See What We're Tracking in the 2022 Legislative Session

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.

HB	2017	Rewriting the criminal code	Oppose	This is a complete rewrite and reorganization of the criminal code. While some sentences are reduced, assessments indicate many more people would serve longer.
HB	2038	Revising requirements relating to the issuance and renewal of handicap vehicle placards	Oppose	This bill alters some of the requirements of handicap placards. Notable changes include requiring a medical professional state a specific duration of disability, and requires a registered vehicle for the issuance of a second placard. These requirements create barriers to full utilization of this tool.
HB	2039	Expunging records of unsubstantiated complaints made by the Department of Health and Human Resources against teachers	Support	This bill expunges the records of teachers after 3 years if complaints against them are unsubstantiated. This is a due process protection.
HB	2054	Requiring parents or guardians to participate in programs for juveniles in an out-of-home placement	Oppose	This bill would require parents or guardians of juveniles placed in out-of-home placement to participate in programs. Participation is important, however, there may be significant barriers to participation including geography or employment requirements. Instead of out-of-home placements, courts should focus on community-based programs that are specifically designed to work with families, and should apply them in a case-by-case basis.
HB	2060	Reducing the criminal penalty for possession of small amounts of marijuana or paraphernal	Support	This bill is a form of cannabis decriminalization, which substitutes fines instead of incarceration for small amounts of cannabis.
HB	2061	Creating a Small Business and Minority Populations Economic and Workforce Development Taskforce	Support	This 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.
HB	2064	Biometric Information Privacy Act	Support	This bill requires companies that use biometric security information to develop and inform consumers of a policy to protect this information. The ACLU believes it is important personal information is protected.
HB	2066	Providing school days for registering eligible students to vote and to provide transportation to voting places	Support	This bill helps eligible students vote by providing days to vote and transportation. The ACLU supports efforts to increase access to voting.
HB	2067	Relating to designation of social workers in the Department of Health and Human Services	Support	This bill provides social workers to work at schools to help identify at-risk students and connect them with appropriate interventions. Implemented properly this could significantly reduce the school-to-prison pipeline.
HB	2079	Providing equitable distribution to county boards of education of reimbursement costs of special needs students	Support	This bill changes the school funding formula to provide more funding to counties with more special needs students. This helps to ensure that counties have funds to provide appropriate and necessary services and accommodations for all students.
HB	2086	Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service.	Oppose	This bill requires people on community supervision to participate in a substance abuse support service if they have a history of addiction. Broadly, the ACLU supports the use of more supports instead of penalties. However, blanket rules like this may not be appropriate for all people and create more conditions for people on supervision, increasing the chance of technical violations- a major driver of mass incarceration.
HB	2087	Relating to requiring the Office of Health Facility Licensure and Certification to inspect office-based medication-assisted treatment programs at least every 24 months.	Neutral	This bills requires regular inspections of medication assisted treatment programs. Oversight and regulation of this treatment is appropriate, however the ACLU will monitor to ensure this legislation is not used to undermine this tool.
HB	2088	Relating 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.	Neutral	This bill requires a court to confirm that parents are complying with substance abuse treatment programs prior to reunification. This is likely already standard practice, but the ACLU has significant concerns about breaking up families or adding new barriers to reunification so the ACLU will monitor this legislation.
HB	2091	Creating a process by which voters may recall a county ordinance in a special election	Oppose	This bill requires counties to hold special elections on duly passed legislation if 15% of the population signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB	2099	Redistricting of the Senate into 16 two-member senatorial districts and redistricting the House into 96 single member districts	Neutral	This bill would reduce the number of legislators in the WV House and Senate. The ACLU does not take a position on this but will monitor any legislation that could impact representation.
HB	2107	West Virginia Native American Tribes Unique Recognition, Authentication and Listing Act	Neutral	This bill establishes a system of recognizing Indigenous People in West Virginia and defines the effects of formal recognition. There are has been considerable debate around creating unnecessary barriers to recognition and allowing people to appropriate indigenous culture. The ACLU does not feel it is appropriate to make this determination but will monitor this legislation for fairness in both directions.
HB	2108	Taxation With Representation Act	Oppose	This bill allows people who live outside municipalities to vote in municipal elections if they pay a user fee. This allows non-residents to influence policy. It also has a significant chance of diluting minority votes.
HB	2112	Prohibiting provisions within settlement agreements that prevent the disclosure of factual information related to a claim filed in a civil action	Support	This bill prohibits non-disclosure provisions in settlements for certain sexual misconduct. These provisions often help to allow repeated incidents. Prohibiting this can help to prevent more sexual misconduct.
HB	2114	Prohibiting civil rights violations based on disability, gender identity or sexual orientation	Support	This bill adds hate crime protections to people with disabilities and to LGBTQIA individuals. Notably the bill specifically requires consideration of alternative sentencing.
HB	2116	Verifying legal employment status of contractors and vendor's employees for certain road and bridge contracts	Oppose	This bill requires certain contractors to verify the employment status of all employees. The federal program used has been problematic and has resulted in discriminatory false alarms.
HB	2118	Providing school days to register and transport eligible students to vote	Support	This bill helps eligible students vote by providing days to vote and transportation. The ACLU supports efforts to increase access to voting.
HB	2119	Relating to electioneering or distributing literature at early voting locations	Support	This bill makes the rules for electioneering during early voting the same as during Election Day. The ACLU supports this as a freedom of speech issue.
HB	2120	Ensuring health insurance coverage for residents with preexisting conditions	Support	This bill requires insurance coverage for people with preexisting conditions. This is an important equity provision for people with disabilities.
HB	2121	Katherine Johnson and Dorothy Vaughan Fair Pay Act of 2020	Support	This bill makes it illegal for employers to prohibit discussion of salaries. This is a freedom of speech issue. It also has been demonstrated to reduce pay disparities.
HB	2122	Implementing The Agreement Among the States to Elect the President and Vice President by National Popular Vote	Support	This bill would be an agreement among states to base electors in the Presidential election based on the outcome of the national popular vote. This movement is supported by the ACLU as being more democratic.
HB	2128	Family Protection Act	Support	This bill prohibits employment discrimination on the basis of family responsibilities. This is an important non-discrimination requirement that ensure more equity for women in the workplace.
HB	2133	Repealing the Workplace Freedom Act of 2016 and restoring the prior provisions of the Labor-Management Relations Act	Support	This bill would repeal the Workplace Freedom Act, and would enable and empower collective bargaining. The ACLU supports the right to collectively bargain and the rights of unions.
HB	2135	Providing that political party caucus meetings are not exempt from open proceedings requirements	Neutral	This bill requires that political caucus meetings must be open to the public. Caucuses are not governmental decision-making bodies, however, a significant amount of de facto decision making occurs in closed caucuses. The ACLU will monitor this legislation as it progresses.
HB	2138	Defend the Guard Act	Support	This bill prevents the West Virginia National Guard from being deployed to a foreign conflict without a Congressional declaration of war. The ACLU believes only Congress has the power to wage war, and therefore supports this legislation.
HB	2147	Providing that the Division of Motor Vehicles identification cards be issued at no cost	Support	This bill requires the DMV to provide identification cards at no cost. State-issued ID's are required for many things, and fees can be a barrier to access.
HB	2157	Forbidding displays relating to sexuality in public school facilities and forbidding the teaching of sexuality in public schools	Oppose	This bill prohibits displays or the teaching of "sexuality". Age-appropriate, inclusive sexual education is important.
HB	2160	Issuing identification documents to homeless individuals residing at homeless shelters	Support	This bill 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.
\\\	2169	Life at Conception Act of 2021	Oppose	This bill would redefine personhood beginning with conception. In addition to creating a legal fiction to challenge reproductive rights, this creates a number of other practical problems.
HB	2171	Vulnerable Child Protection Act	Oppose	This bill prevents physicians working with youth and their families to engage in evidence-based medical treatments to provide gender affirming care. This is an invasion of privacy and discriminatory. Furthermore access to the treatments prohibited under this bill have been demonstrated to provide better mental and physical health outcomes.
HB	2174	West Virginia Monument and Memorial Protection Act of 2021	Oppose	This bill significantly increases barriers to removing or renaming historical monuments. While content neutral, it is a response to attempts to remove monuments to the Confederacy and slavery.
HB	2177	Permitting the issuance of a state issued identification card without a photo on the card under certain conditions	Support	This bill allows people to get a state issued ID card without a photo when they have a religious belief against having their picture taken. The ACLU supports this inclusion of religious freedom.
HB	2181	Allowing a personal income tax deduction for a stillborn child	Neutral	Similar to HB 2181, this bill provides a tax incentive for stillbirth. However, this bill does not have the same problematic language. The ACLU will monitor this bill for changes that would make it problematic.
HB	2184	Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug	Oppose	This bill increases criminal penalties if police, firefighters, EMTs, or other first responders are exposed to drugs. The ACLU opposes increasing criminal penalties.
HB	2194	Establishing the Minority Health Advisory Team	Support	This bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
HB	2201	Repealing the section of code relating to unlawful military organizations	Oppose	This bill would allow independent militials to operate within West Virginia. Militias are banned under federal law and the West Virginia Constitution.
HB	2202	Creating the West Virginia Intrastate Commerce Improvement Act	Oppose	This bill would invalidate any municipal nondiscrimination ordinances and prohibit further municipal nondiscrimination ordinances. The ACLU opposes removing protections against discrimination.
HB	2215	Allowing a group of affiliated voters to become a recognized political party under certain criteria	Support	This bill makes it easier for groups to be recognized as a political party in West Virginia. The ACLU supports efforts to ensure people have a right to associate and expansions of democracy.
HB	2230	The Healthy and Safe Workplace Act	Neutral	This bill creates a cause of action for workplace harassment and bullying. There is a need to provide protections for women, minorities, and others who may face harassment. At the same time, there are free speech questions. The ACLU will monitor the progress of this bill.
HB	2231	Prohibiting confidential settlement terms of a contested case involving sexual harassment, sexual abuse, or sexual assault in a state administrative proceeding	Support	This bill prohibits non-disclosure provisions in settlements for certain sexual misconduct. These provisions often help to allow repeated incidents. Prohibiting this can help to prevent more sexual misconduct.
HB	2232	Providing a process by which a city may hold an election to recall an ordinance	Oppose	This bill requires municipalities to hold special elections on duly passed legislation if 15% of the population signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB	2239	Restricting the performance of abortions and acquiring, providing, receiving, otherwise transferring, or using fetal body parts	Oppose	The ACLU supports the full range of reproductive rights and opposes efforts to limit access to reproductive healthcare. This bill significantly limits access to abortion through a ban once a so-called "fetal heartbeat" is detected, limits what medical emergencies would qualify for an abortion, and spreads dangerous myths about abortions.
HB	2248	Prohibiting payroll deductions to electioneering organizations	Oppose	This bill prohibits any government entity from making deductions that go to organizations that engage in electioneering. This is designed to make it more difficult for public sector unions to collect fees and dues. The ACLU supports the rights of organized labor, including in the public sector and opposes this bill.
HB	2257	Relating to extended supervision for certain drug offenders	Oppose	This bill would require a period of supervised release in addition to existing penalties for certain drug offenders. This amounts to additional sentencing and will adversely impact justice-involved people.
HB	2258	Establishing an intravenous drug user treatment and commitment process	Oppose	This bill would allow for the involuntary commitment of suspected intravenous drug users. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB	2273	Dividing pretrial detention jail costs between arresting authorities	Oppose	This bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
HB	2277	Establishing an intravenous drug user treatment and commitment process	Oppose	This bill would allow for the involuntary commitment of suspected intravenous drug users. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB	2280	Involuntary drug and alcohol treatment	Oppose	This bill would allow for the involuntary commitment for people with various forms of substance abuse. This denies these individuals due process protections. It is also shown that involuntary treatment for substance use disorders is rarely successful.
HB	2285	Relating to Capitol Complex Security Access	Oppose	This bill allows people to purchase a pass to bypass security at the West Virginia Capitol. This creates unequal access to legislators and the legislative process. The ACLU opposes this.
HB	2291	Relating to legalizing cannabis production, sales and adult consumption	Support	This bill would provide for the legalization and regulation of cannabis in West Virginia. The ACLU supports the end of drug prohibition laws.
HB	2310	Relating to death penalty for first degree murder	Oppose	This bill institutes the death penalty for first degree murder. The ACLU opposes the death penalty.
HB	2320	Relating to mandatory drug testing of all classes of employees in K through 12 schools	Oppose	This bill would require drug testing of all school employees. The ACLU opposes suspicionless drug testing.
HB	2328	Relating to criminal trespass	Oppose	This bill increases the fines for illegal trespass and removes an exemption for labor disputes. While the bill does add language that seeks to exempt protected speech, it will have a chilling effect of protected speech activities.
HB	2335	Increasing the minimum criminal penalty for a driver who, in an impaired state, causes the death of a minor	Oppose	This bill would add a sentence enhancement for an arbitrary circumstance. This is a retributive measure that will not reduce crime, but will increase mass incarceration.
HB	2362	Implementing trauma-informed practices in schools	Support	This bill puts into place a number of practices in schools to provide a trauma-informed environment for students. This includes more support services and less reliance on harsh discipline. This will reduce the school-to-prison pipeline.
HB	2364	Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer	Oppose	This bill will likely do little to promote school safety. However, force is often 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.
HB	2365	Relating to accessories to a crime	Oppose	This bill removes exceptions for accessory after the fact for certain familial relations. The ACLU opposes on the grounds of creating more criminal liability.
HB	2376	Allow concealed carry on and in capitol grounds	Oppose	This bill would allow firearms on Capitol Grounds. This property is often used for public demonstrations, and allowing firearms can having a chilling effect on free speech.
HB	2379	Make criminal invasion of privacy a felony	Oppose	This bill would increase penalties for criminal invasion of privacy. The ACLU opposes increasing sentences.
HB	2488	Relating to an occupational limited license	Support	This bill allows individuals who have lost driving privileges to petition for a limited driver's license for transportation to and from a job.
HB	2489	The Genealogical Record Integrity Act of 2020	Oppose	This bill codifies giving a child the genetic father's last name in most instances. This is an unnecessary codification of the patriarchy and is not accomodating for many instances including non-binary individuals.
HB	2492	Increasing the penalty for DUI causing death when a child is present	Oppose	This bill would add a sentence enhancement for an arbitrary circumstance. This is a retributive measure that will not reduce crime, but will increase mass incarceration.
HB	2501	Suspend School Aid Funding Formula implementation until budget year 2024	Oppose	This bill would freeze school aid at the 2020-21 level. The West Virginia Constitution requires schools to be adequately funded, and the ACLU will oppose any legislation which could jeopardize that requirement.
