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

 


 

Chamber and Type Number Title Our Position Explanation
HB 2003 Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency Support This bill limits emergency executive powers, requires more transparency, protects constitutional rights, and provides more legislative oversight of emergency management. The ACLU supports these principles.
HB 2009 Relating to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities Oppose This 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.
HB 2012 Relating to public charter schools Oppose This 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.
HB 2013 Relating to the Hope Scholarship Program Oppose This 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.
HB 2014 Relating to role of the Legislature in appropriating federal funds Support This bill provides more legislative oversight of expenditure of emergency funds. This provides increased transparency and reduces the change of corruption.
HB 2015 Requiring rules of local boards of health to be approved by the county commission except in cases of a public health emergency Neutral This 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.
HB 2017 Rewriting the Criminal Code Oppose Bold reforms in our sentencing laws are needed. However, this bill will result in longer sentences for many common criminal charges and worsen mass incarcersation.
HB 2020 Relating to the West Virginia Employment Law Worker Classification Act Neutral This 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.
HB 2023 Relating generally to West Virginia Appellate Reorganization Act of 2021 Oppose While 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.
HB 2031 West Virginia Development Achievements Transparency Act Support This bill requires greater tracking and transparency or certain WV development grants. The ACLU supports increased government transparency.
HB 2034 Establishing a comprehensive addiction recovery center certification and grant program in this state Support  
HB 2039 Expunging records of unsubstantiated complaints made by the Department of Health and Human Resources against teachers Support This bill expunges the records of teachers after 3 years if complaints against them are unsubstantiated. This is a due process protection.
HB 2051 Allowing workers' compensation benefits for first responders diagnosed with post-traumatic stress disorder Support This bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
HB 2054 Requiring parents or guardians to participate in programs for juveniles in an out-of-home placement Oppose This 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.
HB 2056 Changing the beginning time for beer and wine sales on Sunday from one p.m. to 10 a.m. Support Bans 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.
HB 2060 Reducing the criminal penalty for possession of small amounts of marijuana or paraphernalia Support This 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.
HB 2062 Creating a Small Business and Minority Populations Economic and Workforce Development Taskforce Support This 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.
HB 2064 Biometric Information Privacy Act Support This 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.
HB 2066 Providing school days for registering eligible students to vote and to provide transportation to voting places Support This bill expands voting opportunities, specifically for students. The ACLU supports efforts to make voting easier and more accessible.
HB 2067 Relating to designation of social workers in the Department of Health and Human Services Support This 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.
HB 2068 Establishing a special memorial day to be known as Juneteenth honoring human rights and the end of slavery in the United States Support This bill would formally recognize Juneteenth in West Virginia.
HB 2070 Relating to mandatory drug testing for state legislators and teachers Oppose This bill would mandate drug testing for legislators and teachers. The ACLU opposes suspicion-less drug testing as an invasion of privacy.
HB 2071 Eliminating the requirement that schools be closed on election days Oppose Removing 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.
HB 2073 Making it a felony to knowingly expose another individual to HIV Oppose This legislation increases the stigma of HIV and contributes to mass incarceration.
HB 2078 Nondiscrimination in Involuntary Denial of Treatment Act Support This 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.
HB 2079 Providing equitable distribution to county boards of education of reimbursement costs of special needs students Neutral This 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.
HB 2086 Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service. Oppose This 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.
HB 2087 Relating to requiring the Office of Health Facility Licensure and Certification to inspect office-based medication-assisted treatment programs at least every 24 months. Neutral Currently 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.
HB 2091 Creating a process by which voters may recall a county ordinance in a special election Oppose This 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.
HB 2094 Relating to the juvenile restorative justice programs Support This bill establishes restorative justice programs for certain juvenile offenders. The ACLU supports restorative justice as an alternative to incarceration.
HB 2099 Redistricting of the Senate into 16 two-member senatorial districts and redistricting the House into 96 single member districts Neutral This bill would change the apportionment of state representatives. The ACLU will monitor this to ensure any changes ensure fair representation.
HB 2104 Relating to compensation paid to landowners when interest in property taken by eminent domain is for a nongovernmental entity Support This bill requires double compensation when takings under Eminent Domain are for private use. The ACLU opposes takings, and supports any steps to disincentivze them.
HB 2107 West Virginia Native American Tribes Unique Recognition, Authentication and Listing Act Neutral The ACLU supports recognition of indingenous people and expanded opportunities for those communities. We will monitor this legislation to ensure it does so.
