay by race and gender.
HB2122Implementing The Agreement Among the States to Elect the President and Vice President by National Popular VoteSupportThis bill would be an agreement among states to base electors in the Presidential election based on the outcome of the national popular vote. This movement is supported by the ACLU as being more democratic.
HB2128Family Protection ActSupportThis bill would provide three months of paid leave for certain county employees.
HB2135Providing that political party caucus meetings are not exempt from open proceedings requirementsNeutralThis bill requires that political caucus meetings must be open to the public. Caucuses are not governmental decision-making bodies, however, a significant amount of de facto decision making occures in closed caucuses. The ACLU will monitor this legislation as it progresses.
HB2141Relating to participation in school sportsOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
HB2147Providing that the Division of Motor Vehicles identification cards be issued at no costSupportThis bill removes the fee for the DMV to provide identification cards. Lack of identification can be a barrier to housing, employment, transportation and other basic services. Lack of ID disporportionately hurts marginalizied communities and formerly incarcerated persons. Fees can create a barrier to getting an ID. The ACLU supports removing this barrier.
HB2156Relating generally to the payment of salary or wages under the Parental Leave ActSupportThis bill provides for paid family leave which the ACLU supports.
HB2164Requiring certain municipalities to pay for the incarceration of inmatesOpposeThis bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
HB2169Life at Conception Act of 2021OpposeThis bill would extend constitutional rights to fetuses. Nothwithstanding other practial considerations, this would severely limit access to a variety of reproductive healthcare options.
HB2171Vulnerable Child Protection ActOpposeThis bill prohibits evidence-based gender-affirming therapy for transgender and gender-questioning youth. This is not only discriminatory but ignores evidence that proper medical care at and before adolecence greatly imporves outcomes for these individuals.
HB2177Permitting the issuance of a state issued identification card without a photo on the card under certain conditionsSupportThis bill allows people to get a state issued ID card without a photo when they have a religious belief against having their picture taken. The ACLU supports this inclusion of religious freedom.
HB2178Facilitating Business Rapid Response to State Declared Disasters Act of 2021NeutralThis bill provides an advantage to out of state businesses. The Supreme Court has held that the dormant commerce clause says states cannot disadvantage out of state businesses. The ACLU will follow this and monitor for related issues.
HB2181Allowing a personal income tax deduction for a stillborn childOpposeThis bill extends the legal fiction that a fetus is a full person, which then is used to justify additional restrictions on abortions. It also adds to the stigma of abortion by disqualifying all abortions, including those that may have been for medical reasons.
HB2182Relating to the Ryan Brown FundSupportThis bill allows for funds from drug settlements to go the Ryan Brown fund for addiction recovery, it allows that fund to be used for neonatal abstinence syndrome, and it requires funded programs to be peer-reviewed best practices.
HB2184Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drugOpposeThis bill increases criminal penalties if police, firefighters, EMTs, or other first responders are exposed to drugs. The ACLU opposes increasing criminal penalties.
HB2185State Settlement and Recovered Funds Accountability ActSupportThis bill requires greater transparency for the use of funds that the state recieves through litigation and settlement. The ACLU supports government transparency.
HB2194Establishing the Minority Health Advisory TeamSupportThis bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
HB2198Prohibiting employees of the state who have convictions for driving under the influence from driving or operating state owned vehicleOpposeThis bill creates additional burdens to reentry. If the state gives you a licence to drive, then the state should be able to hire you to drive.
HB2201Repealing the section of code relating to unlawful military organizationsOpposeMilitias are banned under federal law and the West Virginia Constitution.
HB2202Creating the West Virginia Intrastate Commerce Improvement ActOpposeThe bill would invalidate municipal ordinances extending non-discrimination protection to LGBTQ individuals.
HB2215Allowing a group of affiliated voters to become a recognized political party under certain criteriaSupportThis bill makes it easier for groups to be recognized as a political party in West Virginia. The ACLU supports efforts to ensure people have a right to associate and expansions of democracy.
HB2218Creating an enhanced penalty for certain aggravated serious traffic offensesOpposeThis bill would create enhanced penalties for certain traffic offences if a minor was involved. The ACLU opposes sentence enhancements.
HB2230The Healthy and Safe Workplace ActNeutralThis bill creates a cause of action for workplace harassment and bullying. There is a need to provide protections for women, minorities, and others who may face harassment. At the same time, there are free speech questions. The ACLU will monitor the progress of this bill.
HB2231Prohibiting confidential settlement terms of a contested case involving sexual harassment, sexual abuse, or sexual assault in a state administrative proceedingSupportThis bill prohibits nondisclosure of information relating to sexual misconduct in suits that result in settlement agreements. This can help to expose repeat sexual harassers.
HB2232Providing a process by which a city may hold an election to recall an ordinanceOpposeThis bill requires a special election to recall any ordinance with a petition of 15% of the voters. While the ACLU supports efforts to expand the democratic process, this bill does the opposite. Municipalities will be required to hold costly elections for any legislation that isn't supported by 85% of the voters.
HB2235Relating to net neutrality for state governmentSupportThe ACLU supports net neutrality.
HB2236Relating to unlawful panhandling and solicitationOpposeThis bill is is in direct violation of free speech protections and exaccerbates the criminalization of poverty. For these reasons, the ACLU opposes this.
HB2238Granting tax credits for parents and legal guardians whose children are in a home schooling program or private schoolOpposeThis bill creates an "education tax credit" program. Education tax credits are vouchers by another name. They draw money away from public education and towards religious institutions.
HB2239Restricting the performance of abortions and acquiring, providing, receiving, otherwise transferring, or using fetal body partsOpposeThe ACLU supports the full range of reproductive rights and opposes efforts to limit access to reproductive healthcare. This bill significantly limits access to abortion through a ban once a so-called "fetal heartbeat" is detected, limits what medical emergencies would qualify for an abortion, and spreads dangerous myths about abortions.
HB2248Prohibiting payroll deductions to electioneering organizationsOpposeThis bill prohibits any government entity from making deductions that go to organizations that engage in electioneering. This is designed to make it more difficult for public sector unions to collect fees and dues. The ACLU supports the rights of organized labor, including in the public sector and opposes this bill.
HB2258Establishing an intravenous drug user treatment and commitment processOpposeThis bill would allow for the involuntary committment of suspected intravenous drug users. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB2269Creating a state-wide email address directorySupportThis bill would require a publically accessible directory of e-mail addresses for state employees. This would make it easeier for people to contact government agents and increase governmental transparancy.
HB2270Transferring the Office of Medical Cannabis to the Department of AgricultureNeutralThis bill puts the office of Medical Cannabis under the Department of Agriculture. The ACLU will monitor this for any attempts to subvert or roll back the state's medical cannabis laws.
HB2273Dividing pretrial detention jail costs between arresting authoritiesOpposeThis bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
HB2277Establishing an intravenous drug user treatment and commitment processOpposeThis bill would allow for the involuntary committment of suspected intravenous drug users. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB2280Involuntary drug and alcohol treatmentOpposeThis bill would allow for the involuntary committment for people with various forms of substance abuse. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB2285Relating to Capitol Complex Security AccessOpposeThis bill allows people to pay to get an acess card to circumvent security at the West Virginia Capitol. This would give greater access to lobbyists and monied interests.
HB2291Relating to legalizing cannabis production, sales and adult consumptionSupportThis bill would provide for the legalization and regulation of cannabis in West Virginia. The ACLU supports the end of drug prohibition laws.
HB2305Creating a tax credit for hiring an ex-felonSupportThis bill creates a tax credit for employers who hire former felons who had their records expunged. The ACLU supports efforts to help reentry.
HB2306Relating to governmental websitesSupportThis bill requires municipalities to maintain a website with a list of ordinances, elected officers and contact information for city officials. The ACLU supports efforts to make civic participation and engagment easier.
HB2310Relating to death penalty for first degree murderOpposeThe ACLU opposes the death penalty.
HB2320Relating to mandatory drug testing of all classes of employees in K through 12 schoolsOpposeThis bill would require drug testing of all school employees. The ACLU opposes suspicion-less drug testing.
HB2321Education Savings Account ActOpposeThe ACLU opposes education savings accountes because they reduce public education funding and can result in public funds being used to fund educational institutions that discriminate.
HB2328Relating to criminal trespassOpposeThis bill removes the caps on fines for criminal trespass. A provision that exempts first amendment activity is ineffective because trespass is a violation of first amendment protected activity.
HB2337Requiring medical insurance providers to include infertility services in their policiesSupportThis bill would require insurance providers to cover fertility services. These services are part of reproductive healthcare and the ACLU supports efforts to expand access.
HB2339Applying a stiffer penalty than simple assault or battery for assaults on officials at sporting eventsOpposeThis bill adds harsher penalties for an assault on an athletic official in certain aggravating circumstances. The ACLU opposes the use of sentence enhancements.
HB2346Relating to the Medical Cannabis ActSupportThis bill expands what medical conditions are eligible for medical cannabis, provides protections for residents of other states with a valid medical card, and makes other positive changes to the medical cannabis law.
HB2353Establishing a tax credit for families who suffer the loss of a stillborn childNeutralSimilar to HB 2181, this bill provides a tax incentive for stillbirth. However, this bill does not have the same problematic language. The ACLU will monitor this bill for changes that would make it problematic.