HB	2504	Create a work/incarceration prison pilot program	Neutral	This bill would create a pilot program to allow counties to establish a correctional institution where inmates can work and reduce their sentences by 20%. The ACLU supports efforts to facilitate reentry and reduce incarceration. However, we will monitor this legislation to ensure it does not amount to forced labor or indentured servitude.
HB	2509	Make appointment process for Congressional seats the same as that for the US Senate	Support	This bill creates a uniform process for appointments to the US House of Representatives and to the US Congress. The ACLU supports a more uniform and transparent process.
HB	2517	Removing marijuana as a tested substance from the screening requirements	Support	This bill would remove cannabis as a substance to test for under the WV Alcohol and Drug Free Workplace Act. The ACLU opposes suspicionless drug testing and drug prohibition and supports steps that move away from this.
HB	2520	Requiring the Human Rights Commission, when investigating a complaint of discrimination, to specifically include an examination of the intent of the person	Oppose	This bill would add an intent requirement to discriminatory acts under the Human Rights Act. This would making it harder to prove discrimination, frustrating the purpose of the Human RIghts Act.
HB	2524	Modifying the definition of child abuse or neglect to exclude accidental injury	Support	This bill limits the definition of "neglect" for which a parent or guardian can be held criminally liable. While the ACLU does support reasonable steps to ensure the safety and welfare of children, this bill appears to protect against overzealous prosecution of parents which can compound trauma and even lead to family separation.
HB	2534	Authorizing possession and smoking of medical cannabis by approved persons	Support	This bill would allow certain people to consume smokable medical cannabis. The ACLU opposes the scheme of drug prohibition and supports steps to move away from prohibition.
HB	2538	Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights Act	Support	This bill would expand nondiscrimination protections in housing, employment and public accommodations to LGBT people. The ACLU supports this long-overdue protection.
HB	2542	Relating to wages of persons with disabilities	Support	This bill promotes the employment and fair wages for West Virginians with disabilities. The ACLU supports this effort to promote autonomy and dignity for people with disabilities.
HB	2543	Relating to calculation of the school aid formula based on net enrollment	Support	This bill changes the school aid formula to provide funding based on the maximum enrollment. This would increase funding for schools and help schools meet the constitutional requirements for providing an educational system.
HB	2545	West Virginia Religious Freedom Restoration Act	Oppose	This 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.
HB	2546	Relating to education to children and adults housed in correctional facilities and regional jails	Support	This bill modifies the requirements to provide education for people in the correctional system. It removes a stipulation that the requirements were contingent on funds being available. By removing this stipulation, the requirement stands regardless. The ACLU supports steps that promote rehabilitation and reentry.
HB	2549	Creating the Independent Redistricting Commission of the Joint Committee on Government and Finance	Support	This bill would create an independent redistricting commission as part of the redistricting process. The ACLU supports independent redistricting and removing political influence from the drawing of political districts.
HB	2550	Relating to the cultivation of medical cannabis	Support	This bill would allow for medical cannabis to be dispensed as a dry leaf or plant and allow people with a medical cannabis prescription to grow plants at home. The ACLU supports moving away from the prohibition of cannabis.
HB	2552	Removing the one-time limit on the expungement of certain criminal convictions	Support	This bill would be to allow people to avail themselves of the expungement process more than once. The ACLU supports efforts that ease reentry.
HB	2553	Relating to the juvenile justice reform oversight committee	Support	This bill would all the Juvenile Justice Reform Oversight Committee to allocate cost savings from juvenile justice reforms into an account to finance additional reforms.
HB	2557	Increasing access to contraceptive drugs, devices, and procedures	Support	This bill provides easier access to contraceptives and voluntary sterilization procedures through allowing access to a 12-month supply, encouraging insurance coverage, and removing other barriers. The ACLU supports access to reproductive healthcare.
HB	2558	Creating a domestic violence registry	Oppose	This bill creates a registry for domestic violence. The ACLU opposes the use of registries.
HB	2559	Prohibiting the private ownership or operation of a prison	Support	This bill prohibits private prisons in West Virginia. The ACLU opposes private prisons and supports this prohibition.
HB	2560	Requiring the Public Employees Agency and other health insurance providers to provide mental health parity	Support	This bill requires the PEIA insurance program to cover mental health services. The ACLU supports efforts to increase access to healthcare.
HB	2563	Requiring certain municipalities to pay for the incarceration of inmates	Oppose	This bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
HB	2567	Relating to the financial responsibility of inmates in relation to civil awards	Oppose	This bill expands the obligations that the Division of Corrections can pay on behalf of an inmate from monies taken from the inmate.
HB	2577	Create the Statewide Online Education Act	Oppose	This bill allows students to earn course credit through any "publicly funded" course offered online. This can include courses offered by charter schools. Courses can be paid for from funds for the student's local public school. This raises concerns that this scheme could lead to inadequate public education funding. For this reason, the ACLU opposes this legislation.
HB	2578	Create the Multi-Door Courthouse Act	Oppose	This bill allows expanded use of alternative dispute resolution (ADR). ADR can be a useful tool to find alternative means to settle dispute. However, this bill creates power disparities that could coerce parties into ADR. It does not set standards for arbitrators or mediators and it promotes confidentiality that can keep information of public importance from public records.
HB	2580	Mandating judgment by a mayor, any individual exercising the mayor's functions, the police court judge, or municipal judge be obligated to the Model Rules of Judicial Conduct	Support	This 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.
HB	2585	Relating generally to forfeiture of contraband	Support	This bill would end the process of civil asset forfeiture and replace it with a process of criminal forfeiture where property could only be forfeited after a criminal conviction. The ACLU opposes the practice of civil asset forfeiture and supports this reform.
HB	2587	Relating to drug testing of legislators	Oppose	This bill would require legislators to undergo drug testing. The ACLU opposes suspicionless drug testing.
HB	2594	Creating the Unborn Infants Wrongful Death Act	Oppose	This 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.
HB	2595	Prohibit "divisive concepts" from schools, state agencies and any groups receiving state funding	Oppose	This 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.
HB	2602	Require special elections to be held same day as primary or general election	Support	This bill requires all special elections to be held at the same time as primary or general elections. This would likely increase democratic participation, which the ACLU supports.
HB	2607	Require all registered voters to produce a photo ID to vote in all public office elections	Oppose	This bill would require voters to present a photo ID to vote. Photo ID requirements do not improve the integrity of elections and can lead to the disenfranchisement of voters, particularly from economically disadvantaged communities.
HB	2609	Establish quick response teams to work with drug users who are arrested	Oppose	This bill would create quick response teams to respond to, and follow-up with narcotic-related medical emergencies. The ACLU supports moving away from a law-enforcement-based response to substance abuse, and to expanding options for substance abuse disorder treatment, so long as those programs are not compulsory. The ACLU cannot support this legislation because the legislation still requires arrest and incarceration.
HB	2611	Establishing the Minority Health Advisory Team	Support	This bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
HB	2617	An Act to Establish a Cap on Government Red Tape	Oppose	This bill presents a variety of changes to the creation and implementation of regulatory rules. The practical effect would be to frustrate all administrative rulemaking. In general the ACLU supports more decisions by elected representatives. However, this legislation goes too far in limiting the role of administrative agencies and would hurt good governance.
HB	2625	Permitting election day registration of voters	Support	This bill allows voters to register and vote on election day. The ACLU supports same-day registration as an important and common sense reform to make our democracy more accessible.
HB	2655	Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientation	Amendments Needed	This bill expands hate crime protections to people with disabilities and to LGBTQIA individuals. The ACLU supports enhancing protections for these communities. However, the ACLU is opposed to new crimes without steps to move away from incarceration.
HB	2693	Eliminating the Human Rights Commission	Oppose	This bill would eliminate the WV Human Rights Commission and send all further human rights complaints to the EEOC or to local courts. The Human Rights Commission has special training and knowledge of civil rights violations and can offer remedies that are rarely used by courts. The ACLU opposes eliminating this body dedicated to protecting civil rights.
HB	2697	Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act	Support	This bill would add protections against discrimination based on sexual orientation or gender identity. The ACLU supports these much-needed protections.
HB	2698	Making it illegal to discriminate based on hair texture or hair style	Support	This bill clarifies that employment decisions based on hair-styles or textures associated with race constitute racial discrimination.
HB	2716	West Virginia Public Participation Protection Act	Support	This 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.
HB	2752	Prohibiting discrimination in access to organ transplants based on physical or mental disability	Support	This bill ensures that people have access to organ transplants regardless of mental or physical disabilities. The ACLU opposes rationing medical care based on disability status and therefore supports this legislation.
HB	2762	Exempt from this article any actions arising from the practice of elective abortion or elective abortion relates services	Oppose	This bill would prohibit medical liability for abortion care. Without liability coverage, providers cannot operate. This is another barrier to abortion which the ACLU opposes.
HB	2778	Create the Education Tax Credit	Oppose	Education tax credits are a program that allows public money to be used for private and religious education. The ACLU opposes such schemes.
HB	2839	Establish Recovery Can't Wait Program	Support	This bill would facilitate distribution of naloxone, establish certain medication-assisted treatment recovery centers, and provide for mental health counselors in schools. The ACLU supports community-based alternatives to helping people who wish to recover from substance abuse disorder outside of the criminal legal system.
HB	2841	Campaign Finance Reform	Neutral	This bill would require the disclosure of contributors to PACs, candidates and candidate campaigns. It would also limit self-loans. The ACLU does have concerns about the right to anonymous political activity and will monitor this legislation to ensure that disclosure laws and rules regarding expenditures do not conflict with the right to political speech.
HB	2843	Require medical malpractice insurers to establish a separate insurance pool for doctors who conduct abortions	Oppose	This bill would require medical malpractice providers to create a separate pool for abortion providers. This is designed to make it more difficult for providers to get necessary insurance coverage. The ACLU opposes legislation designed to limit access to abortion.
HB	2845	Stop Social Media Censorship Act	Oppose	This bill would allow a social media site to be civilly liable if the moderate or censor certain content. While the ACLU recognizes the importance of social media, there are several problems with this legislation. Social media platforms are private and generally permitted to moderate the content. This is also preempted by federal law.
HB	2849	Repeal Right-to-Work legislation	Support	This bill would repeal the "Right to Work" law which gives people the protections of unions, but does not require them to pay any fees or dues. The ACLU supports the rights of collective bargaining and opposes West Virginia's Right to Work legislation.
HB	2850	Establish a Corporate Crime division in the State Police	Oppose	This bill would create a special division within the WV State Police to investigate corporate crime. While there are disparities in the enforcement of laws against corporate actors versus poor and marginalized communities, the ACLU is opposed to further expanding the police state. Additional, experience has shown that this agency will still wind up likely targeting poor and minority communities.
HB	2864	Remove felonies from reason to disqualify from voting	Support	This bill would expand voting to people who have left incarceration even if they are still on parole or probation. The ACLU supports expanding voting rights.
HB	2865	Create a Police Officer's Bill of Rights	Oppose	This bill would modify existing procedures and protections for investigations of police misconduct including excessive use of force. This bill would create even less civilian oversight add more protections, and provide for less transparency than current procedures. The ACLU supports holding police accountable for misconduct through public and transparent process.
HB	2872	Relating to statute of limitations for discrimination	Support	This bill expands the time that someone can file a discrimination claim and expands the employers who are bound by anti discrimination laws. The ACLU supports greater protections against discrimination.
HB	2883	To ensure that the WV Judiciary remains neutral and detached in matters related to allocation of custodial responsibility and decision-making responsibility of children	Support	This bill prohibits courts from conducting written investigations during certain family law matters. As a matter of general practice courts do not conduct investigations, and expanding this general rule helps to protect due process.
HB	2899	Relating to anti-discrimination protections for independent contractors	Support	This bill would expand non-discrimination protection to independent contractors. The ACLU supports ensuring that people cannot be discriminated against regardless of their employment status.
HB	2904	Relating to unlawfully using electronic communication devices while driving	Oppose	This bill creates additional criminal penalties for using an electronic device while driving and for any resulting injury or death. There are already crimes provisions in the criminal code that cover these situations and the ACLU opposes the creation of new crimes.
HB	2912	Relating to cannabis and cannabis product sales, growth, and consumption in this state	Support	This bill would legalize and regulate cannabis. The ACLU support the legalization of cannabis.
HB	2919	Protect privacy of those who store firearms in WV	Support	This bill prevents disclosure of storage of a firearm to law enforcement absent a judicial order in an active criminal investigation. The ACLU supports keeping information private.
HB	2921	Permitting anyone over 65 to vote absentee	Support	This bill clarifies that anyone over 65 has is eligible for absentee voting. The ACLU supports expanding access to voting.
HB	2923	Relating to Social Media privacy and educational institutions	Support	This bill prevents an educational institution from compelling students to turn over access to social media accounts. The ACLU supports these privacy measures.
HB	2925	Relating to data disposal protection	Support	This bill requires businesses to safely dispose of customer data when it is no longer being used. The ACLU supports legislation that helps to protect privacy and private information.
HB	2926	Relating to the Disconnection of Residential Utility during a State of Emergency	Support	This bill prevents public utilities from shutting off service during or immediately after an emergency. This provides important safeguards that people can access basic services during a time when alternatives may not be safe or accessible due to government actions.
HB	2928	The purpose of this bill is to permit registered voters to vote an absentee ballot by mail in all circumstances	Support	This bill would allow all people to request an absentee ballot without an excuse. The ACLU supports legislation that would expand access to the ballot.
HB	2954	Abortion permitted only in certain instances	Oppose	This bill would dramatically limit access to abortions by restricting where they can occur, and would add criminal penalties for women lying about the circumstances of their abortions. The ACLU opposes restrictions on abortion.
HB	2961	Provide protections for employees in legal employment disputes by providing that no employee can be required as a condition of employment to agree to mandatory arbitration	Support	This bill prohibits employers from requiring arbitration in employment disputes as a condition of employment. Mandatory arbitration can deny the public important information and deny people the right to a jury trial.
HB	2967	Permitting certain felons to work in licensed behavioral health facilities	Support	This bill would let certain non-violent felons work in behavioral health facilities. The ACLU supports removing barriers to reentry after a criminal sentence.
HB	2976	Allow women to work on inmate road crews	Support	The ACLU opposes any sex-based discrimination. However the ACLU has concerns about prison labor.
HB	2977	Allow guns to be carried on capitol grounds	Oppose	This 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.
HB	2989	Requiring local entities to enforce immigration laws	Oppose	This 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.
