See What We're Tracking in the 2023 Legislative Session

  • Latest Update: February 24, 2020
23 bill tracker

Summary

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.

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Chamber and Type Number Title Our Position Explanation
HB 2002 Relating to providing support for families Amendments Needed This bill provides new parents with $4,000. It also provides funding to family support organizations. However, the current bill limits funding to organizations that do not follow best practices and that may promote religion. The ACLU would like to see funding go to organizations with evidence-based practices, and opposes funding religious organizations.
HB 2003 Providing early childhood assistant teachers and systems of support to help students achieve grade level literacy and numeracy by end of third grade Support This bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
HB 2004 Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct Neutral This bill limits the ability to disclose financial information based on the type of constitutionally-protected activity that is being monitored. The ACLU will monitor and assess this legislation with an eye towards preventing unmerited surveillance.
HB 2006 Relating to reorganizing the Department of Health and Human Resources Neutral This bill reorganizes DHHR. The ACLU is neutral on reorganizing or breaking up DHHR. However, we will monitor all legislation related to this to ensure there is no interruption or loss of quality in essential human services, and to ensure that this follows a thoughtful and transparent process.
HB 2007 Prohibiting certain medical practices Oppose This bill prohibits certain gender affirming care for minors. The ACLU supports allowing physicians and patients to follow best medical practices for gender affirming care.
HB 2008 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 2009 Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency Amendments Needed This bill modifies the emergency powers act by requiring more specific findings for certain emergency declarations and actions, requiring legislative notice and approval for prolonged emergencies, and reiterating that emergency orders cannot circumvent constitutional rights. The ACLU supports the protection of rights, and the expansion of a transparent democratic process. However, thi bill is different from similar legislation in that it creates a blanket prohibition on closing religious institutions. The government should not interfere with the operation of religious institutions, however there may be exigent situations, where it is appropriate, so this prohibition is too broad.
HB 2016 Relating to confidential childcare records Support This bill allows various agencies and facilities to share confidential records with each other for providing services for a child. Lack of continuity of care is one problem in our system and this will help to address that issue.
HB 2018 Permitting the managed care case coordinator to attend the multidisciplinary team meeting Support This bill allows case coordinators to be part of multidisciplinary team meetings. Ensuring that a person with familiarity of care can help provide more informed decisions for kids who are justice-impacted.
HB 2019 Making Delta-8 and Delta-7 controlled substances Oppose This bill says that any manufacture, distribution, or possession synthetic versions of any substance found in Schedule I or II of WV's Controlled Substance Act is a felony. The ACLU opposes the expansion of the War on Drugs.
HB 2023 To expand funding for school safety use CARES and infrastructure funds Oppose This bill uses CARES act funds for school safety features. Schools should not be fortresses or prisons. Too often enhanced security bolsers the school-to-prison pipeline. Funds should be used to provide more supports and services for students.
HB 2027 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 2028 Establish quick response teams to work with drug users who are arrested Amendments Needed This bill requires the development of quick response teams to narcotics overdoses. The current language requires work in recovery facilities or jails. This language should be expanded so as not to limit requiring people to be incarcerated or committed to work with a team.
HB 2033 Relating to unsafe real property Amendments Needed This bill allows local government officials to identify and recommend for removal properties deemed to be a public nuisance. Although there is a notice requirement, it is a very short notice for what may constitute a substantial taking. The use of a governing body also raises the potential for misuse.
HB 2035 Providing tax credits for hiring those in recovery for substance abuse Support This bill provides tax credits for employers who hire people in substance abuse recovery. People recovering from substance abuse face many barriers, and the ACLU supports removing or mitigating barriers to full social participation.
HB 2036 Allow Religious Exemptions for vaccines Oppose This bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB 2037 Create a prison work pilot program Support This bill would allow a prison work pilot program that, upon completion would allow participants to get a 20% reduction in their sentence. This is a bill the aims to reduce sentences and encourage rehabilitation.
HB 2038 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 2041 Authorize municipal courts to request the suspension of a driver's license of a person who does not pay outstanding fees and costs Oppose This bill allows a person's licence to be suspended for unpaid fines and fees. Removing a person's ability to commute makes them less likely to be able to pay fees. The proliferation of fines and fees is one of the ways poverty is criminalized.
HB 2043 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 2044 Creating a litigation practice license for social workers Support This bill creates a license for social workers to work in child abuse and neglect cases to help arrange and coordinate supports and services to reduce removals and out-of-home placements.
HB 2045 Dividing pretrial detention jail costs between arresting authorities Support This bill shifts the financial burden of pretrial detention onto the jurisdiction that conducted the arrest. This creates a financial incentive not to over-arrest, and to find alternatives to pre-trial detention.
HB 2046 Permitting a licensed physician to grant a medical exemption from the required immunizations for a child to enter a school or a state-regulated child care center Oppose This bill changes the process to get a waiver from mandatory vaccines and removes some vaccines from the mandatory list. Reducing vaccines makes schools more dangerous and inaccessible for medically fragile children who cannot be vaccinated.
HB 2052 Prohibit businesses from having licenses revoked for not requiring masks Oppose This bill would prohibit businesses from losing their licences under an emergency order that required the use of facemasks. During the COVID-19 pandemic facemasks helped allow immunocompromised people to access goods and services in a dangerous world. This also undercuts the ability to act in unforeseen crisis.
HB 2053 Require governmental meetings to have agendas posted on websites three days prior to the meeting Support This bill requires government meetings to have agendas posted online three days prior to the meeting. This provides adequate time and notice of important issues.
HB 2056 Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service. Oppose This bill requires parolees and probationers who are found to have a history of substance abuse to participate in a treatment program as a condition of their release. This does not consider whether the abuse was recent, or if substance abuse treatment is necessary or available. Requirements such as this should be individually tailored.
HB 2058 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. Oppose This bill requires that parents are successfully completing a substance abuse treatment program prior to reunification with children. This bill creates a barrier to the underlying goal of reunification. Matters should be resolved on a case-by-case basis that considers all circumstances, rather than creating blanket requirements.
HB 2067 Firearm Protection Act Oppose This bill prohibits state officials or firearms dealers from following any federal firearms law. This is a direct violation of the Supremacy Clause of the Constitution.
HB 2071 Taxation With Representation Act Oppose This bill allows people who live outside municipalities to vote in municipal elections if they pay fees for municipal services. This distorts the votes of actual residences of the jurisdiction, and is likely to dilute minority votes.
HB 2072 Relating generally to forfeiture of contraband Support This bill ends the practice of civil asset forfeiture. Instead a person must be convicted or a crime in order for their property to be taken by the government.
HB 2074 Places of worship may not be shut down by state of emergency Oppose This bill prohibits closing places of worship during declared emergencies. As a general rule places of worship should not be interfered with, however this proposal could interfere with appropriate, narrowly tailored circumstances.
HB 2080 To amend the laws relating to overtaking and passing school buses in West Virginia Oppose This bill allows a citation and charge to be issued to the owner or licensee of a vehicle instead of the operator. The ACLU opposes penalizing people who have not committed any crime.
HB 2085 Affordable broadband access for seniors, low income, and disabled persons due to fixed, minimum, or moderate incomes Support This bill provides affordable broadband for people with disabilities, among others. Internet access is increasingly important and ensuring access for people with disabilities is an important equitable outcome.
HB 2089 To make Juneteenth a paid holiday for all state workers Support This bill would make Juneteenth a paid state holiday. This is a small step towards acknowledging the racial harms in our country and celebrating the end of an institution antithetical to our Nation's values.
HB 2090 All state buildings and rest areas within WV have sharp containers Support This bill requires state buildings to have sharps containers. This stigmatize people with medical conditions that require injectable medications.
HB 2091 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 ending the War on Drugs.
HB 2092 To clarify that impermissible discrimination includes discrimination based on certain hair textures and styles Support This bill clarifies that racial discrimination includes discrimination on the basis of hair styles and textures. The ACLU strongly supports this clarification.
HB 2096 Repeal right to work Support The ACLU opposed the "Right to Work" law. We support the repeal of that law.