HB2356Relating to the use of medical cannabisSupportThis bill expands the WV Medical Cannabis Act by expanding persmissible forms of consumption. The ACLU supports the full decriminalization and legalization of cannabis and any efforts to move in that direction.
HB2357Requiring all schools to instruct students on the Holocaust and other genocidesSupportThis bill would require schools to teach about the Holocaust and other genocides. The ACLU supports historically accurate educations that illustrate the harms that marginalized communities have faced.
HB2360Increase criminal penalty for killing police/corrections officer in the line of duty.OpposeThis bill would stipulate that all intentional killing of police or correctional officers are first degree murders. This would also stipulate that people convicted of this crime are not eligible for parole. The ACLU opposes sentence enhancements.
HB2365Relating to accessories to a crimeOpposeThis bill removes exceptions for acesssory after the fact for certain familial relations. The ACLU opposes on the grounds of creating more criminal liability.
HB2376Allow concealed carry on and in capitol groundsOpposeThis bill would allow firearms on Capitol Grounds. This property is often used for public demonstrations, and allowing firearms can having a chilling effect on free speech.
HB2377Apply death penalty for first degree murder of law enforcement officer or first responderOpposeThis bill would reinstitute the dealth penalty for first degree murder with aggravating circumstances. The ACLU opposes the death penalty.
HB2378Providing enhanced criminal penalties for offenses committed against law-enforcement officers or first respondersOpposeThis bill creates sentence enhancements for any criminal activity against a police officer. The ACLU opposes sentence enhancements. Police officers are not a protected class
HB2380Banning convicted sex offenders from driving taxis, ride share, limousines, and busesOpposeThis bill prohibits sex offenders from operating certain jobs. The ACLU opposes the use of registries. The sex offender registry in particular is overused, and prohibitions should be based on individual assessments, not treating people as a class.
HB2485Public Participation Protection ActSupportThis bill is aimed at providing recourse for lawsuits that are designed to frusturate or intimidate parties speaking out on matters of public importance. This type of litigation, known as strategic litigation against public participation allows parties with money to weaponize the legal system to limit first amendment activity. The ACLU supports this step to protect free speech.
HB2487Creating a Campus Mentors pilot programSupportThis bill would create a pilot program to link at-risk highschool students with mentors from local institutions of higher learning. The ACLU supports innovative ways to help at risk youth without reliance on the disciplinary or juvenile justice system.
HB2492Increasing the penalty for DUI causing death when a child is presentOpposeThis bill enhances the penalty for a DUI resulting in death if a child was present in the vehicle at the time of the accident. The ACLU opposes setence enhancements.
HB2501Suspend School Aid Funding Formula implementation until budget year 2024OpposeThis bill would freeze school aid at the 2020-21 level. The West Virginia Constitution requires schools to be adaquately funded, and the ACLU will oppose any legislation which could jeapordize that requirement.
HB2504Create a work/incarceration prison pilot programNeutralThis bill would create a pilot program to allow counties to establish a correctional institution where inmates can work and reduce their sentences by 20%.
HB2509Make appointment process for Congressional seats the same as that for the US SenateSupportThis bill creates a uniform process for appointements to the US House of Representatives and to the US Congress. The ACLU supports a more uniform and transparent process.
HB2517Removing marijuana as a tested substance from the screening requirementsSupportThis bill would remove cannabis as a substance to test for under the WV Alcohol and Drug Free Workplace Act. The ACLU opposes suspicion-less drug testing and drug prohibition and supports steps that move away from this.
HB2520Requiring the Human Rights Commission, when investigating a complaint of discrimination, to specifically include an examination of the intent of the personOpposeThis bill would add an intent requirement to dscriminatory acts under the Human Rights Act. This would making it harder to prove discrimination, frusturating the purpose of the Human RIghts Act.
HB2525Requiring all local special elections to be held on the days and hours of general, primary or state-wide electionsSupportThis bill would require local special elections to be held on the same days as state-wide elections. The ACLU supports this change as it encourages democratic participation.
HB2527Requiring bail bondsman and bail bond enforcer subject to random drug testingOpposeThe ACLU opposes suspicionless drug testing.
HB2534Authorizing possession and smoking of medical cannabis by approved personsSupportThis bill would allow certain people to consume smokable medical cannabis. The ACLU opposes the scheme of drug prohibition and supports steps to move away from prohibition.
HB2538Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights ActSupportThis bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
HB2542Relating to wages of persons with disabilitiesSupportThis bill promotes the employment and fair wages for West Virginians with disabilities. The ACLU supports this effort to promote autonomy and dignity for people with disabilities.
HB2543Relating to calculation of the school aid formula based on net enrollmentSupportThis bill changes the school aid formula to provide funding based on the maximum enrollment. This would increase funding for schools and help scools meet the constitutional requirements for providing an educational system.
HB2545West Virginia Religious Freedom Restoration ActOpposeWhile claiming to promote religious freedom, this bill changes the balance between religious freedom and equal protection to allow businesses to dicriminate under the guise of religious beliefs.
HB2546Relating to education to children and adults housed in correctional facilities and regional jailsSupportThis bill modifies the requirements to provide education for people in the correctional system. It removes a stipulation that the requirements were contigent on funds being available. By removing this stipulation, the requirement stands regardless. The ACLU supports steps that promote rehabilitation and reentry.
HB2549Creating the Independent Redistricting Commission of the Joint Committee on Government and FinanceSupportThis bill would create an independent redistricting commission as part of the redistricting process. The ACLU supports independent redistricing and removing political influence from the drawing of political districts.
HB2550Relating to the cultivation of medical cannabisSupportThis bill would allow for medical cannabis to be dispensed as a dry leaf or plant and allow people with a medical cannabis prescription to grow plants at home. The ACLU supports moving away from the prohibition of cannabis.
HB2552Removing the one-time limit on the expungement of certain criminal convictionsSupportThis bill would be to allow people to avail themselves of the expungement process more than once. The ACLU supports efforts that ease reentry.
HB2553Relating to the juvenile justice reform oversight committeeSupportThis bill would all the Juvenile Justice Reform Oversight Committee to allocate cost savings from juvenile justice reforms into an account to finance additional reforms.
HB2555Relating to required courses of instructionSupportThis bill requires a more thorough study of certain foundational documents. The ACLU supports efforts that promote civic education.
HB2557Increasing access to contraceptive drugs, devices, and proceduresSupportThis bill provides easier acces to contraceptives and voluntary sterlization procedures through allowing access to a 12-month supply, encouraging insurance coverage, and removing other barriers. The ACLU supports access to reproductive healthcare.
HB2558Creating a domestic violence registryOpposeThis bill creates a registry for domestic violence. The ACLU opposes the use of registries.
HB2559Prohibiting the private ownership or operation of a prisonSupportThis bill prohibits private prisons in West Virginia. The ACLU opposes private prisons and supports this prohibition.
HB2560Requiring the Public Employees Agency and other health insurance providers to provide mental health paritySupportThis bill requires the PEIA insurance program to cover mental health services. The ACLU supports efforts to increase access to healthcare.
HB2563Requiring certain municipalities to pay for the incarceration of inmatesOpposeThis bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
HB2564Requiring free feminine hygiene products in grades 6 through 12SupportThis bill requires schools to provide feminine hygiene products to students in grades 6 - 12. For students who cannot afford or do not have access to these products it can negatively affect attendance and school performance. The ACLU supports making these more accessible.
HB2572Requiring elections to increase levies have to coincide with a primary or a general electionSupportThis bill requires elections for levy increases to be held at the same time as primary or general elections. This would likely increase democratic participation, which the ACLU supports.
HB2574Prohibit employers from requiring employees and prospective employees to have devices implanted or otherwise incorporated into their bodies as a condition of employmentSupportThis bill prohibits the implantation, ingestion, or consumption of any medical device as a condition of employment. The ACLU supports the right to bodily autonomy and unnecessary monitoring that can occur with devices such as these.
HB2578Create the Multi-Door Courthouse ActOpposeThis bill allows expanded use of alternative dispute resolution (ADR). ADR can be a useful tool to find alternative means to settle dispute. However, this bill creates power disparities that could coerce parties into ADR. It does not set standards for arbitrators or mediators and it promotes confidentiality that can keep information of public importance from public records.
HB2585Relating generally to forfeiture of contrabandSupportThis bill would end the process of civil asset forfeiture and replace it with a process of criminal forfeiture where property could only be forfeitted after a criminal conviction. The ACLU opposes the practice of civil asset forfeiture and supports this reform.
HB2587Relating to drug testing of legislatorsOpposeThe ACLU opposes suspicionless drug testing.
HB2591Allowing drug courts to establish their own process for accrediting community drug recovery programs in certain casesNeutralThis bill allows local drug courts to establish rules to accredit drug recovery programs. The ACLU wants to ensure a sufficient number and variety of models to provide an adaquate alternative to incarceration, and to facilitate reentry. Accreditation rules should be evidence based and designed to ensure that programs are run properly and do not engage of abuse or exploitation of clients.
HB2594Creating the Unborn Infants Wrongful Death ActOpposeThis bill redefines a fetus as a person and allows for a cuase of action for harm to the fetus. These laws are largely used to perpetuate a legal myth of fetal personhood. They can create situations that infringe on the right of pregnant people and even put them in legal peril.