HB	3003	Relating to the definition of employer for sexual harassment purposes	Support	This bill would expand the statute of limitations for discriminatory practices and would expand protections to independent contractors. The ACLU supports measures to address discrimination.
HB	3005	Relating to law enforcement warrant for third party information	Support	This bill would require law enforcement to get a warrant before getting information from certain telecommunication or computer services about customers or clients. The ACLU supports requiring warrants before the disclosure of such information.
HB	3006	Creating a homeless education coordinator for county schools	Support	This bill creates a homeless education coordinator to work with youth and families who are experiencing homelessness or housing insecurity. This can help to ensure that these youth receive appropriate education, and services. Doing so can also reduce the likelihood of juvenile justice involvement.
HB	3018	Providing for expungement of domestic violence pretrial diversions	Support	This bill would allow people to expunge their record from domestic violence charges if they complete a pretrial diversion program. The ACLU supports measures that help people avoid collateral consequences of charges.
HB	3019	Creating the Campus Free Expression Act	Support	This bill reasserts certain First Amendment protections on college campuses.
HB	3023	Places of worship may not be shut down by state of emergency	Oppose	The ACLU strongly supports religious freedom. We have expressed concerns about overly broad emergency executive powers. However, this bill would prohibit the governor from ever shutting down a place of worship even when it is appropriate given the circumstances of an emergency. As such, this prohibition is too broad.
HB	3024	Prohibit abortions based on down syndrome	Oppose	This bill would prohibit abortions on the basis of Down Syndrome. Currently people do not have to give a reason for an abortion, and it is not the government's place to try to determine why people elect to have medical procedures.
HB	3027	End qualified immunity	Support	This bill would end qualified immunity which protects the government from civil lawsuits. Qualified immunity often prevents people from seeking redress for civil liberties violations, and the ACLU supports ending qualified immunity.
HB	3028	Right to travel bill	Neutral	This bill would prohibit emergency orders from restricting any West Virginia resident from entering the state during a declared emergency. Broadly, this is a good concept, but a blanket rule like this may be inappropriate in unforeseen emergency circumstances. The ACLU takes no position on this bill at this time, but will continue to monitor and study it.
HB	3031	Authorizing civil damages for any person who was subject to an intentionally false report made to law enforcement	Support	This 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.
HB	3032	Prohibiting discrimination based on an individual's mental or physical disability in access to organ transplantation	Support	This bill prohibits using mental or physical disability to deny or reduce the priority for people to receive organ transplants. The ACLU opposes this type of discriminatory medical rationing and supports this legislation.
HB	3039	Exempting certain hygiene products from sales tax	Support	This bill exempts menstrual hygiene products from sales tax. This tax unfairly puts a burden on people who buy menstrual products, while many other hygiene products are tax exempt. The ACLU supports levelling the playing field.
HB	3043	Relating to transport of persons accused of being mentally ill to mental health relating hearings	Neutral	This bill transfers the responsibility to transfer jail inmates facing a mental capacity hearing from the Sheriff to the Department of Corrections. The ACLU will monitor this legislation to ensure it does not create the risk of further infringements on the rights of the mentally ill and accused.
HB	3079	Relating to exempting recovery residences from certain standards	Support	This bill exempts certain recovery residences from the building, fire safety, sanitation and occupancy codes of the certifying agency if there established municipal rules. This reduces barriers to operating these homes.
HB	3080	Relating to making the Bureau of Behavioral Health the certifying agency for recovery residences	Oppose	As amended in the House Prevention and Treatment of Substance Abuse Committee, this bill creates a strict licensing scheme for recovery residences. There are protections for these residences under both the Americans with Disabilities Act and the Fair Housing Act. A licensing scheme violates these laws and creates housing discrimination for people with a recognized disability.
HB	3090	Ban-the-Box Act	Support	This bill would prohibit public employers from asking about criminal history in employment applications. Too often these questions mean a person gets no further consideration for a position, and helps to perpetuate consequences far beyond the original sentence. Prohibiting these questions can ensure people get a fair shot and are able to reenter life after a conviction.
HB	3091	Requiring Compliance with Generally Accepted Standards of Care	Support	This bill would require health insurance plans to provide coverage for mental health and addiction services. The ACLU recognizes that disparities in coverage for mental health is a disability rights issue and lack of coverage can drive people into the legal system.
HB	3092	Creating Emergency Healthy Families and Workplaces Act	Support	This bill creates additional paid sick leave for employees during public health emergencies. This can be a life and death issue for people who have chronic health conditions. The ACLU supports this protection.
HB	3095	To create the "Protection of Property from Warrantless Searches Act"	Support	This bill would strengthen the warrant requirement for government agents, require the use of body cameras when entering private property, and puts restrictions on property seizure.
HB	3098	Prohibit at-will employment and mandate that employees may only be dismissed for cause after completing a probationary period	Support	This proposed legislation would end "at will" employment, and would require a reason for any termination or dismissal. Among other things, this is a protection against workplace discrimination.
HB	3108	Establish the WV Constitution and the WV Code as the primary law in WV	Oppose	This bill would attempt to invalidate the US Constitution and any international treaties, which is unconstitutional itself.
HB	3111	Supporting Students Who Are Parents Act	Support	This bill would require the Department of Education to develop a policy to accommodate students who are also parents. The ACLU supports measures to provide equity for parents and families.
HB	3112	Requiring Trauma-informed Employee training for employees of Division of Corrections and Rehabilitation	Support	This bill requires the Division of Corrections and Rehabilitation to provide training to recognize trauma and suicidal tendencies. Trauma-informed practices can help ensure inmate safety.
HB	3113	Removing certain drugs from schedule 1	Support	This bill would remove cannabis and derivatives and psilocybin from schedule 1 of the controlled substances schedule. The ACLU supports the decriminalization of drugs.
HB	3120	Providing for continuity of medical care for newly-incarcerated people	Support	This bill requires medical interviews and efforts to provide appropriate ongoing medical care for new inmates. Bills like this can help to protect the health of people who are incarcerated.
HB	3121	Providing for collection of data regarding police encounters that are not traffic stops	Support	This bill would require police to record data for traffic and other stops. This bill could provide insight into police practices and help to reduce racial profiling.
HB	3124	Permit collective bargaining for public employees	Support	This bill would allow public employees to collectively bargain. The ACLU supports the right to organize and collectively bargain.
HB	3136	Repeal code relating to wagering or betting on elections	Oppose	This bill would repeal a provision that prohibits gambling on election results. Permitting gambling risks the integrity of elections.
HB	3138	To update the requirements of the state director of health to quarantine and enforce regulations in a specific place	Support	This bill requires that public health quarantines must list a specific place. It also removes the ability to arrest or incarcerate people for quarantine violations. The ACLU supports providing more specific and narrow limitations by the government and limiting the use of arrest.
HB	3141	Designating February 3 as "Freedom Day," to memorialize the February 3, 1865 Act by the Legislature that abolished slavery in West Virginia	Support	This bill would require the Governor to recognize the day that the WV Legislature abolished slavery.
HB	3143	Prohibit county clerk from charging or prohibiting person from taking pictures of public documents	Support	This bill would allow people to photograph public documents without a fee. The ACLU supports removing barriers to public access and involvement.
HB	3145	Providing certain exemptions from recovery residence standards for group housing facilities of 50 beds or more	Support	This bill exempts certain recovery residences from the building, fire safety, sanitation and occupancy codes of the certifying agency if there established municipal rules. This reduces barriers to operating these homes.
HB	3153	Eliminate the WV Fusion Center	Support	This bill would eliminate the WV Fusion Center. The ACLU views Fusion Centers as a dangerous mix of law enforcement and intelligence that threatens privacy rights.
HB	3160	Creating online voters' guide	Support	This bill would require candidates for certain constitutional offices to provide some basic background information, and would put the information in a central online location. The ACLU supports legislation that helps encourage civic engagement and voting.
HB	3163	Second Look Sentencing Act	Support	This would allow people with certain long sentences to apply for modifications after a certain period of time. The ACLU supports legislation that can help alleviate lengthy sentences.
HB	3166	Prohibit Department of Corrections and Rehabilitation from making inmates pay co-payment for medical or dental service by a doctor or nurse	Support	This bill would prohibit the Department of Corrections and Rehabilitation from making inmates pay for medical services. In incarcerating people the state takes the responsibility for their health and wellbeing including medical care.
HB	3167	Access to Rehabilitation Act	Support	This bill would prohibit inmates from being charged fees for reading material. The ACLU strongly opposes creating fees to access reading material.
HB	3168	Creating small business and minority populations economic and workforce development taskforce	Support	This bill creates a task force to address persistent disparities in employment and entrepreneurship in West Virginia. The ACLU strongly supports proactive steps to finally end the legacy of slavery and racism.
HB	3174	Require Correctional Facilities to provide free feminine hygiene products	Support	This bill requires correctional facilities to provide menstrual products to inmate without charge. The ACLU supports the notion that people who are incarcerated should not be punished for bodily functions.
HB	3176	Requiring sharps containers in all state buildings and facilities where the public is allowed	Support	This bill requires a sharps deposit container in all state buildings. This can provide convenience to people who have medical conditions where they need to inject medication. It also provides a solution to concerns about syringe litter without removing services or creating new crimes.
HB	3188	"Making expungement of records for certain defendants found not guilty or
have had charges dismissed to occur without petitioning the court"	Support	This bill would automatically expunge the records of people found "not guilty" or where charges were dismissed. Prior records, even when there wasn't a conviction can make it harder for a person to get a job, housing, or education, so the ACLU supports this step.
HB	3193	Relating to obtaining an appropriate gender marker for state documents	Support	This bill provides a process for people to get ID that appropriately identifies their gender and allow for a gender marker for non-binary people. The ACLU supports letting people get accurate identification.
HB	3196	Ensuring those citizens qualified for an expungement receive the expungement they are entitled	Support	This bill makes expungement automatic rather than by petition, and establishes a timeframe to expunge records. Expungement can be an important step in reducing collateral consequences of incarceration.
HB	3204	Relating to custodial interrogation of a child	Support	This bill puts into statute certain restrictions on interrogating a child, and excludes any evidence from such testimony if steps are not taken. The ACLU supports limits on interrogations.
HB	3205	Relating to medical marijuana	Oppose	This bill changes the medical cannabis act. It removes a provision that protects people using medical cannabis from discrimination and instead protects the employer from lawsuits.
HB	3211	State Police Review Board	Support	This bill creates a review board for to review police across the state of WV. The ACLU supports creating more transparency and accountability in law enforcement.
HB	3220	Restrictions on Taxpayer funded lobbying	Support	This bill requires political subdivisions and agencies that lobby to disclose expenditures on lobbying. While the ACLU does not support other legislation that seeks to silence these entities, this bill provides transparency which the ACLU supports.
HB	3233	Prohibit electronic ballots	Oppose	West 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.
HB	3234	Ban civil asset forfeiture unless person convicted	Support	This bill would end the practice of civil asset forfeiture, where law enforcement can use a legal action to take people's property, even if they are not charged or convicted of a crime. The ACLU supports ending civil asset forfeiture.
HB	3237	Establishing of the West Virginia Public Participation Act	Support	This 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.
HB	3245	The Protection of All Property from Warrantless Searches Act	Support	This bill would strengthen the warrant requirement for government agents, require the use of body cameras when entering private property, and puts restrictions on property seizure.
HB	3246	Protecting Everyone's Constitutional Rights Act	Support	This bill clarifies that people have a cause of action in state court for a deprivation of constitutional rights under the color of the law. The ACLU supports being able to hold the government accountable when it deprives people of their rights.
HB	3247	Creating the Katherine Johnson and Dorothy Vaughan Fair Pay Act	Support	This bill prevents employers from prohibiting employees from discussing their wages. These types of prohibitions have been linked to disparities in pay by race and gender.
HB	3257	Faithless Elector law	Amendments Needed	This 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.
HB	3259	Prohibit state funding for any organization that performs abortions	Oppose	This bill would prohibit any state funds to go to any organization that directly provides abortions or for any organization that provides financial coverage for abortions. The ACLU supports the right to abortion and opposes attempts to limit access.
HB	3263	Relating to creating the refugee information act	Oppose	This 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.
HB	3264	Provide for crime of impersonating non-public persons on social media	Oppose	This bill would create a new crime for impersonating a person on social media. The ACLU opposes the creation of new crimes, and there are already civil remedies for such behavior when it results in actual harm.
HB	3265	Require an ultrasound prior to abortion	Oppose	This bill would require a pregnant person to undergo an ultrasound prior to an abortion. This is unnecessarily invasive, and creates burdens and costs that are barriers to abortion access.
HB	3276	Creating parity for mental health services	Support	This bill requires the state Medicaid program to equally fund access to mental, behavioral and recovery services as they do for other health services.The ACLU supports efforts to increase access to healthcare.
HB	3280	Relating to assault with bodily fluids	Oppose	This bill would create a new misdemeanor offense. The ACLU opposes the creation of new crimes.
HB	4004	Relating to limiting an abortion to fifteen weeks gestation	Oppose	This law prohibits abortions after 15 weeks of gestation. This is well below viability and the line set forth by Roe v Wade and is therefore unconstitutional.
HB	4005	Relating to fetal body parts	Oppose	This bill limits the disposal of certain medical waste. This is an attempt to limit the ability to practice medicine.
HB	4006	Relating to revising the criminal code generally	Oppose	This is a complete rewrite and reorganization of the criminal code. While some sentences are reduced, assessments indicate many more people would serve longer. The bill also contains changes, such as protections for monuments, about which the ACLU has concerns.
HB	4011	Establishing the Anti-Stereotyping Act	Oppose	This 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..
HB	4012	Prohibiting the showing of proof of a COVID-19 vaccination	Oppose	This bill would prohibit government agencies including schools and universities to require proof of 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.
HB	4014	Allowing the concealed carry of firearms on and in the Capitol grounds	Oppose	This 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.
HB	4015	Establishing the West Virginia Religious Freedom Restoration Act	Oppose	This 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.
HB	4016	Creating The Anti-Racism, Anti-Sexism, and Prevention of Political-Economic Bias in School Curriculum and Pedagogy Act of 2022	Oppose	This bill prohibits teachers in public and charter schools from being able to engage in a wide variety of important classroom topics, particularly pertaining to the history of racism and sexism in the United States. It requires propaganda about economic and political systems. And it prohibits recognition of gender identity inconsistent with federal law. The ACLU strongly opposes this bill for these reasons.
HB	4020	Relating to reorganizing the Department of Health and Human Resources	Neutral	This bill would break the Department of Health and Human Services into two separate departments. The ACLU takes no position on this reorganization but does have concerns about providing important services, particularly for vulnerable populations.