HB 2112 Prohibiting provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil action Support This bill prohibits nondisclosure of information relating to sexual misconduct in suits that result in settlement agreements. This can help to expose repeat sexual harassers.
HB 2114 Prohibiting civil rights violations based on disability, gender identity or sexual orientation Support This 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.
HB 2118 Providing school days to register and transport eligible students to vote Support This 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.
HB 2119 Relating to electioneering or distributing literature at early voting locations Support The 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.
HB 2120 Ensuring health insurance coverage for residents with preexisting conditions Support Although 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.
HB 2121 Katherine Johnson and Dorothy Vaughan Fair Pay Act of 2020 Support This 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.
HB 2122 Implementing The Agreement Among the States to Elect the President and Vice President by National Popular Vote Support This 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.
HB 2128 Family Protection Act Support This bill would provide three months of paid leave for certain county employees.
HB 2135 Providing that political party caucus meetings are not exempt from open proceedings requirements Neutral This 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.
HB 2138 Defend the Guard Act Support This 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.
HB 2141 Relating to participation in school sports Oppose This 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.
HB 2147 Providing that the Division of Motor Vehicles identification cards be issued at no cost Support This 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.
HB 2156 Relating generally to the payment of salary or wages under the Parental Leave Act Support This bill provides for paid family leave which the ACLU supports.
HB 2157 Forbidding displays relating to sexuality in public school facilities and forbidding the teaching of sexuality in public schools Oppose This bill prohibits displays or the teaching of "sexuality". Age-appropriate, inclusive sexual education is important.
HB 2160 Issuing identification documents to homeless individuals residing at homeless shelters Support This 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.
HB 2164 Requiring certain municipalities to pay for the incarceration of inmates Oppose This 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.
HB 2169 Life at Conception Act of 2021 Oppose This bill would extend constitutional rights to fetuses. Nothwithstanding other practial considerations, this would severely limit access to a variety of reproductive healthcare options.
HB 2171 Vulnerable Child Protection Act Oppose This 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.
HB 2174 West Virginia Monument and Memorial Protection Act of 2021 Oppose This 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.
HB 2177 Permitting the issuance of a state issued identification card without a photo on the card under certain conditions Support This 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.
HB 2178 Facilitating Business Rapid Response to State Declared Disasters Act of 2021 Neutral This 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.
HB 2181 Allowing a personal income tax deduction for a stillborn child Oppose This 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.
HB 2182 Relating to the Ryan Brown Fund Support This 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.
HB 2184 Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug Oppose This bill increases criminal penalties if police, firefighters, EMTs, or other first responders are exposed to drugs. The ACLU opposes increasing criminal penalties.
HB 2185 State Settlement and Recovered Funds Accountability Act Support This bill requires greater transparency for the use of funds that the state recieves through litigation and settlement. The ACLU supports government transparency.
HB 2194 Establishing the Minority Health Advisory Team Support This 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.
HB 2198 Prohibiting employees of the state who have convictions for driving under the influence from driving or operating state owned vehicle Oppose This 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.
HB 2201 Repealing the section of code relating to unlawful military organizations Oppose Militias are banned under federal law and the West Virginia Constitution.
HB 2202 Creating the West Virginia Intrastate Commerce Improvement Act Oppose The bill would invalidate municipal ordinances extending non-discrimination protection to LGBTQ individuals.
HB 2215 Allowing a group of affiliated voters to become a recognized political party under certain criteria Support This 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.
HB 2218 Creating an enhanced penalty for certain aggravated serious traffic offenses Oppose This bill would create enhanced penalties for certain traffic offences if a minor was involved. The ACLU opposes sentence enhancements.
HB 2224 Relating to complaints against public agencies to obtain records through the Freedom of Information Act Support This bill allows the Ethics Commission to investigate and santion public entities that do not comply with public records requests. The ACLU supports this move towards more government transparency.
HB 2230 The Healthy and Safe Workplace Act Neutral This 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.
HB 2231 Prohibiting confidential settlement terms of a contested case involving sexual harassment, sexual abuse, or sexual assault in a state administrative proceeding Support This bill prohibits nondisclosure of information relating to sexual misconduct in suits that result in settlement agreements. This can help to expose repeat sexual harassers.
HB 2232 Providing a process by which a city may hold an election to recall an ordinance Oppose This 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.