HB2602Require special elections to be held same day as primary or general electionSupportThis bill requires all special elections to be held at the same time as primary or general elections. This would likely increase democratic participation, which the ACLU supports.
HB2607Require all registered voters to produce a photo ID to vote in all public office electionsOpposeThis bill would require voters to present a photo ID to vote. Photo ID requirements do not improve the integrity of elections and can lead to the disenfranchisement of voters, particularly from economically disadvantaged communities.
HB2609Establish quick response teams to work with drug users who are arrestedOpposeThis bill would create quick response teams to respond to, and follow-up with narcotic-related medical emergencies. The ACLU supports moving away from a law-enforcement-based response to substance abuse, and to expanding options for substance abuse disorder treatment, so long as those programs are not compulsory. However, this bill still contemplates that such emergencies will result in arrest, which the ACLU opposes.
HB2611Establishing the Minority Health Advisory TeamSupportThis bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
HB2615Relating to the program for drug screening of applicants for cash assistanceOpposeThe bill would extend the 3 year pilot program to drug test TANF recipients to allow the program to continue. The ACLU opposes suspicionless drug testing.
HB2617An Act to Establish a Cap on Government Red TapeOpposeThis bill presents a variety of changes to the creation and implementation of regulatory rules. The practical effect would be to frusturate all administrative rule making. In general the ACLU supports more decisions by elected representatives. However, this legislation goes too far in limiting the role of administrative agencies and would hurt good governance.
HB2625Permitting election day registration of votersSupportThis bill allows voters to register and vote on election day. The ACLU supports same-day registration as an important and common sense reform to make our democracy more accessible.
HB2638Granting full time employees of county boards of education three months of paid leave following the birth of a childSupportThis bill would provide 3 months of paid leave for certain county employees. This is a limited form of paid family leave, which the ACLU supports.
HB2640Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative rolesSupportThis bill would provide a tax credit to businesses who take affirmative steps to reduce and address lingering inequities in employment. The ACLU supports these proactive steps.
HB2642Reentry Task ForceSupportThis bill would create a special task force to study and advice on reentry after incarceration. It would set aside funds for reentry programs. The ACLU supports addressing the collateral consequences of incarceration.
HB2643Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her propertyOpposeThis bill creates a misdemeanor offense for allowing a drug felony to occur on your property. This bill is an expansion of the war on drugs unnecessarily making more people criminally liable. The ACLU opposes this.
HB2650Establishing a pilot program to develop school-based mental and behavioral health servicesSupportThis bill would create a pilot programing combinging school-based health with school-based diversion practices. The ACLU supports this effort to divert youth out of the school-to-prison pipeline.
HB2651Creating a pilot program for expansion of school-based mental health and school-based diversionSupportThis bill would create a pilot programing combinging school-based health with school-based diversion practices. The ACLU supports this effort to divert youth out of the school-to-prison pipeline.
HB2655Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientationAmendments NeededThis bill clarifies that political speech is protected for students and teachers. The ACLU supports the pr
HB2665Be Exceptional Starting Today ActSupportThis bill would legalize and regulate cannabis. The ACLU suppors the legalization of cannabis.
HB2666Clarifying who may absentee voteOpposeThis bill would clarify that no other people than described by code currently could vote by absentee ballot and would add criminal penalties on for people attempting to. The ACLU supports the expansion of absentee voting and opposes this bill.
HB2676Relating to participation in athletic events exclusively for males and femalesOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
HB2678Providing for a limitation on when a hearing or trial may be deemed finally adjudicated when relevant forensic scientific evidence was not able to be presented at the time of trialSupportThis bill clarifies that certain foresnsic evidence can be used to challenge a finding of criminal liability in certain circumstanes. The ALU supports this protection against false convictions.
HB2689Granting convicted criminals the right to a retrial if scientific methods used to convict are later determined to be outdated or falseSupportThis bill clarifies that certain foresnsic evidence can be used to challenge a finding of criminal liability in certain circumstanes. The ALU supports this protection against false convictions.
HB2690To provide that out of school suspensions be considered "excused" absencesSupportTreating suspensions as unexcused absences sets youth up to trigger truancy laws. This bill clarifies that students can not face legal consequences for suspensions.
HB2692To allow for coverage of addiction telehealth services to out-of-state providersSupportThis bill allows insurance providers to cover telehealth services for addiction care. The ACLU supports access to recovery for people who want to access it.
HB2693Eliminating the Human Rights CommissionOpposeThis bill would eliminate the WV Human Rights Commission and send all further human rights complaints to the EEOC or to local courts. The Human Rights Commission has special training and knowledge of civil rights violations and can offer remedies that are rarely used by courts. The ACLU opposes eliminating this body dedicated to protecting civil rights.
HB2697Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing ActSupportThis bill would add protections against discrimination based on sexual orientation or gender identity. The ACLU supports these much-needed protections.
HB2702To require all public high school students to complete and submit a free application for federal student aid (FAFSA) prior to graduationNeutralThis bill requires all high school students to complete a FASFA application prior to graduation. The bill was amended to excude people who are not eligible for federal loans. The ACLU had no concerns with the bill with that amednment included.
HB2716West Virginia Public Participation Protection ActSupportThis bill is aimed at providing recourse for lawsuits that are designed to frusturate or intimidate parties speaking out on matters of public importance. This type of litigation, known as strategic litigation against public participation allows parties with money to weaponize the legal system to limit first amendment activity. The ACLU supports this step to protect free speech.
HB2734Require all athletes to perform in sport of the sex they were bornOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
HB2738Bias Motivated Intimidation of Responders Prosecution ActOpposeThis bill creates a civil action for civil rights violations based on action as a first responder. This is a perversion of civil rights protections, chills free speech around important issues, and perpetuates a myth of bias towards first responders instead of addressing systemic issues.
HB2752Prohibiting discrimination in access to organ transplants based on physical or mental disabilitySupportThis bill ensures that people have access to organ transplants regardless of mental or physical disabilities. The ACLU opposes rationing medical care based on disability status and therefore supports this legislation.
HB2762Exempt from this article any actions arising from the practice of elective abortion or elective abortion relates servicesOpposeThis bill would prohibit medical liability for abortion care. This is another barrier to abortion which the ACLU opposes.
HB2766Creating a felony crime relating to drug delivery resulting in deathOpposeThis bill would create a felony with a 3-year sentence for delivery of controlled substances that result in death. This is already a crime and will only exaccerbate mass incarceration.
HB2767Creating a law-enforcement transparency boardSupportThis bill would create a board to investigate incidents of police misconduct and make recommendations for discipline. The ACLU supports increased transparency and accountability for law enforcement.
HB2795Relating to criminal justice training regarding autistic personsSupportThis bill would require the creation of a course for law enforcement and correctional officers that teaches approaches for interactions with individuals who are on the autism spectrum. The ACLU supports increased awareness and training. However, we also recognize that this is not a substitute from needing to avoid having law enforcement respond to mental health crises.
HB2814Election Security, Access, and Modernization Act of 2021SupportThis bill would allow for no excuse absetnee voting, remove the provision allowing voters to be cancelled for not voting, expand early voting, in addition to other election reforms. These reforms would increase the ability to vote, which the ACLU supports.
HB2820Relating to oversight of syringe exchange programs by the Department of Health and Human ResourcesOpposeThis bill would put restrictions on syringe-exchange harm reduction programs. Many of the restrictions would make it difficult to operate a syringe exchange program, and contradict evidence-based best-practices.
HB2826Define hate crime and make a felonyAmendments NeededThis bill expands the hate crime code to crimes motivated by sexual orientation. While the ACLU supports expanding protections for LGBTQ individuals, we have concerns about creating new crimes.
HB2832Protecting political ideas and speech in the hiring process at schools and universitiesSupportThis bill clarifies that political speech is protected for students and teachers. The ACLU supports the the protection of free speech.
HB2835Requiring the construction, development, acquisition or other establishment of an alcohol or drug treatment facility and drug and alcohol treatment services to obtain a certificate of needOpposeThis bill would require certain rehabilitation facilities to obtain a certificate of need before being developed. Currently WV has a shortage of spots for people looking to enter recovery, and the ACLU opposes barriers to these programs.
HB2839Establish Recovery Can't Wait ProgramSupportThis bill would facilitate distribution of naloxone, establish certain medication-assisted treatment recovery centers, and provide for mental health counselors in schools. The ACLU supports community-based alternatives to helping people who wish to recover from substance abuse disorder outside of the criminal legal system.
HB2841Campaign Finance ReformNeutralThis bill would require the disclosure of contiruters to PACs, candidates and candidate campaigns. It woudl also limit self-loans. The ACLU does have concerns about the right to anonymous political activity and will monitor this legislation to ensure that disclosure laws and rules regarding expenditures do not conflict with the right to political speech.
HB2843Require medical malpractice insurers to establish a separate insurance pool for doctors who conduct abortionsOpposeThis bill would require medical malpractice provders to create a separate pool for abortion providers. This is aimed at making more difficult for providers to get necessary insurance coverage. The ACLU opposes legislation designed to limit access to abortion.