HB 2097 Creation of a Higher Education Prison Task Force Support This bill creates a task force to study the higher education services in correctional facilities, and to make recommendations to improve services. Providing education is a way to facilitate reentry.
HB 2100 Medical Facility Protection Act Oppose This bill prohibits impeding or hindering someone from entering a facility that provides medical services. However, the language is too broad and could be used to prohibit other protected expressive actions.
HB 2101 Relating to obtaining an appropriate gender marker for state documents Support This bill would allow people to get state documents that are consistent with their gender identity. The ACLU supports this.
HB 2102 End qualified immunity Support This bill ends qualified immunity for law enforcement officers. The ACLU supports proposals that allow people to seek justice for misconduct and abuse.
HB 2104 Right to keep and bear arms Oppose This bill prohibits state officials or firearms dealers from following any federal firearms law. This is a direct violation of the Supremacy Clause of the Constitution.
HB 2105 Right to travel bill Support This bill prohibits emergency orders from preventing West Virginians from entering or leaving the state. The right to travel and move are essential freedoms.
HB 2108 Prohibit parents from being restricted from monitoring virtual public education classrooms Oppose This bill prohibits schools from restricting parents from monitoring virtual classrooms. While parents should generally be able to monitor virtual classrooms, this raises issues where the restriction may be related to privacy protections for other students.
HB 2109 Requiring the Public Employees Agency and other health insurance providers to provide mental health parity Support This bill requires PEIA to cover certain mental and behavioral health services at the same rate as other services. The ACLU supports greater access to health services
HB 2110 Creating a domestic violence registry Oppose This bill create a registry of people who have multiple convictions for domestic violence. The public would be able to make inquiries about individuals. The ACLU opposes the use of registries.
HB 2111 Increasing access to contraceptive drugs, devices, and procedures Support This bill requires insurance plans to cover contraceptive drugs and procedures, and requires that people be able to receive a 12-month supply of medication.
HB 2112 Create a Police Officer's Bill of Rights Oppose This bill creates a number of rights for a law enforcement officer, including employment restrictions and misconduct investigations. Notably the bill creates a variety of barriers to finding and enforcing accountability against law enforcement officers. The ACLU believes in due process protections for law enforcement officers. But bills like these often go beyond that to create procedural and practical barriers to accountability.
HB 2113 Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse Oppose This bill increases the penalties for the crimes of child abuse and neglect and provides enhancements for multiple convictions. While preventing abuse and neglect are important aims, the ACLU opposes the creation of harshing sentencing laws which lead to mass-incarceration.
HB 2114 Allowing the concealed carry of firearms on and in Capitol grounds Oppose This bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
HB 2122 Relating to custodial interrogation of a child Support This bill provides minimum procedural requirements for questioning children by police. It also limits the admissibility of statements given when procedures are not followed, the ACLU supports robust due process protections, particularly for children.
HB 2125 Eliminating the Human Rights Commission Oppose This bill would eliminate the WV Human Rights Commission and stop state support for local human rights commissions. It would allow claimants to take a case to circuit court instead. The ACLU opposes this because the human rights commission provides an expedited and easier venue to have important issues of civil rights heard.
HB 2129 Relating to extended supervision for certain drug offenders Oppose This bill would require up to 10 years of extended supervision for certain drug offenses. Extended supervision is an expensive, invasive, system that often drags people back to incarceration for minor issues or technical violations. The ACLU opposes this legislation.
HB 2131 Prohibiting payroll deductions to electioneering organizations Oppose This bill makes it harder for organizations that represent groups, including organized labor to collect fees and dues. This is meant to limit collective political speech.
HB 2133 Granting tax credits for parents and legal guardians whose children are in a homeschooling program or private school Oppose This bill creates a tax credit for parents with children who are being home schooled or private schooled. Although this program is different than an education tax credit, which is limited to education-related expenses, the ACLU concerns that this allows state funds to be channeled into religious programs remains with.
HB 2140 Relating to insurance coverage for breast cancer screening Support This bill provides standards and requirements for insurance coverage of breast cancer screenings. The costs of these screenings disproportionately falls on women, and providing coverage helps to level the playing field as well as provide an important public health service.
HB 2141 Creating the Police Partnering with Communities Act Support This bill creates a financial incentive for police to live in economically distressed areas where they work. The bill is designed to address a concern that the people policing disadvantaged communities do not have strong ties to the community and that can make violence more common. The ACLU supports efforts to address police violence.
HB 2142 Providing for the reintegration of inmates in correctional facilities Support This bill requires the Division of Corrections to work with residents in correctional facilities to get documents such as birth certificates and drivers licences, if eligible. Not having these documents is often a barrier people encounter upon reentry and the ACLU supports effort to address this.
HB 2143 Screening for adverse childhood experiences Support This bill requires insurers to cover screenings for adverse childhood experiences. This experiences have been linked to a number of negative outcomes including justice involvement. Screening can help identify at-risk youth and connect them with supports and services prior to that point.
HB 2145 Be Exceptional Starting Today Act Support This bill would create a regime to legalize and regulate cannabis. The ACLU supports ending the War on Drugs.
HB 2150 Requiring parents or guardians to participate in programs for juveniles in an out-of-home placement Oppose This bill requires that parents or guardians participate in programs as part of a child removal or out-of-home placement. The ACLU strongly supports efforts to reduce removals and increase reunification. We recognize that this often requires cooperation with supports and services to the whole family. However, such decisions should be made on a case-by-case basis, and not established as a blanket rule.
HB 2151 Relating to accessories to a crime Support This bill reduces the charges and sentencing for family members and others who are considered accessories after the fact to a crime. This helps to reduce over-incarceration, particularly for people who were not directly engaged in criminal activity.
HB 2155 Defend the Guard Act Support This bill prohibits the WV National Guard to be deployed to a foreign combat zone without a congressional declaration of war. The ACLU supports relying on the constitutional requirement that we have Congressional declarations of war.
HB 2162 Require medical malpractice insurers to establish a separate insurance pool for doctors who conduct abortions Oppose This bill would require insurers to provide a separate pool for physicians who provide abortions. The bill also prohibits insurance premiums to be lower than they would be otherwise. This bill makes it harder for medical providers who perform abortions to get insurance coverage. The ACLU would oppose this in any circumstance, but providers now are only performing emergency procedures so this law would be even more dangerous.
HB 2164 Stop Social Media Censorship Act Oppose This bill creates a private cause of action for social media removing or blocking any content promoting a religious or political viewpoint. The ACLU recognizes the growing importance of social media as a public platform. However, social media companies are private corporations that have a right to monitor and control the content on their sites.
HB 2172 Allow local governments to hold property owners more accountable for upkeep of buildings Oppose This bill allows local government officials to identify and recommend for removal properties deemed to be a public nuisance. Although there is a notice requirement, it is a very short notice for what may constitute a substantial taking. The use of a governing body also raises the potential for misuse.
HB 2181 To establish a state animal abuse register Oppose This bill would create a registry for people convicted of animal abuse. They must register annual and pay fees. This creates additional legal obligations on people long after they have served their sentence. These obligations can bring people back into the criminal system.
HB 2182 To acknowledge that the mental health of higher education students is of paramount importance, and due to a variety of issues Support This bill requires public institutions of higher education to make a plan to identify and treat students with mental health needs. The ACLU recognizes mental and behavioral health services often help divert at-risk people from the legal system. So the ACLU supports expansion of these services.
HB 2184 Permitting election day registration of voters Support This bill allows voter to register to vote on election day. The ACLU supports removing barriers to voting, and voter registration deadlines are a barrier.
HB 2189 To create the "Protection of Property from Warrantless Searches Act." Support The bill recodifies and strengthens warrant requirements for search and seizure on private property. The ACLU supports these protections.
HB 2190 Relating to eligibility for workers' compensation benefits by requiring blood test after traumatic injury to determine intoxication Oppose This bill requires a blood test of any person involved in a workplace injury. Refusal to consent to the blood test renders the person ineligible for Worker's Compensation. Requiring blood samples is an invasion of privacy, and the mere fact that the person was in an accident is not sufficient cause to merit this invasion.