HB	4032	Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse	Oppose	This bill increases penalties for abuse and neglect of children. Protection of children is important. However, these penalties apply only after harm has occurred, and increased penalties are unlikely to be any more of a deterrent than existing penalties, while perpetuating prison overcrowding.
HB	4035	Remove the persistent vegetative state from the living will	Neutral	This bill removes provisions for a persistent vegetative state from a living will. Practically, it means that a persistent vegetative state would not automatically be included in a request to stop life support. However, a person could still make the request specifically.. The ACLU supports the right of people to make their own decisions about their life and death, including in situations like that. We will monitor this legislation to ensure that right is preserved.
HB	4042	Increasing criminal penalties for certain crimes against houses of worship	Oppose	This bill enhances penalties for arson and property crimes against houses of worship. While it is important to protect these properties, the enhanced penalties are egregious and will only contribute to unnecessarily high incarceration.
HB	4049	Relating to abortions after detection of an unborn child's heartbeat	Oppose	This bill would prohibit abortions as early as five weeks, before many people even know they are pregnant. The ACLU strongly supports the right to seek an abortion without government interference.
HB	4052	Relating to Off Duty LEO and LEOSA Exemptions	Oppose	This bill allows off-duty and retired officers to be able to carry firearms at the West Virginia capitol. The ACLU general opposes allowing firearms at the Capitol due to the chilling effect it can have on speech. These concerns continue to apply to this bill. Furthermore, the ACLU opposes giving law enforcement officers who are not on duty special privileges.
HB	4053	Relating to reasonable force in defense of self, real and personal property	Oppose	This 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.
HB	4066	Distracted Driving Act	Neutral	This bill makes modifications to the distracted driver laws. Notably it slightly increase fines and allows points to be added to licenses. It also clarifies that people may be charged with negligent homicide if they cause a death while driving distracted. The ACLU generally opposes increasing criminal penalties, and will monitor this legislation to ensure changes are minor.
HB	4071	Mask and Quarantine Option For Parents and Faculty	Oppose	This bill would prohibit schools from requiring masks, specifically related to the Covid-19. The ACLU believes public health decisions should follow the evidence-based guidance of scientists and public health experts. Additionally, failure to take appropriate precautions creates additional risks for students who have health problems and prevents them from availing themselves fully of the public education system.
HB	4074	Require schools provide eating disorder and self-harm training for teacher and students	Support	This bill would require teachers and students receive training on self-harm and eating disorders. Trainings such as this can help identify and intervene with at-risk students without the use of the disciplinary and legal system.
HB	4085	Relating to living anatomical gift	Support	This 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.
HB	4090	Increasing penalties for trespassing	Amendments Needed	This bill increases the penalties for trespassing. It increases the fine and allows jail time. Trespassing laws are often used against people who are experiencing homelessness or who are perceived as homeless and is part of the criminalization of poverty. The ACLU opposes these provisions. However the bill does also explicitly allow community service to be substituted for a first-time violation. The ACLU supports utilizing community-based corrections.
HB	4095	To require a moment of silence at the beginning of school each day in the state	Neutral	This 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.
HB	4099	Increasing transparency in the apportionment process for congressional and legislative districts	Support	This bill would require public hearings, including virtual public hearings prior to the redistricting process and after maps have been developed. This would increase transparency and public input.
HB	4100	Providing criminal penalties for the intentional defacement of public and private property due to graffiti	Oppose	This bill creates a crime for graffiti. It has enhanced penalties for repeat offences and allows for felony convictions if the damage is valued high enough. It holds parents monetarily liable for the acts of minor children. The ACLU opposes the creation of new penalties, and this proposal is particularly problematic.
HB	4107	Make all state inmates regardless of sex members of the state convict road force	Support	The ACLU opposes any sex-based discrimination. However the ACLU has concerns about prison labor.
HB	4108	Provide wardens with ability to use inmates to perform work in the upkeep local cemeteries	Support	This 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.
HB	4255	Abortion permitted only in certain instances	Oppose	This bill would ban abortions as early as five weeks. This is before most people even know that they are present. It would also require abortions to take place in hospitals, placing an unnecessary burden on reproductive health providers.
HB	4268	Relating to two person consent for recording	Amendments Needed	This bill requires all parties to agree and consent to being recorded. Currently people can be recorded as long as one party consents. The ACLU supports this basic privacy protection. However the we oppose a completely unnecessary section of the bill that would create a new felony if the recording takes place in a bathroom.
HB	4273	Related to fines for trespassing	Oppose	This bill significantly enhances the fines for trespassing, which is a charge often levied against people experiencing homelessness. The ACLU opposes this criminalization of poverty.
HB	4278	Relating to repayment of legal services when payment is made by the state for public defender services	Oppose	This bill would require Public Defender Services to seek to recover attorney fees and costs for court-appointed attorneys from defendants through tax garnishment. This is contrary to the basic premise of court-appointed representation.
HB	4283	Relating to penalties for conspiracy to commit murder	Oppose	This bill establishes determinate sentences for conspiracy homicide charges. The transition to determinate sentences increases the period people will be incarcerated. The ACLU opposes increasing sentences.
HB	4293	Prohibiting mass mailing of absentee ballots	Oppose	This bill creates a new prohibitions on sending absentee ballot applications. A ballot application is not an absentee ballot, and sending applications only helps people who are eligible for absentee voting to apply in time. This also creates a new crime, which the ACLU opposes.
HB	4298	Ban any and all Covid-19 vaccine mandates	Oppose	This bill replaces existing code on Covid-19 vaccine mandates for private and public employers with a blanket prohibition. The ACLU does not support a blanket prohibition.
HB	4299	To prohibit the intentional interference with election processes and creating associated criminal penalties	Oppose	This bill creates a crime of intimidating, harassing, or intimidating a voter who is traveling to the polls. The ACLU believes that the voters must be protected from undue harassment and intimidation. However, the language of this is overly broad and could chill protected political speech.
HB	4304	To provide that out of school suspensions be considered "excused" absences	Support	This bill clarifies that certain disciplinary measures such as suspension or expulsion cannot then also be counted as unexcused absences which could count towards a truancy charge for a child. This bill reduces the school-to-prison pipeline.
HB	4311	Creating criminal penalties for illegal voting activity	Oppose	This bill adds language to existing prohibitions on voting more than once in an election and dramatically increases the criminal penalties. The added language is unnecessary and redundant. And the ACLU opposes increasing criminal penalties.
HB	4312	Extending the option of electronic absentee ballot transmission to first responders in certain emergency circumstances	Support	This bill expands who can be eligible for an emergency absentee ballot to first responders in certain situations. The ACLU supports efforts to make voting easier and more accessible.
HB	4315	Ban people from picking a correctional facility based on their gender choice	Oppose	This bill would prohibit the Department of Corrections from recognizing a person's gender identity and treating them accordingly. This is dangerous and discriminatory.
HB	4320	Relating to natural immunity or antibodies to any illness to be treated as equal or better to vaccine induced immunity	Oppose	This 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.
HB	4325	Providing online privacy protection laws for children under 18 years of age	Support	This 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.
HB	4327	Relating to the suspension of driver's license for unpaid tickets	Oppose	This bill allows drivers' licenses to be suspended if a person does not have a payment plan set up within 6 months of having a fine imposed. This rolls back a law that stopped suspension of licenses for unpaid fines and fees. Driving privileges are not related to court fees and an inability to pay is unrelated to driving. Suspending licenses makes it harder for people to get and maintain work to pay fees.
HB	4328	Requiring that any doctor performing an abortion must be board-certified in obstetrics and gynecology	Oppose	This bill would require a medical professional performing an abortion be a board-certified OB-GYN. This is an unnecessary restriction on a safe medical procedure, and is only designed to limit abortion providers, rather than having any justifiable public health benefit.
HB	4330	Allowing private school students to play public school sports in some instances	Oppose	This bill requires public schools to accept certain private and parochial school students on athletic teams. Public schools spend money for student athletics and would be required to spend more money on students for whom the school gets no funding. This risks the school's requirement to provide a thorough and efficient education.
HB	4337	Creating the Unborn Child with Down Syndrome Protection and Education Act	Oppose	This bill limits the ability to have an abortion if certain health conditions are detected about the fetus. It creates forms for physicians to fill out to state the reason for the abortion, and it creates penalties. It is not appropriate for the government to review or judge what medical procedure a person has or why they have them.
HB	4346	Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency	Amendments Needed	This bill makes revisions to the code regarding the Governor's emergency powers. Notably, the changes require the legislature to approve an emergency lasting more than 60 days and protect against property seizure. The ACLU supports these safeguards against the abuse of emergency powers. However, this bill also prohibits closing houses of worship. While such actions should only be done in extreme situations, it is not appropriate to create a blanket prohibition.
HB	4347	Providing confidentiality of video and other records of correctional and juvenile facilities	Oppose	This bill keeps that videos and other records of inmates from public disclosure. The bill allows records to be released to an attorney investigating a potential claim against the institution. While protecting privacy is important, this bill goes too far in preventing journalists or independent investigations.
HB	4353	Relating to On Cycle Elections - Voter Turnout Act	Support	This bill removes all special elections to have elections occur on statewide election days. General elections get better turnout, and so more voters are likely to be informed about and participate in key issues.
HB	4354	Ban the Box Act	Support	This 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.
HB	4356	Placing notation on drivers license or ID cards regarding certain cognitive disabilities	Neutral	This bill allows people with certain cognitive or neurological disabilities to request those disabilities be noted on a license. This is designed to help provide law enforcement officers with information that could prevent misunderstandings. As an optional program, this is less problematic than proposals that would require people to denote medical conditions. However, it is still concerning that a person would need to disclose personal medical information on ID's that are used for more than law-enforcement interactions to ensure a safe law enforcement encounter.
HB	4359	Creating the Criminal Forfeiture Process Act, replacing the West Virginia Contraband Forfeiture Act	Support	This bill would end the process of civil asset forfeiture and replace it with a process of criminal forfeiture where property could only be forfeited after a criminal conviction. The ACLU opposes the practice of civil asset forfeiture and supports this reform.
HB	4361	Relating to the suspension of driver's licenses for failure to appear in court	Support	This bill limits how long a license can be suspended for a failure to appear in court and allows for provisional licenses for certain people. The ACLU supports efforts to stop unnecessary punishments that create barriers to rehabilitation and reentry.
HB	4367	Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative roles	Support	This bill provides a $200 tax credit for businesses who but minorities and women in certain roles. The ACLU supports efforts to overcome systemic inequities.
HB	4373	To exclude fentanyl test strips from the definition of drug paraphernalia	Support	This bill clarifies that fentanyl test strips are not drug paraphernalia that can lead to a drug prosecution. This is an important protection that can save lives and reduce unnecessary incarceration.
HB	4374	Relating to implementing a Medicaid state plan amendment as necessary and appropriate to effectuate a system of certified community behavioral health clinics	Support	This bill requires the state to develop and designate a system of certified behavioral health centers. Certified centers will accept Medicaid and will provide specific guidance on services offered. This is important both for ensuring there are adequate and accessible health services for people, but also services that can often be used in lieu of incarceration.
HB	4375	To ensure that imposition of certain sexual offenses applies to those persons working in juvenile facilities against juveniles detained or committed in juvenile facilities	Support	This bill clarifies that sexual offenses against inmates applies to juvenile facilities and applies to juveniles who are detained at those facilities. The clarification is an important protection against people who act with the authority of the state.
HB	4376	Granting full time employees of county boards of education three months of paid leave following the birth of a child	Support	This bill provides for paid family leave for school personnel. The ACLU supports paid family leave.
HB	4377	To update the involuntary commitment process	Amendments Needed	This bill makes numerous changes to the involuntary commitment process. Notably, the bill limits involuntary commitment for substance use disorder and other chronic mental health conditions, which the ACLU supports. However, it lengthens the time a person may be held involuntarily, which the ACLU opposes.
HB	4382	Relating to preserving a patient's right to abortion	Support	This bill removes all state-imposed restrictions on abortion. The ACLU supports giving people full reproductive autonomy.
HB	4391	Relating generally to school nurses	Support	This bill requires schools to have a nurse per every 1500 students. Providing appropriate health and support services is an essential part of making a safe and supportive learning environment.
HB	4392	Create the West Virginia Native American Tribes Unique Recognition, Authentication, and Listing Act	Neutral	This bill provides a mechanism through the Herbert Henderson Office of Minority Affairs to recognize Native American Tribes and organizations. There have been debates regarding excluding Native Peoples because they do not have federal recognition, and allowing people to appropriate Native identity for gain. The ACLU will monitor this legislation to ensure a proper balance is met.
HB	4395	Relating to requirements imposed on social media companies to prevent corruption and provide transparency of election-related content made available on social media websites	Oppose	This bill requires social media companies, in the 60 days preceding an election to verify a variety of information, including information about candidates. It requires reporting on any payments to boost information about the election, and prevents untraceable messaging on electoral issues. These issues are best left to the federal government, and will serve as an undue infringement on political speech.
HB	4401	Making it a misdemeanor for a person to knowingly allow a felony drug offense to be committed on his or her property	Oppose	This bill creates a 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.
HB	4403	Relating to the criminal offense of desecration of graves and vandalizing cemeteries	Amendments Needed	This bill adds 250 hours of community service in a cemetery where a crime of desecrating a grave has been committed. The ACLU supports the use of restorative justice and community corrections, however this bill does not allow this to be done in lieu of other prescribed punishments.
HB	4407	Requiring photo identification for mail in ballots	Oppose	This bill would require people who vote by absentee ballot to provide some form of ID with the ballot. The ACLU opposes voter ID requirements in general. People voting by absentee are more likely to not have access to an ID or to copying technology.
HB	4412	Collecting a tax from manufacturers and distributors of opium and opiate drugs to be used for funding addiction and prevention	Support	This 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.
HB	4414	Prohibit requiring Covid-19 vaccine or booster shot to attend in person classes at colleges and universities	Oppose	This 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.
HB	4423	To allow West Virginia Magistrate Courts to more easily recover payments owed to them.	Oppose	This bill allows magistrate courts to order suspension of driver's licenses for unpaid fines and fees. The ACLU opposes suspending licenses for fees and fines. These bills unfairly punish the poor and make it harder for people to pay fees.
HB	4424	Defining the operations of jail functions	Oppose	This bill takes salaries and benefits of correctional officers out of the per diem cost of jails. The state will still pay this money, but will artificially deflate the cost of mass incarceration.
