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
HB2002Relating to providing support for familiesAmendments NeededThis bill provides new parents with $4,000. It also provides funding to family support organizations. However, the current bill limits funding to organizations that do not follow best practices and that may promote religion. The ACLU would like to see funding go to organizations with evidence-based practices, and opposes funding religious organizations.
HB2003Providing early childhood assistant teachers and systems of support to help students achieve grade level literacy and numeracy by end of third gradeSupportThis bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
HB2004Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conductNeutralThis bill limits the ability to disclose financial information based on the type of constitutionally-protected activity that is being monitored. The ACLU will monitor and assess this legislation with an eye towards preventing unmerited surveillance.
HB2006Relating to reorganizing the Department of Health and Human ResourcesNeutralThis bill reorganizes DHHR. The ACLU is neutral on reorganizing or breaking up DHHR. However, we will monitor all legislation related to this to ensure there is no interruption or loss of quality in essential human services, and to ensure that this follows a thoughtful and transparent process.
HB2007Prohibiting certain medical practicesOpposeThis bill prohibits certain gender affirming care for minors. The ACLU supports allowing physicians and patients to follow best medical practices for gender affirming care.
HB2008Requiring 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.
HB2009Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergencyAmendments NeededThis bill modifies the emergency powers act by requiring more specific findings for certain emergency declarations and actions, requiring legislative notice and approval for prolonged emergencies, and reiterating that emergency orders cannot circumvent constitutional rights. The ACLU supports the protection of rights, and the expansion of a transparent democratic process. However, thi bill is different from similar legislation in that it creates a blanket prohibition on closing religious institutions. The government should not interfere with the operation of religious institutions, however there may be exigent situations, where it is appropriate, so this prohibition is too broad.
HB2016Relating to confidential childcare recordsSupportThis bill allows various agencies and facilities to share confidential records with each other for providing services for a child. Lack of continuity of care is one problem in our system and this will help to address that issue.
HB2018Permitting the managed care case coordinator to attend the multidisciplinary team meetingSupportThis bill allows case coordinators to be part of multidisciplinary team meetings. Ensuring that a person with familiarity of care can help provide more informed decisions for kids who are justice-impacted.
HB2019Making Delta-8 and Delta-7 controlled substancesOpposeThis bill says that any manufacture, distribution, or possession synthetic versions of any substance found in Schedule I or II of WV's Controlled Substance Act is a felony. The ACLU opposes the expansion of the War on Drugs.
HB2023To expand funding for school safety use CARES and infrastructure fundsOpposeThis bill uses CARES act funds for school safety features. Schools should not be fortresses or prisons. Too often enhanced security bolsers the school-to-prison pipeline. Funds should be used to provide more supports and services for students.
HB2027Require and make mandatory the full involvement of local law enforcement in the person-to-person presentation of an eviction noticeOpposeThis bill would require a law enforcement officer to deliver eviction notices. The ACLU opposes the expansion of law enforcement duties.
HB2028Establish quick response teams to work with drug users who are arrestedAmendments NeededThis bill requires the development of quick response teams to narcotics overdoses. The current language requires work in recovery facilities or jails. This language should be expanded so as not to limit requiring people to be incarcerated or committed to work with a team.
HB2033Relating to unsafe real propertyAmendments NeededThis bill allows local government officials to identify and recommend for removal properties deemed to be a public nuisance. Although there is a notice requirement, it is a very short notice for what may constitute a substantial taking. The use of a governing body also raises the potential for misuse.
HB2035Providing tax credits for hiring those in recovery for substance abuseSupportThis bill provides tax credits for employers who hire people in substance abuse recovery. People recovering from substance abuse face many barriers, and the ACLU supports removing or mitigating barriers to full social participation.
HB2036Allow Religious Exemptions for vaccinesOpposeThis bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB2037Create a prison work pilot programSupportThis bill would allow a prison work pilot program that, upon completion would allow participants to get a 20% reduction in their sentence. This is a bill the aims to reduce sentences and encourage rehabilitation.
HB2038Refer instances of election fraud to the attorney general for prosecutionOpposeThis bill allows the Secretary of State to refer cases of election fraud to the Attorney General if a local prosecutor declines to take the case. Bona fide voter fraud should be investigated and prosecuted. However, the Attorney General is a much more political position and should not be able to pick and choose a prosecutor.
HB2041Authorize municipal courts to request the suspension of a driver's license of a person who does not pay outstanding fees and costsOpposeThis bill allows a person's licence to be suspended for unpaid fines and fees. Removing a person's ability to commute makes them less likely to be able to pay fees. The proliferation of fines and fees is one of the ways poverty is criminalized.
HB2043Creating a Small Business and Minority Populations Economic and Workforce Development TaskforceSupportThis bill creates a task force to help foster economic development and entrepreneurship in minorities in West Virginia. The ACLU supports efforts to help undo larger system barriers to persisting inequities.
HB2044Creating a litigation practice license for social workersSupportThis bill creates a license for social workers to work in child abuse and neglect cases to help arrange and coordinate supports and services to reduce removals and out-of-home placements.
HB2045Dividing pretrial detention jail costs between arresting authoritiesSupportThis bill shifts the financial burden of pretrial detention onto the jurisdiction that conducted the arrest. This creates a financial incentive not to over-arrest, and to find alternatives to pre-trial detention.
HB2046Permitting a licensed physician to grant a medical exemption from the required immunizations for a child to enter a school or a state-regulated child care centerOpposeThis bill changes the process to get a waiver from mandatory vaccines and removes some vaccines from the mandatory list. Reducing vaccines makes schools more dangerous and inaccessible for medically fragile children who cannot be vaccinated.
HB2052Prohibit businesses from having licenses revoked for not requiring masksOpposeThis bill would prohibit businesses from losing their licences under an emergency order that required the use of facemasks. During the COVID-19 pandemic facemasks helped allow immunocompromised people to access goods and services in a dangerous world. This also undercuts the ability to act in unforeseen crisis.
HB2053Require governmental meetings to have agendas posted on websites three days prior to the meetingSupportThis bill requires government meetings to have agendas posted online three days prior to the meeting. This provides adequate time and notice of important issues.
HB2056Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service.OpposeThis bill requires parolees and probationers who are found to have a history of substance abuse to participate in a treatment program as a condition of their release. This does not consider whether the abuse was recent, or if substance abuse treatment is necessary or available. Requirements such as this should be individually tailored.
HB2058Relating to requiring a court to verify certain conditions are met before a child who has been removed from a home may be returned to that home.OpposeThis bill requires that parents are successfully completing a substance abuse treatment program prior to reunification with children. This bill creates a barrier to the underlying goal of reunification. Matters should be resolved on a case-by-case basis that considers all circumstances, rather than creating blanket requirements.
HB2067Firearm Protection ActOpposeThis bill prohibits state officials or firearms dealers from following any federal firearms law. This is a direct violation of the Supremacy Clause of the Constitution.
HB2071Taxation With Representation ActOpposeThis bill allows people who live outside municipalities to vote in municipal elections if they pay fees for municipal services. This distorts the votes of actual residences of the jurisdiction, and is likely to dilute minority votes.
HB2072Relating generally to forfeiture of contrabandSupportThis bill ends the practice of civil asset forfeiture. Instead a person must be convicted or a crime in order for their property to be taken by the government.
HB2074Places of worship may not be shut down by state of emergencyOpposeThis bill prohibits closing places of worship during declared emergencies. As a general rule places of worship should not be interfered with, however this proposal could interfere with appropriate, narrowly tailored circumstances.
HB2080To amend the laws relating to overtaking and passing school buses in West VirginiaOpposeThis bill allows a citation and charge to be issued to the owner or licensee of a vehicle instead of the operator. The ACLU opposes penalizing people who have not committed any crime.
HB2085Affordable broadband access for seniors, low income, and disabled persons due to fixed, minimum, or moderate incomesSupportThis bill provides affordable broadband for people with disabilities, among others. Internet access is increasingly important and ensuring access for people with disabilities is an important equitable outcome.
HB2089To make Juneteenth a paid holiday for all state workersSupportThis bill would make Juneteenth a paid state holiday. This is a small step towards acknowledging the racial harms in our country and celebrating the end of an institution antithetical to our Nation's values.
HB2090All state buildings and rest areas within WV have sharp containersSupportThis bill requires state buildings to have sharps containers. This stigmatize people with medical conditions that require injectable medications.
HB2091Decriminalization and legalization of cannabis with a taxing mechanism to bring more revenue to the stateSupportThis bill would legalize cannabis. The ACLU supports ending the War on Drugs.
HB2092To clarify that impermissible discrimination includes discrimination based on certain hair textures and stylesSupportThis bill clarifies that racial discrimination includes discrimination on the basis of hair styles and textures. The ACLU strongly supports this clarification.
HB2096Repeal right to workSupportThe ACLU opposed the "Right to Work" law. We support the repeal of that law.
HB2097Creation of a Higher Education Prison Task ForceSupportThis bill creates a task force to study the higher education services in correctional facilities, and to make recommendations to improve services. Providing education is a way to facilitate reentry.
HB2100Medical Facility Protection ActOpposeThis bill prohibits impeding or hindering someone from entering a facility that provides medical services. However, the language is too broad and could be used to prohibit other protected expressive actions.
HB2101Relating to obtaining an appropriate gender marker for state documentsSupportThis bill would allow people to get state documents that are consistent with their gender identity. The ACLU supports this.
HB2102End qualified immunitySupportThis bill ends qualified immunity for law enforcement officers. The ACLU supports proposals that allow people to seek justice for misconduct and abuse.
HB2104Right to keep and bear armsOpposeThis bill prohibits state officials or firearms dealers from following any federal firearms law. This is a direct violation of the Supremacy Clause of the Constitution.
HB2105Right to travel billSupportThis bill prohibits emergency orders from preventing West Virginians from entering or leaving the state. The right to travel and move are essential freedoms.
HB2108Prohibit parents from being restricted from monitoring virtual public education classroomsOpposeThis bill prohibits schools from restricting parents from monitoring virtual classrooms. While parents should generally be able to monitor virtual classrooms, this raises issues where the restriction may be related to privacy protections for other students.
HB2109Requiring the Public Employees Agency and other health insurance providers to provide mental health paritySupportThis bill requires PEIA to cover certain mental and behavioral health services at the same rate as other services. The ACLU supports greater access to health services
HB2110Creating a domestic violence registryOpposeThis bill create a registry of people who have multiple convictions for domestic violence. The public would be able to make inquiries about individuals. The ACLU opposes the use of registries.
HB2111Increasing access to contraceptive drugs, devices, and proceduresSupportThis bill requires insurance plans to cover contraceptive drugs and procedures, and requires that people be able to receive a 12-month supply of medication.
HB2112Create a Police Officer's Bill of RightsOpposeThis bill creates a number of rights for a law enforcement officer, including employment restrictions and misconduct investigations. Notably the bill creates a variety of barriers to finding and enforcing accountability against law enforcement officers. The ACLU believes in due process protections for law enforcement officers. But bills like these often go beyond that to create procedural and practical barriers to accountability.
HB2113Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuseOpposeThis bill increases the penalties for the crimes of child abuse and neglect and provides enhancements for multiple convictions. While preventing abuse and neglect are important aims, the ACLU opposes the creation of harshing sentencing laws which lead to mass-incarceration.
HB2114Allowing the concealed carry of firearms on and in Capitol groundsOpposeThis bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
HB2122Relating to custodial interrogation of a childSupportThis bill provides minimum procedural requirements for questioning children by police. It also limits the admissibility of statements given when procedures are not followed, the ACLU supports robust due process protections, particularly for children.
HB2125Eliminating the Human Rights CommissionOpposeThis bill would eliminate the WV Human Rights Commission and stop state support for local human rights commissions. It would allow claimants to take a case to circuit court instead. The ACLU opposes this because the human rights commission provides an expedited and easier venue to have important issues of civil rights heard.
HB2129Relating to extended supervision for certain drug offendersOpposeThis bill would require up to 10 years of extended supervision for certain drug offenses. Extended supervision is an expensive, invasive, system that often drags people back to incarceration for minor issues or technical violations. The ACLU opposes this legislation.
HB2131Prohibiting payroll deductions to electioneering organizationsOpposeThis bill makes it harder for organizations that represent groups, including organized labor to collect fees and dues. This is meant to limit collective political speech.
HB2133Granting tax credits for parents and legal guardians whose children are in a homeschooling program or private schoolOpposeThis bill creates a tax credit for parents with children who are being home schooled or private schooled. Although this program is different than an education tax credit, which is limited to education-related expenses, the ACLU concerns that this allows state funds to be channeled into religious programs remains with.
HB2140Relating to insurance coverage for breast cancer screeningSupportThis bill provides standards and requirements for insurance coverage of breast cancer screenings. The costs of these screenings disproportionately falls on women, and providing coverage helps to level the playing field as well as provide an important public health service.
HB2141Creating the Police Partnering with Communities ActSupportThis bill creates a financial incentive for police to live in economically distressed areas where they work. The bill is designed to address a concern that the people policing disadvantaged communities do not have strong ties to the community and that can make violence more common. The ACLU supports efforts to address police violence.
HB2142Providing for the reintegration of inmates in correctional facilitiesSupportThis bill requires the Division of Corrections to work with residents in correctional facilities to get documents such as birth certificates and drivers licences, if eligible. Not having these documents is often a barrier people encounter upon reentry and the ACLU supports effort to address this.
HB2143Screening for adverse childhood experiencesSupportThis bill requires insurers to cover screenings for adverse childhood experiences. This experiences have been linked to a number of negative outcomes including justice involvement. Screening can help identify at-risk youth and connect them with supports and services prior to that point.
HB2145Be Exceptional Starting Today ActSupportThis bill would create a regime to legalize and regulate cannabis. The ACLU supports ending the War on Drugs.