HB 2235 Relating to net neutrality for state government Support The ACLU supports net neutrality.
HB 2236 Relating to unlawful panhandling and solicitation Oppose This bill is is in direct violation of free speech protections and exaccerbates the criminalization of poverty. For these reasons, the ACLU opposes this.
HB 2238 Granting tax credits for parents and legal guardians whose children are in a home schooling program or private school Oppose This 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.
HB 2239 Restricting the performance of abortions and acquiring, providing, receiving, otherwise transferring, or using fetal body parts Oppose The 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.
HB 2248 Prohibiting payroll deductions to electioneering organizations Oppose This 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.
HB 2257 Relating to extended supervision for certain drug offenders Oppose This 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.
HB 2258 Establishing an intravenous drug user treatment and commitment process Oppose This 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.
HB 2266 Relating to expanding certain insurance coverages for pregnant women Support This 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.
HB 2269 Creating a state-wide email address directory Support This 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.
HB 2270 Transferring the Office of Medical Cannabis to the Department of Agriculture Neutral This 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.
HB 2273 Dividing pretrial detention jail costs between arresting authorities Oppose This 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.
HB 2275 Eliminate the restriction to carry a firearm on the state capitol complex grounds. Oppose This 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.
HB 2277 Establishing an intravenous drug user treatment and commitment process Oppose This 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.
HB 2280 Involuntary drug and alcohol treatment Oppose This 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.
HB 2285 Relating to Capitol Complex Security Access Oppose This 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.
HB 2290 Initiating a State Employment First Policy to facilitate integrated employment of disabled persons Support This 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.
HB 2291 Relating to legalizing cannabis production, sales and adult consumption Support This bill would provide for the legalization and regulation of cannabis in West Virginia. The ACLU supports the end of drug prohibition laws.
HB 2305 Creating a tax credit for hiring an ex-felon Support This bill creates a tax credit for employers who hire former felons who had their records expunged. The ACLU supports efforts to help reentry.
HB 2306 Relating to governmental websites Support This 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.
HB 2310 Relating to death penalty for first degree murder Oppose The ACLU opposes the death penalty.
HB 2320 Relating to mandatory drug testing of all classes of employees in K through 12 schools Oppose This bill would require drug testing of all school employees. The ACLU opposes suspicion-less drug testing.
HB 2321 Education Savings Account Act Oppose The 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.
HB 2328 Relating to criminal trespass Oppose This 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.
HB 2335 Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor Oppose This 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.
HB 2337 Requiring medical insurance providers to include infertility services in their policies Support This bill would require insurance providers to cover fertility services. These services are part of reproductive healthcare and the ACLU supports efforts to expand access.
HB 2339 Applying a stiffer penalty than simple assault or battery for assaults on officials at sporting events Oppose This bill adds harsher penalties for an assault on an athletic official in certain aggravating circumstances. The ACLU opposes the use of sentence enhancements.
HB 2346 Relating to the Medical Cannabis Act Support This 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.
HB 2353 Establishing a tax credit for families who suffer the loss of a stillborn child Neutral Similar 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.
HB 2356 Relating to the use of medical cannabis Support This 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.
HB 2357 Requiring all schools to instruct students on the Holocaust and other genocides Support This 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.
HB 2360 Increase criminal penalty for killing police/corrections officer in the line of duty. Oppose This 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.
HB 2362 Implementing trauma-informed practices in schools Support This 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.
HB 2364 Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer Oppose This 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.
HB 2365 Relating to accessories to a crime Oppose This bill removes exceptions for acesssory after the fact for certain familial relations. The ACLU opposes on the grounds of creating more criminal liability.
HB 2376 Allow concealed carry on and in capitol grounds Oppose This 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.
HB 2377 Apply death penalty for first degree murder of law enforcement officer or first responder Oppose This bill would reinstitute the dealth penalty for first degree murder with aggravating circumstances. The ACLU opposes the death penalty.
HB 2378 Providing enhanced criminal penalties for offenses committed against law-enforcement officers or first responders Oppose This bill creates sentence enhancements for any criminal activity against a police officer. The ACLU opposes sentence enhancements. Police officers are not a protected class
HB 2379 Make criminal invasion of privacy a felony Oppose This bill would increase penalties for criminal invasion of privacy. The ACLU opposes increasing sentences.
HB 2380 Banning convicted sex offenders from driving taxis, ride share, limousines, and buses Oppose This 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.
HB 2485 Public Participation Protection Act Support This 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.