HB	4427	To establish a review process for periodic monitoring video cameras in special education classrooms by authorizing each county school board to designate a monitoring supervisor to do periodic reviews of retained videos.	Neutral	This bill requires that a designated person do periodic audits of footage of special education classrooms. The ACLU opposed the original bill mandating placing cameras in every special education classroom. However, with appropriate safeguards, this does not improve or make worse the original law.
HB	4434	Establishing the Family and Medical Leave Insurance Benefits Act	Support	This bill would create paid family leave for employees in West Virginia. The ACLU supports paid family leave.
HB	4435	Establishing 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 court	Oppose	This bill sets the minimum age to marry at 18 and removes any bypasses to this restriction. The ACLU views marriage as a fundamental right, and does not support such a broad restriction.
HB	4436	Be Exceptional Starting Today Act	Support	This bill would legalize cannabis. The ACLU supports ending cannabis prohibition.
HB	4437	Reentry Task Force	Support	This 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.
HB	4440	Ban Sanctuary cities in West Virginia	Oppose	This 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.
HB	4442	Modifying the process of contesting elections	Support	This bill gives the jurisdiction of certain election contests to the circuit courts instead of county commissions. The ACLU supports a judicial review process.
HB	4444	Establishing a pilot program to develop school-based mental and behavioral health services	Support	This 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.
HB	4447	To establish cultural competency training for teachers obtaining or renewing a teaching license in West Virginia	Support	This bill would require that teachers receive some training in cultural competency. Better cultural competency can make classrooms for equitable and less discriminatory.
HB	4448	Establish the Commission on American History Enrichment	Support	This 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.
HB	4449	Clarifying the uniform deadline for electronically submitted voter registration applications	Support	This bill allows an electronic voter registration application to be accepted until midnight on the deadline day. This is a marginal improvement to expanding voter registration.
HB	4454	Allow consumers to opt out of the sale of personal information	Support	This bill requires companies that collect and sell personal information to notify consumers that information may be sold, to prohibit the sale of information of young children and allow all consumers to opt out. The ACLU supports government efforts to better protect privacy.
HB	4457	Providing tax credits for hiring those in recovery for substance abuse	Support	This bill creates a tax incentive for employing people in substance abuse recovery. The ACLU supports efforts to help encourage voluntary recovery and reentry.
HB	4468	Election Reform 2022	Support	This bill would make numerous changes to the state election laws, including removing signature matching, and allowing for no-excuse absentee voting. The ACLU supports these measures.,
HB	4490	Extending the expiration date of the freeze of the per diem cost for incarcerated inmates in regional jails	Oppose	This bill extends a freeze on per diem rates at jails. The freeze has prevented the state and counties from confronting the true costs of jail overcrowding. At the same time, it gives jail authorities fewer resources to provide necessary services to inmates.
HB	4493	Relating to knowingly importing and transporting controlled substances through the State of West Virginia	Oppose	This bill creates enhanced penalties for people who bring fentanyl into West Virginia under certain circumstances. The ACLU opposes sentence enhancements.
HB	4500	Combining the offices of the West Virginia State Americans with Disabilities Act Office and the West Virginia Equal Employment Opportunity Office within the Department of Administration	Support	This bill terminates a state coordinator for the Americans with Disabilities Act, and creates a new coordinator for equal employment opportunities. The coordinator will not only help with employment for people with disabilities, but with other equal rights protections. The ACLU supports an intersectional and comprehensive view of equal opportunity.
HB	4506	"To clarify that the nonviolent offense parole program is not available to offenders who are serving a sentence that runs concurrently or consecutively with an excludable offense and to further clarify that the
program is not available to an offender who has been released under the
program on a previous occasion."	Oppose	This bill clarifies that people are not eligible for the Nonviolent Offense Parole Program if they are serving a sentence concurrently or consecutively where one of the charges was a crime of violence. This limits the ability to release people, even after they have served lengthy sentences.
HB	4508	Increasing penalties sexual offenses	Oppose	This bill increases the penalties for several sexual offenses. It also creates a new offense of sexual extortion. There are proactive steps that the legislature can take to prevent sexual assaults and rehabilitate offenders. The ACLU is opposed to increasing sentences.
HB	4509	Relating to gender neutral language for marriages	Support	This bill would require that gendered terms on marriage licences the applicable to the parties to the marriage regardless of their gender.
HB	4514	Mandating county commissions develop emergency absentee voting procedures	Support	This bill mandates that counties develop rules and procedures for delivering emergency absentee ballots. Currently counties are permitted to develop such procedures. This bill will ensure that, regardless of what county a person lives in, they have the ability to access emergency absentee ballots.
HB	4516	To require medication-assisted treatment programs to have written policies concerning community relations	Oppose	This bill requires medication-assisted treatment programs to have a specific policy regarding community relations, and to publish a legal advertisement before opening. These policies create additional barriers to treatment programs.
HB	4518	Relating to automatic voter registration	Oppose	This bill prohibits any entity, including government entities without express written permission. Notably, this would undo an automatic voter registration provision that was passed in 2016. The ACLU supports automatic voter registration and opposes this attempt to undo it.
HB	4519	Relating to establishing criminal penalties for human trafficking	Oppose	This bill increases criminal penalties for human trafficking. Trafficking violates a person's fundamental rights to liberty. However, increased penalties will not reduce trafficking, it will only add to mass incarceration.
HB	4521	"To establish minimum training requirements for law enforcement officials
on interacting effectively with people with Alzheimer's or other dementias"	Support	This bill requires law enforcement officers have training in dealing with certain cognitive diseases. Training like this can decrease dangerous and deadly misunderstandings.
HB	4522	Relating to the expungement of criminal records	Support	This bills allows for self-executing expungement for certain charges if the defendant is acquitted or charges are dropped. It allows for a petition for other charges. The ACLU supports allowing people to move by the stigma of a criminal record, and this is especially true when they are not convicted.
HB	4537	To allow the Chairperson of the Parole Board to release a parolee early, and after serving a minimum of one year on parole	Neutral	This bill allows the Chair of the Parole Board to grant people early release after 1 year. Currently, that authority rests with a panel of the board. We will monitor this legislation to better understand the impact on expediting release from parole.
HB	4541	To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.	Neutral	This bill provides an exception to the records and videos of juveniles under the control of the Division of Corrections and Rehabilitations for the purposes of employee grievances. The ACLU will monitor this legislation for privacy concerns, access to courts, and proper governmental transparency.
HB	4542	To add additional members to the West Virginia Parole Board	Support	This bill would increase the number of Parole Board members up to 12. The Parole Board has been facing a large backlog of cases, which has unnecessarily kept parole-eligible people incarcerated. This is a common-sense step to reducing incarceration numbers.
HB	4543	Eliminating restrictions on voting rights for formerly incarcerated individuals	Support	This bill allows people on felony probation and parole to be able to vote. The ACLU supports voting rights.
HB	4547	Requiring high school students to pass a test on the US Constitution to graduate from high school	Support	This 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.
HB	4522	Relating to the expungement of criminal records	Support	This bill requires the expungement of records for certain crimes if charges are dismissed or the person is acquitted. It allows for discretionary expungement for other crimes if a person is not convicted. The ACLU supports policies that will reduce the prejudice that people impacted by the legal system experience.
HB	4556	Video Camera Law	Neutral	This bill makes clarifications and provides cleanup to a law which requires cameras in special education classrooms. Notably, the bill allows and requires regular reviews of the footage. The ACLU opposed the prior law, and worked to provide certain privacy and juvenile justice safeguards. The ACLU will monitor this legislation for any erosion of those protections.
HB	4569	Medical Facility Protection Act	Neutral	This bill creates a misdemeanor to provide genuine interference with another person's ability to access or enter a medical facility. It provides a carve out for protected labor pickets. The ACLU is generally opposed to the creation of new crimes, and will monitor this legislation to ensure that it remains very narrowly tailored.
HB	4573	Relating to removing the Certificate of Need moratorium on opioid treatment facilities	Support	This bill would end the moratorium on granting certificates of need for opioid treatment programs. This would allow more treatment programs to open and operate. The ACLU supports expanding access to treatment.
HB	4578	Relating to authorizing the Superintendent of the State Police to administer the Handle with Care program	Neutral	This bill would put the West Virginia State Police in charge of the Handle with Care Program, and would authorize them to create a position to run that program. The ACLU supports the Handle with Care Program which, allows police to notify schools if a child has had a recent trauma. This program inherently involves law enforcement, but the ACLU is concerned about providing more social service responsibilities to law enforcement agencies.
HB	4587	Relating to certification of a patient's eligibility for medical cannabis	Support	This bill modifies the West Virginia Medical Cannabis Act. It removes an enumerated list of medical conditions for which cannabis can be dispensed, and allows a physician to order cannabis for any condition that they believe may be treated. As a step towards ending prohibition, the ACLU supports this bill.
HB	4593	Refer instances of election fraud to the attorney general for prosecution	Oppose	This 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.
HB	4595	Create camera assisted enforcement of speeding in active work zones	Oppose	This 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.
HB	4596	Relating generally to additional persons qualifying for the provisions of the Law-Enforcement Officers Safety Act	Oppose	This bill defines parole officers, juvenile probation officers, and home confinement officers as qualified law enforcement officers, which confers certain powers, notably the ability to arrest generally and to carry a firearm. Continuing to expand law enforcement powers and arm people has only led to more unnecessary and often unjustified killing.
HB	4600	Making it a felony for a "Person in a Position of Trust" to assault, batter, or verbally abuse a child, or neglect to report abuse they witness	Oppose	This bill would increase penalties for abuse and neglect charges. The ACLU opposes increasing sentences.
HB	4607	To remove opioid treatment programs from requiring a certificate of need	Support	This bill would remove opioid treatment programs from the certificate of need requirement. This would enable more treatment programs. The ACLU supports treating substance use and abuse as a health issue, not as a criminal issue.
HB	4611	"Providing an exception to the requirements for voters to present a valid
identifying document when appearing in person to vote at the polls"	Support	Ths bill excludes people from needing to show IDs if the poll book contains an electronic photo of the voter. This step may help enable voting for some people, however the ACLU remains concerned that this could lead to use of facial identification technology or be applied in an unfair manner.
HB	4617	To strengthen anti-hazing laws and policies for Pre-K to Grade 12	Neutral	This 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.
HB	4618	Prohibiting state contracts with banks engaged in boycotts of energy companies	Oppose	This 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.
HB	4619	Require cameras in all classrooms	Oppose	This 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.
HB	4620	Providing options to vaccinations and mask requirements as a condition to entry of schools	Oppose	This 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.
HB	4627	To provide for no more than two licensed laboratories for medical cannabis testing in this state	Neutral	This bill would limit the number of laboratories to do mandatory testing for cannabis growers to two. This could have the effect of limiting the availability of medical cannabis. The ACLU opposes this bill. It was defeated in the House Judiciary committee then passed after a motion to reconsider.
HB	4628	Relating to forbidding excessive government limitations on exercise on religion	Oppose	This 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.
HB	4632	Eliminating state funding to any institution that requires covid 19 vaccinations as a requirement of employment	Oppose	This bill would prohibit the state from doing business with any entity that requires a Covid-19 vaccine. The ACLU supports Covid-19 mandates in some situations, including an employers right to require it in their work setting. This is the state punishing companies for taking this proactive step.
HB	4637	Creating the Paid Parental Leave Pilot Program	Support	This bill creates a pilot program to establish paid family leave for state employees. The ACLU supports paid family leave.
HB	4639	Creation of a Higher Education Prison Task Force	Support	This bill would create a task for to study providing higher education services in West Virginia prisons. While prisons are overfull and overused, we should, at very least be providing opportunities for people to rehabilitate.
HB	4646	To expand funding for school safety use CARES and infrastructure funds	Neutral	This bill would CARES Act money into a fund for school infrastructure and safety features. The ACLU opposes the use of many "safety" features, including metal detectors, resource officers, and video monitoring and will monitor this legislation to ensure they money does not expand any of these.
HB	4648	Providing protections for exceptional children in public schools	Neutral	This bill makes clarifications and provides cleanup to a law which requires cameras in special education classrooms. The ACLU opposed that law, and worked to provide certain privacy and juvenile justice safeguards. The ACLU will monitor this legislation for any erosion of those protections.
HB	4660	Establishing the status of beds when an intermediate care facility for individuals with intellectual disabilities closes	Support	This 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.
HB	4674	Creating a process to expunge certain criminal charges from someone's record	Support	This bill would allow people subject to certain complaints that are never investigated or substantiated to have their records expunged. The ACLU supports the notion that people are innocent until proven guilty.
HB	4678	To acknowledge that mental health of higher education students is of paramount importance, and due to a variety of issues	Support	This bill emphasizes providing mental health services for college students through appropriate ratios and cooperation with local providers. The ACLU supports efforts to provide adequate health services.
HB	4681	To establish a state animal abuse register	Oppose	This bill would create a registry of people convicted of animal abuse. The ACLU opposes registries.
HB	4682	Providing for the reintegration of inmates in correctional facilities	Support	This bill requires the Division of Corrections to work with people to get important identifying documents. These can help to facilitate things like getting a job, securing housing, and medical care.
HB	4686	Repeal right to work	Support	This bill would repeal West Virginia's right to work law, which prohibits shops from collecting fees from non-union members, even if people benefit from collective bargaining agreements. The ACLU opposes the right to work law and supports its repeal.
HB	4693	To mandate that the Secretary of State to utilize the Electronic Registration Information Center	Neutral	This bill mandates that the Secretary of State uses the Electronic Registration Information Center (ERIC) for voter registration validation. Registration systems like CrossCheck have resulted in falsely identifying ineligible voters. While ERIC is less problematic, the ACLU will monitor this to safeguard voter rights.
HB	4694	Relating to dangerous crimes against children	Oppose	This bill would create a life sentence without any chance of parole, probation, or work release for people convicted for a second time of certain offenses against children. The ACLU opposes increasing sentences and removing the chance for people to reenter.
HB	4699	Creating Learning Loss Mitigation Program	Oppose	This bill uses American Recovery Act funds to allow for educational programs and materials to address disruptions caused by Covid-19. Despite the good intent, the bill is effectively a school voucher program which allows state funds to be used for parochial education, which the ACLU opposes.
HB	4701	Providing compensation to victims of abusive lawsuits	Oppose	This 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.
HB	4707	Relating to general provisions of labor and industrial relations	Support	This bill prohibits employers from asking about the salary history of potential employees. Prior salary histories have often been used to perpetuate disparities in pay.
HB	4710	Require and make mandatory the full involvement of local law enforcement in the person-to-person presentation of an eviction notice	Oppose	This bill would require a law enforcement officer to deliver eviction notices. The ACLU opposes the expansion of law enforcement duties.