HB2150Requiring parents or guardians to participate in programs for juveniles in an out-of-home placementOpposeThis bill requires that parents or guardians participate in programs as part of a child removal or out-of-home placement. The ACLU strongly supports efforts to reduce removals and increase reunification. We recognize that this often requires cooperation with supports and services to the whole family. However, such decisions should be made on a case-by-case basis, and not established as a blanket rule.
HB2151Relating to accessories to a crimeSupportThis bill reduces the charges and sentencing for family members and others who are considered accessories after the fact to a crime. This helps to reduce over-incarceration, particularly for people who were not directly engaged in criminal activity.
HB2155Defend the Guard ActSupportThis bill prohibits the WV National Guard to be deployed to a foreign combat zone without a congressional declaration of war. The ACLU supports relying on the constitutional requirement that we have Congressional declarations of war.
HB2162Require medical malpractice insurers to establish a separate insurance pool for doctors who conduct abortionsOpposeThis bill would require insurers to provide a separate pool for physicians who provide abortions. The bill also prohibits insurance premiums to be lower than they would be otherwise. This bill makes it harder for medical providers who perform abortions to get insurance coverage. The ACLU would oppose this in any circumstance, but providers now are only performing emergency procedures so this law would be even more dangerous.
HB2164Stop Social Media Censorship ActOpposeThis bill creates a private cause of action for social media removing or blocking any content promoting a religious or political viewpoint. The ACLU recognizes the growing importance of social media as a public platform. However, social media companies are private corporations that have a right to monitor and control the content on their sites.
HB2172Allow local governments to hold property owners more accountable for upkeep of buildingsOpposeThis bill allows local government officials to identify and recommend for removal properties deemed to be a public nuisance. Although there is a notice requirement, it is a very short notice for what may constitute a substantial taking. The use of a governing body also raises the potential for misuse.
HB2181To establish a state animal abuse registerOpposeThis bill would create a registry for people convicted of animal abuse. They must register annual and pay fees. This creates additional legal obligations on people long after they have served their sentence. These obligations can bring people back into the criminal system.
HB2182To acknowledge that the mental health of higher education students is of paramount importance, and due to a variety of issuesSupportThis bill requires public institutions of higher education to make a plan to identify and treat students with mental health needs. The ACLU recognizes mental and behavioral health services often help divert at-risk people from the legal system. So the ACLU supports expansion of these services.
HB2184Permitting election day registration of votersSupportThis bill allows voter to register to vote on election day. The ACLU supports removing barriers to voting, and voter registration deadlines are a barrier.
HB2189To create the "Protection of Property from Warrantless Searches Act."SupportThe bill recodifies and strengthens warrant requirements for search and seizure on private property. The ACLU supports these protections.
HB2190Relating to eligibility for workers' compensation benefits by requiring blood test after traumatic injury to determine intoxicationOpposeThis bill requires a blood test of any person involved in a workplace injury. Refusal to consent to the blood test renders the person ineligible for Worker's Compensation. Requiring blood samples is an invasion of privacy, and the mere fact that the person was in an accident is not sufficient cause to merit this invasion.
HB2192Relating to health insurance for living organ donorsSupportThis bill prohibits insurers from denying coverage or services on the basis of being an organ donor. The ACLU recognizes the importance of access to medical care regardless of medical status.
HB2196To remove opioid treatment programs from requiring a certificate of needSupportThis bill removes a moratorium on medication-assisted treatment programs, and adds opioid addiction treatment services back into the exemptions from the certificate of need program. We support the expansion of treatment options as an alternative to relying on incarceration.
HB2201State Living Donor Protection ActSupportThis bill prohibits insurers from denying coverage or services on the basis of being an organ donor. The ACLU recognizes the importance of access to medical care regardless of medical status.
HB2202Creating the WV Community Development Equity FundSupportThis bill directs the West Virginia Economic Development Authority to assist African-American and minority business ownership. The ACLU supports efforts that help to undo racial disparities.
HB2204Increasing criminal penalties for certain crimes against houses of worshipOpposeThis bill creates enhanced sentences for crimes against houses of worship. While the ACLU supports robust protections of the right to worship freely, the ACLU opposes increasing sentences to achieve this aim. Furthermore, existing state and federal laws already provide protections for targeting religions.
HB2210Require all registered voters to produce a photo ID to vote in all public office electionsOpposeThis bill requires voters to have a photo ID to vote. Voter ID laws address a virtually non-existent threat of in-person voter fraud, while making it substantially harder for marginalized people to vote.
HB2214Require special elections to be held same day as primary or general electionSupportThis bill requires special elections to be held on the same day as other statewide elections. This makes it easier for people to know when elections are, and to participate.
HB2215Require all public contracts be publicly advertisedSupportThis bill requires any public entity that enters into a contract to make the contract public. The ACLU supports transparency.
HB2217Relating to natural immunity or antibodies to any illness to be treated as equal or better to vaccine induced immunityOpposeThis bill provides that any person who has been infected by an illness or treated with antibodies is to be considered vaccinated for any legal purpose. This bill in contrary to existing science and health standards and puts people who cannot be vaccinated at risk in a variety of settings where certain vaccines are legitimately required.
HB2218Distracted Driving ActOpposeThis bill enhances penalties, including adding jail time for using devices while driving. The ACLU opposes expanding the use of incarceration.
HB2219Relating to permitting medical cannabis to be dispensed in edible formSupportThis bill allows medical cannabis to be dispensed in edible form. The ACLU supports reducing the criminalization of cannabis.
HB2225Requiring each county school board to employ at least one full time school nurseSupportThis bill requires every public school to have a nurse. Providing appropriate health and support services is an essential part of making a safe and supportive learning environment.
HB2226Make criminal invasion of privacy a felonyOpposeThis bill amends West Virginia's "revenge porn" law to increase the penalties. The ACLU opposes expanding the use of incarceration.
HB2229Increasing transparency in the apportionment process for congressional and legislative districtsSupportThis bill requires legislative redistricting go through a series of public hearing around the state, and provide better notice about the maps that are going to be used. The ACLU supports a more transparent, less partisan process for drawing legislative districts.
HB2233Make all state inmates regardless of sex members of the state convict road forceSupportThe ACLU opposes any sex-based discrimination. However the ACLU has concerns about prison labor.
HB2235Relating to the juvenile justice reform oversight committeeSupportThis bill requires a state-created committee reviewing juvenile justice reforms to calculate cost savings and make recommendations for cost savings into further reforms and investment in infrastructure to support reforms.
HB2236Removing the one-time limit on the expungement of certain criminal convictionsSupportCurrently people petitioning for expungement may only petition once. This removes that cap. Once a person has served their sentence, they should have an opportunity to rebuild their life. This is a way to ensure they have that ability.
HB2238Relating to the cultivation of medical cannabisSupportThis bill expands the forms in which medical cannabis can be distributed and allows for people with a medical cannabis card to grow small amounts at home. The ACLU supports removing restrictions on cannabis.
HB2239Creating 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 redistricting and removing political influence from the drawing of political districts.
HB2241Relating to education to children and adults housed in correctional facilities and regional jailsSupportCurrently the state is required to provide education to incarcerated people, but the requirement is contingent on funding. This bill removes the contingent of funding, making it an absolute requirement. This is part of establishing an emphasis on rehabilitative services.
HB2243Creating a process by which voters may recall a county ordinance in a special electionOpposeThis bill requires counties to hold special elections on duly passed legislation if 15% of the voters signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB2244Providing a process by which a city may hold an election to recall an ordinanceOpposeThis bill requires municipalities to hold special elections on duly passed legislation if 15% of the voters signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB2246Relating to unlawfully using electronic communication devices while drivingOpposeThis bill enhances penalties, including adding jail time for using devices while driving. The ACLU opposes expanding the use of incarceration.
HB2247Relating to reorganizing the Department of Health and Human ResourcesNeutralThis bill would reorganize DHHR. The ACLU will monitor this to ensure that proper procedures and policies are put in place to ensure that essential services are not interrupted.
HB2251Increasing penalties sexual offensesOpposeThis bill increases the penalties for certain sexual offenses, primarily by making all sentences determinate. The ACLU opposes measures that will increase mass incarceration.
HB2252Relating to establishing criminal penalties for human traffickingOpposeThis bill increases the penalties for human trafficking offenses, by making all sentences determinate. The ACLU opposes measures that will increase mass incarceration.
HB2261Relating to the special community development school pilot programSupportThis bill provides more support and technical expertise for an existing pilot program to provide more educational services to minority and underachieving students.
HB2262Permitting 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.
HB2264Establishing the Minority Health Advisory TeamSupportThe bill creates a team to provide advice on improving health and social determinants of health to minority communities that continue to experience health disparities. The ACLU supports proactive efforts to reduce racial disparities.
HB2265Prohibiting the private ownership or operation of a prisonSupportThis bill prohibits the private ownership or operation of prisons. Private prisons create a financial incentive to incarcerate people, so the ACLU fully supports ensuring that this does not happen.
HB2266Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights Act and WV Fair Housing ActSupportThis bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB2267Authorizing possession and smoking of medical cannabis by approved personsSupportThis bill permits the possession and smoking of cannabis flowers under a valid medical cannabis card. The ACLU supports removing restrictions and criminalization of cannabis.
HB2276Issuing identification documents to homeless individuals residing at homeless sheltersSupportThis bill provides identification cards to people in homeless shelters. State-issued ID's are required for many things, and fees can be a barrier to access.
HB2280Relating to the criminal offense of desecration of graves and vandalizing cemeteriesNeutralThis bill adds community service to the sentence for desecration of graves. The ACLU supports the use of alternatives to incarceration and restorative measures. However these should be in lieu of incarceration, not in addition to incarceration.
HB2286Making expungement of records for certain defendants found not guilty or have had charges dismissed to occur without petitioning the courtSupportThis bill provides that a person who is found not guilty of a criminal charge or has a charge dropped or dismissed has their record automatically expunged unless challenged by the prosecutor. Even unsubstantiated charges can be a barrier for people in a variety of ways. Expunging those records is a common sense way to protect the rights of people who have not been found guilty of a crime.
HB2287Requiring sharps containers in all state buildings and facilities where the public is allowedSupportThis bill requires state buildings to have sharps containers. This stigmatize people with medical conditions that require injectable medications.
HB2289Authorizing 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.
HB2290Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing ActSupportThis bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB2293Life at Conception Act of 2023OpposeThis bill seeks to redefine life as beginning at conception. This assertion creates a number of legal obligations and barriers that create unrealistic obligations on the state and on pregnant people.
HB2294Allow guns to be carried on capitol groundsOpposeThis bill would allow firearms on Capitol Grounds. This public space is often used for public demonstrations, and allowing firearms can having a chilling effect on free speech.
HB2301Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientationSupportThis bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB2312Relating to abortions after detection of an unborn child's heartbeatOpposeThis bill would prohibit abortions after a heartbeat is detected. A similar law has already been passed, nonetheless, the ACLU remains staunchly opposed to any restrictions to abortion.
HB2318Relating to certification of a patient's eligibility for medical cannabisSupportThis bill amends the Medical Cannabis Act and allows a physician to prescribe medical cannabis for any condition that where the physician believes cannabis will help, replacing a specific list of conditions. The ACLU supports expanding medical options to more patients.
HB2319Relating to drug testing of legislatorsOpposeThis bill would create drug testing of legislators. The ACLU opposes suspicionless drug testing.
HB2321Require an ultrasound prior to abortionOpposeThis bill requires an ultrasound prior to an abortion. The bill has been made obsolete by recently enacted abortion laws, however the ACLU still opposes this as a restriction on abortion.
HB2322Provide for crime of impersonating non-public persons on social mediaOpposeThis bill creates a crime in impersonating any person who is not a public figure. The language is overly-broad and constitutes an infringement on the freedom of expression. Additionally, the harms in this bill can be addressed through civil litigation without criminal charges, which are excessive.
HB2323Relating 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.
HB2326Prohibit state funding for any organization that performs abortionsOpposeThis money prohibits any state money to go to any organization that performs abortions or benefit plan that covers abortion. This is an attempt to disincentive providers from offering abortion services, reducing access. Furthermore, in WV, abortions are now only legal under extreme circumstances, such as life threatening situations.
HB2328Faithless 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.
HB2329Ban civil asset forfeiture unless person convictedSupportThis bill bans the practice of civil asset forfeiture, and requires a criminal conviction to forfeit any property. The ACLU opposes civil asset forfeiture and supports efforts to end the practice.
HB2330Prohibit 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.
HB2332Prohibit county clerk from charging or prohibiting person from taking pictures of public documentsSupportThis bill ensures that if a member of the public comes to the location of a public document and seeks to photograph the document, they are not charged. This is the minimum that should be expected to ensure there are not barriers to public information.
HB2335Establish the WV Constitution and the WV Code as the primary law in WVOpposeThis bill states that no constitutional or legal system is superior to that of West Virginia and any attempt to establish another is chargeable as treason. This is a direct violation of the Supremacy Clause.
HB2336Requiring 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.
HB2343Grant automatic expungement of criminal records in certain instancesSupportThe bill allows certain criminal records to be automatically expunged, establishes a process to identify and expunge those records and sets procedures to unseal records in certain circumstances. The ACLU supports efforts that reduce the collateral consequences of involvement with the legal system.
HB2345Relating to automatic voter registrationOpposeThis bill requires any entity that registers a voter to require express permission to do so. This completely undoes any automatic voter registration procedures and re-establishes an unnecessary barrier to voting.
HB2347Establishing the Anti-Stereotyping ActOpposeThis bill singles out material related to diversity, equity, and inclusion and requires that schools and educators follow unnecessarily burdensome steps to advertise the course material that is being used. It further limits trainings on these topics, although it does contain some exceptions. While this bill is different than other bills targeting discussions of racism and systemic inequity, in practice it still creates barriers to addressing these topics..
HB2350Granting full time employees of county boards of education three months of paid leave following the birth of a childSupportThis bill provides for paid family leave for school personnel. The ACLU supports paid family leave.