HB 2192 Relating to health insurance for living organ donors Support This bill prohibits insurers from denying coverage or services on the basis of being an organ donor. The ACLU recognizes the importance of access to medical care regardless of medical status.
HB 2196 To remove opioid treatment programs from requiring a certificate of need Support This bill removes a moratorium on medication-assisted treatment programs, and adds opioid addiction treatment services back into the exemptions from the certificate of need program. We support the expansion of treatment options as an alternative to relying on incarceration.
HB 2201 State Living Donor Protection Act Support This bill prohibits insurers from denying coverage or services on the basis of being an organ donor. The ACLU recognizes the importance of access to medical care regardless of medical status.
HB 2202 Creating the WV Community Development Equity Fund Support This bill directs the West Virginia Economic Development Authority to assist African-American and minority business ownership. The ACLU supports efforts that help to undo racial disparities.
HB 2204 Increasing criminal penalties for certain crimes against houses of worship Oppose This bill creates enhanced sentences for crimes against houses of worship. While the ACLU supports robust protections of the right to worship freely, the ACLU opposes increasing sentences to achieve this aim. Furthermore, existing state and federal laws already provide protections for targeting religions.
HB 2210 Require all registered voters to produce a photo ID to vote in all public office elections Oppose This bill requires voters to have a photo ID to vote. Voter ID laws address a virtually non-existent threat of in-person voter fraud, while making it substantially harder for marginalized people to vote.
HB 2214 Require special elections to be held same day as primary or general election Support This bill requires special elections to be held on the same day as other statewide elections. This makes it easier for people to know when elections are, and to participate.
HB 2215 Require all public contracts be publicly advertised Support This bill requires any public entity that enters into a contract to make the contract public. The ACLU supports transparency.
HB 2217 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 2218 Distracted Driving Act Oppose This bill enhances penalties, including adding jail time for using devices while driving. The ACLU opposes expanding the use of incarceration.
HB 2219 Relating to permitting medical cannabis to be dispensed in edible form Support This bill allows medical cannabis to be dispensed in edible form. The ACLU supports reducing the criminalization of cannabis.
HB 2225 Requiring each county school board to employ at least one full time school nurse Support This bill requires every public school to have a nurse. Providing appropriate health and support services is an essential part of making a safe and supportive learning environment.
HB 2226 Make criminal invasion of privacy a felony Oppose This bill amends West Virginia's "revenge porn" law to increase the penalties. The ACLU opposes expanding the use of incarceration.
HB 2229 Increasing transparency in the apportionment process for congressional and legislative districts Support This bill requires legislative redistricting go through a series of public hearing around the state, and provide better notice about the maps that are going to be used. The ACLU supports a more transparent, less partisan process for drawing legislative districts.
HB 2233 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 2235 Relating to the juvenile justice reform oversight committee Support This bill requires a state-created committee reviewing juvenile justice reforms to calculate cost savings and make recommendations for cost savings into further reforms and investment in infrastructure to support reforms.
HB 2236 Removing the one-time limit on the expungement of certain criminal convictions Support Currently people petitioning for expungement may only petition once. This removes that cap. Once a person has served their sentence, they should have an opportunity to rebuild their life. This is a way to ensure they have that ability.
HB 2238 Relating to the cultivation of medical cannabis Support This bill expands the forms in which medical cannabis can be distributed and allows for people with a medical cannabis card to grow small amounts at home. The ACLU supports removing restrictions on cannabis.
HB 2239 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 2241 Relating to education to children and adults housed in correctional facilities and regional jails Support Currently the state is required to provide education to incarcerated people, but the requirement is contingent on funding. This bill removes the contingent of funding, making it an absolute requirement. This is part of establishing an emphasis on rehabilitative services.
HB 2243 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 voters signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB 2244 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 voters signs a petition. While the ACLU supports democracy, this is mechanism that may chill popular legislation for fear of costs of challenges.
HB 2246 Relating to unlawfully using electronic communication devices while driving Oppose This bill enhances penalties, including adding jail time for using devices while driving. The ACLU opposes expanding the use of incarceration.
HB 2247 Relating to reorganizing the Department of Health and Human Resources Neutral This bill would reorganize DHHR. The ACLU will monitor this to ensure that proper procedures and policies are put in place to ensure that essential services are not interrupted.
HB 2251 Increasing penalties sexual offenses Oppose This bill increases the penalties for certain sexual offenses, primarily by making all sentences determinate. The ACLU opposes measures that will increase mass incarceration.
HB 2252 Relating to establishing criminal penalties for human trafficking Oppose This bill increases the penalties for human trafficking offenses, by making all sentences determinate. The ACLU opposes measures that will increase mass incarceration.
HB 2261 Relating to the special community development school pilot program Support This bill provides more support and technical expertise for an existing pilot program to provide more educational services to minority and underachieving students.
HB 2262 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 2264 Establishing the Minority Health Advisory Team Support The bill creates a team to provide advice on improving health and social determinants of health to minority communities that continue to experience health disparities. The ACLU supports proactive efforts to reduce racial disparities.
HB 2265 Prohibiting the private ownership or operation of a prison Support This bill prohibits the private ownership or operation of prisons. Private prisons create a financial incentive to incarcerate people, so the ACLU fully supports ensuring that this does not happen.
HB 2266 Adding "sexual orientation" and "gender identity" to the categories covered by the Human Rights Act and WV Fair Housing Act Support This bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB 2267 Authorizing possession and smoking of medical cannabis by approved persons Support This bill permits the possession and smoking of cannabis flowers under a valid medical cannabis card. The ACLU supports removing restrictions and criminalization of cannabis.
HB 2276 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.
HB 2280 Relating to the criminal offense of desecration of graves and vandalizing cemeteries Neutral This bill adds community service to the sentence for desecration of graves. The ACLU supports the use of alternatives to incarceration and restorative measures. However these should be in lieu of incarceration, not in addition to incarceration.
HB 2286 Making expungement of records for certain defendants found not guilty or have had charges dismissed to occur without petitioning the court Support This bill provides that a person who is found not guilty of a criminal charge or has a charge dropped or dismissed has their record automatically expunged unless challenged by the prosecutor. Even unsubstantiated charges can be a barrier for people in a variety of ways. Expunging those records is a common sense way to protect the rights of people who have not been found guilty of a crime.
HB 2287 Requiring sharps containers in all state buildings and facilities where the public is allowed Support This bill requires state buildings to have sharps containers. This stigmatize people with medical conditions that require injectable medications.
HB 2289 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 2290 Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act Support This bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB 2293 Life at Conception Act of 2023 Oppose This bill seeks to redefine life as beginning at conception. This assertion creates a number of legal obligations and barriers that create unrealistic obligations on the state and on pregnant people.
HB 2294 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 2301 Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientation Support This bill would ensure that people cannot be discriminated against in housing, employment, and public accommodations on the basis of sexual orientation or gender identity. The ACLU strongly supports these needed protections.
HB 2312 Relating to abortions after detection of an unborn child's heartbeat Oppose This bill would prohibit abortions after a heartbeat is detected. A similar law has already been passed, nonetheless, the ACLU remains staunchly opposed to any restrictions to abortion.
HB 2318 Relating to certification of a patient's eligibility for medical cannabis Support This bill amends the Medical Cannabis Act and allows a physician to prescribe medical cannabis for any condition that where the physician believes cannabis will help, replacing a specific list of conditions. The ACLU supports expanding medical options to more patients.
HB 2319 Relating to drug testing of legislators Oppose This bill would create drug testing of legislators. The ACLU opposes suspicionless drug testing.
HB 2321 Require an ultrasound prior to abortion Oppose This bill requires an ultrasound prior to an abortion. The bill has been made obsolete by recently enacted abortion laws, however the ACLU still opposes this as a restriction on abortion.
HB 2322 Provide for crime of impersonating non-public persons on social media Oppose This bill creates a crime in impersonating any person who is not a public figure. The language is overly-broad and constitutes an infringement on the freedom of expression. Additionally, the harms in this bill can be addressed through civil litigation without criminal charges, which are excessive.