HB	4711	Relating to requiring video cameras in certain special education classrooms	Oppose	This bill expands cameras into any classroom where non-verbal students receive education. The ACLU opposes this expansion of surveillance.
HB	4712	Require the prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court or magistrate court	Oppose	This bill would reduce the time before a person is forced onto a payment plan. The expansion of fines and feels have perpetuated the criminalization of poverty, and reducing payment times will make this worse.
HB	4718	Establishing criteria for the government's adoption of new and emerging surveillance technologies while ensuring privacy protections for individuals	Support	This 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.
HB	4724	Create a CARE FOR ALL line	Support	This bill creates a medical referral hotline. It specifically requires referrals for providers with cultural competence with certain communities. Many marginalized communities face disparities in healthcare that stem from lack of cultural competence. This may help to address that concern.
HB	4726	Grant automatic expungement of criminal records in certain instances	Support	This bill would allow automatic expungement for certain crimes. Criminal records create collateral consequences that limit reentry and reintegration. The ACLU supports expanding expungement.
HB	4727	Require governmental meetings to have agendas posted on websites three days prior to the meeting	Support	This bill would require 3 days notice of non-legislative governmental agendas. The ACLU supports greater transparency.
HB	4734	Relating to filing a false complaint involving law enforcement	Oppose	This bill creates a misdemeanor for falsely filing a complaint against a law enforcement officer. Law enforcement officers already face significant legal deference and systemic protections. This bill would further disincentivize accountability.
HB	4741	To clarify that impermissible discrimination includes discrimination based on certain hair textures and styles	Support	This bill clarifies that employment decisions based on hair-styles or textures associated with race constitute racial discrimination.
HB	4744	Relating to permitting medical cannabis to be dispensed in edible form	Support	This bill allows medical cannabis be available in an edible form. The ACLU supports decriminalization and legalization of cannabis.
HB	4745	Decriminalization and legalization of cannabis with a taxing mechanism to bring more revenue to the state	Support	This bill would legalize cannabis. The ACLU supports cannabis legalization.
HB	4746	All state buildings and rest areas within WV have sharps containers	Support	This bill requires a sharps deposit container in all state buildings. This can provide convenience to people who have medical conditions where they need to inject medication. It also provides a solution to concerns about syringe litter without removing services or creating new crimes.
HB	4747	To make Juneteenth a paid holiday for all state workers	Support	This bill would make Juneteenth a state holiday. The ACLU supports this.
HB	4753	Prohibiting locating certain homeless facilities near schools and certain daycares	Oppose	This bill seeks to prohibit allowing people who are experiencing homelessness from being near schools. This bill relies on and perpetuates stigma and unconstitutionally prohibits where people can be.
HB	4771	Creating the Fair Chance Act	Support	This bill provides services including expungement, counseling, and career services to people with a conviction for crack cocaine. This corrects overzealous criminalization and prosecution of crack cocaine.
HB	4772	Require hospitals with no ASL interpreter on staff provide technology for hearing or speech impaired patients to communicate	Support	This bill would require hospitals to have adaptive technologies for people with speech or hearing disabilities. The ACLU supports providing for accessibility.
HB	4776	Creating the Paid Parental Leave Program	Support	This bill creates a pilot program to establish paid family leave for state employees. The ACLU supports paid family leave.
HB	4783	Creating the WV Community Development Equity Fund	Support	This bill would create a special fund in the Community Development Fund to go to minority-owned businesses. Targeted direct investment is one way to reduce and undo systemic inequities.
HB	4784	To Protect Newborn Genetic Privacy Rights	Support	This bill will provide limits on genetic testing and the sharing of genetic information of newborns without parental consent. The ACLU supports protecting biological data.
HB	4786	The Forming Open and Robust University Minds (FORUM) Act	Oppose	This bill requires universities to provide funds and benefits to student organizations, including organizations that may violate university nondiscrimination policies.
HB	4788	Provide for a special driver's license for those with physical disabilities	Oppose	This bill would provide for license plates and driver's licenses that indicate medical conditions which may impact mobility or emotional responses.
HB	4789	Authorize municipal courts to request the suspension of a driver's license of a person who does not pay	Oppose	This bill allows municipal courts to revoke driver's licenses for unpaid fines and fees. This is an unnecessarily punitive practice that makes it harder to pay costs.
HB	4790	Relating to establishing a program for camera assisted speed enforcement in active school zones in this state	Oppose	This bill allows traffic cameras to be used to identify and issue civil citations for speeding in active 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.
HB	4794	Requiring counties to provide fiscal information for State Auditor's WV Checkbook website	Support	This bill would require certain expenditure information to be provided to the auditor to be published in a centralized website. The ACLU supports transparency.
HB	4796	Prohibit the sheriff's department from posting mug shot photos for an arrest	Support	This bill would prohibit mug shots from being published by the sheriff prior to a conviction. Printing these photos can often subject people to legal prejudice.
HB	4809	To create a Parolee Drivers Permit	Support	This bill would mandate the Division of Motor Vehicles develop a permit program for people on parole. This helps to reintegrate people into society.
HB	4810	COVID-19 Supplemental paid sick leave	Support	This bill would ensure that certain covered employees have sick leave for Covid-19. The ACLU supports proper sick leave generally. Since Covid-19 can be particularly dangerous to certain individuals, not providing leave can create dangerous exposures.
HB	4814	Creating a youth advisory council for civic engagement	Support	This bill would create a governmental counsel to help increase civic awareness and civic engagement among young adults. The ACLU supports promoting civic engagement.
HB	4822	Limitations to solitary confinement to 3 days per every 2 weeks	Support	This bill limits the use of solitary confinement. The ACLU believes solitary confinement is cruel and inhumane and supports any measure to limit or prohibit its use.
HB	4841	Relating to open captioning for motion pictures	Support	This 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.
HCR	22	Designation of January 22nd as Day of Tears	Oppose	This resolution treats the decision of Roe. v. Wade as a sad ruling. The ACLU believes Roe v. Wade was an important decision for personal autonomy.
HCR	57	To provide an Article 5 convention in order to propose an amendment to the US Constitution where 3/5 of the states could overturn a federal law.	Oppose	This resolution would be a call to Congress to call an Article V Convention of the States to propose an amendment. The ACLU is opposed to using this process to amend the Constitution because of the lack of legal precedent and guardrails.
HCR	86	Support for admitting Washington, D.C. into the Union as a state of the United States of America	Support	This resolution would support DC Statehood. The ACLU supports DC statehood.
HJR	5	Allowing citizens to participate directly in the formation of legislative districts	Support	This proposed constitutional amendment would alter the redistricting process. A Commission would be selected based on nominations from the Speaker of the House, the Senate President, and members of the Legislature. However, no legislator could sit on the Commission. The Commission would be tasked with creating new legislative districts. The ACLU supports proposals to remove partisan politics from redistricting. This scheme does achieve this goal, however does not create a process as independent as other proposals.
HJR	9	Supermajority Required for Passage of Tax Bill Amendment	Oppose	This proposed amendment would require 2/3 of the each chamber to approve any increase in taxes or fees. This sets an unnecessarily high burden on the government to fund necessary operations.
HJR	16	Term Limits for Senators and Delegates in the West Virginia Legislature	Oppose	This proposed amendment would set term limits for West Virginia legislators. Terms limits deprive voters of the ability to re-elect popular legislators, and it robs the legislature of much needed relationships and experience.
HJR	20	Allowing an elected state official to be a government employee or employee of a public school, college, or university	Support	The proposed amendment would allow certain government employees who are not in decision-making roles to also hold elected office. Employees like highway workers, social workers, university professors, or DEPT workers are currently prohibited from holding elected office. This prohibition on dual employment was established before the modern administrative state and holds out people who may have expertise from the legislature.
HJR	25	Lower the age to run for a State Senator to 21	Support	This proposed amendment would allow individuals to become state senators at 21 years of age. The ACLU supports expanding who can serve in elected office.
HJR	27	State Redistricting Commission	Support	This proposed constitutional amendment would alter the redistricting process. The Legislature would pass laws to determine the makeup, powers, and duties of the Commission. The Commission would be tasked with creating new legislative districts. The ACLU supports proposals to remove partisan politics from redistricting. This scheme does achieve this goal, however by allowing the Legislature to determine makeup and rules, it is not as independent as other proposals.
HJR	101	Amend the state Constitution to give the people the powers of initiative, referendum and recall	Support	This proposed constitutional amendment would give WV citizens the power to recall legislators, to initiate constitutional amendments and to hold referendums. The ACLU supports more direct democracy.
HJR	104	Providing Term Limits for certain Constitutional Officers	Oppose	This bill provides for term limits for West Virginia constitutional officers. The ACLU opposes term limits.
HJR	109	To allow certain state employees the eligibility to a seat in the legislature.	Support	The proposed amendment would allow certain government employees who are not in decision-making roles to also hold elected office. Employees like highway workers, social workers, university professors, or DEPT workers are currently prohibited from holding elected office. This prohibition on dual employment was established before the modern administrative state and holds out people who may have expertise from the legislature.
HR	3	Creating a Select Committee on Jails and Prisons	Neutral	This resolution creates a select committee during the 2022 Legislative Session to study issues related to jails and prisons. This is a major area of concern for the ACLU and it is likely the ACLU will have positions on most legislation put before this committee.
HR	4	Amending House Rule 138, relating to news correspondents and reporters	Oppose	This change to the Rules of the House of Delegates allows the Speaker to refuse or revoke press credentials at their discretion. The ACLU supports the freedom of the press and opposes rules that could limit access to the press arbitrarily.
HR	9	Amending the rules of the House of Delegates	Support	This resolution changes the rules for the House of Delegates. Notably it allows remarks by members during the Floor time, and allows members to introduce guests without pre-approval. The ACLU believes it is important that legislators be able to remark freely on issues at a time when the public and other legislators are watching.
HR	14	A resolution condemning calls to defund the police.	Oppose	This resolution would condemn calls to defund the police. These calls often come from communities that experience the most violence at the hands of militarized police, and highlight serious issues around policing. The government should not take official action to official condemn these policy issues.
HJR	7	Requiring a two-thirds vote in each house of the Legislature to increase any tax or fee	Oppose	This proposed amendment would require 2/3 of the each chamber to approve any increase in taxes or fees. This sets an unnecessarily high burden on the government to fund necessary operations.
SB	5	Creating WV Unmanned Aircraft Systems Advisory Council	Neutral	Portions of this bill provide a broader right to use unmanned aircraft (drones). The ACLU supports this broadly but will monitor this legislation to look for a balance this with privacy concerns.
SB	9	Providing continued eligibility for developmental disability services to dependents of military members	Support	This bill expands the eligibility for certain support services to some individuals. The ACLU supports providing these services.
SB	13	Eliminating suspension of driver's license for failure to pay court fines and costs	Support	This bill eliminates the ability to suspend someone's driver's license for unpaid court fines and costs. Aggregating court fines and costs is part of a criminalizing poverty, where people with little economic means are barred from reentry long after a formal sentence. When a person with court debt has their license suspended they are unable to work and will not be able to address the court debt.
SB	14	Providing for private, parochial, or church schools to enter into agreements with public schools to permit student participation in athletic or other extracurricular activities	Neutral	This bill allows private school students to participate in public school athletics or activities through agreements with the public school. The ACLU has opposed similar legislation that mandated participation because of potential impacts to school budgets. Absent this mandate, the ACLU takes no position on this legislation, but will monitor for changes.
SB	15	Legalizing cannabis production, sales, and adult consumption	Support	This bill would provide for the legalization and regulation of cannabis in West Virginia. The ACLU supports the end of drug prohibition laws.
SB	16	Allowing voters who register in person with county clerk to vote during early in-person voting	Support	This bills allows people to register to vote and vote during the early voting period. This bill helps people who may have had their registration status cancelled, or who did not know there was a deadline to register. The ACLU supports legislation that makes it easier to vote.
SB	20	Creating online voters' guide	Support	This bill would require candidates for certain constitutional offices to provide some basic background information, and would put the information in a central online location. The ACLU supports legislation that helps encourage civic engagement and voting.
SB	21	Relating to school aid formula and minimum student enrollment	Support	This bill sets a floor on net enrollment for the purposes of the school aid formula. This formula determines school funding, which is constitutionally required to be sufficient to provide a thorough and efficient education. The ACLU supports, at a minimum setting this floor.
SB	22	Relating to exempting certain organizations from property taxation	Oppose	This bill expands tax-exempt status to religious property that is also used for education or daycare purposes. Similar secular institutions do not get this benefits so this scheme would favor religious organizations over non-religious organizations. The ACLU opposes this sort of favoritism.
SB	23	Prohibiting mandatory COVID-19 vaccinations for WV residents	Oppose	This bill would prohibit a number of entities, including schools and universities from requiring a Covid-19 vaccine. This is short-sighted legislation that could inhibit reasonable requirements as the Covid pandemic persists. This may make these public spaces less safe for people with medical conditions,
SB	24	Establishing WV Freedom of Conscience Protection Act	Oppose	This 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.
SB	26	Relating generally to licenses to sell paraphernalia for use with controlled substances	Oppose	This bill voids business licenses and prohibits new licenses for businesses that sell items deemed to be drug paraphernalia. This is an expansion of the War on Drugs. The ACLU opposes this and supports ending prohibition.
SB	29	Providing fee for processing of criminal bonds	Oppose	This bill would add a court fee for bonds. Bonds already are a form of wealth-based detention imposed against people who have not even been convicted of a crime. Fees only worsen the problems created by this system.
SB	32	Permitting medical marijuana be prescribed in edible form	Support	This bill would remove a prohibition on edible forms of cannabis from the West Virginia Medical Cannabis Act. The ACLU supports continued decriminalization of drugs.
SB	34	Relating to residency requirements for voter registration	Neutral	This bill sets up a formal definition of "legal resident" for the purposes of voting. The ACLU will monitor this legislation to ensure it does not result in voter disenfranchisement.
SB	35	Adding grievance and appellate procedures for individuals participating in DMV Safety and Treatment Program	Support	This bill adds a grievance and appeal process for people in the DMV Safety and Treatment Program. This provides a level of accountability and due process, which the ACLU supports.
SB	36	Requiring notice be sent to owners of record before real property can be sold due to nonpayment of taxes	Support	This bill would expand the notice given to owner of property as well as occupants, such as renters, before the property can be sold for non-payment of taxes. Notice a minimal step in creating due process rights, which the ACLU supports.