HB2351Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative roleSupportThis bill provides a $200 tax credit for businesses who but minorities and women in certain roles. The ACLU supports efforts to overcome systemic inequities.
HB2352Relating to living anatomical giftSupportThis bill clarifies that if a living person chooses to give an organ as a gift, only that person can choose to do so. It also clarifies informed consent.
HB2355Establishing a pilot program to develop school-based mental and behavioral health servicesSupportThis bill sets a pilot program to combine mental or behavioral health services that are offered in a school with diverting kids who misbehave away from the traditional disciplinary system into the health services. The ACLU supports constructive approaches to disciplinary issues.
HB2358Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her propertyOpposeThis bill creates a new crime if a property owner is aware that felony crimes are committed on their property and does not call law enforcement. The ACLU opposes new crimes. Additionally this will likely lead to prejudicial and unnecessary calls to law enforcement.
HB2360Collecting a tax from manufacturers and distributors of opium and opiate drugs to be used for funding addiction and preventionSupportThis bill requires a tax to be collected from pharmaceutical manufacturers and distributors to fund addiction recovery. This is a non-punitive way to address addiction and substance abuse.
HB2363To require a moment of silence at the beginning of school each day in the stateNeutralThis bill would require schools to provide a moment of silence at the beginning of each school day. The ACLU is opposed to time designated for prayer, but has no position with a silence for an unspecified purpose. The ACLU will monitor.
HB2366Require cameras in all classroomsOpposeThis bill would require cameras in all classrooms. Cameras create a surveillance state that could subject youth to scrutiny for typical youth behavior and will likely exacerbate disparities in school discipline.
HB2367Providing options to vaccinations and mask requirements as a condition to entry of schoolsOpposeThis bill would remove all vaccine and mask requirements for entry into public schools. The ACLU does not support blanket vaccine requirements. However removing all vaccine requirements creates an unsafe environment for students who are medically at-risk, and deprives them of their right to enjoy a public education.
HB2374Make appointment process for Congressional seats the same as that for the US SenateSupportThis bill allows the Governor to appoint a replacement in the case of an absence in the US House of Representatives and subsequently call a special election. This provides a process to ensure there is full representation in Congress.
HB2379Allow women to work on inmate road crewsSupportThe ACLU opposes any sex-based discrimination. However the ACLU has concerns about prison labor.
HB2386Ban sanctuary cities in West VirginiaOpposeThis bill bans sanctuary cities, or local ordinances that prohibit or limit law enforcement enforcing federal immigration laws. Sanctuary city ordinances help to protect people from racial discrimination and enable crime survivors to report crimes to police.
HB2389Provide for a special driver's license for those with physical disabilitiesOpposeThis bill establishes license plates and driver's' licenses that give notice that an individual has a physical disability. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
HB2390The Forming Open and Robust University Minds (FORUM) ActOpposeThis bill requires universities to provide funds and benefits to student organizations, including organizations that may violate university nondiscrimination policies.
HB2391To create a bill to designate 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. The ACLU supports formal recognition of a significant step in basic civil rights.
HB2392Relating to assault with bodily fluidsOpposeThis bill would create a new misdemeanor offense. The ACLU opposes the creation of new crimes, particularly when the same behavior can be addressed through existing criminal and civil statutes.
HB2397Modifying the definition of child abuse or neglect to exclude accidental injurySupportThis bill clarifies that child abuse and neglect does not include accidents that happen under reasonable care. This is a good clarification that protects people from unnecessary prosecution.
HB2398Requiring 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 discriminatory acts under the Human Rights Act. This would making it harder to prove discrimination, frustrating the purpose of the Human RIghts Act.
HB2403Relating to penalties for conspiracy to commit murderOpposeThis bill enhances penalties for conspiracy to commit any homicide as part of a conspiracy to commit a crime against the state. The ACLU opposes increasing sentence lengths.
HB2404Relating to repayment of legal services when payment is made by the state for public defender servicesOpposeThis bill requires Public Defender Services to obtain a order to garnish the wages of any person who is provided a public defender. The proliferation of new fees is one of the ways that people are unable to escape the criminal legal system.
HB2406Relating to licensure for polygraph examinersOpposeThis bill would remove state licensure requirements for polygraph examiners. Polygraphs are a tricky and sometimes unreliable source that is often used to deprive people of their most basic liberties. The ACLU opposes any attempt to relax the standards of this profession.
HB2410Establish the Commission on American History EnrichmentSupportThis bill would create a commission that would review curriculum and material regarding West Virginia Native American history. The ACLU believes the history and contributions of indigenous people have long been minimized and excluded and this is an important step to rectifying that.
HB2411To establish cultural competency training for teachers obtaining or renewing a teaching license in West VirginiaSupportThis bill would require that teachers receive some training in cultural competency. Better cultural competency can make classrooms for equitable and less discriminatory.
HB2414Placing notation on driver's license or ID cards regarding certain cognitive disabilitiesNeutralThis bill allows people with cognitive disabilities to request a marker on certain state-issued ID's. The ACLU has concerns about coercing people into having to disclose disabilities, and the presumption that people would not be treated appropriately without self-identification. However, because this program is voluntary, the ACLU will monitor this legislation.
HB2415Ban the Box ActSupportThis bill prohibits public employers from asking about an applicant's criminal background or history. These bills can help prevent collateral consequences which keep justice-impacted people from re-entering society.
HB2419Relating to removing the Certificate of Need moratorium on opioid treatment facilitiesSupportThis bill ends the moratorium on granting certificates of need to opioid treatment programs. This expands treatment options which is important for people with substance use disorder and as an alternative to incarceration.
HB2420Establishing of the West Virginia Public Participation ActSupportThis bill is aimed at providing recourse for lawsuits that are designed to frustrate 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.
HB2423Prohibit "divisive concepts" from schools, state agencies and any groups receiving state fundingOpposeThis bill purports 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 privilege.
HB2424Creating the Unborn Infants Wrongful Death ActOpposeThis bill redefines a fetus as a person and allows for a cause 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.
HB2427Establishing the status of beds when an intermediate care facility for individuals with intellectual disabilities closesSupportThis bill helps to ensure that when an intermediate care facility closes there are still beds for people who need a supportive living environment. The ACLU supports ensuring this protection exists.
HB2431Relating to the Ryan Brown FundAmendments NeededThis bill directs opioid settlement money into the Ryan Brown Fund. The bill also limits what programs and services can receive funds from the Ryan Brown Fund. The ACLU supports investing in treatment and prevention, but supports a larger "menu" of options.
HB2432Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drugOpposeThis bill creates a new crime if a government agent or representative is deliberately or accidentally exposed to fentanyl. This is a redundant and excessive criminal charge that increases mass incarceration while doing nothing to change behaviors or protect public safety.
HB2435To strengthen anti-hazing laws and policies for Pre-K to Grade 12NeutralThis bill requires schools to adopt specific anti-hazing policies. The ACLU agrees that hazing constitutes significant concerns. Unaddressed, it violates a school's duty to provide a safe and supportive environment. However, this could also increase the school-to-prison pipeline, so the ACLU will monitor this legislation.
HB2437Relating to fetal body partsOpposeAlthough this bill is largely made inconsequential by the recent abortion ban, 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.
HB2440To Protect Newborn Genetic Privacy RightsSupportThis bill will provide limits on genetic testing and the sharing of genetic information of newborns without parental consent. The ACLU supports protecting biological data.
HB2441Reentry Task ForceSupportThis bill would create a specialized task force to examine issues related to reentry after a criminal conviction. The task force would address issues of recidivism, and continuity of services. The ACLU supports this effort.
HB2444Provide wardens with ability to use inmates to perform work in the upkeep local cemeteriesSupportThis bill allows work-release programs in local cemeteries. The ACLU supports expanding work-release options. For the reason we support this legislation. However we remain concerned about involuntary labor and opposed to using earned money to pay for incarceration.
HB2447Create a CARE FOR ALL lineSupportThis bill would create a hotline to help people connect with services and service providers who are competent and supportive of different races, sexual orientations, and gender identities. Access to supportive care is often a problem for people in these communities, and the ACLU supports efforts to establish better care.
HB2460Providing online privacy protection laws for children under 18 years of ageSupportThis bill limits the operators of websites that are designed for or that are targeted to children from collecting certain personal information. It also provides prohibitions against disclosure of information that is collected. The ACLU supports attempts to strengthen privacy protections online.
HB2461Video and audio recordings in self-contained classroomsOpposeThis bill requires video and audio recording in classrooms, continuous monitoring, and access to recordings at the request of any person. Students are not suspects and should not be continuous monitoring. It limits their privacy and will likely result in an increase in unnecessary referrals to the school disciplinary system and legal system.
HB2462Relating to reasonable force in defense of self, real and personal propertyOpposeThis bill makes it easier for a person to use lethal force based on subjective fears without facing consequences. Repeatedly these laws have been disproportionately used to justify the murder of Black Americans. The ACLU opposes these laws.
HB2464Limitations to solitary confinement to 3 days per every 2 weeksSupportThis bill provides some limitations on the use of solitary confinement. Solitary confinement is a cruel form of punishment with demonstrable harms. The ACLU supports the elimination of this tactic as a punitive measure and substantial limitations on its use as as a safety measure.
HB2470Creating a youth advisory council for civic engagementSupportThis bill creates a council to explore ways to increase civic and social engagement in youth. The ACLU supports taking a proactive approach to civic engagement which ensures a robust democracy and fosters community.
HB2471Relating to the suspension of driver's license for unpaid ticketsOpposeThis bill reinstates the practice of suspending licenses for unpaid fines and fees. This is a way that poverty is criminalized and only sets people up to fall deeper into the legal system.
HB2472To add additional members to the West Virginia Parole BoardSupportThis bill adds more people to the Parole Board. This can help to alleviate the backlog in parole hearings and expedite the process of releasing eligible people.
HB2473To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevantNeutralThis bill clarifies the process or disclosure and use of juvenile records in employee grievances. The proposal amends recently-enacted laws which significantly limit other forms of public scrutiny. The ACLU takes no position on the proposed changes but will monitor the proposal to advise other ways to increase transparency while protecting the privacy of juveniles.
HB2474Establishing the West Virginia Religious Freedom Restoration ActOpposeThis bill allows businesses and individuals to claim a religious objection to otherwise legal requirements. In practice these bills allow discrimination under the guise of religious freedom. The ACLU opposes this misinterpretation of religious freedom.
HB2477Relating to the financial responsibility of inmates in relation to civil awardsOpposeThis bill expands the obligations that the Division of Corrections can pay on behalf of an inmate from monies taken from the inmate.
HB2482Relating to social determinants of healthSupportThis bill creates an advisory body to take a more holistic look at health, factors that influence health, and disparities in health care and health outcomes with the intent of reducing disparities by addressing underlying factors. The ACLU supports this proactive and wholistic approach to health disparities.
HB2487Relating to designation of social workers in the Department of Health and Human ServicesSupportThis bill creates a program to have social workers work in schools to provide early identification and support to at-risk youth and their families. The ACLU recognizes identification and intervention as a vital part of reducing the use of the legal system for children.
HB2488Providing school days to register and transport students to voteSupportThis bill requires schools to create a day to allow eligible students to vote. The ACLU supports efforts in increased access to the democratic process.
HB2492Relating to forbidding excessive government limitations on exercise on religionOpposeThis bill allows businesses and individuals to claim a religious objection to otherwise legal requirements. In practice these bills allow discrimination under the guise of religious freedom. The ACLU opposes this misinterpretation of religious freedom.
HB2494Requiring high school students to pass a test on the US Constitution to graduate from high schoolSupportThis bill requires that at some point between grades 9-12 a student must pass a test to developed by the State Board of Education on the US Constitution. As defenders of the Constitution and advocates for civic participation, the ACLU supports this initiative.
HB2495Allowing private school students to play public school sports in some instancesOpposeThis bill would allow private and parochial school students to participate on public school sports and activities. Absent a funding mechanism, this requires schools to spend money and resources on students that they receive no funding for. This is particularly problematic in light of recent laws which provide a financial incentive to leave the public school system, further draining public education funds.
HB2496Requiring that any doctor performing an abortion must be board-certified in obstetrics and gynecologyOpposeThis bill would require the provider of an abortion to be a certified OB-GYN. This is an restriction on a medical procedure that is not consistent with medical practices and simply creates an unnecessary barrier.
HB2497Prohibit requiring Covid-19 vaccine or booster shot to attend in person classes at colleges and universitiesOpposeThis bill would prohibit colleges and universities to require a Covid-19 vaccine. The ACLU believes that Covid-19 vaccine mandates are permissible in many settings where the unvaccinated pose a risk to others, including schools and universities, hospitals, restaurants and bars, workplaces and businesses open to the public.
HB2498To require medication-assisted treatment programs to have written policies concerning community relationsOpposeThis bill requires medication-assisted treatment programs to have a specific policy regarding community relations, and to publish a legal advertisement before opening. While it is always advisable to establish good community relations this is a burden on a medical provider based on the conditions they serve.
HB2499Relating to dangerous crimes against childrenOpposeThis bill prohibits mercy or early release for certain offenses. This creates an undue punitive barrier which increases mass incarceration without accounting for individual circumstances.
HB2500Establishing criteria for the government's adoption of new and emerging surveillance technologies while ensuring privacy protections for individualsSupportThis bill would create a state position and board to review new technologies. Safeguards would have to be implemented before the technology could be used by a governmental entity. The ACLU supports these safeguards.
HB2501Require hospitals with no ASL interpreter on staff provide technology for hearing or speech impaired patients to communicateSupportThis bill requires healthcare facilities to have technology or staff to communicate with hearing impaired patients. The ACLU supports efforts to ensure access to basic and essential health care regardless of disability.