HB2845Stop Social Media Censorship ActOpposeThis bill would allow a social media site to be civilly liable if the moderate or censor certain content. While the ACLU recognizes the importance of social media, there are several problems with this legislation. Social media platforms are private and generally permitted to moderate the content. This is also preempted by federal law.
HB2849Repeal Right-to-Work legislationSupportThe ACLU supports the rights of collective bargaining and opposes West Virginia's Right to Work legislation.
HB2850Establish a Corporate Crime division in the State PoliceOpposeThis bill would create a special division within the WV State Police to investigate corporate crime. While there are disparities in the enforcement of laws against corporate actors versus poor and marginalized communities, the ACLU is opposed to further expanding the police state. Additional, experience has shown that this agency will still wind up likely targeting poor and minority communities.
HB2859Relating to reasonable force in defense of self, real and personal propertyOpposeThis bill is an extreme version of of stand your ground laws, which the ACLU opposes because of the disporportionate effect it has on people of color. This bill would make the use of force entirely subjective and would severely limit the ability to hold people criminally or civially liable for use of force.
HB2864Remove felonies from reason to disqualify from votingSupportThis bill would expand voting to people who have left incarceration even if they are still on parole or probation. The ACLU supports expanding voting rights.
HB2865Create a Police Officer's Bill of RightsOpposeThis bill would modify existing procedures and protections for investigations of police misconduct including excsessive use of force. This bill would create even less civillian oversight add more protections, and provide for less transparency than current procedures. The ACLU supports holding police accountable for misconduct through public and transparent proceses.
HB2872Relating to statute of limitations for discriminationSupportThis bill expands the time that someone can file a discrimination claim and exands the employers who are bound by antidiscrimination laws. The ACLU supports greater protections against discrimination.
HB2878Establishing a task force to study and develop reparation proposals for African-AmericansSupportThis bill would create a task force to study the issue of federal reparations. The ACLU supports reparations.
HB2879Relating to anti-discrimination protections for independent contractorsSupportThis bill would expand non-discrimination protection to independent contractors. The ACLU supports ensuring that people cannot be discriminated against regardless of their employment status.
HB2904Relating to unlawfully using electronic communication devices while drivingOpposeThis bill creates additional criminal penalties for using an electronic device while driving and for any resulting injury or death. There are already crimes provisions in the criminal code that cover these situations and the ACLU opposes the creation of new crimes.
HB2912Relating to cannabis and cannabis product sales, growth, and consumption in this stateSupportThis bill would legalize and regulate cannabis. The ACLU suppors the legalization of cannabis.
HB2913Social Media Integrity and Anti-Corruption in Elections ActOpposeThis bill attempts to limit and regulate certain political speech and political censorship on social media. The bill contains a number of free-speech issues, including priror restraint.
HB2917Require anyone participating in high school or middle school sports to play per their biological birth genderOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
HB2919Protect privacy of those who store firearms in WVSupportThis bill prevents disclosure of storage of a firearm to law enforcement absent a judicial order in an active criminal investigation. The ACLU supports keeping information private.
HB2921Permitting anyone over 65 to vote absenteeSupportThis bill clarifies that anyone over 65 has is eligible for absentee voting. The ACLU supports expanding access to voting.
HB2925Relating to data disposal protectionSupportThis bill requires businesses to safely dispose of customer data when it is no longer being used. The ACLU supports legislation that helps to protect privacy and private information.
HB2926Relating to the Disconnection of Residential Utility during a State of EmergencySupportThis bill prevents public utilities from shutting off service during or immedeately after an emergency. This provides important safeguards that people can access basic services during a time when alternatives may not be safe or accessible due to government actions.
HB2928The purpose of this bill is to permit registered voters to vote an absentee ballot by mail in all circumstancesSupportThis bill would allow all people to request an absentee ballot without an excuse. The ACLU supports legislation that would expand access to the ballot.
HB2942Providing tax credits for hiring those in recovery for substance abuseSupportThis bill provides a financial incentive to hire people who are in substance abuse recovery. The ACLU supports initiatives that remove the stigma of substance use and promote recovery and hiring.
HB2944Providing for the registration of lobbyist internsSupportThis bill addresses a disparity that disincentivizes paying interns. The ACLU supports expanding access to these opportunities to people who may not be able to accept unpaid work.
HB2954Abortion permitted only in certain instancesOpposeThis bill would dramatically limit access to abortions by restricting where they can occur, and would add criminal penalties for women lying about the circumstances of their abortions. The ACLU opposes restrictions on abortion.
HB2961Provide protections for employees in legal employment disputes by providing that no employee can be required as a condition of employment to agree to mandatory arbitrationSupportThis bill prohibits employers from requiring arbitration in employment disputes as a condition of employment. Mandatory arbitration can deny the public important information and deny people the right to a jury trial.
HB2967Permitting certain felons to work in licensed behavioral health facilitiesSupportThis bill would let certain non-violent felons work in behavioral health facilities. The ACLU supports removing barriers to reentry after a criminal sentence.
HB2977Allow guns to be carried on capitol groundsOpposeThis bill would allow firearms on Capitol Grounds. This property is often used for public demonstrations, and allowing firearms can having a chilling effect on free speech.
HB2989Requiring local entities to enforce immigration lawsOpposeThis bill prohibits local governments from creating rules to limit local law enforcement from enforcing or cooperating with federal immigration enforcement. This limits local control and promotes a cruel discriminatory immigration system.
HB2996Creating the Independent Redistricting CommissionSupportThis bill creates an independent commission for creating new legislative districts. The ACLU supports nonpartisan district making and ending gerrymandering.
HB2998Relating to unlawful discriminatory practices covered by Human Rights Act and Fair Housing ActSupportThis bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
HB3003Relating to the definition of employer for sexual harassment purposesSupportThis bill would expand the statute of limitations for discriminatory practices and would expand protections to independent contractors. The ACLU supports measures to address discrimination.
HB3005Relating to law enforcement warrant for third party informationSupportThis bill would require law enforceent to get a warrant before getting information from certain telecommunication or computer services about customers or clients. The ACLU supports requiring warrants before the disclosure of such information.
HB3006Creating a homeless education coordinator for county schoolsSupportThis bill creates a homeless education coordinator to work with youth and families who are experiencing homlessness or housing insecurity. This can help to ensure that these youth recieve appropriate education, and services. Doing so can also reduce the liklihood of juvenile justive involvement.
HB3015Creating crime of "high in public"OpposeThis bill would make it a crime to be under the influence of controlled substances. This bill is poorly designed and would serve as cover for police to stop and search many people, particularly those with disabilities.
HB3018Providing for expungement of domestic violence pretrial diversionsSupportThis bill would allow people to expunge their record from domestic violence charges if they complete a pretrial diversion program. The ACLU supports measures that help people avoid collateral consequences of charges.
HB3019Creating the Campus Free Expression ActSupportThis bill reasserts certain First Amendment protections on college campuses.
HB3023Places of worship may not be shut down by state of emergencyOpposeThe ACLU strongly supports religious freedom. We have expressed concerns about overly broad emergency executive powers. However, this bill would prohibit the governor from ever shutting down a place of worship even when it is appropriate given the circumstances of an emergency. As such, this prohibition is too broad.
HB3024Prohibit abortions based on down syndromeOpposeThis bill would prohibit abortions on the basis of Down Syndrome. Currently people do not have to give a reason for an abortion, and it is not the government's place to try to determine why people elect to have medical procedures.
HB3027End qualified immunitySupportThis bill would end qualified immunity which protects the government from civil lawsuits. Qualified immunity often prevents people from seeking redgress for civil liberties violations, and the ACLU supports ending qualified immunity.
HB3031Authorizing civil damages for any person who was subject to an intentionally false report made to law enforcementSupportThis bill allows people to sue if someone calls the police to harass them or based on discriminatory reasons. This bill protects against the practice of "swatting" as well as to find remedies for people who use the police to engage in racial harassment. It does not add criminal penalties.
HB3032Prohibiting discrimination based on an individual's mental or physical disability in access to organ transplantationSupportThis bill prohibits using mental or physical disability to deny or reduce the priority for people to receive organ transplants. The ACLU opposes this type of discriminatory medical rationing and supports this legislation.
HB3033Youth Mental Health Protection ActSupportThis bill bans the practice of conversion therapy for LGBTQ youth. Conversion therapy has been proven to be ineffective and dangerous.
HB3039Exempting certain hygiene products from sales taxSupportThis bill exempts feminine hygiene products from sales tax. This is a gender-based tax. Many products aimed towards men are expemted from sales tax. The ACLU supports levelling the playing field.
HB3040Ensure the health, safety, and welfare of homeless citizens of this stateSupportThis bill prohibits any homeless shelter that accept state funds to deny shelter to a person for a lack of ID. There are barriers to IDs and the ACLU supports ensuring everyone has some form of shelter.
HB3043Relating to transport of persons accused of being mentally ill to mental health relating hearingsNeutralThis bill transfers the responsibility to transfer jail inmates facing a mental capacity hearing from the Sherriff to the Department of Corrections. The ACLU will monitor this legislation to ensure it does not create the risk of further infringements on the rights of the mentally ill and accused.
HB3063To provide a review and veto process of executive orders by the President.OpposeThis bill would provide a way for West Virginia to declare certain Presidential executive orders as unconstitutional or illegal. While the ACLU does have concerns about the growth of executive powers, this bill is in clear violation of the supremecy clause and is not the appropriate way to address these concerns.