HB 2323 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 2326 Prohibit state funding for any organization that performs abortions Oppose This money prohibits any state money to go to any organization that performs abortions or benefit plan that covers abortion. This is an attempt to disincentive providers from offering abortion services, reducing access. Furthermore, in WV, abortions are now only legal under extreme circumstances, such as life threatening situations.
HB 2328 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 2329 Ban civil asset forfeiture unless person convicted Support This bill bans the practice of civil asset forfeiture, and requires a criminal conviction to forfeit any property. The ACLU opposes civil asset forfeiture and supports efforts to end the practice.
HB 2330 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 2332 Prohibit county clerk from charging or prohibiting person from taking pictures of public documents Support This bill ensures that if a member of the public comes to the location of a public document and seeks to photograph the document, they are not charged. This is the minimum that should be expected to ensure there are not barriers to public information.
HB 2335 Establish the WV Constitution and the WV Code as the primary law in WV Oppose This bill states that no constitutional or legal system is superior to that of West Virginia and any attempt to establish another is chargeable as treason. This is a direct violation of the Supremacy Clause.
HB 2336 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 2343 Grant automatic expungement of criminal records in certain instances Support The bill allows certain criminal records to be automatically expunged, establishes a process to identify and expunge those records and sets procedures to unseal records in certain circumstances. The ACLU supports efforts that reduce the collateral consequences of involvement with the legal system.
HB 2345 Relating to automatic voter registration Oppose This bill requires any entity that registers a voter to require express permission to do so. This completely undoes any automatic voter registration procedures and re-establishes an unnecessary barrier to voting.
HB 2347 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 2350 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 2351 Establishing a tax credit for businesses who hire, promote and develop women and minorities into executive, professional or administrative role 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 2352 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 2355 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 2358 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 2360 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 2363 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 2366 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 2367 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 2374 Make appointment process for Congressional seats the same as that for the US Senate Support This bill allows the Governor to appoint a replacement in the case of an absence in the US House of Representatives and subsequently call a special election. This provides a process to ensure there is full representation in Congress.
HB 2379 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 2386 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 2389 Provide for a special driver's license for those with physical disabilities Oppose This bill establishes license plates and driver's' licenses that give notice that an individual has a physical disability. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
HB 2390 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 2391 To create a bill to designate February 3 as "Freedom Day," to memorialize the February 3, 1865 Act by the Legislature that abolished slavery in West Virginia Support This bill would require the Governor to recognize the day that the WV Legislature abolished slavery. The ACLU supports formal recognition of a significant step in basic civil rights.
HB 2392 Relating to assault with bodily fluids Oppose This bill would create a new misdemeanor offense. The ACLU opposes the creation of new crimes, particularly when the same behavior can be addressed through existing criminal and civil statutes.
HB 2397 Modifying the definition of child abuse or neglect to exclude accidental injury Support This bill clarifies that child abuse and neglect does not include accidents that happen under reasonable care. This is a good clarification that protects people from unnecessary prosecution.
HB 2398 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 2403 Relating to penalties for conspiracy to commit murder Oppose This bill enhances penalties for conspiracy to commit any homicide as part of a conspiracy to commit a crime against the state. The ACLU opposes increasing sentence lengths.
HB 2404 Relating to repayment of legal services when payment is made by the state for public defender services Oppose This bill requires Public Defender Services to obtain a order to garnish the wages of any person who is provided a public defender. The proliferation of new fees is one of the ways that people are unable to escape the criminal legal system.
HB 2406 Relating to licensure for polygraph examiners Oppose This bill would remove state licensure requirements for polygraph examiners. Polygraphs are a tricky and sometimes unreliable source that is often used to deprive people of their most basic liberties. The ACLU opposes any attempt to relax the standards of this profession.
HB 2410 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 2411 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 2414 Placing notation on driver's license or ID cards regarding certain cognitive disabilities Neutral This bill allows people with cognitive disabilities to request a marker on certain state-issued ID's. The ACLU has concerns about coercing people into having to disclose disabilities, and the presumption that people would not be treated appropriately without self-identification. However, because this program is voluntary, the ACLU will monitor this legislation.
HB 2415 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 2419 Relating to removing the Certificate of Need moratorium on opioid treatment facilities Support This bill ends the moratorium on granting certificates of need to opioid treatment programs. This expands treatment options which is important for people with substance use disorder and as an alternative to incarceration.
HB 2420 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 2423 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 2424 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 2427 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 2431 Relating to the Ryan Brown Fund Amendments Needed This bill directs opioid settlement money into the Ryan Brown Fund. The bill also limits what programs and services can receive funds from the Ryan Brown Fund. The ACLU supports investing in treatment and prevention, but supports a larger "menu" of options.
HB 2432 Increasing the penalties for exposure of governmental representatives to fentanyl or any other harmful drug Oppose This bill creates a new crime if a government agent or representative is deliberately or accidentally exposed to fentanyl. This is a redundant and excessive criminal charge that increases mass incarceration while doing nothing to change behaviors or protect public safety.
HB 2435 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 2437 Relating to fetal body parts Oppose Although this bill is largely made inconsequential by the recent abortion ban, the ACLU supports the full range of reproductive rights and opposes efforts to limit access to reproductive healthcare. This bill significantly limits access to abortion through a ban once a so-called "fetal heartbeat" is detected, limits what medical emergencies would qualify for an abortion, and spreads dangerous myths about abortions.
HB 2440 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 2441 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 2444 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 2447 Create a CARE FOR ALL line Support This bill would create a hotline to help people connect with services and service providers who are competent and supportive of different races, sexual orientations, and gender identities. Access to supportive care is often a problem for people in these communities, and the ACLU supports efforts to establish better care.
HB 2460 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 2461 Video and audio recordings in self-contained classrooms Oppose This bill requires video and audio recording in classrooms, continuous monitoring, and access to recordings at the request of any person. Students are not suspects and should not be continuous monitoring. It limits their privacy and will likely result in an increase in unnecessary referrals to the school disciplinary system and legal system.
HB 2462 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 2464 Limitations to solitary confinement to 3 days per every 2 weeks Support This bill provides some limitations on the use of solitary confinement. Solitary confinement is a cruel form of punishment with demonstrable harms. The ACLU supports the elimination of this tactic as a punitive measure and substantial limitations on its use as as a safety measure.
HB 2470 Creating a youth advisory council for civic engagement Support This bill creates a council to explore ways to increase civic and social engagement in youth. The ACLU supports taking a proactive approach to civic engagement which ensures a robust democracy and fosters community.
HB 2471 Relating to the suspension of driver's license for unpaid tickets Oppose This bill reinstates the practice of suspending licenses for unpaid fines and fees. This is a way that poverty is criminalized and only sets people up to fall deeper into the legal system.
HB 2472 To add additional members to the West Virginia Parole Board Support This bill adds more people to the Parole Board. This can help to alleviate the backlog in parole hearings and expedite the process of releasing eligible people.
HB 2473 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 clarifies the process or disclosure and use of juvenile records in employee grievances. The proposal amends recently-enacted laws which significantly limit other forms of public scrutiny. The ACLU takes no position on the proposed changes but will monitor the proposal to advise other ways to increase transparency while protecting the privacy of juveniles.
HB 2474 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 2477 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 2482 Relating to social determinants of health Support This bill creates an advisory body to take a more holistic look at health, factors that influence health, and disparities in health care and health outcomes with the intent of reducing disparities by addressing underlying factors. The ACLU supports this proactive and wholistic approach to health disparities.
HB 2487 Relating to designation of social workers in the Department of Health and Human Services Support This bill creates a program to have social workers work in schools to provide early identification and support to at-risk youth and their families. The ACLU recognizes identification and intervention as a vital part of reducing the use of the legal system for children.
HB 2488 Providing school days to register and transport students to vote Support This bill requires schools to create a day to allow eligible students to vote. The ACLU supports efforts in increased access to the democratic process.