HB2505Creating the Supported Decision-Making ActSupportThis bill provides a form and process for people with certain disabilities to name others to help in making decisions about medical care and others. The bill lays out procedural safeguards to prevent coercion and abuse. The ACLU supports this as a means for people with disabilities to live with in the least restrictive setting while still receiving voluntary support.
HB2514Increasing penalties for putting objects on highwaysOpposeThis bill creates new penalties for putting or leaving debris on the highway that results in injury or wreck. The ACLU opposes the creation of new crimes that result in incarceration.
HB2517Medical Insurance Policy Owner's Notification ActOpposeThis bill requires that a medical insurance holder be notified of any controlled substance prescribed to any member. This is a violation of medical privacy.
HB2527Relating to revising the criminal code generallyOpposeThis bill rewrites the criminal code. While some unnecessarily long sentences are reduced, others are increased. Moreover, the bill amends the code to make all sentences determinate. In practice, this increases the length of incarceration for many people. For this reason, the ACLU opposes this bill.
HB2533Relating to a permanent windshield placard to be valid for the duration of the applicant's lifeSupportThis bill allows for permanent disability placards in some instances. This removes a barrier for people with disabilities to continue to be recertified.
HB2536Permitting physicians to provide exemption certificates relating to required immunizationsOpposeThis bill changes the process to get a waiver from mandatory vaccines and removes some vaccines from the mandatory list. Reducing vaccines makes schools more dangerous and inaccessible for medically fragile children who cannot be vaccinated.
HB2541Add licensure requirement on substance use disorder inpatient provider facilitiesNeutralThis bill requires certain substance abuse facilities to be licensed to operate. The ACLU supports ensuring that recovery facilities provide safe, effective care. However, we have concerns about using licensure to limit availability of treatment or to limit the locations in which people with disabilities can reside. The ACLU will monitor this legislation for those issues.
HB2543Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitatedOpposeThis bill creates a licensing and appeals process for addiction recovery residences. The requirements are strict enough to become barriers to licensure of programs and subsequently barriers on housing on the basis of disability status.
HB2545Require a study on homelessness be conducted by the Bureau for Behavioral HealthAmendments NeededThis bill requires a study on homelessness. In general, the ACLU would support efforts to study and address an issue like unhoused people. However, this bill emphasizes studying stigmatizing factors such as relocation of other states, disease status, and policies that may attract unhoused people. The ACLU will support studies to better understand the drivers of homelessness or to serve the needs of unhoused people.
HB2546Require Substance Use Disorder inpatient providers to offer patients transportation to certain places upon dischargeOpposeThis bill requires substance abuse providers to transport eligible patients out of state upon completion of their program and limits Medicaid eligibility on the basis of previous residency. WV should not be limiting help on the basis of a person's previous residence. The burden of providing transportation is a significant barrier for providers offering a vital service for our communities.
HB2547Relating to the criminal forfeiture process actSupportThis bill ends the process of civil asset forfeiture and requires a criminal conviction to forfeit property.
HB2549Permit 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 disproportionately 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.
HB2555Relating to death penalty for first degree murderOpposeThis bill would establish the death penalty in WV. The ACLU opposes the death penalty.
HB2557Make appointment process for Congressional seats the same as that for the US SenateNeutralThis bill modifies the timing for special elections for filling seats in the House of Representatives. The bill does not make any other substantive changes nor normalize the process.
HB2558Permitting religious exemptions for compulsory immunizationsOpposeThis bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB2559Prohibiting mask mandates by the State of West VirginiaOpposeThe bill would prohibit the state or any subdivision to require masks or face covering. The government should not generally require colothing or covering. However, in specific health emergencies, this may be the least restrictive measure to allow other activity while protecting public health. This prohibition is too broad.
HB2560To require cameras in every classroom and room where children are presentOpposeThis bill creates an unfunded mandate for every classroom to have video recording, and to keep these records for a year. The ACLU opposed the expansion of the surveillance state.
HB2561Clarifying the announcement form and eligibility requirements for becoming a candidate for election to a public officeSupportThis bill helps to clarify and formalized procedures to ensure that a candidate is qualified for office before running for election. It also helps to provide clarity for voters by setting a timeframe where a candidate can't be removed.
HB2562Provide for a special drivers license for those with physical disabilitiesOpposeThis bill establishes license plates and driver's' licenses that give notice that an individual has a physical disability. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
HB2563Provide that someone guilty of a crime where victim was a police officer in performance of duties is eligible for paroleOpposeThis bill makes a person eligible for parole if a victim of their offense was a law enforcement officer. This will unnecessarily increase incarceration, and denies people a fair chance to have all circumstances considered.
HB2567Relating to felony trespassingOpposeThis bill increases trespassing from a misdemeanor to a felony. The ACLU opposes increasing penalties.
HB2572To create the Protection of Shared Physical and Digital Property from Warrantless Searches ActSupportThis bill clarifies the warrant requirements for digital property. It limits the use of 3rd party warrants and provides a process to challenge those warrants.
HB2573To create the Criminal Forfeiture ActSupportThis bill ends the process of civil asset forfeiture and requires a criminal conviction to forfeit property.
HB2574Relating to warrantless entry of private landsSupportThis bill limits under what circumstances a law enforcement officer may enter private land without a warrant. The ACLU supports providing 4th amendment protections.
HB2756Relating to the controlled substance monitoring database; and adding the reporting of medical marijuana to the databaseOpposeThis bill would require all medical cannabis prescriptions to be entered into the Controlled Substances Monitoring Database. Cannabis is still illegal at the federal level, and this bill would put medical cannabis users in legal jeopardy.
HB2577Revoke spending authority for money used by an agency in support of a challenge to WV lawOpposeThis bill prohibits political subdivisions and state agencies from using their budget to challenge a law. Agencies and subdivisions have insight and interests that can and should be considered by the legislature.
HB2591To ensure party affiliation is consistent with candidate's voter registrationOpposeThis bill prohibits a person from filing to run for office if their stated party differs from their party registration. This is a violation of the freedom of association.
HB2594Relating to the death penalty for first degree murderOpposeThis bill establishes the death penalty in West Virginia. The ACLU opposes the death penalty.
HB2603Relating to vaccination and mask requirementsOpposeThis bill removes all requirements for masks and vaccines. We support people's rights to make healthcare decisions, but where such decisions can impact public health at large and the ability of immunocompromised and medically at-risk people to avail themselves of public services, the government interest may be legitimate, narrowly tailored, and the least restrictive means.
HB2615The Genealogical Record Integrity Act of 2023OpposeThis bill would require children to take their father's last name. The Government has no business inserting itself into family relations in this way.
HB2619Amending Hope Scholarship eligibilityOpposeThis bill modifies the Hope Scholarship to expand eligibility. The ACLU opposed the creation of the Hope Scholarship as a drain on public education funds, and a means to funnel public money to religious institutions. The ACLU opposes expanding the program for the same reasons.
HB2622Relating to no child in the State of West Virginia should be admitted into the general classroom of a public school in WV unless they can speak basic English and meet the same expectations of non-special education students who are native English speakersOpposeThis bill prohibits students from attending a public school if they do not speak English. Public schools have a legal and constitutional obligation to educate all children.
HB2624To implement trauma-informed practices in schoolsSupportThis bill requires schools to develop and implement trauma-informed trainings and practices. These practices can help recognize kids who have experienced trauma and decrease interaction with the disciplinary and legal systems.
HB2626Creating the Katherine Johnson and Dorothy Vaughan Fair Pay ActSupportThis bill limits employers' abilities to inquire about prior salary and protects employees in discussing salaries among colleagues. These practices have been shown to reduce unfair pay practices that affect women and minorities.
HB2629Relating to criminal trespassSupportThis bill clarifies that the trespass statute does not affect legally and constitutionally-protected activity. It also removes the maximum fine for trespassing with a weapon and an intent to harm others.
HB2636To provide that out of school suspensions be considered "excused" absencesSupportThis bill clarifies that an suspension cannot be used against a student for a truancy charge. No person should face consequences for the consequences imposed by the state.
HB2752Non-Profit Transparency and Accountability ActOpposeThis bill would subject any nonprofit agency that receives state or federal funds to FOIA laws. Disbursement of state funds is subject to FOIA, and citizens can and should ensure that funds are allocated appropriately, however, non-governmental organizations are due higher privacy rights.
HB2756Relating to the controlled substance monitoring database; and adding the reporting of medical marijuana to the databaseOpposeThis bill would require all medical cannabis prescriptions to be entered into the Controlled Substances Monitoring Database. Cannabis is still illegal at the federal level, and this bill would put medical cannabis users in legal jeopardy.
HB2763To provide for an updated definition of first degree murder on a law enforcement officerOpposeThis bill removes the element of premeditation from first degree murder if the victim is certain state workers. The ACLU opposes removing the element of premeditation from a first degree murder charge.
HB2765Authorizing certain ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearmsOpposeThis bill allows certain first responders to carry firearms in the performance of their duty. Firearms are unnecessary for the purposes of their job duties and increase the risk of extra-judicial killings.
HB2766To clarify when inmates may receive "good time" or time servedOpposeThis bill limits the people who can receive "good time" credit to reduce a period of incarceration. This would increase sentence lengths and drive up incarceration.
HB2770Expanding the eligibility requirements for private investigator and security guard licenseSupportThis bill removes a collateral consequence of prior convictions by removing a prohibition on licensure solely on the basis of the past conviction
HB2771Removing marijuana as a tested substance from the screening requirementsSupportThis bill would remove cannabis as a tested substance for workplace drug testing. The ACLU opposes suspicionless drug testing broadly, and particularly supports this change.
HB2773Create the Education Tax CreditOpposeThis bill creates an education tax credit. The ACLU opposes education tax credits as a way to funnel public money into religious institutions.
HB2778To create curriculum transparency in public schoolsSupportThis bill modifies laws allowing parents to inspect curriculum by requiring the curriculum to be posted on the school or county board of education website, or to be updated within 30 days of any change. The bill allows parents to request to inspect additional instructional material. This bill creates a reasonable balance between providing transparency and allowing teachers and schools to do their jobs, and adapt curriculum as necessary.
HB2782Require all municipal elections be held on the same election day in November that other state elections are onSupportThis bill requires municipal elections to be held on the same day as state elections. This makes it easier for voters to know when elections are taking place and to participate.
HB2784Relating to duty to prosecuteOpposeThis bill removes the core principle of prosecutorial discretion by requiring criminal prosecutions. It also requires keeping files on defendants when there is insufficient evidence to prosecute.
HB2786Objective Reality in Government ActOpposeThis bill would require all laws to be backed by objective material facts. While this is a laudable goal, it is unenforceable. Furthermore, the bill incorrectly states that one material fact is a biological basis for identity.
HB2790WV Historical Monument Preservation and Restoration 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.
HB2795To update the definition of libel in West VirginiaOpposeThis law creates a misdemeanor offense of libel. Libel has traditionally been a civil matter, and the ACLU opposes the creation of new crimes.
HB2792Relating to Election RunoffSupportThis bill would allow for runoff elections in certain non-partisan elections where no candidate receives a majority of the vote. The ACLU supports elections that can better represent people's interests.
HB2793Relating to mental health treatment for inmatesNeutralThis bill clarifies that people in incarceration can be involuntarily hospitalized. People experiencing a mental health crisis should not be treated in a jail or prison. However, the ACLU has concerns about the use of involuntary hospitalization as well. The ACLU will monitor this legislation.
HB2799Impose criminal liability and penalties upon purchasers of goods for delivery who refuse to return rejected goods to the vendor after the purchaser has had their purchase money reimbursedOpposeThis bill creates criminal penalties for defrauding vendors through reimbursement schemes. The ACLU opposes creating new crimes when the behavior can be addressed through existing law.
HB2801Relating to Social Media privacy and educational institutionsSupportThis bill prohibits educational institutions from forcing a student to give a password or access to a personal social media account. The ACLU supports the privacy rights of students.
HB2803Remove felonies from reason to disqualify from votingSupportThis bill allows people who have been pardoned, finished a period of incarceration, or who are on probation or parole to vote. The ACLU supports expanding voting rights.
HB2806Relating to an occupational limited licenseSupportThis bill allows people who have had their driver's licenses suspended for a non-driving criminal offense to obtain a license for the limited purpose of traveling to and from work. Ath ACLU opposes licensure suspension as a form of punishment for non-vehicular crimes, and this bill is a step in the right direction of removing a collateral consequence of this policy.
HB2809Relating to protections for workers at state health care facilities who report unsafe patient care or unsafe patient conditionsSupportThis bill creates whistleblower protections for reporting unsafe conditions and practices in state run medical facilities. The ACLU supports expanding government accountability. Additionally, people in hospitals are often more vulnerable and should be given particular protection.
HB2810Relating to data disposal protectionSupportThis bill sets basic guidelines for the protection and disposal of personal identifying information held by corporations. The ACLU supports ensuring privacy rights.
HB2811Permitting anyone over 65 to vote absenteeSupportThis bill clarifies that anyone over 65 is eligible to vote absentee. The ACLU supports this clarification, which ensures eligible voters have this option.
HB2816Any judgment by a mayor, any individual exercising the mayor's functions, the police court judge, or municipal judge of city be obligated to the Model Rules of Judicial Conduct.SupportThis bills requires anyone who is acting as a judge to impose criminal or civil sanctions to act in accordance with judicial ethics. This is an important safeguard against arbitrary abuses of power.
HB2823Allowing for Religious Exemptions of Vaccine Requirements in Primary and Secondary SchoolsOpposeThis bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB2825Relating to prohibiting mask mandatesOpposeThis bill prohibits state or local officials or private entities from requiring masks. While the government should generally not require any item or article like a mask, a strict prohibition may be a barrier to the least restrictive means of protecting public health.
HB2872Make public charter schools eligible for Safe Schools FundsNeutralThis bill allows safe school funds to go to charter schools. The ACLU has concerns about the use of public money to fund private education, and the growth of school security measures which subject students to surveillance and harsh discipline. The ACLU will monitor this bill for those issues.