HB3083To require a run-off election in certain circumstancesAmendments NeededThis bill would require a runoff election for the WV Supreme Court of appeals if no candidate recieves more than five percent of the vote. The ACLU supports concepts such as run-off elections that can expand choices for voters. However, the threshold to use this is very high and it only applies to one office.
HB3090Ban-the-Box ActSupportThis bill would prohibit public employers from asking about criminal history in employment applications. This can help to improve reentry.
HB3091Requiring Compliance with Generally Accepted Standards of CareSupportThis bill would require health insurance plans to provide coverage for mental health and addiction services. The ACLU recognizes that disparities in coverage for mental health is a disability rights issue and lack of coverage can drive people into the legal system.
HB3095To create the "Protection of Property from Warrantless Searches Act"SupportThis bill would strengthen the warrant requirement for government agents, require the use of body cameras when entering proviate property, and puts restrictions on property seizure.
HB3101Preserve the constitutional right of West Virginian's to be free from unlawful automotive searchesSupportThis bill removes a provision of the code that provides a catch-all for law enforcement to search vehicles, and instead creates strict limits on searches. The ACLU supports the right to be free of unreasonable searches.
HB3108Establish the WV Constitution and the WV Code as the primary law in WVOpposeThis bill would attempt to invalidate the US Constitution and any international treaties, which is unconstitutional itself.
HB3111Supporting Students Who Are Parents ActSupportThis bill would require the Department of Education to develop a policy to accomodate students who are also parents. The ACLU supports measures to provide equity for parents and families.
HB3112Requiring Trauma-informed Employee training for employees of Division of Corrections and RehabilitationSupportThis bill requires the Division of Corrections and Rehabilitation to provide training to recognize traua and suicidal tendacies. Trauma-informed practices can help ensure inmate safety.
HB3113Removing certain drugs from schedule 1SupportThis bill would remove cannabis and derivatives and psilocybin from schdule 1 of the controlled substances schedule.
HB3120Providing for continuity of medical care for newly-incarcerated peopleSupportThis bill requires medical interviews and efforts to provide appropriate ongoing medical care for new inmates. Bills like this can help to protect the health of inmates.
HB3121Providing for collection of data regarding police encounters that are not traffic stopsSupportThis bill would require police to record data for traffic and other stops. This bill could provide insight into police practices and help to reduce racial profiling.
HB3124Permit collective bargaining for public employeesSupportThis bill would allow public employees to collectively bargain. The ACLU supports the right to organize and collectively bargain.
HB3138To update the requirements of the state director of health to quarantine and enforce regulations in a specific placeSupportThis bill requires that public health quarantines must list a specific place. It also removes the ability to arrest or incarcerate people for quarantine violations. The ACLU supports providing more specific and narrow limitations by the government and limiting the use of arrest.
HB3141Designating February 3 as "Freedom Day," to memorialize the February 3, 1865 Act by the Legislature that abolished slavery in West VirginiaSupportThis bill would require the Governor to recognize the day that the WV Legislature abolished slavery.
HB3143Prohibit county clerk from charging or prohibiting person from taking pictures of public documentsSupportThis bill would effectively allow people to photograph public documents without a fee. The ACLU supports removing barriers to public access and involvement.
HB3146Relating to the review of certain executive orders issued by the President of the United StatesOpposeThe ACLU opposes the use of executive orders and supports legislative oversight of the executive branch. However it is the job of the Courts, not state legislatures to review federal orders.
HB3153Eliminate the WV Fusion CenterSupportThis bill would eliminate the WV Fusion Center. The ACLU views Fusion Centers as a dangerous mix of law enforcement and intelliegence that threatens privacy rights.
HB3156To ban The Prevalent and Intrusive Chinese Communist Parties Confucius institutions in West VirginiaOpposeThis bill seeks to prohibit so called "Confucius Institutions" in colleges and universities. While the broad principles of free speech and acadmic freedom, this bill is dangerously vague and discriminatory on the basis of national origin.
HB3158To codify applicable sections of President Donald J. Trump's Executive Order 13798: Promoting Free Speech and Religious Liberty into state code.OpposeThis bill would seek to enact a version of "religious liberty" that could be used to allow government agents to endorse religion, refuse services based on religious grounds and allow medical professionals to use religious excuses to refuse certain treatment.
HB3159Relating to Consumer Data PrivacySupportThis bill provides certain basic protections for consumer data. It requires companies to have a transparent data policy. It allows consumers to request their data be deleted, or not shared.
HB3160Creating online voters' guideSupportThis bill would require candidates for certain constitutional offices to provide some basic background information. The ACLU supports legislation that helps provide information for voting.
HB3163Second Look Sentencing ActSupportThis would allow people with certain long sentences to apply for modifications after a certain period of time. The ACLU supports legislation that can help alleviate lengthy sentences.
HB3166Prohibit Department of Corrections and Rehabilitation from making inmates pay co-payment for medical or dental service by a doctor or nurseSupportThis bill would prohibit the Department of Corrections and Rehabilitaiton from making inmates pay for medical services. In incarcerating people the state takes the responsibility for their health and wellbeing including medical care.
HB3167Access to Rehabilitation ActSupportThis bill would prohibit inmates from being charged fees for reading material.
HB3168Creating small business and minority populations economic and workforce development taskforceSupportThis bill creates a task force to address persisting disparities in employment and entrepreneurship in West Virginia. The ACLU strongly supports proactive steps to finally end the legacy of slavery and racism.
HB3169To provide a new criminal offense of sexual extortion and sexual extortion by a person holding a position of trust, supervisory authority, or disciplinary power over another personNeutralThis bill creates a new criminal code for sexual coercion. The ACLU generally opposes the creation of new crimes. However, there are issues with sexual coercion which fall outside current legal prohibitions. The ACLU will monitor this legislation to ensure an appropriate balance is struck between competing interests.
HB3174Require Correctional Facilities to provide free feminine hygiene productsSupportThis bill requires correctional facilities to provide menstural prodcuts to inmate without charge. The ACLU supports the notion that people who are incarcerated should not be punished for bodily functions.
HB3176Requiring sharps containers in all state buildings and facilities where the public is allowedSupportThis bill requires a sharps deposit container in all state buildings. This can provide convenience to people who have medical conditions where they need to inject medication. It also provides a solution to concerns about syringe litter without removing seervices or creating new crimes.
HB3182Require insurance companies pay for telemedicine and in-person treatment and evaluation at the same ratesSupportThis bill requires coverage for telemedicine. Affordable access for telemedice can imporive access to healthcare for people with limited mobility or trasnportation. The ACLU supports providing medical access.
HB3188Making expungement of records for certain defendants found not guilty or have had charges dismissed to occur without petitioning the courtSupportThis bill would automatically expunge the records of people found "not guilty" or where charges were dismissed. Prior records, even when there wasn't a conviction can make it harder for a person to get a job, housing, or education, so the ACLU supports this step.
HB3189Establishing requirements for confining juveniles in juvenile facilitiesSupportThis bill would create higher standards and more protections for juveniles before they can be put in isolation. The ACLU opposes the use of solitary confinement in any setting.
HB3193Relating to obtaining an appropriate gender marker for state documentsSupportThis bill provides a process for people to get ID that approprately identifies their gender and allow for a gender marker for non-bianary people. The ACLU supports letting people get accurate identification.
HB3196Ensuring those citizens qualified for an expungement receive the expungement they are entitledSupportThis bill creates a process to ensure a person's request for an expungement is processed in a timely fasion if other criteria is met.
HB3199To establish gender guidelines for public school restroomsOpposeThis bill would prohibit schools from allowing students to use the restroom consistent with their gender identity. The ACLU opposes legislation that discriminates against transgender youth.
HB3204Relating to custodial interrogation of a childSupportThis bill puts into statute certain restrictions on interrogating a child, and excludes any evidence from such testimoney if steps are not taken. The ACLU supports limits on interrogations.
HB3205Relating to medical marijuanaOpposeThis bill changes the medical cannabis act. It removes a provision that protects people using medical cannabis from discrimination and instead protects the employer from lawsuits.
HB3211State Police Review BoardSupportThis bill creates a review board for to review police across the state of WV. The ACLU supports creating more transparency and accountability in law enforcement.
HB3220Restrictions on Taxpayer funded lobbyingSupportThis bill requires political subdivisions and agencies that lobby to disclose expenditures on lobbying. While the ACLU does not support other legislation that seeks to silence these entities, this bill provides transparency which the ACLU supports.
HB3233Prohibit electronic ballotsOpposeWest Virginia allows a small subset of voters to vote by electronic ballot. This bill would eliminate this process of voting. The ACLU opposes removing ways to make the ballot more accessible.
HB3234Ban civil asset forfeiture unless person convictedSupportThis bill would end the practice of civil asset forfieture, where law enforcement can use a legal action to take people's property, even if they are not charged or convicted of a crime. The ACLU supports ending civil asset forfeiture.
HB3237Establishing of the West Virginia Public Participation ActSupportThis bill is aimed at providing recourse for lawsuits that are designed to frusturate or intimidate parties speaking out on matters of public importance. This type of litigation, known as strategic litigation against public participation allows parties with money to weaponize the legal system to limit first amendment activity. The ACLU supports this step to protect free speech.