SB	45	Prohibiting certain divisive acts from school curriculum, state agencies, and any groups receiving state funding	Oppose	This law censors discussions of racism, sexism or other forms of discrimination for any institution that receives state funding. Contrary to the language of the bill, allowing these discussions are neither divisive or discriminatory, but are an important step in rectifying persisting disparities.
SB	47	Creating crime for being under influence of controlled substance unless specifically prescribed	Oppose	This bill would make it a crime to be under the influence of a controlled substance. The ACLU broadly opposes expanding the war on drugs. Beyond that, this would be difficult to enforce and would allow the police to harass people of color, people experiencing homelessness, and people with long-term medical conditions under the suspicion of being under the influence.
SB	54	Requiring PACs disclose contributors' names and addresses to Secretary of State	Oppose	This bill requires political action committees (PACs) to disclose the names of their donors. PACs are a way to collectively communicate on political issues, and the ACLU supports the right to anonymous speech and opposes requiring the disclosure of members of organizations.
SB	58	Requiring certain movie theaters to provide open captioning during certain showings	Support	This 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.
SB	59	Establishing Community Health Equity Initiative Demonstration Project	Support	This bill creates a Minority Health Advisory Team and a Community Health Equity Initiative. These programs are designed to look at persisting disparities and propose solutions.
SB	67	Requiring notice be sent to owners of record before real property can be sold due to nonpayment of taxes	Oppose	This bill would require newspapers to run political advertisements, if solicited. This is a violation of the free and independent press and the speech rights of the press, including the very basic interest in not printing something which is false.
SB	71	Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, or other legal requirements	Amendments Needed	This bill limits the regulations that certain municipalities can maked. Notably it prohibits municipalities from restricting standards of care. This is a concern because the ACLU is actively supporting efforts to restrict the dangerous and discredited practice of conversion therapy.
SB	75	Requiring certain municipalities pay for incarceration of inmates	Oppose	This bill shifts and divides the cost burdens from over-incarceration. Rather than addressing the issue of mass-incarceration, this bill seeks to find ways to maintain the status quo.
SB	81	Repealing WV Workplace Freedom Act	Support	This bill would repeal the Workplace Freedom Act, and would enable and empower collective bargaining. The ACLU supports the right to collectively bargain and the rights of unions.
SB	85	Changing simple possession of marijuana from misdemeanor crime to civil violation	Support	This bill caps the penalty for simple possession of cannabis to a $25 fine. While the ACLU supports for legalization of cannabis, decriminalization is a positive step away from harmful drug crime enforcement.
SB	86	Creating criminal offense of sexual extortion	Neutral	As amended, by the Senate Judiciary Committee, this bill adds sexual acts as a thing of value under the existing extortion law. The bill also increases penalties for extortion. This amendment clarifies existing law, rather than creating a new law. The bill addresses common sexual misconduct. The ACLU takes no position on this legislation at the current time and will monitor and assess as the legislation progresses.
SB	90	Limiting penalty for possession of marijuana to no more than $1,000 without confinement	Amendments Needed	This bill caps the penalty for possession of cannabis to a $1000 fine. While the ACLU supports for legalization of cannabis, decriminalization is a positive step away from harmful drug crime enforcement. The penalty in this bill is unnecessarily high, and the ACLU encourages a reduction in that proposed penalty.
SB	92	Requiring probationers who served 10 or more years to participate in work release program	Oppose	The bill would require probationers who served 10 or more years to participate in a work-release program prior to release. Notwithstanding probationers who may of an advanced age or have a disability that would prevent work, the ACLU opposes additional requirements that could result in delaying release.
SB	93	Requiring DHHR file petition to terminate parental rights under certain circumstances	Oppose	This bill would require DHHR to file a petition to terminate parental rights after 2 incidents of neglect. The ACLU opposes the use of absolute rules like this. Courts should be able to review these situations on a case-by-case basis, rather than be bound by a blanket rule.
SB	94	Creating Fetal Heartbeat Act	Oppose	This bill would prohibit abortions as early as five weeks, before many people even know they are pregnant. The ACLU strongly supports the right to seek an abortion without government interference.
SB	95	Relating to long-term care and substance abuse treatment	Support	This bill establishes two hospitals with beds for long-term substance abuse treatment and shorter-term care. The ACLU supports providing a variety of evidence-based treatment options for people who wish to seek help with substance abuse.
SB	97	Prohibiting gender-based price discrimination	Support	This bill prohibits retailers from selling products marketed as feminine that are substantially the same from products marketed as masculine at disparate prices. It is a common practice for feminine-slanted products to be more expensive than masculine-slanted products, even when the product is effectively the same. The ACLU supports efforts to remove this gender-based inequity.
SB	101	Relating generally to payment of salary or wages under Parental Leave Act	Support	This bill provides for family leave, and in some cases, paid family leave for state employees. The ACLU supports family leave.
SB	103	Creating Closed Captioning Act	Support	This 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.
SB	107	Requiring certain disclosures of election expenditures	Oppose	This bill requires disclosure of donors to groups engaging in political expenditures. The ACLU has long supported the right to free anonymous political speech.
SB	109	Transferring child welfare enforcement responsibilities to State Police	Oppose	This bill would take all responsibilities for child welfare that are currently performed by DHHR and transfer them to the State Police. The involvement of law enforcement is more likely to result in escalation of situations and the unnecessary criminal charges.
SB	125	Requiring all local special levies be held on regularly scheduled statewide election ballot	Support	This bill requires all special elections for local levies be held on state-wide election days. This will help to ensure public participation in these elections. The ACLU supports measures that will increase and facilitate civic engagement.
SB	140	Allowing state and federal criminal history record check of each adult living in residence when minor child is placed there due to emergency	Neutral	This bill would allow DHHR to conduct background checks on people who become emergency guardians of children. The ACLU will monitor this to ensure that it does not unduly infringe on privacy.
SB	147	Adjusting distance from polling place certain election-related activity is prohibited	Oppose	This bill would expand the electioneering prohibition zone from 100 feet from a polling place to 250 feet from a polling place. While there are competing interests between keeping voters free from interference and intimidation, and free speech, the right to free speech, particularly on political matters must be prioritized.
SB	148	Prohibiting racial discrimination based on certain hair textures and hairstyles	Support	This bill clarifies that employment decisions based on hair-styles or textures associated with race constitute racial discrimination.
SB	156	Prohibiting unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act	Support	This bill would expand nondiscrimination protections in housing, employment and public accommodations to LGBT people. The ACLU supports this long-overdue protection.
SB	158	Collecting and analyzing statistical information pertaining to terminating pregnancies under Medicaid Program	Oppose	This is an invasive bill that requires the government not only to collect data on abortions, but information information on the reason for the abortion. This is an invasion of privacy, and unnecessary since the passage of Amendment 1.
SB	159	Providing procedure for WV to select delegates to Article V Convention	Oppose	This bill provides certain policies and procedures for the selection and recall of delegates to a convention under Article V of the Constitution. The ACLU opposes the use of a Convention of the States to amend the Constitution. Among other reasons, it is unclear that laws like the one proposed here would be enforceable.
SB	160	Prohibiting abortion coverage in certain qualified health care plans	Oppose	This bill would prohibit certain insurance plans from paying for abortion care. This reduces the ability to access abortion. The ACLU opposes this.
SB	166	Creating position of homeless education coordinator in certain counties	Support	This bill creates a homeless education coordinator to work with youth and families who are experiencing homelessness or housing insecurity. This can help to ensure that these youth receive appropriate education, and services. Doing so can also reduce the likelihood of juvenile justice involvement.
SB	167	Implementing trauma-informed practices in schools	Support	This bill puts into place a number of practices in schools to provide a trauma-informed environment for students. This includes more support services and less reliance on harsh discipline. This will reduce the school-to-prison pipeline.
SB	169	Prohibiting insurers from denying coverage as result of pre-existing condition	Support	This bill prohibits insurers from denying coverage on the basis of preexisting conditions. This is an important equity provision for people with disabilities and chronic illness.
SB	174	Designating DHHR social workers to promote school attendance and performance	Support	This bill would provide social workers to help at risk youth with school attendance. This will reduce truancy charges, one of the biggest drivers of youth into the juvenile justice system.
SB	175	Ensuring coverage for residents with pre-existing conditions	Support	This bill requires insurance coverage for people with preexisting conditions. This is an important equity provision for people with disabilities.
SB	180	Removing requirement that determination of medical stability be found prior to admission to mental health facility	Oppose	This bill would remove the requirement that a person be found to be medically stable before they can be involuntarily committed. This is a basic protection to protect the health and safety of people subjected to involuntary commitment.
SB	182	Prohibiting teaching of divisive acts and critical race theory in public schools	Oppose	This 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.
SB	186	Creating Small Business and Minority Populations Economic and Workforce Development Taskforce	Support	This 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.
SB	197	Drug testing of legislators	Oppose	This bill would require legislators to undergo drug testing. The ACLU opposes suspicionless drug testing.
SB	200	Relating generally to modernization of procedures for voting in public elections	Support	This bill removes signature matching as a way to challenge duly cast ballots. It allows for absentee voting for all voters, and creates ballot drop-boxes. The legislation prohibits cancelling a voters registration soley for inactivity. All of these provisions make voting easier and more accessible, which the ACLU supports.
SB	206	Establishing Minority Health Advisory Team	Support	This bill creates a board to study and make recommendations of disparate impacts in the health of minority and marginalized communities. The ACLU supports efforts to proactively root out systemic inequalities.
SB	210	Relating to measures Governor may make during state of emergency	Amendments Needed	This bill makes changes to the emergency powers of the Governor. It requires legislative approval of emergency orders lasting longer than 30 days which the ACLU approves. However, it prohibits emergency orders to close businesses, or limit gatherings which is too broad of a prohibition.
SB	212	Creating Fetal Heartbeat Act	Oppose	This bill would prohibit abortions as early as five weeks, before many people even know they are pregnant. The ACLU strongly supports the right to seek an abortion without government interference.
SB	216	Creating Student Journalist Press Freedom Restoration Act	Support	This 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.
SB	218	Requiring parental notification of school-based dispensing of contraceptives to minors	Oppose	This bill would require schools to notify parents if a contraceptive device or medication is provided to a student. This is a violation of the student's privacy, and could endanger students.
SB	220	Require parental notification of minors being prescribed contraceptives	Oppose	This bill would require a physician to notify parents if contraceptives are prescribed to a minor. This is a violation of the patient's privacy and could endanger the child.
SB	224	Setting age of consent for marriage at 18	Oppose	This bill prohibits marriage prior to the age of 18. The right to marry freely is a fundamental right, and attempts to limit it are suspect. In particular, this prohibition may limit certain religious practices. While there are valid concerns about abuse in child marriage, each situation should be assessed on a case-by-case basis.
SB	226	Allowing substitute teachers who suspect unfair exclusion from certain assignments to request explanation from certain school officials	Support	This bill allows substitute teachers who think that they have been unfair excluded request an explanation by school authorities. This legislation can be a safeguard against certain forms of discrimination.
SB	232	Relating to punishment for second or third offense felony	Oppose	This bill changes how penalties are calculated for multiple felonies. It expands the amount of time that offenses can be compounded together, and allows courts to consider very remote prior offenses. This will result in more incarceration, which the ACLU opposes.
SB	236	Requiring all eligible voters to vote in general election	Oppose	This bill creates compulsory voting. While the ACLU supports efforts to increase civic participation, the ACLU opposes mandatory voting.
SB	240	Permitting all registered voters to vote by absentee ballot	Support	This bill would allow all voters to vote by absentee ballot without an excuse. This increases access and availability of voting, which the ACLU supports.
SB	247	Relating to certified community behavioral health clinics	Neutral	This bill creates a network of certified community behavioral health centers. The ACLU supports expanding mental and behavioral health facilities to ensure there is adequate services, distributed appropriately throughout the state. However, there is concern that this legislation could be used to limit other health providers. The ACLU will continue to monitor and study this bill.
SB	248	Creating Patrolman Cassie Marie Johnson Memorial Act	Oppose	This bill would reinstitute the death penalty for first degree murder in West Virginia. The ACLU adamantly opposes the death penalty.
SB	249	Permitting special registration plates for persons with certain medical conditions	Oppose	This bill would provide for special license plates to indicate drivers who may be subject to "erratic behavior". This requires people with medical conditions to reveal public their health status, which is a significant violation of basic privacy rights.
SB	253	Relating to voting precincts and redistricting	Support	This bill makes the Secretary of the State the primary liaison with the US Census bureau, replacing county commissions. The bill contemplates a role for county commissions in helping to advise the Secretary of the State. It also provides for increased public access and transparency. The bill helps to centralize the important role of providing and receiving information to the US Census Bureau and provides increased transparency, which the ACLU supports.
SB	254	Relating to crime of vehicular homicide	Oppose	This bill modifies negligent homicide by vehicle. It increases the current penalties. It also creates a new misdemeanor if a person dies within a year, and the proximate cause was an injury as a result of negligent operation of a vehicle. The ACLU opposes creating new crimes and increasing penalties.
SB	255	Relating to state contracts with and investments in certain companies that boycott energy companies	Oppose	This 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.
SB	256	Prohibiting civil rights violations based on disability, gender identity, or sexual orientation	Support	This bill adds hate crime protections to people with disabilities and to LGBTQIA individuals. Notably the bill specifically requires consideration of alternative sentencing.
SB	259	Removing requirement of imminent lawless action to prerequisite for crime of intimidation	Oppose	This bill makes it a crime to threaten or intimidate a public official, even if there is no "imminent lawless action". This expands the criminal charge. Already people are charged unnecessarily and inappropriately under this provision, and expanding it further will curtail free speech.
SB	260	Mandating extended supervision for defendants convicted of stalking and related felonious acts	Oppose	This bill would add a period of mandatory supervision of 10-50 years for people convicted of stalking and related offense. Supervision provides significant barriers to reentry and results in more incarceration for non-criminal "technical" violations.
SB	261	Requiring video cameras in certain special education classrooms	Neutral	This bill makes clarifications and provides cleanup to a law which requires cameras in special education classrooms. The ACLU opposed that law, and worked to provide certain privacy and juvenile justice safeguards. The ACLU will monitor this legislation for any erosion of those protections.
SB	262	Relating generally to financial institutions engaged in boycotts of energy companies	Oppose	This bill would prohibit West Virginia from doing business with financial institutions that takes part in a boycott of energy companies. This is a prohibition on protected political expression.
SB	269	Youth Mental Health Protection Act	Support	This bill bans the practice of "conversion therapy". Conversion therapy is a discredited and dangerous practice which harms LGBTQ youth.
SB	272	Relating to certain medical criteria as condition of employment	Support	This bill clarifies that no one needs to provide health or medical information in order to gain employment with the state. The ACLU supports this basic privacy protection.