HB2837Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officerOpposeThis bill increases criminal penalties for fleeing from an officer. The ACLU opposes increasing criminal penalties.
HB2838Litterbug ActOpposeThis bill seeks to address littering and illegal dumping by requiring the placement of cameras. The ACLU opposes the expansion of the surveillance state.
HB2843Relating to statute of limitations for discriminationSupportThis bill amends the Human Rights Act to cover more employers and the give people more time to bring a claim. The ACLU supports these changes.
HB2844Relating to anti-discrimination protections for independent contractorsSupportThis bill amends the Human Rights Act to cover independent contractors. The ACLU supports expanding the protections in that Act.
HB2846To limit the amount of ballot propositions.NeutralThis bill allows political parties to submit proposals for legislation or resolutions onto a primary ballot. It is unclear what impact this would have. The ACLU will monitor this legislation.
HB2847To impose a life sentence on fentanyl dealersOpposeThis bill would create a life sentence for people who distribute fentanyl. The ACLU opposes increasing sentence lengths.
HB2850Clarifying general education teachers' entitlements for the general education classroom that provide academic support for students identified as having an exceptionality whose least restrictive environment remains the general education classroom.SupportThis bill ensures that teachers have an aide when students with exceptional needs are placed in the general education classroom. An explicit purpose of the bill is to put students in a non-segregated, least restrictive setting, which the ACLU supports.
HB2851Relating to legalizing cannabis production, sales and adult consumptionSupportThis bill would legalize and regulate cannabis. The ACLU supports ending cannabis prohibition.
HB2855Relating to election reformSupportThis bill removes signature matching to validate ballots, enables no-excuse absentee voting and allows absentee ballots to be placed in drop boxes. The ACLU supports these measure to improve access to voting.
HB2857The purpose of this bill is to give a 10-day right to appeal to the Supreme Court of Appeals a Secretary of State decision to not certify a candidacy.SupportThis bill gives the West Virginia Supreme Court of Appeals original jurisdiction over a refusal to certify a candidate, and limits the time for appeal to 10 days. This ensures a speedy and absolute resolution to questions of whether a candidate is eligible to run for office. This provides predictability to voters.
HB2863Creating a homeless education coordinator for county schoolsSupportThis bill creates a position to oversee and coordinate education services for students who do not have permanent or stable housing. The ACLU supports providing supports and services to at-risk youth.
HB2866Provisions for election observers during any election and at any voting or ballot-reviewing and ballot-counting location within West VirginiaAmendments NeededThis bill creates a process for political parties to nominate and have observers at all parts of the electoral process to ensure a transparent and fair process. We support increased transparency, but recognize there is a need to protect poll workers and voters from intimidation.
HB2869Relating to law enforcement warrant for third party informationSupportThis bill limits the ability of police to procure records from telecommunications companies without a warrant. The ACLU supports enforcing warrant requirements.
HB2877Relating to the definition of employer for sexual harassment purposesSupportThis bill expands the Human Rights Act to cover more employers and adds protections for independent contractors. The ACLU supports expanding nondiscrimination problems.
HB2883Making a supplemental appropriation from the Coronavirus State Fiscal Recovery FundOpposeThis bill would put the majority of the state's remaining Covid recovery money into economic development and not into the communities most impacted by covid.
HB2884Requiring a minimum of 7 year term in state prison for conviction of distributing controlled substancesOpposeThis bill imposes a mandatory minimum sentence of 7 years of incarceration for any crime of delivery or possession with intent to deliver. The ACLU opposes mandatory minimums.
HB2885Relating to life at conceptionOpposeThis bill seeks to redefine life as beginning at conception. This assertion creates a number of legal obligations and barriers that create unrealistic obligations on the state and on pregnant people. The bill additionally tries to statutorily deny recognition of people who are intersex, transgender, and non-binary.
HB2890The purpose of this bill is to modify student disciplineAmendments NeededThis bill provides guidelines for removing disruptive students from a classroom, and utilizing in-school suspensions before out-of-school suspensions. It also requires teachers and school board members to develop a uniform tiered disciplinary system with specific examples. The ACLU supports developing uniform and predictable disciplinary measures and scaled sanctions. However, appropriate disciplinary reforms also require interventions to provide at-risk students supports to develop appropriate behavior.
HB2892Relating to the Disconnection of Residential Utility during a State of EmergencySupportThis bill would prevent the discontinuation of utilities to residents during a state of emergency and sets forth the policies for any deferred bills. The ACLU supports ensuring people have access to basic needs during times when they may not be able to maintain financial obligations and when other exigent conditions are present.
HB2897Permit registered voters to vote an absentee ballot by mail in all circumstancesSupportThis bill allows voters to vote by absentee ballot without an excuse. The ACLU supports no-excuse absentee voting.
HB2901State may not participate in or join the national school board associationOpposeThis bill would prohibit WV from joining or participating in the National School Board Association. This restricts the freedom of association and limits a resource for state educators.
HB2903Library boards who make decisions on books must have ideological equalityOpposeThis bill requires library board members to have ideological equity. Ideological equity is a vague and unenforceable requirement.
HB2916Relating to terrorismOpposeThis bill redefines and radically expands the definition of terrorism, allowing a number of activities to be labeled as terrorism and organizations to be labeled as terrorist organizations. This poses a substantial threat to the freedom of association.
HB2919To ban adult-oriented stores from operating physical locations in West VirginiaOpposeThis bill would prohibit any number of "adult-oriented businesses" from operation in West Virginia. This is censorship.
HB2920To prohibit the distribution of smoking devices as part of a harm reduction programOpposeThis bill prohibits any smoking devices as part of a harm reduction program. The ACLU supports harm reduction and opposes measures to prohibit evidence-based best practices.
HB2921Establish a memorial at the Capitol for the unborn whose lives were lost.OpposeThis bill would create a memorial to the unborn. This is an endorsement of an extremist message that vilified the personal choice to have an abortion.
HB2923To modify exemptions from criminal liability to include a distinction for biological lessons regarding reproduction.OpposeThis bill would limit the scope of sexual education and prohibits libraries from providing this material. The ACLU supports libraries as a source of information, and believe that wider conversations around sex, sexuality and gender are not obscene but are important conversations to have.
HB2924Cap the number of MAT facilities to 20 overall, with a limit of one per countyOpposeThis bill would limit the number of addiction recovery facilities in WV. The ACLU supports creating more recovery options, not fewer.
HB2926To modify parenting if father encouraged an abortionOpposeThis bill changes the presumption of equal parenting where one partner encourages the other to obtain an abortion. The ACLU opposes punishing free speech.
HB2931Convention of states delegates have penalties for deviating from what they were sent to convention forOpposeThis bill creates harsh criminal penalties for deviating from the topic at an Article V Convention of the States. The ACLU opposes the use of a Convention of the States to amend the Constitution, and a law like this may be nullified by the process while creating a false sense of security.
HB2932Bill to fund armed veterans at our schoolsOpposeThis bill would allow armed security at public schools. Research has shown that security do not prevent major incidents, but increase the likelihood of minor incidents including the expansion of the school to prison pipeline.
HB2933Increase in fines and criminal penalties when an employer fails to maintain employment records of an unauthorized employeeOpposeThis bill significantly increases the penalty for employing an unauthorized person. The ACLU opposes raising criminal penalties.
HB2936Establishing privacy regarding medical treatmentsOpposeThis bill prohibits anyone from being required to utilize or disclose any medical treatment. While the ACLU supports privacy, this prohibition is too broad and could threaten legitimate reasons to disclose medical statuses.
HB2940Establishing the Anti-Stereotyping ActOpposeThis bill states that it limits requiring or coercing people to hold certain stereotypes or that such stereotypes exist. In practice, the bill would make it harder to have legitimate discussions about the impact of race, racism, and other forms of discrimination.
HB2944Relating to DNA collection requirements in abortion cases relating to rape or incestOpposeThis bill establishes procedures to collect evidence from a person who gets an abortion under the exceptions for rape and incest. Forcing a person to have to undergo these examinations is another barrier to abortion.
HB2947Relating to mandatory drug testing of all classes of employees in K through 12 schoolsOpposeThis bill would require drug testing for educators. The ACLU opposes suspicionless testing.
HB2950Exempting certain hygiene products from sales taxSupportThis bill exempts menstrual products from sales tax. The ACLU supports removing financial barriers that disproportionately affect women.
HB2951Removing certain drugs from schedule oneSupportThis bill would remove cannabis and psilocybin from Schedule I of the Controlled substances Act. The ACLU supports ending the War on Drugs.
HB2952Creating online voters' guideSupportThis bill would create a guide for voters. This will help make voting easier and more transparent.
HB2957Create camera assisted enforcement of speeding in active work zonesOpposeThis bill allows traffic cameras to be used to identify and issue civil citations for speeding in active work zones. The ACLU has serious concerns about the proliferation of cameras. Even seemingly neutral and desirable enforcement such as traffic laws can result in disparate treatment, and often result in enforcement that is inconsistent with general public practice. While this bill does contain good safeguards such as prohibiting fully automatic systems for traffic enforcement, and a robust due process, the ACLU remains opposed to this legislation.
HB2962Second Look Sentencing ActSupportThis law allows judicial officials to modify a sentence after 10 years of incarceration. This reduces incarceration by being able to reexamine circumstances that may have changed.
HB2963Prohibit Department of Corrections and Rehabilitation from making inmates pay co-payment for medical or dental service by a doctor or nurseSupportThis bill prohibits charging inmates copays. Fees and expenses incurred during incarceration can be a major barrier to reentry. Additionally the state takes on the obligation of providing adequate medical care when it incarcerates people.
HB2964Relating to online privacy protection for minorsSupportThis bill limits the operators of websites that are designed for or that are targeted to children from collecting certain personal information. It also provides prohibitions against disclosure of information that is collected. The ACLU supports attempts to strengthen privacy protections online.
HB2965To create a pilot project of tiny homesSupportThis bill would require a pilot project of "tiny homes" to be needs-based residences for at-risk populations. The ACLU supports providing supports for at risk individuals.
HB2966To create a tax incentive to landlords who allow a first time or second chance housing of homeless individuals, justice impacted persons, assault victims, veterans, and adults who age out of the foster care system.SupportThis bill gives landlords a tax incentive to allow residency by certain at-risk populations The ACLU supports ensuring stable housing.
HB2970Creating the equitable right to expungementSupportThis bill allows people who successfully complete a pretrial diversion program or deferred adjudication to file for expungement of their record after completion of the program. The ACLU supports measures that promote the use of alternatives to incarceration and reduce collateral consequences.
HB2971Access to Rehabilitation ActSupportThis bill clarifies that people in correctional facilities can access reading material without financial barriers. The ACLU supports giving access to information.
HB2972To prohibit public university names for gender affirming careOpposeThis bill prohibits state university-affiliated hospitals from providing gender-affirming care. Gender affirming care is an evidence-based and live-saving medical treatment.
HB2974Creating the West Virginia Native American Tribes Unique Recognition, Authentication, and Listing ActNeutralThis bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
HB2976Creating the Keep Roe Reversed Forever ActOpposeThis bill would restrict state funding to any organization that provides or advocates for abortion. The ACLU supports free speech rights and abortion rights.
HB2979Establishing an animal abuser registryOpposeThis bill would establish a registry for people convicted of animal abuse. The ACLU opposes the use of registries.
HB2980Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matterOpposeThis bill would remove exemptions for schools, museums, and libraries in the general law prohibiting exposing minors to obscene matter. This is an attempt to expand censorship, and the ACLU opposes censorship.
HB2981Prohibit the sheriff's department from posting mug shot photos for an arrestSupportThis bill prevents mugshots from being published if without a conviction. Mugshots often lead to stigma and additional consequences. The ACLU supports this protection.
HB2983Relating to cruelty to animalsAmendments NeededThis bill provides clear definitions for various elements of cruelty to animals, enhances penalties and creates a registry. The ACLU supports the creation of clear rules that allow for predictability. The ACLU opposes increasing criminal penalties. The ACLU opposes the use of registries.
HB2984Relating to establishing a program for camera assisted speed enforcement in active school zones in this stateOpposeThis bill allows for traffic cameras in school zones. The ACLU has serious concerns about the proliferation of cameras. Even seemingly neutral and desirable enforcement such as traffic laws can result in disparate treatment, and often result in enforcement that is inconsistent with general public practice. While this bill does contain good safeguards such as prohibiting fully automatic systems for traffic enforcement, and a robust due process, the ACLU remains opposed to this legislation.
HB2991Establishing the crime of tortureOpposeThis bill would create a new crime. The elements for the new crime are all included in other criminal charges. The bill explicitly states that the new crime can be charged in addition to other crimes. The ACLU opposes the creation of new crimes where existing ones are sufficient.
HB2997To make the HOPE Scholarship applicable to all childrenOpposeThis bill modifies the Hope Scholarship to expand eligibility. The ACLU opposed the creation of the Hope Scholarship as a drain on public education funds, and a means to funnel public money to religious institutions. The ACLU opposes expanding the program for the same reasons.
HB2998Non-binary not permitted on birth certificatesOpposeThis bill would prohibit people from being able to get accurate birth certificates to correctly list their gender. The ACLU supports accurate IDs.
HB3000Universities must accept religious, medical, or right of conscience exemptions to taking vaccinationsOpposeThis bill requires institutions of higher learning to accept any excuse for refusing a vaccine. Universities have a legal obligation to provide a safe, accessible learning environment, and should be able to balance that obligation and the needs of immunocompromised and medically-fragile people with the objections of others.
HB3001To prohibit punishment for teachers who refuse to use pronouns inconsistent with a child's sexOpposeThis bill would prevent civil liability or adverse employment actions for a teacher who misgenders a student. Teachers have a legal obligation to provide a safe, supportive learning environment, and bullying a child is a contradiction of that obligation. This would also put the state in conflict with federal law.