HB3245The Protection of All Property from Warrantless Searches ActSupportThis bill would strengthen the warrant requirement for government agents, require the use of body cameras when entering proviate property, and puts restrictions on property seizure.
HB3246Protecting Everyone's Constitutional Rights ActSupportThis bill clarifies that people have a cause of action in state court for a deprivation of consitutional rights under the color of the law. The ACLU supports being able to hold the government accountable when it deprives people of their rights.
HB3247Creating the Katherine Johnson and Dorothy Vaughan Fair Pay ActSupportThis bill prevents employers from prohibitting employees from discussing their wages. These types of prohbitions have been linked to disparities in pay by race and gender.
HB3252Establish the Commission on American History EnrichmentSupportThis bill would create a commission to study the historic contributions of women, indigenous people, Black people, and other minorities to West Virginia. The ACLU supports a fuller and more equitable view of history.
HB3255Creating the Anti-Abuse of Power ActSupportThis bill clarifies that a government official cannot perform any official act, without performance of an official act, or threaten to do the same as retaliation or for any other malicious purpose. The ACLU supports more checks on power.
HB3257Faithless Elector lawAmendments NeededThis bill creates criminal penalties for "faithless electors" or electors in the electoral college who vote against the popular will. The ACLU opposes the electoral college and sees faithless electors as even less democratic, the ACLU also opposes the creation on new crimes.
HB3259Prohibit state funding for any organization that performs abortionsOpposeThis bill would prohibit any state funds to go to any organization that directly provides abortions or for any organization that provides financial coverage for abortions. The ACLU supports the right to abortion and opposes attempts to limit access.
HB3263Relating to creating the refugee information actOpposeThis bill would require DHHR to meet regularly to provide the Legislature with very specific information about refugees in the state. This bill invades the privacy of refugees.
HB3264Provide for crime of impersonating non-public persons on social mediaOpposeThis bill would create a new crime for impersonating a person on social media. The ACLU opposes the creation of new crimes, and there are already civil remedies for such behavior.
HB3265Require an ultrasound prior to abortionOpposeThis bill would require a pregnant person to undergo an ultrasound prior to an abortion. This is unnecessarily invasive, and creates burdens and costs that are barriers to abortion access.
HB3276Creating parity for mental health servicesSupportThis bill requires the state Medicaid program to equally fund access to mental, behavioral and recovery services as they do for other health services.The ACLU supports efforts to increase access to healthcare.
HB3280Relating to assault with bodily fluidsOpposeThis bill would create a new misdemeanor offense. The ACLU opposes the creation of new crimes.
HCR5To provide an Article 5 convention in order to propose an amendment to the US Constitution where 3/5 of the states could overturn a federal lawOpposeThe ACLU opposes the use of an Article V Convention of the States to propose consitutional amendments due to the lack of precedence and controls.
HCR30Requesting the Joint Committee on Government and Finance to study the importance of legislation prohibiting the state or its instrumentalities from contracting or otherwise doing business with entities involved in the Boycott, Divestment, and Sanctions Movement against Israel.OpposeThis resolution would call for a study of prohibitions against doing business with entities engaged in boycotts, sanctions, or divestment of Israel. The ACLU does not take a position on boycotts of Israel, but boycotts are a form of political exprssion and the ACLU opposes government attempts to limit or punish entities engaged in First Amendment protected activities.
HJR5Allowing citizens to participate directly in the formation of legislative districtsSupportThis proposed amendment would create an independent redistricting commission and would involve more citizen participation in the redistricting process. The ACLU supports the removal of partisan influence from drawing legislative districts.
HJR16Term Limits for Senators and Delegates in the West Virginia LegislatureOpposeThe ACLU opposes term limits for legislators. Term limits deny voters of popular representatives. Power is diluted in the legislative branch, so there is less concern about consolidation of power by any individual.
HJR20Allowing an elected state official to be a government employee or employee of a public school, college, or universitySupportThe proposed amendment would allow certain government employees who are not in decision-making roles to also hold elected office. Employees like highway workers, social workers, university professors, or DEP workers are currently prohibitted from holding elected office. This prohibition on dual employment was established before the modern administrative state and holds out people who may have expertise from the legislature.
HJR27State Redistricting CommissionSupportThis proposed Constitutional Amendment would create an independed redistricting commission for creating legislative districts. The ACLU supports independent and non-partisan redistricting.
HR7A resolution condemning the "Defund the Police" movement.OpposeThis resolution would call to condemn all "Defund the Police" movements. These movements are rooted in legitimate crticism of the system of policing and disporportionate resources allocated to responding to crime rather than providing services to address socio-economic roots of crime.
SB4Creating Intermediate Court of AppealsOpposeWhile the ACLU broadly supports additional layers of oversight to ensure a fair judicial process, this court specifically excudes jurisdiction over criminal matters. In this form, the ACLU opposes this bill.
SB17Requiring certain disclosures of election expendituresOpposeThis bill requires disclosure of donors to groups engaging in political expenditures. The ACLU has long supported the right to free anonymous political speech.
SB18Allowing workers' compensation for first responders diagnosed with PTSD due to event during employmentSupportThis bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
SB19Designating DHHR social workers to promote school attendance and performanceSupportThis bill would provide social workers to help at risk youth with school attendance. This will reduce truancy charges, one of the biggest drivers of youth into the juvenile justice system.
SB23Requiring county boards of education establish program for random drug testing of student drivers and student athletesOpposeThe ACLU opposes the use of suspicion-less drug tests as a violation of privacy rights.
SB24Limiting liability of employers in cases where certain crime convictions are expungedOpposeLimiting liability for employers who hire former felons can be a good way to encourage reentry. However, this bill also creates a database for people who have had their records expunged, and permits employers to search the database, frusurating the purpose of expungement.
SB25Requiring minors in possession of marijuana and their parents to attend classes on danger of marijuanaOpposeThis bill would require that juveniles and their parents attend a class on the health effects of cannabis if the juvenile is found in posession of cannabis. The ACLU opposes this bill for providing penalties for parents, for perpetuating the War on Drugs and myths about drug use, and for creating a system which will likely drive more people into the legal system.
SB26Limiting penalty for possession of marijuana to no more than $1,000 without confinementSupportThis is a form of cannabis decriminalization that ends incarceration for cannabis posession. The ACLU supports this bill, though urges bolder reforms.
SB27Allowing voters who register in person with county clerk to vote during early in-person votingSupportThis bill expands voting opportunities by allowing people to register to vote at their County Clerk's office during the early voting period.
SB33Creating State Settlement and Recovered Funds Accountability ActSupportThis bill requires greater transparency for the use of funds that the state recieves through litigation and settlement. The ACLU supports government transparency.
SB35Requiring establishment of paternity before awarding DHHR benefitsOpposeThis bill would require parents to undergo a DNA test prior to receiving DHHR benefits for children. This is a violation of privacy without adaquate suspicion. The bill creates new criminal penalties which the ACLU opposes.
SB40Ensuring insurance coverage for residents with preexisting conditionsSupportAlthough the Affordable Care Act already prohibits insurers from denying coverage for preexisting conditions, this bill provides a further layer of protection for people with long-term and chronic medical conditions.
SB43Relating to Pay Transparency Act of 2021SupportThis bill prevents employers from prohibitting employees from discussing their wages. These types of prohbitions have been linked to disparities in pay by race and gender.
SB48Prohibiting employment of unauthorized employees in construction industryOpposeThis bill provides penalties for employers who hire undocumented individuals and a complaint process. The ACLU opposes this becaues it it redundant and because it will likely lead to racial profiling.
SB49Requiring PACs disclose contributors' names and addresses to Secretary of StateOpposeThis bill would require political action committees to give names of donors to the Secretary of State. This can provide a chilling effect on the freedom of association.
SB54Permitting photo identification on voter registration cardsNeutralThis bill allows voter registration cards to contain a photo. The ACLU does not take a stance on this, but will monitor this legislation for the positive potential of providing a form of ID, and for the dangerous potential of being a segue into strict voter ID laws.
SB56Eliminating requirement that schools be closed on election daysOpposeRemoving the requirement that schools close on election day makes it more difficult for students and teachers to vote and may make it harder to access polling places that are in or near schools.
SB73Prohibiting discrimination in access to organ transplants based on physical or mental disabilitySupportThis bill ensures that people have access to organ transplants regardless of mental or physical disabilities. The ACLU opposes rationing medical care based on disability status and therefore supports this legislation.
SB74Creating Human Life Non-Discrimination ActOpposeThis bill attempts to prohibit abortions performed for specific reasons. Medical decisions are often based on a variety of factors, and are menat to be between a patient and their doctor. The state should not be trying to guess or determin why a private decision was made.
SB87Enacting WV Human Life Protection ActOpposeThis bill would prohibit virtually all abortions. The ACLU strongly supports the right to abortion.
SB90Creating Education Savings Account ActOpposeThe ACLU opposes education savings accountes because they reduce public education funding and can result in public funds being used to fund educational institutions that discriminate.
SB96Creating online voters' guideSupportThis bill would require the secretary of state to create an online voter guide. The ACLU supports efforts to increase voter education.