SB	416	Forbidding excessive government limitations of exercise of religion	Oppose	This bill would re-establish the balancing test for government interference with religion. While the ACLU supports the free exercise of religion, this bill would allow people to use religion as an excuse for discrimination.
SB	419	Establishing pilot project to evaluate impact of certain post-substance use disorder residential treatments	Support	This bill creates a program to study the efficacy of certain substance abuse programs under several metrics. The ACLU supports evidence-based decision making. We support this study and will monitor this legislation to ensure the purpose is to provide the best care for individuals seeking healthcare and not to invalidate treatment options.
SB	421	Creating Paid Parental Leave Pilot Program	Support	This bill would create a pilot program to establish paid parental leave for state employees. The ACLU supports paid parental leave.
SB	422	Relating to DNA data maintained for law-enforcement purposes	Oppose	This bill makes changes to existing policies for collecting DNA from certain individuals. Notably, it expands the list of people from whom the state is obligated to take DNA. The ACLU believes biometric information is protected and without specific suspicion the government should not be collecting this information.
SB	423	Establishing limited exemption to photo ID requirement	Support	This bill would allow people who have a religious objection get a state driver's license without a photo. The ACLU supports religious accomodations.
SB	425	Requiring free feminine hygiene products be provided to female prisoners	Support	This bill would require the Department of Corrections to provide a choice of menstrual products to inmates.
SB	431	Relating generally to Uniform Controlled Substance Act	Oppose	This bill amends a law which creates a criminal penalty for failure to render aid when engaged in illegal drug use. The bill provides an expansive definition of "engaged in" which could increase unnecessary criminal penalties.
SB	437	Providing for early discharge of parolees	Support	This bill expands who may be eligible for early release through the parole board. The ACLU supports giving flexibility to release people early.
SB	441	Providing confidentiality of video and other records of correctional and juvenile facilities	Oppose	This bill keeps that videos and other records of inmates from public disclosure. The bill allows records to be released to an attorney investigating a potential claim against the institution. While protecting privacy is important, this bill goes too far in preventing journalists or independent investigations.
SB	449	Relating to Nonviolent Offense Parole Program	Oppose	This bill clarifies that people are not eligible for the Nonviolent Offense Parole Program if they are serving a sentence concurrently or consecutively where one of the charges was a crime of violence. This limits the ability to release people, even after they have served lengthy sentences.
SB	459	Modifying definition of "sexual contact"	Support	This bill removes an exception for illegal sexual contact that excluded contact between married persons. By removing this the law is expanded to prohibit marital rape. While the ACLU generally opposes creating new crimes, the ACLU does support this proposal.
SB	466	Relating to limitations on civil actions or appeals brought by inmates	Oppose	This bill provides limitations on how many civil actions an inmate may bring if prior claims have been dismissed as frivolous or malicious. The ACLU adamantly opposes any attempt to limit a person's access to the courts. And this is particularly true of people in state custody, who often must resort to litigation to ensure basic human rights.
SB	468	Creating Unborn Child with Down Syndrome Protection and Education Act	Oppose	This bill limits the ability to have an abortion if certain health conditions are detected about the fetus. It creates forms for physicians to fill out to state the reason for the abortion, and it creates penalties. It is not appropriate for the government to review or judge what medical procedure a person has or why they have them.
SB	470	Relating generally to health care decisions	Neutral	This bill removes provisions for a persistent vegetative state from a living will. Practically, it means that a persistent vegetative state would not automatically be included in a request to stop life support. However, a person could still make the request specifically.. The ACLU supports the right of people to make their own decisions about their life and death, including in situations like that. We will monitor this legislation to ensure that right is preserved.
SB	472	Relating to access to juvenile records by certain employees of Division of Corrections and Rehabilitation	Neutral	This bill provides an exception to the records and videos of juveniles under the control of the Division of Corrections and Rehabilitations for the purposes of employee grievances. The ACLU will monitor this legislation for privacy concerns, access to courts, and proper governmental transparency.
SB	473	Creating Katherine Johnson and Dorothy Vaughan Fair Pay Act	Support	This bill makes it illegal for employers to prohibit discussion of salaries. This is a freedom of speech issue. It also has been demonstrated to reduce pay disparities.
SB	484	Clarifying American Law Institute restatement of law when inconsistent with WV law in civil cases	Neutral	This bill prohibits courts from giving any weight to the American Law Institute restatement of the law when the provisions are contrary to existing WV case law and common law. The ACLU will monitor this to better understand the application.
SB	488	Eliminating restrictions on voting rights for formerly incarcerated individuals	Support	This bill allows people on felony probation and parole to be able to vote. The ACLU supports voting rights.
SB	490	Expanding online privacy protection for minors	Support	This 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.
SB	491	Establishing Family and Medical Leave Insurance Benefits Act	Support	This bill creates paid family leave in West Virginia. The ACLU supports paid family leave.
SB	493	Requiring county BOE make meetings available to public in person and through internet	Amendments Needed	This bill requires county boards of education to ensure that public meetings can be viewed via the internet. It also requires the boards allow public participation through the internet. The ACLU supports greater transparency and encourages this provision to apply to all governmental bodies. Changes made in the House Judiciary committee unnecessarily interfere with the school board process and with the freedom to associate and must be removed.
SB	496	Requiring graduating high school seniors to pledge oath to the Constitution	Oppose	This bill would establish, as a requirement of graduation that students pledge an oath to the Constitution. This is unconstitutional.
SB	498	Creating Anti-Racism Act of 2022	Oppose	This 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.
SB	511	Prohibiting insurers deny prescription drugs for addiction treatment in certain circumstances.	Support	This bill prohibits insurers from denying medications related to addiction treatment or opiate withdrawal symptoms. The ACLU supports access to substance use treatment options.
SB	514	Relating to use of force in defense of self, real, and personal property	Oppose	This 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.
SB	522	Combining offices of WV State Americans with Disabilities Act and WV Equal Employment Opportunity	Support	This bill terminates a state coordinator for the Americans with Disabilities Act, and creates a new coordinator for equal employment opportunities. The coordinator will not only help with employment for people with disabilities, but with other equal rights protections. The ACLU supports an intersectional and comprehensive view of equal opportunity.
SB	536	Clarifying statutes on possessing, manufacturing, importing, and transporting fentanyl in WV	Oppose	This bill creates enhanced penalties for people who bring fentanyl into West Virginia under certain circumstances. The ACLU opposes sentence enhancements.
SB	551	Preserving patient's right to abortion	Support	This bill removes all state-imposed restrictions on abortion. The ACLU supports giving people full reproductive autonomy.
SB	555	Relating to financial institutions engaged in boycotts of firearms companies	Oppose	This 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.
SB	557	Extending current cap on per diem rate paid by counties and municipalities to house inmates	Oppose	This bill extends a freeze on per diem rates at jails. The freeze has prevented the state and counties from confronting the true costs of jail overcrowding. At the same time, it gives jail authorities fewer resources to provide necessary services to inmates.
SB	558	Increasing members of WV Parole Board	Support	This bill would increase the number of Parole Board members up to 12. The Parole Board has been facing a large backlog of cases, which has unnecessarily kept parole-eligible people incarcerated. This is a common-sense step to reducing incarceration numbers.
SB	569	Relating to confidentiality of court files and law-enforcement records for certain offenses	Oppose	This bill requires all police reports and court records in cases regarding certain sexual and human-trafficking crimes to be kept confidential. The purpose of this bill is to protect the survivors of these crimes. However, there are methods to protect the identity and privacy of these individuals without compromising transparency.
SB	570	Establishing training for law-enforcement in handling individuals with Alzheimer's and dementias	Support	This bill requires law enforcement officers have training in dealing with certain cognitive diseases. Training like this can decrease dangerous and deadly misunderstandings.
SB	573	Providing system where magistrates shall preside in certain instances outside normal court hours	Support	This bill requires the Supreme Court of Appeals do develop a program to have magistrates serve on a rotating basis to be available at off hours for certain emergency domestic situations and for mental health cases. Both situations can very seriously impact a person's basic rights. Ensuring that there are available judicial officials helps to protect these rights.
SB	575	Ensuring that imposition of certain sexual offenses apply to persons working in juvenile facilities	Support	This bill expands the prohibition on sexual contact between people working in juvenile facilities and people held in these facilities. People under custodial control are always in a coerced state and can not give consent. This bill helps to expand that protection.
SB	587	Providing tip line to report teaching of critical race theory	Oppose	This bill, with no definitions, sets up a tip line to report critical race theory being taught. This is a draconian, vague bill that is only meant to chill necessary conversations on race, diversity and equity.
SB	590	Clarifying that tenancy includes persons who reside in sober living home	Support	This 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. Initially, this may have interfered with best practices in recovery. As amended in the Senate Judiciary committee, this concern is mitigated and the ACLU supports this protection for people in recovery.
SB	599	Relating to patient's rights and informed consent for vaccinations	Oppose	This bill prohibits medical providers from denying treatment to people who have refused vaccines. It limits medical providers ability to talk to patients about vaccines. It limits insurance or financial incentives for vaccinating patients. This bill could stifle protected and valid speech by medical professionals.
SB	601	WV Human Life Protection Act	Oppose	This bill makes abortion or attempted abortion a felony. This is unconstitutional. The ACLU supports the right to reproductive autonomy.
SB	604	Providing compensation to victims of abusive lawsuits	Oppose	This 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.
SB	616	Relating to confidentiality of court files and law-enforcement records of certain enumerated offenses	Oppose	This bill makes court and police records private if they contain information about a victim. There are ways to protect the privacy and identity of a victim without making a whole record confidential. The ACLU opposes this restriction on transparency.
SB	621	Relating to funds for operations of jails	Support	This bill creates a financial incentives for countries that incarcerate less than a specified number of people. The ACLU supports legislation that reduces the reliance on incarceration.
SB	646	Requiring each county BOE to provide free feminine hygiene products in grades six through 12	Support	This bill would require menstrual hygiene products be available to students in schools. This is an equity issue that ensures that students who menstruate do not have their education interrupted if they cannot afford products at home.
SB	647	Prohibiting discrimination in organ donation process	Support	This bill prohibits denying or reducing priority of a person to receive a donated organ or other anatomic gift on the basis of a physical or mental disability. The ACLU opposes discrimination in medical care and supports this bill.
SB	655	Authorizing tactical medical professional to carry firearm with specific training requirements	Oppose	This 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.
SB	666	Adding Kratom and Delta-8 THC to the list of Schedule I controlled substances	Oppose	This bill would expand the list of prohibited substances. The ACLU opposes the criminalization of drugs.
SB	668	Clarifying eligibility for probation and parole conditions for sex offenses	Neutral	This bill makes technical changes to the law. The ACLU will monitor this bill.
SB	674	Providing for no more than two licensed medical cannabis testing laboratories in state	Neutral	This bill would limit the number of laboratories to do mandatory testing for cannabis growers to two. This could have the effect of limiting the availability of medical cannabis. The ACLU will monitor to assess impact. It was defeated in the House Judiciary committee then passed after a motion to reconsider.
SB	675	Establishing program to certify interpreters for court proceedings	Support	This bill requires certified and trained foreign language interpreters in WV Courts. Untrained interpreters can miss important nuance that can impact people who cannot communicate fluently in English.
SB	676	Relating to use of personal leave days by teachers	Support	This bill allows teachers who take leave for religious holidays to remain eligible for bonus pay. The ACLU supports providing these religious accomodations.
SB	684	Creating WV Monument and Memorial Protection Act of 2022	Oppose	This bill significantly increases barriers to removing or renaming historical monuments. While content neutral, it is a response to attempts to remove monuments to the Confederacy and slavery.
SB	687	Relating to meetings among county boards of education	Support	This 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.
SB	696	Relating to funding for public libraries	Support	This bill ensures that libraries receive minimal operational cost funding regardless of per capita loss. The ACLU supports funding public libraries.
SB	697	Modifying and clarifying elements of kidnapping and unlawful restraint	Support	This bill more clearly and narrowly defines the elements of kidnapping and unlawful restraint. More clear elements reduce the prosecutorial abuse.
SB	703	Relating to controlled substances schedule	Oppose	This bill adds new controlled substances. The ACLU opposes the criminalization of drugs.
SB	705	Creating WV Native American Tribes Unique Recognition, Authentication, and Listing Act	Neutral	This bill establishes a system of recognizing Indigenous People in West Virginia and defines the effects of formal recognition. There are has been considerable debate around creating unnecessary barriers to recognition and allowing people to appropriate indigenous culture. The ACLU does not feel it is appropriate to make this determination but will monitor this legislation for fairness in both directions.
SB	710	Related to exemptions from COVID-19 immunization	Oppose	This bill would punish healthcare facilities that require a Covid-19 vaccine by requiring them to reimburse the state for National Guard deployments to the hospital. The ACLU supports mandating vaccines for Covid-19 to protect people who are at-risk. This is particularly true in hospitals.
SB	712	Strengthening regulation of medication-assisted treatment programs	Oppose	This bill limits the number of beds that medication-assisted treatment programs can have, provides residency requirements for patients, and provides other barriers to treatment. The ACLU opposes creating barriers to treatment.
SB	726	Related to pre-trial diversion agreements and deferred prosecution agreements	Oppose	This bill removes deferred adjudication for a number of offenses, and limits the ability for certain offenders to participate in pretrial diversion and community corrections. The ACLU opposes limiting these options.
SB	728	Requiring registered sex offenders pay annual fee	Oppose	This 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.
SCR	44	Clarifying 1972 Equal Rights Amendment	Oppose	This resolution would notify the Federal Government that West Virginia considers its ratification of the Equal Rights Amendment expired as of 1972. The ACLU supports the Equal Rights Amendment and opposes this resolution that would set back its passage.
SJR	2	Protection of Electronic Communication and Data Amendment	Support	This proposed Constitutional amendment would ensure that electronic communications and data are also secure from unreasonable search and seizure. The ACLU supports protecting this information.
SJR	5	Limiting the Terms of Members of the House of Delegates and Senate Amendment	Oppose	This proposed constitutional amendment would lengthen the terms of delegates to 4 years, and set a term limit for delegates. Shorter terms make delegates more responsive to the needs of constituents, and the ACLU opposes term limits.
SJR	8	Constitutional Officer Term Limit Amendment	Oppose	The proposed amendment would create term limits for all state Constitutional officers. The ACLU opposes term limits.
SR	12	Designation of January 22nd as Day of Tears	Oppose	This resolution treats the decision of Roe. v. Wade as a sad ruling. The ACLU believes Roe v. Wade was an important decision for personal autonomy.