HB3002To create a crime to send someone abortion pills through the U.S. mailOpposeThe bill prohibits the distribution of certain medications through the mail. The ACLU supports safe, accessible medication.
HB3003Stop practice of medicine by telehealth for abortion prescriptionsOpposeThis bill would expand the prohibition of abortion medication by telehealth to also cover abortion services. The ACLU supports access to abortion.
HB3004Relating to transferred right of self-defense to a person who engages an active shooter on school groundsOpposeThis bill establishes a right to use a firearm and lethal force against a school shooter for the general public. The bill also allows up to a $50,000 reward for neutralizing a school shooter. This will incentive people with firearms to overreact to situations and make a shooting situation more dangerous.
HB3006West Virginia Critical Infrastructure Protection ActOpposeThis bill creates a sentence enhancement for copper theft, and explicitly encourages asset forfeiture. The ACLU opposes sentence enhancements and asset forfeiture.
HB3008Relating to clarifying the uniform statewide deadline for electronically submitted voter registrationSupportThis bill clarifies that electronic voter registration can be received until midnight on the deadline. This expands, marginally, the window for voter registration.
HB3009Relating to voting rights of formerly incarcerated individualsSupportThis bill allows people on felony probation and parole to be able to vote. The ACLU supports voting rights.
HB3010Relating to medical marijuanaOpposeThis bill removes protections for medical cannabis users against their employers and landlords and replaces those protections with protections for the employers and landlords. The ACLU believes people should not face discrimination based on their medical treatment.
HB3014Require Correctional Facilities to provide free feminine hygiene productsAmendments NeededThis bill requires correctional facilities to provide menstrual products to female inmates. The ACLU supports providing menstrual products but recognizes that some people who are not recognized as female also menstruate.
HB3018Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit courtOpposeThis bill prohibits marriage under 18. The ACLU believes the right to marry is a fundamental right, and any attempt to restrict it must be very narrow and based on specific circumstances.
HB3020To mandate that the Secretary of State to utilize the Electronic Registration Information CenterSupportThis bill mandates that WV utilize the Electronic Registration Information Center to verify voter registration. The ACLU recognizes ERIC as a credible voter verification system.
HB3025Relating to DNA data maintained for law enforcement purposesOpposeThis bill expands from whom DNA can be collected and stored. The ACLU believes that restrictions on the use of biometric information need to be tighter, not looser.
HB3030Creating the Paid Parental Leave Pilot ProgramSupportThis bill would create a pilot program for paid family leave. The ACLU supports paid family leave.
HB3033Create Intergenerational Poverty Task ForceSupportThis bill creates a task force to make recommendations regarding intergenerational poverty. The board includes a number of stakeholders, including representatives of civil rights organizations. The ACLU views poverty as a civil liberties issue and supports looking holistically at intergenerational poverty.
HB3034To create a Parolee Drivers PermitSupportThis bill allows a program to give drivers permits to people on parole. This removes another collateral consequence to incarceration.
HB3035Relating generally to high-quality education programs and school operationsOpposeThis bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
HB3038Add unborn persons to the definition of driving under the influence and causing injury or death to an unborn person.OpposeThis bill would add fetal loss to the crime of DUI resulting in death. It also significantly increases criminal penalties. The ACLU opposes increasing criminal penalties.
HB3042Establishing the West Virginia Religious Freedom Restoration ActOpposeThis bill allows businesses and individuals to claim a religious objection to otherwise legal requirements. In practice these bills allow discrimination under the guise of religious freedom. The ACLU opposes this misinterpretation of religious freedom.
HB3043To require a blood draw/blood test after a motor vehicle accident to determine impairment of those involved.OpposeThis bill requires a blood draw after a motor vehicle accident. Blood draws are a significant invasion of privacy and the existence of an accident without any additional information is not sufficient to create suspicion to merit this level of invasiveness.
HB3049To create the American Campuses ActOpposeThis bill would prohibit college campuses from collaborating with China. National security issues should be addressed by the federal government, and absent action this constitutes national origin discrimination.
HB3052Creating small business and minority populations economic and workforce development taskforceSupportThis bill would create a task force to examine issues regarding workforce inclusion and participation, with an emphasis on minority populations. The ACLU supports taking proactive steps to improving outcomes for marginalized populations.
HB3061Relating to updating the authority of the Foster Care OmbudsmanSupportThis bill protects certain foster care records in juvenile court proceedings. Evidence is often gathered by prosecution to impose harsher sentences on children. The ACLU supports reasonable protections on evidence that can be misused in such a way.
HB3081To abolish felony murder charge in West VirginiaSupportThis bill would eliminate felony murder, where a person may be charged with murder if another person dies in the commission of a felony. Felony murder charges are unnecessary enhancements that punish people excessively for unintended consequences.
HB3086Men's Equality ActSupportThis bill requires PEIA to cover 100% of a vasectomy or other male sterilization. The ACLU supports increasing access to reproductive healthcare.
HB3089Tax credits for employers providing child careSupportThis bill provides a tax incentive for employers that offer child care services. Lack of childcare is often a barrier to work that falls disproportionately on poor and marginalized populations. The ACLU supports creating incentives to provide this service.
HB3097Banning Medicaid and CHIP from paying for child and adult transgender surgeriesOpposeThis bill prohibits CHIP and Medicaid for paying for certain gender affirming therapies for minors. Physicians and patients should make medical decisions, not politicians.
HB3099To establish a grant program for colleges that take steps to establish themselves as Student Basic Needs campusesSupportThis bill provides a grant for colleges that provide programs to support nutrition and other basic necessities for low income students. Secondary expenses to higher education are another barrier for low-income individuals and families that can perpetuate systemic inequities, and this legislation aims to reduce that barrier.
HB3100Requiring medical insurance providers to include infertility services in their policiesSupportThis bill requires insurance carriers to provide coverage for infertility services. The ACLU supports increasing access to reproductive healthcare.
HB3103To eliminate the restriction to carry a firearm on the state capitol complex groundsOpposeThis bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
HB3106Add Kratom to list of schedule I controlled substancesOpposeThis bill adds Kratom to schedule I of the list of controlled substances. The ACLU opposes criminalizing substances as a means of regulation and control.
HB3115To allow the development of a specialized intermediate care facility for individuals with intellectual and developmental disabilitiesAmendments NeededThis bill would establish long-term care facilities for people with disabilities that need long-term managed care but do not acute hospital settings. The bill lays out the basic outlines of these facilities, including providing segregated space if a person needs to be separated, and permissive language to help advocates find less restrictive settings. The ACLU supports providing a range of care and support options. However, facilities such as these need more specific guidelines to protect individuals and a more proactive role in ensuring that less restrictive settings are found.
HB3118Creating the Parents' Bill of RightsOpposeThis bill sets out in broad terms that strict scrutiny will be applied to any law or regulation regarding education or the access of education. While the ACLU supports the rights of parents to be involved in education and to make choices for their children, the application of this law would undermine appropriate control of the education system.
HB3121Creating the Stop Our Scourge Act of 2023OpposeThis bill would classify fentanyl as a weapon of mass destruction. This is an escalation in the failed war on drugs.
HB3127Requiring state entities, local entities and law enforcement agencies to cooperate with the enforcement of immigration lawsOpposeThis bill requires local governments to comply with federal immigration laws, prohibits local policies regarding immigration enforcement, and creates a civil cause of action against local governments for failure to take immigration action. This undermines prosecutorial discretion, endangers crime victims who may not come forward if they or a family member is not documented, and creates a impetus for local governments to harass people who fit stereotypes of immigrants.
HB3128Requiring open captions in movie theaters within the State of West Virginia to accommodate the deaf and hard of hearingSupportThis bill would require cinemas of a sufficiently large size to offer a specified number of screenings with closed captioning. The ACLU supports accommodations for people with disabilities.
HB3132Increasing penalties for CorruptionOpposeThis bill increases the criminal penalties for certain corrupt practices. The ACLU opposes increasing criminal penalties.
HB3137Prohibiting Illegal Alien Human SmugglingOpposeThis bill expands the definition of human trafficking to include transportation of undocumented persons. This bill will increase the likelihood of discrimination against people perceived to be immigrants.
HB3139To allow for modification of a family court order involving drugs in certain circumstancesSupportThis bill requires that parenting plans that are modified for substance use disorder to be restored upon successful completion of a program. This incentives recovery and works to maintain family contact.
HB3142Provide that family court can order certain servicesNeutralThis bill allows a family court judge to order parties to a proceeding to go through any program offered by DHHR. This may be used to create additional and unnecessary conditions, or it may be a way to provide supports and services as opposed to worse consequences and outcomes. The ACLU will monitor this legislation to better understand safeguards.
HB3143Allow for religious exemptions for getting vaccinationsOpposeThis bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB3144No vaccine mandate for schoolsOpposeThis bill would remove all mandated vaccines for access to public education. Vaccines ensure that schools are safe for students who are medically fragile and who are immunocompromised. The ACLU opposes removing all requirements.
HB3146Establishing in West Virginia Code, the contents of the Uniform Public Meetings During Emergencies ActSupportThis bill establishes rules for open meetings during declared emergencies. The rules proposed provide transparency and notice rules that the ACLU support.
HB3157Relating to clarifying the duties, functions, prohibitions and restrictions applicable to the West Virginia Fusion CenterSupportThis bill reforms the WV Fusion Center, it limits intelligence gathering, and provides more protections for information gathering. Fusion centers constitute a significant threat to privacy rights and government surveillance. The ACLU supports limiting the power of fusion center.
HB3158To make certain acts of panhandling and soliciting unlawfulOpposeThis bill would prohibit panhandling and require a license for certain types of solicitations. This is a violation of free speech.
HB3161Relating to state recognition of Native American tribesNeutralThis bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
HB3176Prohibit drag shows from being performed in front of minors and to prohibit people from dressing in drag when reading aloud during story time in schoolsOpposeThis bill defines drag shows as adult-oriented businesses and prohibits them in certain venues. Drag shows are an art form and are not obscene. Laws like this amount to censorship.
HB3181Relating to when a warrant, capias for arrest is dismissed when charges are dismissedSupportThis bill states that if a person has an arrest warrant, and the underlying criminal charges are dismissed, than the arrest warrant will be dismissed too. This will reduce unnecessary arrests and incarceration.
HB3182Relating generally to mental health treatmentSupportThis bill makes several changes to the involuntary commitment law. It allows law enforcement officers besides sheriffs to make arrests and transport individuals, it allows people to be held in mental health facilities, and it limits who can apply for commitment.
HB3183Child Protection ActOpposeThis bill invokes religious rationale to prohibit gender affirming care. This denies youth life-saving medical care. It also is a violation of the principles of freedom from religion.
HB3184WV Medical Information Confidentiality and Anti-Discrimination ActOpposeThis bill prohibits the government or any agency from obtaining medical status, including vaccination status, or coercing any medical care. The ACLU supports privacy and bodily autonomy, however this goes to far and would prohibit legitimate exceptions.
HB3185Transparency in Government ActOpposeThis bill requires candidates for office to list political affiliation, even for non partisan offices and restricts family members from being the majority of an elected body. These provisions increase the partisanship of elections and restrict voter choice.
HB3187Relating to requirements imposed on social media companies to prevent corruption and provide transparency of election-related content made available on social media websitesOpposeThis bill limits information that can be placed on social media around elections. The ACLU opposes restricting speech.
HB3190Amending the definition of "minor"OpposeThis bill changes the definition of minor to include people who are purported to be underage. This holds people criminally liable for a state of mind rather than a criminal act.
HB3199Relating to removing the requirement that an ectopic pregnancy be reportedSupportThis bill clarifies that ectopic pregnancies are not reported as abortions. This is protection for people who have non viable pregnancies.
HB3207To prohibiting the use of electronic tracking devicesSupportThis bill creates a misdemeanor if a person plants a tracking device on a child who is the subject of an abuse and neglect investigation. While the ACLU typically opposes the creation of new crimes, this bill is narrow and is balanced against legitimate privacy interests.
HB3208Automatic CPS expungement if an individual is not found to have committed abuse and neglect by court orderSupportThis bill provides an automatic expungement for people who have been cleared of child abuse and neglect charges. A person should not carry the stigma of a charge for which they were not convicted.
HB3216Funding EMS and School Resource Officers through marijuana taxOpposeThis bill would divert money from the Medical Cannabis fund that currently goes to law enforcement to go to school security, including school resource officers. The ACLU opposes the use and expansion of the school resource officer program.
HB3221To extend the Hope Scholarship to PreschoolOpposeThis bill would expand the Hope Scholarship to preschools. The Hope Scholarship is a school voucher program which diverts state money into private and parochial schools. The ACLU opposes the use of state money to support religious organizations.
HB3225The Healthy and Safe Workplace ActSupportThis bill would address workplace harassment and bullying. It provides more protections for workers from bias and discrimination. The ACLU supports creating more equitable and welcoming workplaces.
HJR4Amend the state Constitution to give the people the powers of initiative, referendum and recallOpposeThis proposed Constitutional amendment would give West Virginia citizens the power to hold a referendum on passed legislation and to recall elected officials. With proper safeguards, the ACLU supports to expansion of direct democracy. However, as currently written, this would create a chilling effect for legislators whereby a relatively small group of voters could create upheaval, confusion, and cost.
HJR5Allowing an elected state official to be a government employee or employee of a public school, college, or universitySupportThis bill allows for state employees to seek an ethics waiver to hold elected office. The ACLU believes that many people in public service can bring valuable insight to the legislative body without a conflict of interest.
HJR11Initiative, Referendum and RecallAmendments NeededThis proposed Constitutional amendment would give West Virginia citizens the power to hold a referendum on passed legislation and to recall elected officials. With proper safeguards, the ACLU supports to expansion of direct democracy. However, as currently written, this would create a chilling effect for legislators whereby a relatively small group of voters could create upheaval, confusion, and cost.