SB109Prohibiting civil rights violationsSupportThis bill clarifies that people can be charged with a hate crime for crimes based on sexuality or gender identity. While this does provide important protections to people who are often targets for violence, the ACLU typically opposes expanding aggravating factors as contributing to mass incarceration. This bill addresses this, by specifically recommending community corretions programs be utilized.
SB110Adjusting distance from polling place certain election-related activity is prohibitedOpposeThis bill would expand the electioneering prohibition zone from 100 feet from a polling place to 250 feet from a polling place. While there are competing interests between keeping voters free from interference and intimidation, and free speech, the right to free speech, particularly on political matters must be prioritized.
SB116Drug testing of legislatorsOpposeThe ACLU opposes suspicionless drug testing.
SB118Require parental notification of minors being prescribed contraceptivesOpposeThis bill would require parents to be notified if a minor is prescribed contraceptives. This bill violates medical ethics, privacy rights, and is potentially dangerous.
SB122Allowing counties to hold inmates under certain circumstances in county jailOpposeThis bill appears to address jail overcrowding by allowing some inmates to be held in the county jails where they reside. Jail overcrowding is a serious issue in WV, but the solution is not to move inmates around.
SB227Creating position of homeless education coordinator in certain countiesSupportThis bill would create a position within the school system to provide supports for students experiencing homelessness. The ACLU supports increased services for at-risk youth instead of relying on the juvenile justice system.
SB229Implementing system for ranked choice voting for election of justices to WV Supreme Court of AppealsSupportThis bill would allow voters to rank their preference for candidates for the WV Supreme Court of Appeals. This ensures that results would be more reflective of the will of the voters rather than allowing a plurality to win.
SB230Prohibiting civil rights violationsSupportThis bill clarifies that people can be charged with a hate crime for crimes based on sexuality or gender identity. While this does provide important protections to people who are often targets for violence, the ACLU typically opposes expanding aggravating factors as contributing to mass incarceration. This bill addresses this, by specifically recommending community corretions programs be utilized.
SB234Ensuring coverage for residents with preexisting conditionsSupportAlthough the Affordable Care Act already prohibits insurers from denying coverage for preexisting conditions, this bill provides a further layer of protection for people with long-term and chronic medical conditions.
SB237Implementing trauma-informed practices in schoolsSupportThis bill puts into place a number of practices in schools to provide a truama-informed environment for students. This includes more support services and less reliance on harsh discipline. This will reduce the school-to-prison pipeline.
SB251Creating Living Infants Fairness and Equality ActOpposeThis bill would treat fetuses as fully naturalized persons, including for counts in censuses. This bill is designed to undercut reproductive care.
SB252Relating to unlawful discriminatory practices covered by Human Rights Act and Fair Housing ActSupportThis bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
SB254Adding definitions of "sexual orientation" and "gender identity" to categories covered by Human Rights ActSupportThis bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
SB256Prohibiting insurers from denying coverage as result of preexisting conditionSupportAlthough the Affordable Care Act already prohibits insurers from denying coverage for preexisting conditions, this bill provides a further layer of protection for people with long-term and chronic medical conditions.
SB260Establishing Minority Health Advisory TeamSupportThis bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
SB262Requiring certain municipalities pay for incarceration of inmatesOpposeThis bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
SB264Relating generally to licenses to sell paraphernalia for use with controlled substancesOpposeThis bill would criminalize the sale of drug paraphernalia. This is an expansion of the War on Drugs. The ACLU opposes this and supports ending prohibition.
SB285Requiring parental notification of school-based dispensaries of contraceptives to minorsOpposeThis bill would require parents to be notified if a minor is recieves any contraceptive or contraceptive device from their school. This bill violates medical ethics, privacy rights, and is potentially dangerous.
SB287Requiring county boards of education to provide free feminine hygiene products in grades six through 12SupportThis bill requires schools to provide feminine hygiene products to students in grades 6 - 12. For students who cannot afford or do not have access to these products it can negatively affect attendance and school performance. The ACLU supports making these more accessible.
SB288Creating Katherine Johnson Fair Pay Act of 2021SupportThis bill prevents employers from prohibitting employees from discussing their wages. These types of prohbitions have been linked to disparities in pay by race and gender.
SB291Exempting certain hygiene products from sales taxSupportThis bill exempts feminine hygiene products from sales tax. This is a gender-based tax. Many products aimed towards men are expemted from sales tax. The ACLU supports levelling the playing field.
SB292Relating to disclosure of fundraising contributions during legislative sessionSupportThis bill requires reporting of donations within 5 days when they occur during a time that the legislature is already meeting. These disclousres are already required by law, and more timely reporting during sessions increases transparency.
SB304Requiring Secretary of State maintain online database of religious organizationsOpposeThis bill would require all religious organizations in West Virginia to register with the Secretary of State and publish certain information online. The ACLU opposes this as a violation of the freedom of religion.
SB310Providing for nonpartisan elections of county prosecuting attorneysSupportThis bill would make the election of prosecutors nonpartisan. The legal system should be free of partisan interferance. This bill would allow voters to focus on the experience and priorities of candidates for prosecutor.
SB312Allowing state and federal criminal history record check of each adult living in residence when minor child is placed there due to emergencyNeutralThis bill would allow DHHR to conduct background checks on people who become emergency guardians of children. The ACLU will monitor this to ensure that it does not unduely infringe on privacy.
SB316Eliminating suspension of driver's license for failure to pay court fines and costsSupportThis bill removes the section of code that allows a person's diriver's license to be suspended for failure to pay court fines and fees. Court fees unfairly and disporportionately hurt marginalized communities and shift the cost of running the courts onto the people least able to pay. Suspending licenses when a person cannot pay makes it harder for them to get and maintain employment and exaccerbates the situation.
SB319Relating to establishing Community Health Equity Initiative Demonstration ProjectSupportThis bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
SB320Allowing workers' compensation benefits for first responders diagnosed with PTSDSupportThis bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
SB322Relating generally to the payment of salary or wages under the Parental Leave ActSupportThis bill provides for paid family leave which the ACLU supports.
SB328Collecting and analyzing statistical information pertaining to terminating pregnancies under Medicaid ProgramOpposeThis is an invasive bill that requires the government not only to collect data on abortions, but information information on the reason for the abortion. This is an invasion of privacy, and unnecessary since the passage of Amendment 1.
SB333Establishing WV Freedom of Conscience Protection ActOpposeThis bill purports to reassert a freedom to exercise religion. However, this bill would actually allow people to use religious freedom as a weapon to engage in discriminatory and harmful behavior towards others.
SB337Creating Life at Conception Act of 2021OpposeThis bill would redefine personhood beginning with conception. In addition to creating a legal fiction to challenge reproductive rights, this creates a number of other practical problems.
SB340Requiring all local special levies be held on regularly scheduled statewide election ballotSupportThis bill requires elections for levy increases to be held at the same time as primary or general elections. This would likely increase democratic participation, which the ACLU supports.
SB341Requiring participation in athletic or sporting events be based on athlete's biological genderOpposeThis bill prohibits transgender student athletes from participating in school sports based on their gender identity. This is discrimination against transgender students and is not supported by numerous studies.
SB355Relating to emergency powers of GovernorNeutralThis bill limits executive orders during declared emergencies to 60 days unless affirmed by the legislature. The ACLU supports more legislative oversight of executive emergency powers. However, the ACLU has spelled out other principles for emergency power reforms that are not present in this bill.
SB364Limiting use of wages by employers and organizations for political activitiesOpposeThis bill puts burdensome paperwork on using shop fees for political activity. The effect is to limit the political activity of organized labor, which the ACLU opposes.
SB367Relating to advertisements from political candidatesSupportThis bill requires newspapers to publish all advertisments by political candidates. The ACLU supports providing equal access to the media.
SB369Permitting civil actions against social media sites for censorshipOpposeThis bill would allow a social media site to be civilly liable if the moderate or censor certain content. While the ACLU recognizes the importance of social media, there are several problems with this legislation. Social media platforms are private and generally permitted to moderate the content. This is also preempted by federal law.
SB378Requiring participation in drug court program for certain offendersOpposeCurrently, first-time offenders charged with simple possession of drugs can have their charges dropped if there are no additional charges with a time period set by the judge. This bill would also allow the judge to mandate drug court. This is an additional limitation that extends supervision and can create more legal difficulties. For this reason, the ACLU opposes this bill.
SB409Transferring child welfare enforcement responsibilities to State PoliceOpposeThis bill would take all responsibilities for child welfare that are currently performed by DHHR and transfer them to the State Police. The involvement of law enforcement is more likely to result in escalation of situations and the unnecessary criminal charges.
SB411Requiring probationers who served 10 or more years to participate in work release programOpposeThe bill would require probationers who served 10 or more years to participate in a work-release program prior to release. Notwithstanding probationers who may of an advanced age or have a disability that would prevent work, the ACLU opposes additional requirements that could result in delaying release.
SB414Requiring DHHR file petition to terminate parental rights under certain circumstancesOpposeThis bill would require DHHR to file a petition to terminate parental rights after 2 incidents of neglect. The ACLU supports individualized sanctions looking at all circumstances.
SB416Creating Fetal Heartbeat ActOpposeThis bill would prohibit most abortions after a fetal cardiac ryhthm can be detected. Often this occurs before people even know they are pregnant, and would effectively outlaw abortions. The ACLU supports the right to abortion.