HB 2487 Creating a Campus Mentors pilot program Support This 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.
HB 2492 Increasing the penalty for DUI causing death when a child is present Oppose This 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.
HB 2501 Suspend School Aid Funding Formula implementation until budget year 2024 Oppose This 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.
HB 2504 Create a work/incarceration prison pilot program Neutral This bill would create a pilot program to allow counties to establish a correctional institution where inmates can work and reduce their sentences by 20%.
HB 2509 Make appointment process for Congressional seats the same as that for the US Senate Support This 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.
HB 2517 Removing marijuana as a tested substance from the screening requirements Support This 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.
HB 2520 Requiring the Human Rights Commission, when investigating a complaint of discrimination, to specifically include an examination of the intent of the person Oppose This 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.
HB 2524 Modifying the definition of child abuse or neglect to exclude accidental injury Support This 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.
HB 2525 Requiring all local special elections to be held on the days and hours of general, primary or state-wide elections Support This 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.
HB 2527 Requiring bail bondsman and bail bond enforcer subject to random drug testing Oppose The ACLU opposes suspicionless drug testing.
HB 2534 Authorizing possession and smoking of medical cannabis by approved persons Support This 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.
HB 2538 Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights Act Support This bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
HB 2542 Relating to wages of persons with disabilities Support This 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.
HB 2543 Relating to calculation of the school aid formula based on net enrollment Support This 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.
HB 2545 West Virginia Religious Freedom Restoration Act Oppose While 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.
HB 2546 Relating to education to children and adults housed in correctional facilities and regional jails Support This 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.
HB 2549 Creating the Independent Redistricting Commission of the Joint Committee on Government and Finance Support This 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.
HB 2550 Relating to the cultivation of medical cannabis Support This 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.
HB 2552 Removing the one-time limit on the expungement of certain criminal convictions Support This bill would be to allow people to avail themselves of the expungement process more than once. The ACLU supports efforts that ease reentry.
HB 2553 Relating to the juvenile justice reform oversight committee Support This bill would all the Juvenile Justice Reform Oversight Committee to allocate cost savings from juvenile justice reforms into an account to finance additional reforms.
HB 2555 Relating to required courses of instruction Support This bill requires a more thorough study of certain foundational documents. The ACLU supports efforts that promote civic education.
HB 2557 Increasing access to contraceptive drugs, devices, and procedures Support This 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.
HB 2558 Creating a domestic violence registry Oppose This bill creates a registry for domestic violence. The ACLU opposes the use of registries.
HB 2559 Prohibiting the private ownership or operation of a prison Support This bill prohibits private prisons in West Virginia. The ACLU opposes private prisons and supports this prohibition.
HB 2560 Requiring the Public Employees Agency and other health insurance providers to provide mental health parity Support This bill requires the PEIA insurance program to cover mental health services. The ACLU supports efforts to increase access to healthcare.
HB 2563 Requiring certain municipalities to pay for the incarceration of inmates Oppose This 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.
HB 2564 Requiring free feminine hygiene products in grades 6 through 12 Support This 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.
HB 2572 Requiring elections to increase levies have to coincide with a primary or a general election Support This 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.
HB 2574 Prohibit employers from requiring employees and prospective employees to have devices implanted or otherwise incorporated into their bodies as a condition of employment Support This 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.
HB 2578 Create the Multi-Door Courthouse Act Oppose This 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.
HB 2585 Relating generally to forfeiture of contraband Support This 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.
HB 2587 Relating to drug testing of legislators Oppose The ACLU opposes suspicionless drug testing.
HB 2591 Allowing drug courts to establish their own process for accrediting community drug recovery programs in certain cases Neutral This 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.
HB 2592 Require Counties and Municipalities to hold all local elections during statewide elections Support This 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.
HB 2594 Creating the Unborn Infants Wrongful Death Act Oppose This 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.
HB 2595 Prohibit "divisive concepts" from schools, state agencies and any groups receiving state funding Oppose This 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.
HB 2602 Require special elections to be held same day as primary or general election Support This 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.
HB 2607 Require all registered voters to produce a photo ID to vote in all public office elections Oppose This 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.
HB 2609 Establish quick response teams to work with drug users who are arrested Oppose This 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.
HB 2611 Establishing the Minority Health Advisory Team Support This 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.
HB 2615 Relating to the program for drug screening of applicants for cash assistance Oppose The 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.