HJR19Providing Term Limits for certain Constitutional OfficersOpposeThis bill creates term limits for Constitutional Officers. The ACLU opposes term limits.
HJR21Amending Constitution to allow for possession, manufacture and sale of cannabisSupportThis proposed constitutional amendment would legalize cannabis.
HJR22To allow certain state employees the eligibility to a seat in the legislatureSupportThis proposed constitutional amendment would allow certain state employees to hold elected office. The ACLU supports allowing more people to get involved in the democratic process.
HR1Adoption of the House RulesAmendments NeededThis resolution contains the Rules for the House of Delegates. Notably, the rules have been changed to limit each member to speaking only once during debate. This limits the opportunity for robust debate, particularly by restricting the opportunity for rebuttal.
SB3Requiring parental notification of school-based dispensaries of contraceptives to minorsOpposeThis bill requires schools to notify parents if they provide any contraceptive medication or device to a student. This is both a violation of student privacy and will reduce the use of contraceptives.
SB5Requiring parental notification of minors being prescribed contraceptivesOpposeThis bill requires parental notification for any prescribed contraception. This is both a violation of patient privacy and will reduce the use of contraceptives.
SB8Clarifying that tenancy includes persons who reside in sober living homeNeutralThis bill defines individuals who are in sober living homes as tenants, and would grant them tenants rights. The ACLU supports this as a way to protect a sometimes-vulnerable population without stigmatizing or limiting housing options. However, the ACLU remains concerned about the use of this bill as written to interfere with best-practices in these facilities, and will push for a more appropriate balance.
SB9WV Monument and Memorial Protection Act of 2023OpposeThis 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.
SB11Prohibiting excessive government limitations on exercise of religionOpposeThis bill allows businesses and individuals to claim a religious objection to otherwise legal requirements. In practice these bills allow discrimination under the guise of religious freedom. The ACLU opposes this misinterpretation of religious freedom.
SB16Local Government Labor and Consumer Marketing Regulatory Limitation ActOpposeThis bill would prohibit certain employee and consumer protections by local jurisdictions. Notably, the bill would prohibit local jurisdictions from limiting the use of criminal history. The ACLU supports "Ban the box" and similar legislation and would oppose attempts to prohibit its use.
SB21Requiring certain documents that contain wage records be considered confidentialOpposeThis bill would state that certain wage and compensation information submitted to the state by private contractors cannot be disclosed publicly. This robs the public of important information in understanding the business practices of state contractors.
SB22Local Government Labor and Consumer Marketing Regulatory Limitation ActOpposeThis bill would prohibit certain employee and consumer protections by local jurisdictions. Notably, the bill would prohibit local jurisdictions from limiting the use of criminal history. The ACLU supports "Ban the box" and similar legislation and would oppose attempts to prohibit its use.
SB23Fetal Heartbeat ActOpposeThis bill prohibits abortion after the detection of fetal cardiac activity. Although a similar law has already passed, the ACLU stands opposed to restrictions on abortion.
SB24Relating to long-term care and substance abuse treatmentSupportThis bill calls for the creation of a new long-term substance abuse facility. The ACLU supports the expansion of treatment options.
SB30Transferring child welfare enforcement responsibilities to WV 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.
SB33Prohibiting certain divisive acts or concepts from schools, state agencies and any groups receiving state fundingOpposeThis bill purports 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 privilege.
SB38Eliminating restrictions on voting rights for formerly incarcerated individualsSupportThis bill allows people on felony probation and parole to be able to vote. The ACLU supports voting rights.
SB41Establishing minimum student enrollment for school aid formulaSupportThis bill creates a minimum for support for schools. This is an important step in providing a thorough and efficient education as required by the WV Constitution.
SB44Requiring certain municipalities pay for incarceration of inmatesSupportThis bill requires municipalities to pay the costs for incarceration. This helps to disincentivize law enforcement and judicial officials from using incarceration for low-level offenses.
SB49Establishing criminal offense for being under influence of controlled substance unless specifically prescribedOpposeThis bill makes it a crime to consume or be under the influence of a controlled substance without a prescription. This law would allow law enforcement to conduct highly invasive searches of people on minimal evidence.
SB53Relating to DNA data maintained for law enforcement purposesOpposeThis bill expands from whom DNA can be collected and stored. The ACLU believes that restrictions on the use of biometric information need to be tighter, not looser.
SB55WV Freedom of Conscience Protection ActOpposeThis bill allows businesses and individuals to claim a religious objection to otherwise legal requirements. In practice these bills allow discrimination under the guise of religious freedom. The ACLU opposes this misinterpretation of religious freedom.
SB57Requiring political action committee to disclose contributors' names and addresses to Secretary of StateOpposeThis bill requires contributors to political action committees to disclose the names and addresses of individual donors. This conflicts with the freedom of association and the right to anonymous speech.
SB63Relating to wages and salary under Parental Leave ActSupportThis bill creates paid family leave for state employees who have worked more than 1 year, and unpaid family leave for state employees who have worked less than 1 year. The ACLU supports paid family leave.
SB67Requiring DHHR file petition to terminate parental rights under certain circumstancesOpposeThis bill requires DHHR to file for the termination of parental rights where there are two instances of abuse or neglect. These decisions should be made on a case by case basis.
SB68Relating to use of force, including deadly force, in defense of self, real, and personal propertyOpposeThis bill makes it easier for a person to use lethal force based on subjective fears without facing consequences. Repeatedly these laws have been disproportionately used to justify the murder of Black Americans. The ACLU opposes these laws.
SB69Patrolman Cassie Johnson Memorial ActOpposeThis bill establishes the death penalty in West Virginia. The ACLU opposes the death penalty.
SB70Permitting special registration plates for persons with medical conditions that cause erratic behaviorOpposeThis bill establishes license plates that give notice that an individual a condition that may cause erratic behavior. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
SB72Modifying definition of sexual contactSupportThis bill removes an exception to the sexual assault statute for spouses. The ACLU believes even in marriages consent must be given for sexual contact.
SB74Providing for substantial deference to State Superintendent's interpretations of school lawsNeutralThis bill requires local school boards and the Employee Grievance Board to give deference to statutory interpretations of the State Superintendent. The ACLU will monitor this legislation to ensure that a proper balance in statutory interpretation, uniformity of laws, and freedom of political interference is achieved.
SB83Authorizing tactical medical professionals to carry firearmsOpposeThis bill would allow medics who are attached to law enforcement units to carry and use firearms and to have criminal and civil liability protection like law enforcement. This is another step in the militarization of police.
SB88Permitting medical marijuana be prescribed in edible formSupportThis bill allows medical cannabis to be dispensed in edible form. The ACLU supports reducing the criminalization of cannabis.
SB90Amending penalty of simple possession of marijuana from misdemeanor crime to civil violationSupportThis bill decriminalizes simple possession of cannabis, with a maximum fine of $25. The ACLU supports any legislation that moves towards the end of the War on Drugs.
SB92Providing compensation to victims of abusive lawsuitsOpposeThis bill would create financial penalties if a lawsuit is dismissed for lack of cause or withdrawn. This creates a barrier to people being able to avail themselves of the legal system. The ACLU opposes this bill.
SB93Prohibiting teaching of divisive acts and critical race theory in public schoolsOpposeThis bill purports 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 privilege.
SB99Relating to meetings among county boards of educationSupportThis bill sets forth basic procedures including transparency procedures for any attempt to consolidate county boards of education. Without taking a position of consolidating county boards of education, the ACLU supports creating a transparent process.
SB103Prohibiting certain funding and attendance of minors to drag showsOpposeThis bill prohibits taking children to drag shows. Drag shows are an art form that are not inherently obscene, and cannot be regulated in the manner prescribed by this legislation. Furthermore, the language is overly-broad and could be applied to performances outside of drag shows.
SB108Requiring certain probationers to participate in work release program and spend six months in work release centerOpposeThe 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.
SB112Relating to financial institutions engaged in boycotts of firearms companiesOpposeThis bill would prohibit West Virginia from doing business with any corporate entity that takes part in a boycott of energy companies. This is a prohibition on protected political expression.
SB114Prohibiting abortion coverage in certain qualified health care plansOpposeThis bill prohibits insurers from covering abortion care. The ACLU opposes any restrictions in access to abortion, but as abortion in WV is effectively limited to emergency services, this prohibition would prevent people from getting care for medical emergencies.
SB115Providing 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 enforceable.
SB116Collecting 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.
SB120Requiring registered sex offenders pay annual feeOpposeThis bill would require people on the sex offender registry to pay an annual fee. The ACLU opposes the use of registries. Moreover, fees such as the one proposed in this bill are collateral consequences that make it harder to reenter society.
SB121Creating Student Journalist Press Freedom Protection 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.
SB123Creating enhanced penalties for fleeing officerOpposeThis bill adds sentence enhancements for second offenses of fleeing from an officer. The ACLU opposes sentence enhancements.
SB124Authorizing child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse preventionSupportThis bill provides for age appropriate instruction in recognizing and preventing sexual abuse, and provides an opt out. The ACLU supports providing more information to help with prevention and early detection of abuse.
SB125Safeguarding concealed carry permit holder's informationSupportThis bill prohibits public disclosure of concealed carry permit holders, and requires single-entry queries in the case of a law-enforcement investigation. The ACLU supports these privacy protections.
SB126Reorganizing DHHRNeutralThis bill reorganizes DHHR. The ACLU is neutral on reorganizing or breaking up DHHR. However, we will monitor all legislation related to this to ensure there is no interruption or loss of quality in essential human services, and to ensure that this follows a thoughtful and transparent process.
SB128Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparednessAmendments NeededThis bill modifies the emergency powers act by requiring more specific findings for certain emergency declarations and actions, requiring legislative notice and approval for prolonged emergencies, and reiterating that emergency orders cannot circumvent constitutional rights. The ACLU supports the protection of rights, and the expansion of a transparent democratic process. As amended the bill removes any over houses of worship. While interference with religious practices should be extremely limited, religious institutions should also not receive preferential treatment.
SB129Limiting gubernatorial authority to spend certain federal funds without appropriation of LegislatureSupportThis bill reduces the amount of federal money the Governor can spend without legislative approval. The Legislature is the proper body for making and approving expenditures.
SB130Anti-Racism Act of 2023OpposeThis bill purports to prohibit claims of superiority or inferiority of certain groups. In practice, it limits important discussions of race, sex, and religion in classrooms.
SB135Relating to Uniform Controlled Substances ActOpposeThis bill creates a criminal penalty for not contacting emergency services if someone is having a drug-related emergency. The ACLU opposes the creation of new crimes.
SB137Clarifying offenses of kidnapping and unlawful restraintSupportThis bill more clearly and narrowly defines the elements of kidnapping and unlawful restraint. More clear elements reduce the prosecutorial abuse.
SB139Requiring each county BOE to ensure all its meetings are open to public through in-person attendance and broadcast live on its websiteAmendments NeededThis bill expands the transparency for county board of education meetings. The ACLU supports the expanded transparency, however, the state must allocate funds to ensure boards have the staff and technological infrastructure to comply with these requirements.
SB144Regulating schools for students with disabilitiesSupportThis bill creates a licensure and regulation process for private schools specifically designed for students with disabilities. While the ACLU opposes segregating students with disabilities from the general populace, if a student chooses to attend a private institution specializing in disabilities, the ACLU supports ensuring some minimum standards of support are present.
SB147Creating pilot program for recovery residences in Cabell CountySupportThis bill strikes to find a balance between the rights of residents in recovery housing, while ensuring that the housing can provide adequate, evidence based services. This bill works as a pilot in Cabell County. The ACLU supports the balance drawn in this legislation and the pragmatic approach of applying it to one county first.
SB149Exempting certain organizations from property taxationOpposeThis bill expands the exemption on property taxes on churches to parochial schools and other non-profit entities on church property. This treats religious institutions different than other institutions.
SB152Moving state primaries to AugustNeutralThis bill would place the state primary elections in August. The ACLU will monitor the progress and intent of this legislation for impact on democratic participation.
SB153WV Chemical Abortion Prohibition ActOpposeThis bill makes it a crime to provide a medical abortion without an in-person physical examination. It also provides liability to companies if their product is found in wastewater. This is a restriction on abortion access, and the ACLU opposes such restrictions.
SB156Relating to modernization of procedures for voting in public electionsSupportThis bill removes signature matching to validate ballots, enables no-excuse absentee voting and allows absentee ballots to be placed in drop boxes. The ACLU supports these measure to improve access to voting.
SB158Prohibiting person under age of 18 from entering into marriageOpposeThis bill prohibits marriage under 18. The ACLU believes the right to marry is a fundamental right, and any attempt to restrict it must be very narrow and based on specific circumstances.
SB163Relating to absentee votingSupportThis bill provides for no-excuse absentee voting. The ACLU supports this measure to increase access to voting.
SB167Legalizing cannabis production, sales, and adult consumptionSupportThis bill would legalize and regulate cannabis. The ACLU supports ending cannabis prohibition.
SB169Requiring 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.
SB170Increasing transparency in apportionment process for congressional and legislative districtsSupportThis bill requires legislative redistricting go through a series of public hearing around the state, and provide better notice about the maps that are going to be used. The ACLU supports a more transparent, less partisan process for drawing legislative districts.
SB172Increasing number of members on WV Parole BoardSupportThis bill increases the number of people on the Parole Board. It also requires that some members have degrees in various fields such as sociology and psychology. These changes will address the backlog and bias against potential parolees to reduce incarceration.
SB175Requiring medical insurance providers to include infertility services in their policiesSupportThis bill requires insurers to provide infertility services. Access to these services is as vital to reproductive health as is access to abortion.
SB178Adding grievance and appellate procedures for individuals participating in DMV safety and treatment programSupportThis bill creates an appeal and grievance process for people going through the DMV safety and treatment program. This provides additional due process protections for people who have lost the privilege to drive.