SB418Creating Small Business and Minority Populations Economic and Workforce Development TaskforceSupportThis bill creates a task force to address persisting disparities in employment and entrepreneurship in West Virginia. The ACLU strongly supports proactive steps to finally end the legacy of slavery and racism.
SB423Prohibiting abortion coverage in certain qualified health care plansOpposeThis bill would prohibit certain insurance plance to pay for abortion. This reduces the ability to access abortion. The ACLU opposes this.
SB476Requiring hospitals to staff qualified personnel to perform sexual assault forensic examsSupportThis bill ensures proper training equipment for medical staff working with sexual assault surviors. The ACLU supports this.
SB480Creating State Employment First Policy for wages of disabled personsSupportThis bill promotes the employment and fair wages for West Virginians with disabilities. The ACLU supports this effort to promote autonomy and dignity for people with disabilities.
SB481Increasing penalty for impersonating law-enforcement officer or officialOpposeThis bill would add a period of incarceration for the crime of impersonation of an officer. The ACLU opposes increasing criminal penalties.
SB482Restricting participation in Teachers Retirement System by members who serve as officer in professional teaching associationOpposeThis bill would mean teachers who are officers in teaching organizations are no longer excused when serving in official duties. This is an attack on the right to associate.
SB495Providing criminal offense of sexual extortion and sexual extortion by person holding certain position over anotherNeutralThis bill would create criminal penalties for coercive sexual contact. This is a very real form of sexual violence that needs to be addressed. But the ACLU is also concerned about creating new crimes and more criminal penalties. The ACLU will monitor this to ensure an appropriate balance between these interests.
SB497Increasing penalty for attempted murder in first degreeOpposeThis bill increases the penalty for attempted murder in the first degree and in the second degree. The ACLU opposes increasing sentences.
SB499Relating to parole eligibility for drug distribution offensesOpposeThis bill prevents parole eligibility for people convicted of distrubtion near a recovery residence. The ACLU opposes blanket prohibitions on parole eligibility.
SB503Creating crime for being under influence of controlled substance unless specifically prescribedOpposeThis bill would make it a crime to be under the influence of controlled substances. This bill is poorly designed and would serve as cover for police to stop and search many people, particularly those with disabilities.
SB504Relating to review of presidential executive orders by LegislatureOpposeThe ACLU opposes the use of executive orders and supports legislative oversight of the executive branch. However it is the job of the Courts, not state legislatures to review federal orders.
SB558Prohibiting certain divisive acts or concepts from schools, state agencies and any groups receiving state fundingOpposeThis bill puports to ban racial stereotyping. However, the language of the bill also prohibits important and necessary discussions in workplaces and in curriculum regarding the racial history of the United States, implicit bias, and privlege.
SB561Election Security and Access Act of 2021SupportThis bill would allow for no excuse absetnee voting, remove the provision allowing voters to be cancelled for not voting, expand early voting, in addition to other election reforms. These reforms would increase the ability to vote, which the ACLU supports.
SB563Banning certain medical abortionsOpposeThis bill would limit a safe method of abortion by medication. The ACLU supports access to abortion.
SB567Requiring health benefit plans provide insurance to persons with pre-existing conditionsSupportThis bill requires health insurance providers to cover "pre-existing" conditions. This can be very important for people with long-term or life-long medical conditions and is a disabilities rights issue.
SB568Relating to measures Governor may make during state of emergencyNeutralThis bill limits the length and power of the Executive in declared emergencies. While this bill incudes provisions that the ACLU supports by requiring legislative input, other provisions may limit the Governor's ability to take measures that are necessary to respond to exigent circumstances.
SB572Creating Patrolman Cassie Johnson Memorial ActOpposeThis bill would reinstitute the death penalty in West Virginia. The ACLU opposes the death penalty.
SB578Removing requirement of imminent lawless action to prerequisite for crime of intimidationOpposeThis bill would widen the scope of what constitutes intimidation of a public official and could impact First Amendment protected activity. The ACLU opposes this potential chilling of free speech.
SB591Amending penalty of simple possession of marijuana from misdemeanor crime to civil violationSupportThis bill would limit the penalty for simple possession of cannabis to a $25 fine. This is a model of cannabis decriminalization which the ACLU supports.
SB593Requiring certain movie theaters to provide open captioning during certain showingsSupportThis bill would require certain large cinema operators to offer some closed caption showings. The ACLU supports legislation that supports that promotes greater access for people with disabilities.
SB595Prohibiting nonsurgical, chemical abortions in WVOpposeThis bill would limit a safe method of abortion by medication. The ACLU supports access to abortion.
SB598Creating Youth Mental Health Protection ActSupportThis bill bans the practice of conversion therapy for LGBTQ youth. Conversion therapy has been proven to be ineffective and dangerous.
SB609Second Chance at Life ActOpposeThis bill requires healthcare providers to notify patients about the possibility of "reversing" certain medical abortions prior to distrubuting the medications. This is an infringement on speech and is not medically accurate.
SB611Establishing state certification process and payment system for certified community behavioral health clinicsSupportThis bill creates a system for Medicaid so certify and fund community behavioral health centers. The ACLU supports the exansion of mental health services, particularly community -based services that can serve as alternatives for justice-impacted people.
SB617Creating Student Journalist Press Freedom Restoration ActSupportThis bill restates that student publications and student journalists are free from undue censorship. The ACLU supports the freedom of the press and the freedom of expression for students.
SB618Prohibiting teaching of divisive acts and critical race theory in public schoolsOpposeThis bill puports to ban racial stereotyping. However, the language of the bill also prohibits important and necessary discussions in workplaces and in curriculum regarding the racial history of the United States, implicit bias, and privlege.
SB623Creating Fetal Heartbeat ActOpposeThis bill would require physicians to provide information to people seeking aboriton if a cardiac rhythym is detected. It would require the physician to document the reason for the abortion. Laws that require physicians to provide information that is not medically accurate are suspect under the First Amendment and it is not appropriate for the government to require a rationale for a person's private medical choices.
SB629Creating Closed Captioning ActSupportThis bill would require certain large cinema operators to offer some closed caption showings. The ACLU supports legislation that supports that promotes greater access for people with disabilities.
SB631Permitting all registered voters to vote by absentee ballotSupportThis bill would allow all people to request an absentee ballot without an excuse. The ACLU supports legislation that would expand access to the ballot.
SB633Creating Social Media Integrity and Anti-Corruption in Elections ActOpposeThis bill would allow a social media site to be civilly liable if the moderate or censor certain content. While the ACLU recognizes the importance of social media, there are several problems with this legislation. Social media platforms are private and generally permitted to moderate the content. This is also preempted by federal law.
SB638Allowing "one button" straight party ticket votingSupportThis bill allows voters to vote a "straight ticket". The ACLU recognizes this as a way that can make voting easier and more accessable.
SB649Legalizing cannabis production, sales, and adult consumptionSupportThis bill would completely legalize and regulate cannabis. The ACLU supports the legalization of cannabis.
SB650Permitting concealed carry in certain areas on State Capitol ComplexOpposeThis bill would allow people to carry firearms on certain parts of the Capitol complex, the presence of firearms can chill the numerous free speech events that occur in and around the Capitol.
SB666Creating Student Journalist Press Freedom Restoration ActSupportThis bill restates that student publications and student journalists are free from undue censorship. The ACLU supports the freedom of the press and the freedom of expression for students.
SB675Clarifying process for filling vacancies in LegislatureSupportThis bill sets forth a process for filling legislative vaccancies. The process creates more involvement and transparency.
SB685WV Monument and Memorial Protection ActOpposeThis bill significantly increases barriers to removing or renaming historical monuments. While content neutral, it is a response to attempts to remove monuments to the Confederacy and slavery.
SB688Mandating extended supervision for defendants convicted of stalking and related felonious actsOpposeThis bill allows for a period of extended supervision of up to 50 years for people convicted of crimes such as stalking and harassment. Supervision can unnecessarily drive people back into the criminal system even for technical violations. The ACLU opposes this.
SB690Requiring all eligible voters to vote in general electionNeutralThis bill would require all eligible voters to vote or face a civil penalty. While the ACLU wants to encourage greater democratic participation, we have concerns about making anything compusory.
SB692Prohibiting unlawful discriminatory practices covered by Human Rights Act and Fair Housing ActSupportThis bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
SB699Relating to reasonable force in defense of self, real, and personal propertyOpposeThis bill would expand stand your ground laws. These laws have resulted in increased deaths. There is no greater civil liberty violation than the loss of life.
SB700Creating WV Monument and Memorial Protection Act of 2021OpposeThis bill significantly increases barriers to removing or renaming historical monuments. While content neutral, it is a response to attempts to remove monuments to the Confederacy and slavery.
SCR10Calling Article V convention proposing term limitsOpposeThe ACLU opposes legislative term limits and the use of an Article V convention of the states.
SCR12Applying to Congress to call convention to propose amendments allowing state legislatures to pass legislation overriding certain restrictive federal lawsOpposeThe ACLU opposes legislative term limits and the use of an Article V convention of the states.
SJR3Protection of Electronic Communication and Data AmendmentSupportThis proposed amendment would specifiy that proections against search and seizure apply to electronic communications as well.