HB 2617 An Act to Establish a Cap on Government Red Tape Oppose This 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.
HB 2625 Permitting election day registration of voters Support This 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.
HB 2638 Granting full time employees of county boards of education three months of paid leave following the birth of a child Support This 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.
HB 2640 Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative roles Support This 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.
HB 2642 Reentry Task Force Support This 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.
HB 2643 Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property Oppose This 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.
HB 2650 Establishing a pilot program to develop school-based mental and behavioral health services Support This 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.
HB 2651 Creating a pilot program for expansion of school-based mental health and school-based diversion Support This 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.
HB 2655 Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientation Amendments Needed This 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.
HB 2665 Be Exceptional Starting Today Act Support This bill would legalize and regulate cannabis. The ACLU suppors the legalization of cannabis.
HB 2666 Clarifying who may absentee vote Oppose This 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.
HB 2676 Relating to participation in athletic events exclusively for males and females Oppose This 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.
HB 2678 Providing 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 trial Support This 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.
HB 2689 Granting convicted criminals the right to a retrial if scientific methods used to convict are later determined to be outdated or false Support This 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.
HB 2690 To provide that out of school suspensions be considered "excused" absences Support Treating suspensions as unexcused absences sets youth up to trigger truancy laws. This bill clarifies that students can not face legal consequences for suspensions.
HB 2692 To allow for coverage of addiction telehealth services to out-of-state providers Support This bill allows insurance providers to cover telehealth services for addiction care. The ACLU supports access to recovery for people who want to access it.
HB 2693 Eliminating the Human Rights Commission Oppose This 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.
HB 2697 Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act Support This bill would add protections against discrimination based on sexual orientation or gender identity. The ACLU supports these much-needed protections.
HB 2698 Making it illegal to discriminate based on hair texture or hair style Support This bill clarifies that employment decisions based on hair-styles or textures associated with race constitute racial discrimination.
HB 2702 To require all public high school students to complete and submit a free application for federal student aid (FAFSA) prior to graduation Amendments Needed This bill requires all high school students to complete a FASFA application prior to graduation. While the bill does include a waiver process, it does not make enough exceptions who may be ineligble for FASFA due to immigration status.
HB 2716 West Virginia Public Participation Protection Act Support This 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.
HB 2734 Require all athletes to perform in sport of the sex they were born Oppose This 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.
HB 2738 Bias Motivated Intimidation of Responders Prosecution Act Oppose This 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.
HB 2741 Relating to expansion of the alcohol test and lock program to offenders with a drug related offense Oppose This 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.
HB 2752 Prohibiting discrimination in access to organ transplants based on physical or mental disability Support This 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.
HB 2762 Exempt from this article any actions arising from the practice of elective abortion or elective abortion relates services Oppose This bill would prohibit medical liability for abortion care. This is another barrier to abortion which the ACLU opposes.
HB 2766 Creating a felony crime relating to drug delivery resulting in death Oppose This 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.
HB 2767 Creating a law-enforcement transparency board Support This 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.
HB 2778 Create the Education Tax Credit Oppose Education tax credits are a program that allows public money to be used for private and religious education. The ACLU opposes such schemes.
HCR 5 To 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 law Oppose The ACLU opposes the use of an Article V Convention of the States to propose consitutional amendments due to the lack of precedence and controls.
HJR 2 Providing 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 Senate Amendments Needed This 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.
HJR 5 Allowing citizens to participate directly in the formation of legislative districts Support This 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.
HJR 16 Term Limits for Senators and Delegates in the West Virginia Legislature Oppose The 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.
HJR 20 Allowing an elected state official to be a government employee or employee of a public school, college, or university Support The 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.
HR 7 A resolution condemning the "Defund the Police" movement. Oppose This 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.
SB 4 Creating Intermediate Court of Appeals Oppose While 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.
SB 7 Limiting political activity by public employees Oppose This bill significantly limits when public employees are allowed to engage in political activity. This is constitutionally suspect as restriction on free speech.
SB 8 Relating to castle doctrine and self-defense standards Oppose This 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.
SB 11 Declaring work stoppage or strike by public employees to be unlawful Oppose This bill would prohibit strikes by teachers. The ACLU supports the rights of organized labor.
SB 13 Protecting rights of conscience for child welfare services providers Oppose This 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.
SB 16 Providing continued eligibility for developmental disability services to dependents of military members Support This bill expands the eligibility for certain support services to some individuals. The ACLU supports providing these services.