HB 2492 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 2494 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 2495 Allowing private school students to play public school sports in some instances Oppose This bill would allow private and parochial school students to participate on public school sports and activities. Absent a funding mechanism, this requires schools to spend money and resources on students that they receive no funding for. This is particularly problematic in light of recent laws which provide a financial incentive to leave the public school system, further draining public education funds.
HB 2496 Requiring that any doctor performing an abortion must be board-certified in obstetrics and gynecology Oppose This bill would require the provider of an abortion to be a certified OB-GYN. This is an restriction on a medical procedure that is not consistent with medical practices and simply creates an unnecessary barrier.
HB 2497 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 2498 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. While it is always advisable to establish good community relations this is a burden on a medical provider based on the conditions they serve.
HB 2499 Relating to dangerous crimes against children Oppose This bill prohibits mercy or early release for certain offenses. This creates an undue punitive barrier which increases mass incarceration without accounting for individual circumstances.
HB 2500 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 2501 Require hospitals with no ASL interpreter on staff provide technology for hearing or speech impaired patients to communicate Support This bill requires healthcare facilities to have technology or staff to communicate with hearing impaired patients. The ACLU supports efforts to ensure access to basic and essential health care regardless of disability.
HB 2505 Creating the Supported Decision-Making Act Support This bill provides a form and process for people with certain disabilities to name others to help in making decisions about medical care and others. The bill lays out procedural safeguards to prevent coercion and abuse. The ACLU supports this as a means for people with disabilities to live with in the least restrictive setting while still receiving voluntary support.
HB 2514 Increasing penalties for putting objects on highways Oppose This bill creates new penalties for putting or leaving debris on the highway that results in injury or wreck. The ACLU opposes the creation of new crimes that result in incarceration.
HB 2517 Medical Insurance Policy Owner's Notification Act Oppose This bill requires that a medical insurance holder be notified of any controlled substance prescribed to any member. This is a violation of medical privacy.
HB 2527 Relating to revising the criminal code generally Oppose This bill rewrites the criminal code. While some unnecessarily long sentences are reduced, others are increased. Moreover, the bill amends the code to make all sentences determinate. In practice, this increases the length of incarceration for many people. For this reason, the ACLU opposes this bill.
HB 2533 Relating to a permanent windshield placard to be valid for the duration of the applicant's life Support This bill allows for permanent disability placards in some instances. This removes a barrier for people with disabilities to continue to be recertified.
HB 2536 Permitting physicians to provide exemption certificates relating to required immunizations Oppose This bill changes the process to get a waiver from mandatory vaccines and removes some vaccines from the mandatory list. Reducing vaccines makes schools more dangerous and inaccessible for medically fragile children who cannot be vaccinated.
HB 2541 Add licensure requirement on substance use disorder inpatient provider facilities Neutral This bill requires certain substance abuse facilities to be licensed to operate. The ACLU supports ensuring that recovery facilities provide safe, effective care. However, we have concerns about using licensure to limit availability of treatment or to limit the locations in which people with disabilities can reside. The ACLU will monitor this legislation for those issues.
HB 2543 Develop a licensure process for recovery residences or other residential settings that present as a location where substance use disorder recovery can be facilitated Oppose This bill creates a licensing and appeals process for addiction recovery residences. The requirements are strict enough to become barriers to licensure of programs and subsequently barriers on housing on the basis of disability status.
HB 2545 Require a study on homelessness be conducted by the Bureau for Behavioral Health Amendments Needed This bill requires a study on homelessness. In general, the ACLU would support efforts to study and address an issue like unhoused people. However, this bill emphasizes studying stigmatizing factors such as relocation of other states, disease status, and policies that may attract unhoused people. The ACLU will support studies to better understand the drivers of homelessness or to serve the needs of unhoused people.
HB 2546 Require Substance Use Disorder inpatient providers to offer patients transportation to certain places upon discharge Oppose This bill requires substance abuse providers to transport eligible patients out of state upon completion of their program and limits Medicaid eligibility on the basis of previous residency. WV should not be limiting help on the basis of a person's previous residence. The burden of providing transportation is a significant barrier for providers offering a vital service for our communities.
HB 2547 Relating to the criminal forfeiture process act Support This bill ends the process of civil asset forfeiture and requires a criminal conviction to forfeit property.
HB 2549 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 2555 Relating to death penalty for first degree murder Oppose This bill would establish the death penalty in WV. The ACLU opposes the death penalty.
HB 2557 Make appointment process for Congressional seats the same as that for the US Senate Neutral This bill modifies the timing for special elections for filling seats in the House of Representatives. The bill does not make any other substantive changes nor normalize the process.
HB 2558 Permitting religious exemptions for compulsory immunizations Oppose This bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB 2559 Prohibiting mask mandates by the State of West Virginia Oppose The bill would prohibit the state or any subdivision to require masks or face covering. The government should not generally require colothing or covering. However, in specific health emergencies, this may be the least restrictive measure to allow other activity while protecting public health. This prohibition is too broad.
HB 2560 To require cameras in every classroom and room where children are present Oppose This bill creates an unfunded mandate for every classroom to have video recording, and to keep these records for a year. The ACLU opposed the expansion of the surveillance state.
HB 2561 Clarifying the announcement form and eligibility requirements for becoming a candidate for election to a public office Support This bill helps to clarify and formalized procedures to ensure that a candidate is qualified for office before running for election. It also helps to provide clarity for voters by setting a timeframe where a candidate can't be removed.
HB 2562 Provide for a special drivers license for those with physical disabilities Oppose This bill establishes license plates and driver's' licenses that give notice that an individual has a physical disability. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
HB 2563 Provide that someone guilty of a crime where victim was a police officer in performance of duties is eligible for parole Oppose This bill makes a person eligible for parole if a victim of their offense was a law enforcement officer. This will unnecessarily increase incarceration, and denies people a fair chance to have all circumstances considered.
HB 2567 Relating to felony trespassing Oppose This bill increases trespassing from a misdemeanor to a felony. The ACLU opposes increasing penalties.
HB 2572 To create the Protection of Shared Physical and Digital Property from Warrantless Searches Act Support This bill clarifies the warrant requirements for digital property. It limits the use of 3rd party warrants and provides a process to challenge those warrants.
HB 2573 To create the Criminal Forfeiture Act Support This bill ends the process of civil asset forfeiture and requires a criminal conviction to forfeit property.
HB 2574 Relating to warrantless entry of private lands Support This bill limits under what circumstances a law enforcement officer may enter private land without a warrant. The ACLU supports providing 4th amendment protections.
HB 2756 Relating to the controlled substance monitoring database; and adding the reporting of medical marijuana to the database Oppose This bill would require all medical cannabis prescriptions to be entered into the Controlled Substances Monitoring Database. Cannabis is still illegal at the federal level, and this bill would put medical cannabis users in legal jeopardy.
HB 2577 Revoke spending authority for money used by an agency in support of a challenge to WV law Oppose This bill prohibits political subdivisions and state agencies from using their budget to challenge a law. Agencies and subdivisions have insight and interests that can and should be considered by the legislature.
HB 2591 To ensure party affiliation is consistent with candidate's voter registration Oppose This bill prohibits a person from filing to run for office if their stated party differs from their party registration. This is a violation of the freedom of association.
HB 2594 Relating to the death penalty for first degree murder Oppose This bill establishes the death penalty in West Virginia. The ACLU opposes the death penalty.
HB 2603 Relating to vaccination and mask requirements Oppose This bill removes all requirements for masks and vaccines. We support people's rights to make healthcare decisions, but where such decisions can impact public health at large and the ability of immunocompromised and medically at-risk people to avail themselves of public services, the government interest may be legitimate, narrowly tailored, and the least restrictive means.
HB 2615 The Genealogical Record Integrity Act of 2023 Oppose This bill would require children to take their father's last name. The Government has no business inserting itself into family relations in this way.
HB 2619 Amending Hope Scholarship eligibility Oppose This bill modifies the Hope Scholarship to expand eligibility. The ACLU opposed the creation of the Hope Scholarship as a drain on public education funds, and a means to funnel public money to religious institutions. The ACLU opposes expanding the program for the same reasons.