SB181Creating Closed Captioning ActSupportThis bill requires TV broadcasters to have a closed captioning option. The ACLU supports this as expanding services for people with hearing disabilities.
SB182Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturersOpposeThis bill would prohibit West Virginia and local governments from doing business with any corporate entity that takes part in a boycott of energy companies. This is a prohibition on protected political expression.
SB183Creating Natural Resources Anti-Commandeering ActOpposeThis bill would prevent WV law enforcement from enforcing, or assisting in the enforcement of any federal law related to natural resources. This is a clear violation of the supremacy clause.
SB184Declaring sale and manufacture of firearms essential business during declared emergencyOpposeThis bill seeks to prevent any additional regulation on gun owners, distributors, or manufacturers during any declared emergency, riot, or insurrection. While the ACLU recognizes that emergency orders must be narrowly tailored and should not infringe of constitutional freedoms, this prohibitions in this legislation are too broad.
SB186Repealing WV Workplace Freedom ActSupportThis bill repeals legislation that makes it harder for labor organizations to collect resources and use them for advocacy. The ACLU supports this attempt to expand speech and association rights.
SB195Creating Ready-to-Use Glucagon Rescue Therapies for Schools ActSupportThis bill creates law to ensure that schools have the proper resources and training to handle certain diabetic emergencies. The ACLU supports proactive steps to protect people with different medical conditions.
SB196Creating Substance Abuse Intervention ActOpposeThis law allows extended involuntary commitment for substance abuse. It also expands the criteria to cover a reasonable suspicion that someone will become a risk to themselves or others.
SB197Creating Paid Parental Leave Pilot ProgramSupportThis bill creates a paid parental leave program. The ACLU supports paid leave programs.
SB203Modifying minimum requirements for motor vehicle alcohol and drug test and lock systemsSupportThis bill modifies the the vehicle lock program, it removes a minimum use requirement and allows people to reinstate it.
SB208Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disordersSupportThis bill modifies a section on law enforcement training for autism disorder to require the training every three years. The ACLU supports more training as one element of police reform.
SB211Relating to permanent windshield placard to be valid for duration of applicant's lifeSupportThis bill allows for permanent disability placards in some instances. This removes a barrier for people with disabilities to continue to be recertified.
SB216Requiring all schools to instruct students on Holocaust and other genocidesSupportThis bill requires all schools to provide instruction on the Holocaust and other genocides. The ACLU supports ensuring that people are informed about the history and legacy of bigotry.
SB223Permitting Legislature to file suit in limited circumstances against Executive branch to faithfully execute laws passedSupportThis bill allows the legislature to sue the executive branch when the executive is not implementing a duly enacted law. The Constitution gives the executive discretion in how laws are implemented, but when a law is blatantly disregarded, this provides a remedy.
SB224Establishing revocation of authority for spending by agency in support of challenge to WV lawOpposeThis bill prohibits political subdivisions and state agencies from using their budget to challenge a law. Agencies and subdivisions have insight and interests that can and should be considered by the legislature.
SB225 OpposeThis bill adds Kratom to schedule I of the list of controlled substances. The ACLU opposes criminalizing substances as a means of regulation and control.
SB228Mandating extended supervision for persons convicted of stalking and related felonious actsOpposeThis bill requires between 10-50 years of extended supervision for a person convicted of a stalking offense. Prolonged supervision risks reinvolvement in the legal system for minor and technical violations, while creating additional obstacles to everything from housing to employment, to familial life.
SB232Creating study group to make recommendations regarding diversion of persons with disabilities from criminal justice systemSupportThis bill creates a task force to make recommendations for adults and kids with disabilities to be diverted from the legal system into other support systems. The bill recognizes the over-representation of people with disabilities in the legal system.
SB234Clarifying uniform statewide deadline for electronically submitted voter registration applicationsSupportThis bill clarifies that electronic voter registration can be received until midnight on the deadline. This expands, marginally, the window for voter registration.
SB235Relating to voting rights of formerly incarcerated individualsSupportThis bill grants voting rights to people on probation and parole. The ACLU believes voting is a fundamental right.
SB239Requiring Commissioner of Human Services to engage certain providers and leaders to study homeless demographicAmendments NeededThis bill requires a study on homelessness. In general, the ACLU would support efforts to study and address an issue like unhoused people. However, this bill emphasizes studying stigmatizing factors such as relocation of other states, disease status, and policies that may attract unhoused people. The ACLU will support studies to better understand the drivers of homelessness or to serve the needs of unhoused people.
SB242Relating to residential substance use disorder service programsOpposeThis bill creates a licensing and appeals process for addiction recovery residences. The requirements are strict enough to become barriers to licensure of programs and subsequently barriers on housing on the basis of disability status.
SB243Requiring substance use disorder inpatient providers to provide transportation to patientsOpposeThis bill requires substance abuse providers to transport eligible patients out of state upon completion of their program and limits Medicaid eligibility on the basis of previous residency. WV should not be limiting help on the basis of a person's previous residence. The burden of providing transportation is a significant barrier for providers offering a vital service for our communities.
SB251Displaying official motto of United States in public schools and institutions of higher educationOpposeThis bill seeks to force every public school to display the motto "In God We Trust". While the national motto has been upheld as Constitutional, as a matter of public policy, it still shows endorsement for a specific religious viewpoint.
SB252Prohibiting obscene materials in or within 2,500 feet of WV schoolsOpposeThis bill redefines obscene material to include any inclusion of transgender individuals, among other expansions of the definition. It then creates an unnecessary and unconstitutionally broad buffer around any school property for a blanket prohibition against obscene material. There are numerous legal problems with this proposed legislation, not least of which is the abhorrent idea that a person could be deemed obscene on the mere basis of their identity.
SB253Criminalizing engaging in adult cabaret performance where it may be viewed by minorOpposeThis bill creates a definition of "adult cabaret" performance and profits such performances where they can be viewed by minors. The definition is overly broad and encompasses protected expressive activity. The bill is otherwise redundant.
SB255Prohibiting discrimination against patients for declining or delaying vaccinesOpposeThis bill restricts healthcare providers from treating unvaccinated patients different than others and restricts providers from encouraging vaccines. This is an overbroad restriction on free speech and interferes with a provider's ability to protect other patients.
SB261Eliminating suspension of driver's license for failure to pay court fines and costsSupportThis bill ends the practices of suspending a driver's' license for unpaid fines and fees. The ACLU supports ending this practice as it often leaves people less able to earn money and criminalizes poverty.
SB274Third Grade Success ActSupportThis bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
SB277WV Native American Tribes Unique Recognition, Authentication, and Listing ActNeutralThis bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
SB278Protecting minors from exposure to indecent displays of sexually explicit natureOpposeThis bill expands the definition of obscene material to include, among other things, transgender people. It also increases penalties for exposure to obscene material. The ACLU strongly opposes both of these provisions.
SB279Increasing protection for minor victims of human traffickingOpposeThis bill removes the presumption that minors in sex work are victims. The ACLU opposes this.
SB282Creating WV Guardian ProgramOpposeThis bill allows veterans to provide armed security for schools. The ACLU opposes the militarization of schools and the use of private school security.
SB288Relating to Sexual Assault Examination NetworkOpposeThis bill establishes procedures to collect evidence from a person who gets an abortion under the exceptions for rape and incest. Forcing a person to have to undergo these examinations is another barrier to abortion.
SB289Establishing Minority Health Advisory TeamSupportThe bill creates a team to provide advice on improving health and social determinants of health to minority communities that continue to experience health disparities. The ACLU supports proactive efforts to reduce racial disparities.
SB291Eliminating restriction to carry firearm on State Capitol Complex groundsOpposeThis bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
SB292Health Care Sharing Ministries Freedom to Share ActOpposeHCSMs are a form of health coverage in which members - who are typically recruited because they share religious beliefs - contribute monthly payments to cover the qualified expenses of other members. Health shares do not have to comply with the consumer protections of the Affordable Care Act, provide limited benefits for their members, and do not guarantee payment for medical claims. HCSMs jeopardize health people through deceptive marketing practices and systemic failure to provide necessary products and services. By exempting them from state law, too, HCSMs in WV would be virtually unregulated and unaccountable.
SB296Uniform Public Meetings During Emergencies ActSupportThis bill lays out uniform rules and procedures for virtual meetings of public bodies during declared emergencies where in-person meetings are prohibited or not practical. The law lays out recording votes and ensuring public access and participation. The ACLU supports ensuring that this transparency and public participation is protected.
SB299Creating new misdemeanor offense of unlawful entry, occupation or retention of real propertyOpposeThis bill creates an offense of unlawful entry. The aim of the bill is clearly meant and people who are experiencing homelessness. The ACLU opposes criminalizing poverty.
SB301Relating to Community Crime Prevention ActOpposeThis bill requires all new driver's license applicants to be cross checked against the National Crime Information Center. The NCIC is a flawed database that has a high error rate.
SB304Increasing criminal penalty for fentanylOpposeThe bill removes the intent element in fentanyl crimes and increases penalties. The ACLU opposes increasing criminal penalties.
SB422Requiring public schools to publish curriculum online at beginning of each new school yearSupportThis bill modifies laws allowing parents to inspect curriculum by requiring the curriculum to be posted on the school or county board of education website, or to be updated within 30 days of any change. The bill allows parents to request to inspect additional instructional material. This bill creates a reasonable balance between providing transparency and allowing teachers and schools to do their jobs, and adapt curriculum as necessary.
SB433Establishing requirements for state board and local education agency to screen for dyslexiaSupportThis bill requires schools to screen for, identify, and appropriately support students with dyslexia. The ACLU supports greater supports for students, particularly students with disabilities.
SB434School Safety ActOpposeThis bill authorizes teachers to carry firearms. The ACLU opposes this as unlikely to protect students while likely to create more tragedy.
SB459Clarifying residency requirements for voter registrationOpposeThis bill would reduce the types of IDs that a voter could use to vote. The ACLU opposes the voter ID law and opposes narrowing the list of acceptable ID's.
SB466Prohibiting financial institutions from discriminating against firearms businessesSupportThis bill prohibits financial institutions from refusing to do business with firearms industries due to ideological differences. This is a restriction on the freedom of conscious.
SB472Creating criminal offense of indecent exposure in front of minorsOpposeThis bill enhances the penalty for indecent exposure if it is in front of a minor. The ACLU opposes sentence enhancements.
SB479Expanding certain insurance coverages for pregnant womenSupportThis bill requires Medicaid to cover doula services. The ACLU supports expanding reproductive options.
SB484Clarifying terms and offense of human smugglingOpposeThis bill creates a crime of human smuggling which involves the commercial transportation of non-citizens. The ACLU opposes the creation of new crimes when behavior can be addressed under existing code.
SB489Requiring BOE provide free feminine hygiene products in grades six through 12Amendments NeededThis bill requires schools to provide menstrual products to "female" students in grades six through twelve. The ACLU supports providing menstrual products but would like to see more inclusive language and the availability of products for students who may be menstrating prior to grade six.
SB490Patrol Officer Cassie Marie Johnson Memorial ActOpposeThis bill creates a crime of intentionally obstructing various public officials that results in the death of a public official. The penalty is 15 years. The ACLU opposes the creation of new crimes an excessive sentences.
SB495Providing correctional institutions and juvenile facilities video and audio records be confidentialSupportThis bill corrects a law passed in 2022 that excessively limited the transparency of certain records. This bill provides a more appropriate degree of transparency while protecting the privacy of individuals who may be identified by such records.
SB509Requiring that free feminine hygiene products be provided to female prisonersAmendments NeededThis bill requires correctional facilities to provide menstrual products to female inmates. The ACLU supports providing menstrual products but recognizes that some people who are not recognized as female also menstruate.
SB517Medical Ethics Defense ActOpposeThis bill would prohibit employers from taking corrective action against medical practitioners who refuse to provide any medical service because of a religious or moral objection. This law would allow people to discriminate against patients for any number of reasons.
SB524Relating to family planning servicesAmendments NeededThis bill increases access to a number of reproductive healthcare options by requiring local health departments to offer contraception, lowering the age to access contraception, and requiring insurances to cover certain sterilization procedures. However, the bill becomes coercive by only requiring coverage of sterilization and not reversals.
SB532Creating new crime of soliciting minorOpposeThis bill creates a new felony of soliciting a minor. The definition is overly broad and incorporates acts covered by existing law.
SB535Creating religious and philosophical exemptions for school attendance vaccinesOpposeThis bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
SB537Eliminating marital exception to criminal prosecution of sexual assault offensesSupportThis bill clarifies that marriage is not a defense to charges of sexual assault. The ACLU agrees that marriage does not mean sacrificing bodily autonomy.
SB540Creating misdemeanor offense of willfully urinating or defecating in publicOpposeThis bill creates a crime for urinating or defecating in public. This law would be used to punish homeless people and people in poverty who don't have regular access to restrooms.
SB550Requiring state entities, local entities and law enforcement agencies 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.
SB552Relating to abortionOpposeThis bill modifies a section of code dealing with informed consent. It requires WV to publish inaccurate information about certain medications, and removes liability protections for physicians. The ACLU opposes further stigmatizing reproductive healthcare with inaccurate information.
SJR3Constitutional Officer Term Limit AmendmentOpposeThis proposed constitutional amendment limits constitutional officers to 3 consecutive terms. The ACLU believes term limits rob voters of candidates they like and can be achieved through democratic participation.
SJR9Right to medical freedom amendmentOpposeThis proposed constitutional amendment would establish a right to refuse any medical treatment and would establish that a person could not be denied access to any public accomodation for their refusal. The ACLU supports the rights of bodily autonomy. The State can, and should retain the ability to provide safe spaces for all citizens through public health measures.
SR1Adopting Rules of SenateAmendments NeededThis resolution contains the Rules for the Senate. Notably it prohibits any recording device or photography for any Senate proceeding. The ACLU opposes this lack of transparency.