SB 17 Requiring certain disclosures of election expenditures Oppose This bill requires disclosure of donors to groups engaging in political expenditures. The ACLU has long supported the right to free anonymous political speech.
SB 18 Allowing workers' compensation for first responders diagnosed with PTSD due to event during employment Support This bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
SB 19 Designating DHHR social workers to promote school attendance and performance Support This 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.
SB 23 Requiring county boards of education establish program for random drug testing of student drivers and student athletes Oppose The ACLU opposes the use of suspicion-less drug tests as a violation of privacy rights.
SB 24 Limiting liability of employers in cases where certain crime convictions are expunged Oppose Limiting 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.
SB 25 Requiring minors in possession of marijuana and their parents to attend classes on danger of marijuana Oppose This 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.
SB 26 Limiting penalty for possession of marijuana to no more than $1,000 without confinement Support This is a form of cannabis decriminalization that ends incarceration for cannabis posession. The ACLU supports this bill, though urges bolder reforms.
SB 27 Allowing voters who register in person with county clerk to vote during early in-person voting Support This bill expands voting opportunities by allowing people to register to vote at their County Clerk's office during the early voting period.
SB 28 Creating Tim Tebow Act Oppose This 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.
SB 33 Creating State Settlement and Recovered Funds Accountability Act Support This bill requires greater transparency for the use of funds that the state recieves through litigation and settlement. The ACLU supports government transparency.
SB 35 Requiring establishment of paternity before awarding DHHR benefits Oppose This 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.
SB 40 Ensuring insurance coverage for residents with preexisting conditions Support Although 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.
SB 43 Relating to Pay Transparency Act of 2021 Support This 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.
SB 48 Prohibiting employment of unauthorized employees in construction industry Oppose This 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.
SB 49 Requiring PACs disclose contributors' names and addresses to Secretary of State Oppose This 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.
SB 54 Permitting photo identification on voter registration cards Neutral This 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.
SB 56 Eliminating requirement that schools be closed on election days Oppose Removing 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.
SB 73 Prohibiting discrimination in access to organ transplants based on physical or mental disability Support This 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.
SB 74 Creating Human Life Non-Discrimination Act Oppose This 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.
SB 87 Enacting WV Human Life Protection Act Oppose This bill would prohibit virtually all abortions. The ACLU strongly supports the right to abortion.
SB 90 Creating Education Savings Account Act Oppose The 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.
SB 96 Creating online voters' guide Support This bill would require the secretary of state to create an online voter guide. The ACLU supports efforts to increase voter education.
SB 108 Prohibiting racial discrimination based on certain hair textures and hairstyles Support This 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.
SB 109 Prohibiting civil rights violations Support This 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.
SB 110 Adjusting distance from polling place certain election-related activity is prohibited Oppose This 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.
SB 116 Drug testing of legislators Oppose The ACLU opposes suspicionless drug testing.
SB 118 Require parental notification of minors being prescribed contraceptives Oppose This bill would require parents to be notified if a minor is prescribed contraceptives. This bill violates medical ethics, privacy rights, and is potentially dangerous.
SB 122 Allowing counties to hold inmates under certain circumstances in county jail Oppose This 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.
SB 227 Creating position of homeless education coordinator in certain counties Support This 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.
SB 229 Implementing system for ranked choice voting for election of justices to WV Supreme Court of Appeals Support This 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.
SB 230 Prohibiting civil rights violations Support This 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.
SB 231 Relating generally to medical cannabis Support This 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.
SB 234 Ensuring coverage for residents with preexisting conditions Support Although 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.
SB 237 Implementing trauma-informed practices in schools Support This 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.
SB 251 Creating Living Infants Fairness and Equality Act Oppose This bill would treat fetuses as fully naturalized persons, including for counts in censuses. This bill is designed to undercut reproductive care.
SB 252 Relating to unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act Support This bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
SB 254 Adding definitions of "sexual orientation" and "gender identity" to categories covered by Human Rights Act Support This bill would expand nondiscrimination protections in housing, employment and public accomodations to LGBT people. The ACLU supports this long-overdue protection.
SB 256 Prohibiting insurers from denying coverage as result of preexisting condition Support Although 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.
SB 260 Establishing Minority Health Advisory Team Support This 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.
SB 262 Requiring certain municipalities pay for incarceration of inmates Oppose This 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.
SB 264 Relating generally to licenses to sell paraphernalia for use with controlled substances Oppose This 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.