HB 2622 Relating to no child in the State of West Virginia should be admitted into the general classroom of a public school in WV unless they can speak basic English and meet the same expectations of non-special education students who are native English speakers Oppose This bill prohibits students from attending a public school if they do not speak English. Public schools have a legal and constitutional obligation to educate all children.
HB 2624 To implement trauma-informed practices in schools Support This bill requires schools to develop and implement trauma-informed trainings and practices. These practices can help recognize kids who have experienced trauma and decrease interaction with the disciplinary and legal systems.
HB 2626 Creating the Katherine Johnson and Dorothy Vaughan Fair Pay Act Support This bill limits employers' abilities to inquire about prior salary and protects employees in discussing salaries among colleagues. These practices have been shown to reduce unfair pay practices that affect women and minorities.
HB 2629 Relating to criminal trespass Support This bill clarifies that the trespass statute does not affect legally and constitutionally-protected activity. It also removes the maximum fine for trespassing with a weapon and an intent to harm others.
HB 2636 To provide that out of school suspensions be considered "excused" absences Support This bill clarifies that an suspension cannot be used against a student for a truancy charge. No person should face consequences for the consequences imposed by the state.
HB 2752 Non-Profit Transparency and Accountability Act Oppose This bill would subject any nonprofit agency that receives state or federal funds to FOIA laws. Disbursement of state funds is subject to FOIA, and citizens can and should ensure that funds are allocated appropriately, however, non-governmental organizations are due higher privacy rights.
HB 2756 Relating to the controlled substance monitoring database; and adding the reporting of medical marijuana to the database Oppose This bill would require all medical cannabis prescriptions to be entered into the Controlled Substances Monitoring Database. Cannabis is still illegal at the federal level, and this bill would put medical cannabis users in legal jeopardy.
HB 2763 To provide for an updated definition of first degree murder on a law enforcement officer Oppose This bill removes the element of premeditation from first degree murder if the victim is certain state workers. The ACLU opposes removing the element of premeditation from a first degree murder charge.
HB 2765 Authorizing certain ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms Oppose This bill allows certain first responders to carry firearms in the performance of their duty. Firearms are unnecessary for the purposes of their job duties and increase the risk of extra-judicial killings.
HB 2766 To clarify when inmates may receive "good time" or time served Oppose This bill limits the people who can receive "good time" credit to reduce a period of incarceration. This would increase sentence lengths and drive up incarceration.
HB 2770 Expanding the eligibility requirements for private investigator and security guard license Support This bill removes a collateral consequence of prior convictions by removing a prohibition on licensure solely on the basis of the past conviction
HB 2771 Removing marijuana as a tested substance from the screening requirements Support This bill would remove cannabis as a tested substance for workplace drug testing. The ACLU opposes suspicionless drug testing broadly, and particularly supports this change.
HB 2773 Create the Education Tax Credit Oppose This bill creates an education tax credit. The ACLU opposes education tax credits as a way to funnel public money into religious institutions.
HB 2778 To create curriculum transparency in public schools Support This bill modifies laws allowing parents to inspect curriculum by requiring the curriculum to be posted on the school or county board of education website, or to be updated within 30 days of any change. The bill allows parents to request to inspect additional instructional material. This bill creates a reasonable balance between providing transparency and allowing teachers and schools to do their jobs, and adapt curriculum as necessary.
HB 2782 Require all municipal elections be held on the same election day in November that other state elections are on Support This bill requires municipal elections to be held on the same day as state elections. This makes it easier for voters to know when elections are taking place and to participate.
HB 2784 Relating to duty to prosecute Oppose This bill removes the core principle of prosecutorial discretion by requiring criminal prosecutions. It also requires keeping files on defendants when there is insufficient evidence to prosecute.
HB 2786 Objective Reality in Government Act Oppose This bill would require all laws to be backed by objective material facts. While this is a laudable goal, it is unenforceable. Furthermore, the bill incorrectly states that one material fact is a biological basis for identity.
HB 2790 WV Historical Monument Preservation and Restoration Act 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 2795 To update the definition of libel in West Virginia Oppose This law creates a misdemeanor offense of libel. Libel has traditionally been a civil matter, and the ACLU opposes the creation of new crimes.
HB 2792 Relating to Election Runoff Support This bill would allow for runoff elections in certain non-partisan elections where no candidate receives a majority of the vote. The ACLU supports elections that can better represent people's interests.
HB 2793 Relating to mental health treatment for inmates Neutral This bill clarifies that people in incarceration can be involuntarily hospitalized. People experiencing a mental health crisis should not be treated in a jail or prison. However, the ACLU has concerns about the use of involuntary hospitalization as well. The ACLU will monitor this legislation.
HB 2799 Impose criminal liability and penalties upon purchasers of goods for delivery who refuse to return rejected goods to the vendor after the purchaser has had their purchase money reimbursed Oppose This bill creates criminal penalties for defrauding vendors through reimbursement schemes. The ACLU opposes creating new crimes when the behavior can be addressed through existing law.
HB 2801 Relating to Social Media privacy and educational institutions Support This bill prohibits educational institutions from forcing a student to give a password or access to a personal social media account. The ACLU supports the privacy rights of students.
HB 2803 Remove felonies from reason to disqualify from voting Support This bill allows people who have been pardoned, finished a period of incarceration, or who are on probation or parole to vote. The ACLU supports expanding voting rights.
HB 2806 Relating to an occupational limited license Support This bill allows people who have had their driver's licenses suspended for a non-driving criminal offense to obtain a license for the limited purpose of traveling to and from work. Ath ACLU opposes licensure suspension as a form of punishment for non-vehicular crimes, and this bill is a step in the right direction of removing a collateral consequence of this policy.
HB 2809 Relating to protections for workers at state health care facilities who report unsafe patient care or unsafe patient conditions Support This bill creates whistleblower protections for reporting unsafe conditions and practices in state run medical facilities. The ACLU supports expanding government accountability. Additionally, people in hospitals are often more vulnerable and should be given particular protection.
HB 2810 Relating to data disposal protection Support This bill sets basic guidelines for the protection and disposal of personal identifying information held by corporations. The ACLU supports ensuring privacy rights.
HB 2811 Permitting anyone over 65 to vote absentee Support This bill clarifies that anyone over 65 is eligible to vote absentee. The ACLU supports this clarification, which ensures eligible voters have this option.
HB 2816 Any judgment by a mayor, any individual exercising the mayor's functions, the police court judge, or municipal judge of city be obligated to the Model Rules of Judicial Conduct. 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 2823 Allowing for Religious Exemptions of Vaccine Requirements in Primary and Secondary Schools Oppose This bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB 2825 Relating to prohibiting mask mandates Oppose This bill prohibits state or local officials or private entities from requiring masks. While the government should generally not require any item or article like a mask, a strict prohibition may be a barrier to the least restrictive means of protecting public health.
HB 2827 Make public charter schools eligible for Safe Schools Funds Neutral This bill allows safe school funds to go to charter schools. The ACLU has concerns about the use of public money to fund private education, and the growth of school security measures which subject students to surveillance and harsh discipline. The ACLU will monitor this bill for those issues.
HB 2837 Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer Oppose This bill increases criminal penalties for fleeing from an officer. The ACLU opposes increasing criminal penalties.
HB 2838 Litterbug Act Oppose This bill seeks to address littering and illegal dumping by requiring the placement of cameras. The ACLU opposes the expansion of the surveillance state.
HB 2843 Relating to statute of limitations for discrimination Support This bill amends the Human Rights Act to cover more employers and the give people more time to bring a claim. The ACLU supports these changes.
HB 2844 Relating to anti-discrimination protections for independent contractors Support This bill amends the Human Rights Act to cover independent contractors. The ACLU supports expanding the protections in that Act.
HB 2846 To limit the amount of ballot propositions. Neutral This bill allows political parties to submit proposals for legislation or resolutions onto a primary ballot. It is unclear what impact this would have. The ACLU will monitor this legislation.
HB 2847 To impose a life sentence on fentanyl dealers Oppose This bill would create a life sentence for people who distribute fentanyl. The ACLU opposes increasing sentence lengths.
HB 2850 Clarifying general education teachers' entitlements for the general education classroom that provide academic support for students identified as having an exceptionality whose least restrictive environment remains the general education classroom. Support This bill ensures that teachers have an aide when students with exceptional needs are placed in the general education classroom. An explicit purpose of the bill is to put students in a non-segregated, least restrictive setting, which the ACLU supports.
HB 2851 Relating to legalizing cannabis production, sales and adult consumption Support This bill would legalize and regulate cannabis. The ACLU supports ending cannabis prohibition.
HB 2855 Relating to election reform Support This bill removes signature matching to validate ballots, enables no-excuse absentee voting and allows absentee ballots to be placed in drop boxes. The ACLU supports these measure to improve access to voting.
HB 2857 The purpose of this bill is to give a 10-day right to appeal to the Supreme Court of Appeals a Secretary of State decision to not certify a candidacy. Support This bill gives the West Virginia Supreme Court of Appeals original jurisdiction over a refusal to certify a candidate, and limits the time for appeal to 10 days. This ensures a speedy and absolute resolution to questions of whether a candidate is eligible to run for office. This provides predictability to voters.
HB 2863 Creating a homeless education coordinator for county schools Support This bill creates a position to oversee and coordinate education services for students who do not have permanent or stable housing. The ACLU supports providing supports and services to at-risk youth.
HB 2866 Provisions for election observers during any election and at any voting or ballot-reviewing and ballot-counting location within West Virginia Amendments Needed This bill creates a process for political parties to nominate and have observers at all parts of the electoral process to ensure a transparent and fair process. We support increased transparency, but recognize there is a need to protect poll workers and voters from intimidation.
HB 2869 Relating to law enforcement warrant for third party information Support This bill limits the ability of police to procure records from telecommunications companies without a warrant. The ACLU supports enforcing warrant requirements.
HB 2877 Relating to the definition of employer for sexual harassment purposes Support This bill expands the Human Rights Act to cover more employers and adds protections for independent contractors. The ACLU supports expanding nondiscrimination problems.
HB 2883 Making a supplemental appropriation from the Coronavirus State Fiscal Recovery Fund Oppose This bill would put the majority of the state's remaining Covid recovery money into economic development and not into the communities most impacted by covid.
HB 2884 Requiring a minimum of 7 year term in state prison for conviction of distributing controlled substances Oppose This bill imposes a mandatory minimum sentence of 7 years of incarceration for any crime of delivery or possession with intent to deliver. The ACLU opposes mandatory minimums.
HB 2885 Relating to life at conception Oppose This bill seeks to redefine life as beginning at conception. This assertion creates a number of legal obligations and barriers that create unrealistic obligations on the state and on pregnant people. The bill additionally tries to statutorily deny recognition of people who are intersex, transgender, and non-binary.
HB 2890 The purpose of this bill is to modify student discipline Amendments Needed This bill provides guidelines for removing disruptive students from a classroom, and utilizing in-school suspensions before out-of-school suspensions. It also requires teachers and school board members to develop a uniform tiered disciplinary system with specific examples. The ACLU supports developing uniform and predictable disciplinary measures and scaled sanctions. However, appropriate disciplinary reforms also require interventions to provide at-risk students supports to develop appropriate behavior.
HB 2892 Relating to the Disconnection of Residential Utility during a State of Emergency Support This bill would prevent the discontinuation of utilities to residents during a state of emergency and sets forth the policies for any deferred bills. The ACLU supports ensuring people have access to basic needs during times when they may not be able to maintain financial obligations and when other exigent conditions are present.
HB 2897 Permit registered voters to vote an absentee ballot by mail in all circumstances Support This bill allows voters to vote by absentee ballot without an excuse. The ACLU supports no-excuse absentee voting.
HB 2901 State may not participate in or join the national school board association Oppose This bill would prohibit WV from joining or participating in the National School Board Association. This restricts the freedom of association and limits a resource for state educators.
HB 2903 Library boards who make decisions on books must have ideological equality Oppose This bill requires library board members to have ideological equity. Ideological equity is a vague and unenforceable requirement.
HB 2916 Relating to terrorism Oppose This bill redefines and radically expands the definition of terrorism, allowing a number of activities to be labeled as terrorism and organizations to be labeled as terrorist organizations. This poses a substantial threat to the freedom of association.
HB 2919 To ban adult-oriented stores from operating physical locations in West Virginia Oppose This bill would prohibit any number of "adult-oriented businesses" from operation in West Virginia. This is censorship.
HB 2920 To prohibit the distribution of smoking devices as part of a harm reduction program Oppose This bill prohibits any smoking devices as part of a harm reduction program. The ACLU supports harm reduction and opposes measures to prohibit evidence-based best practices.
HB 2921 Establish a memorial at the Capitol for the unborn whose lives were lost. Oppose This bill would create a memorial to the unborn. This is an endorsement of an extremist message that vilified the personal choice to have an abortion.
HB 2923 To modify exemptions from criminal liability to include a distinction for biological lessons regarding reproduction. Oppose This bill would limit the scope of sexual education and prohibits libraries from providing this material. The ACLU supports libraries as a source of information, and believe that wider conversations around sex, sexuality and gender are not obscene but are important conversations to have.
HB 2924 Cap the number of MAT facilities to 20 overall, with a limit of one per county Oppose This bill would limit the number of addiction recovery facilities in WV. The ACLU supports creating more recovery options, not fewer.
HB 2926 To modify parenting if father encouraged an abortion Oppose This bill changes the presumption of equal parenting where one partner encourages the other to obtain an abortion. The ACLU opposes punishing free speech.
HB 2931 Convention of states delegates have penalties for deviating from what they were sent to convention for Oppose This bill creates harsh criminal penalties for deviating from the topic at an Article V Convention of the States. The ACLU opposes the use of a Convention of the States to amend the Constitution, and a law like this may be nullified by the process while creating a false sense of security.
HB 2932 Bill to fund armed veterans at our schools Oppose This bill would allow armed security at public schools. Research has shown that security do not prevent major incidents, but increase the likelihood of minor incidents including the expansion of the school to prison pipeline.
HB 2933 Increase in fines and criminal penalties when an employer fails to maintain employment records of an unauthorized employee Oppose This bill significantly increases the penalty for employing an unauthorized person. The ACLU opposes raising criminal penalties.
HB 2936 Establishing privacy regarding medical treatments Oppose This bill prohibits anyone from being required to utilize or disclose any medical treatment. While the ACLU supports privacy, this prohibition is too broad and could threaten legitimate reasons to disclose medical statuses.
HB 2940 Establishing the Anti-Stereotyping Act Oppose This bill states that it limits requiring or coercing people to hold certain stereotypes or that such stereotypes exist. In practice, the bill would make it harder to have legitimate discussions about the impact of race, racism, and other forms of discrimination.
HB 2944 Relating to DNA collection requirements in abortion cases relating to rape or incest Oppose This bill establishes procedures to collect evidence from a person who gets an abortion under the exceptions for rape and incest. Forcing a person to have to undergo these examinations is another barrier to abortion.
HB 2947 Relating to mandatory drug testing of all classes of employees in K through 12 schools Oppose This bill would require drug testing for educators. The ACLU opposes suspicionless testing.
HB 2950 Exempting certain hygiene products from sales tax Support This bill exempts menstrual products from sales tax. The ACLU supports removing financial barriers that disproportionately affect women.
HB 2951 Removing certain drugs from schedule one Support This bill would remove cannabis and psilocybin from Schedule I of the Controlled substances Act. The ACLU supports ending the War on Drugs.
HB 2952 Creating online voters' guide Support This bill would create a guide for voters. This will help make voting easier and more transparent.
HB 2957 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 2962 Second Look Sentencing Act Support This law allows judicial officials to modify a sentence after 10 years of incarceration. This reduces incarceration by being able to reexamine circumstances that may have changed.