SB 272 Relating to WV Employment Law Worker Classification Act Neutral This 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.
SB 275 Relating generally to WV Appellate Reorganization Act of 2021 Oppose While 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.
SB 285 Requiring parental notification of school-based dispensaries of contraceptives to minors Oppose This 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.
SB 287 Requiring county boards of education to provide free feminine hygiene products in grades six through 12 Support This 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.
SB 288 Creating Katherine Johnson Fair Pay Act of 2021 Support This 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.
SB 291 Exempting certain hygiene products from sales tax Support This 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.
SB 292 Relating to disclosure of fundraising contributions during legislative session Support This 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.
SB 302 Prohibiting gender-based price discrimination Support This 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.
SB 304 Requiring Secretary of State maintain online database of religious organizations Oppose This 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.
SB 310 Providing for nonpartisan elections of county prosecuting attorneys Support This 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.
SB 312 Allowing state and federal criminal history record check of each adult living in residence when minor child is placed there due to emergency Neutral This 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.
SB 316 Eliminating suspension of driver's license for failure to pay court fines and costs Support This 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.
SB 319 Relating to establishing Community Health Equity Initiative Demonstration Project Support This 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.
SB 320 Allowing workers' compensation benefits for first responders diagnosed with PTSD Support This bill allows first responders to receive workers compensation for post-traumatic stress disorder. This is an expansion of disability rights.
SB 322 Relating generally to the payment of salary or wages under the Parental Leave Act Support This bill provides for paid family leave which the ACLU supports.
SB 328 Collecting and analyzing statistical information pertaining to terminating pregnancies under Medicaid Program Oppose This 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.
SB 332 Providing procedure for WV to select delegates to Article V Convention Oppose This 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.
SB 333 Establishing WV Freedom of Conscience Protection Act Oppose This 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.
SB 334 Establishing license application process for harm reduction programs Oppose This 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.
SB 337 Creating Life at Conception Act of 2021 Oppose This 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.
SB 340 Requiring all local special levies be held on regularly scheduled statewide election ballot Support This 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.
SB 341 Requiring participation in athletic or sporting events be based on athlete's biological gender Oppose This 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.
SB 345 Expanding alcohol test and lock program to include offenders with drug-related offense Oppose This 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.
SB 351 Declaring Israel as prominent trading partner Oppose This 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.
SB 355 Relating to emergency powers of Governor Neutral This 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.
SB 364 Limiting use of wages by employers and organizations for political activities Oppose This 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.
SB 367 Relating to advertisements from political candidates Support This bill requires newspapers to publish all advertisments by political candidates. The ACLU supports providing equal access to the media.
SB 369 Permitting civil actions against social media sites for censorship Oppose This 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.
SB 378 Requiring participation in drug court program for certain offenders Oppose Currently, 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.
SB 387 Relating to drug screening of applicants for cash assistance Oppose The 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.
SB 392 Creating penalty for impersonation of law-enforcement officer or official Oppose This bill would add a period of incarceration for the crime of impersonation of an officer. The ACLU opposes increasing criminal penalties.
SB 409 Transferring child welfare enforcement responsibilities to State Police Oppose This 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.
SB 411 Requiring probationers who served 10 or more years to participate in work release program Oppose The 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.
SB 414 Requiring DHHR file petition to terminate parental rights under certain circumstances Oppose This 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.
SB 416 Creating Fetal Heartbeat Act Oppose This 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.
SB 418 Creating Small Business and Minority Populations Economic and Workforce Development Taskforce Support This 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.
SB 423 Prohibiting abortion coverage in certain qualified health care plans Oppose This bill would prohibit certain insurance plance to pay for abortion. This reduces the ability to access abortion. The ACLU opposes this.
SB 469 Permitting appearance by video for purpose of notarial act Support This 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.
SB 470 Limiting release of certain personal information maintained by state agencies Oppose This 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.
SB 476 Requiring hospitals to staff qualified personnel to perform sexual assault forensic exams Support This bill ensures proper training equipment for medical staff working with sexual assault surviors. The ACLU supports this.
SJR 3 Protection of Electronic Communication and Data Amendment Support This proposed amendment would specifiy that proections against search and seizure apply to electronic communications as well.
SJR 4 Incorporation of Churches or Religious Denominations Amendment Support This 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.
SJR 10 Limiting the Terms of Members of the House of Delegates Amendment Oppose This 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.