HB 2963 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 prohibits charging inmates copays. Fees and expenses incurred during incarceration can be a major barrier to reentry. Additionally the state takes on the obligation of providing adequate medical care when it incarcerates people.
HB 2964 Relating to 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.
HB 2965 To create a pilot project of tiny homes Support This bill would require a pilot project of "tiny homes" to be needs-based residences for at-risk populations. The ACLU supports providing supports for at risk individuals.
HB 2966 To create a tax incentive to landlords who allow a first time or second chance housing of homeless individuals, justice impacted persons, assault victims, veterans, and adults who age out of the foster care system. Support This bill gives landlords a tax incentive to allow residency by certain at-risk populations The ACLU supports ensuring stable housing.
HB 2970 Creating the equitable right to expungement Support This bill allows people who successfully complete a pretrial diversion program or deferred adjudication to file for expungement of their record after completion of the program. The ACLU supports measures that promote the use of alternatives to incarceration and reduce collateral consequences.
HB 2971 Access to Rehabilitation Act Support This bill clarifies that people in correctional facilities can access reading material without financial barriers. The ACLU supports giving access to information.
HB 2972 To prohibit public university names for gender affirming care Oppose This bill prohibits state university-affiliated hospitals from providing gender-affirming care. Gender affirming care is an evidence-based and live-saving medical treatment.
HB 2974 Creating the West Virginia Native American Tribes Unique Recognition, Authentication, and Listing Act Neutral This bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
HB 2976 Creating the Keep Roe Reversed Forever Act Oppose This bill would restrict state funding to any organization that provides or advocates for abortion. The ACLU supports free speech rights and abortion rights.
HB 2979 Establishing an animal abuser registry Oppose This bill would establish a registry for people convicted of animal abuse. The ACLU opposes the use of registries.
HB 2980 Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter Oppose This bill would remove exemptions for schools, museums, and libraries in the general law prohibiting exposing minors to obscene matter. This is an attempt to expand censorship, and the ACLU opposes censorship.
HB 2981 Prohibit the sheriff's department from posting mug shot photos for an arrest Support This bill prevents mugshots from being published if without a conviction. Mugshots often lead to stigma and additional consequences. The ACLU supports this protection.
HB 2983 Relating to cruelty to animals Amendments Needed This bill provides clear definitions for various elements of cruelty to animals, enhances penalties and creates a registry. The ACLU supports the creation of clear rules that allow for predictability. The ACLU opposes increasing criminal penalties. The ACLU opposes the use of registries.
HB 2984 Relating to establishing a program for camera assisted speed enforcement in active school zones in this state Oppose This bill allows for traffic cameras in school zones. The ACLU has serious concerns about the proliferation of cameras. Even seemingly neutral and desirable enforcement such as traffic laws can result in disparate treatment, and often result in enforcement that is inconsistent with general public practice. While this bill does contain good safeguards such as prohibiting fully automatic systems for traffic enforcement, and a robust due process, the ACLU remains opposed to this legislation.
HB 2991 Establishing the crime of torture Oppose This bill would create a new crime. The elements for the new crime are all included in other criminal charges. The bill explicitly states that the new crime can be charged in addition to other crimes. The ACLU opposes the creation of new crimes where existing ones are sufficient.
HB 2997 To make the HOPE Scholarship applicable to all children Oppose This bill modifies the Hope Scholarship to expand eligibility. The ACLU opposed the creation of the Hope Scholarship as a drain on public education funds, and a means to funnel public money to religious institutions. The ACLU opposes expanding the program for the same reasons.
HB 2998 Non-binary not permitted on birth certificates Oppose This bill would prohibit people from being able to get accurate birth certificates to correctly list their gender. The ACLU supports accurate IDs.
HB 3000 Universities must accept religious, medical, or right of conscience exemptions to taking vaccinations Oppose This bill requires institutions of higher learning to accept any excuse for refusing a vaccine. Universities have a legal obligation to provide a safe, accessible learning environment, and should be able to balance that obligation and the needs of immunocompromised and medically-fragile people with the objections of others.
HB 3001 To prohibit punishment for teachers who refuse to use pronouns inconsistent with a child's sex Oppose This bill would prevent civil liability or adverse employment actions for a teacher who misgenders a student. Teachers have a legal obligation to provide a safe, supportive learning environment, and bullying a child is a contradiction of that obligation. This would also put the state in conflict with federal law.
HB 3002 To create a crime to send someone abortion pills through the U.S. mail Oppose The bill prohibits the distribution of certain medications through the mail. The ACLU supports safe, accessible medication.
HB 3003 Stop practice of medicine by telehealth for abortion prescriptions Oppose This bill would expand the prohibition of abortion medication by telehealth to also cover abortion services. The ACLU supports access to abortion.
HB 3004 Relating to transferred right of self-defense to a person who engages an active shooter on school grounds Oppose This bill establishes a right to use a firearm and lethal force against a school shooter for the general public. The bill also allows up to a $50,000 reward for neutralizing a school shooter. This will incentive people with firearms to overreact to situations and make a shooting situation more dangerous.
HB 3006 West Virginia Critical Infrastructure Protection Act Oppose This bill creates a sentence enhancement for copper theft, and explicitly encourages asset forfeiture. The ACLU opposes sentence enhancements and asset forfeiture.
HB 3008 Relating to clarifying the uniform statewide deadline for electronically submitted voter registration Support This bill clarifies that electronic voter registration can be received until midnight on the deadline. This expands, marginally, the window for voter registration.
HB 3009 Relating to voting rights of formerly incarcerated individuals Support This bill allows people on felony probation and parole to be able to vote. The ACLU supports voting rights.
HB 3010 Relating to medical marijuana Oppose This bill removes protections for medical cannabis users against their employers and landlords and replaces those protections with protections for the employers and landlords. The ACLU believes people should not face discrimination based on their medical treatment.
HB 3014 Require Correctional Facilities to provide free feminine hygiene products Amendments Needed This bill requires correctional facilities to provide menstrual products to female inmates. The ACLU supports providing menstrual products but recognizes that some people who are not recognized as female also menstruate.
HB 3018 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 prohibits marriage under 18. The ACLU believes the right to marry is a fundamental right, and any attempt to restrict it must be very narrow and based on specific circumstances.
HB 3020 To mandate that the Secretary of State to utilize the Electronic Registration Information Center Support This bill mandates that WV utilize the Electronic Registration Information Center to verify voter registration. The ACLU recognizes ERIC as a credible voter verification system.
HB 3025 Relating to DNA data maintained for law enforcement purposes Oppose This bill expands from whom DNA can be collected and stored. The ACLU believes that restrictions on the use of biometric information need to be tighter, not looser.
HB 3030 Creating the Paid Parental Leave Pilot Program Support This bill would create a pilot program for paid family leave. The ACLU supports paid family leave.
HB 3033 Create Intergenerational Poverty Task Force Support This bill creates a task force to make recommendations regarding intergenerational poverty. The board includes a number of stakeholders, including representatives of civil rights organizations. The ACLU views poverty as a civil liberties issue and supports looking holistically at intergenerational poverty.
HB 3034 To create a Parolee Drivers Permit Support This bill allows a program to give drivers permits to people on parole. This removes another collateral consequence to incarceration.
HB 3035 Relating generally to high-quality education programs and school operations Oppose This bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
HB 3038 Add unborn persons to the definition of driving under the influence and causing injury or death to an unborn person. Oppose This bill would add fetal loss to the crime of DUI resulting in death. It also significantly increases criminal penalties. The ACLU opposes increasing criminal penalties.
HB 3042 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 3043 To require a blood draw/blood test after a motor vehicle accident to determine impairment of those involved. Oppose This bill requires a blood draw after a motor vehicle accident. Blood draws are a significant invasion of privacy and the existence of an accident without any additional information is not sufficient to create suspicion to merit this level of invasiveness.
HB 3049 To create the American Campuses Act Neutral As amended in the House Education Committee this bill utilizes federal guidance to prohibit certain countries from establishing programs in WV universities. The ACLU will continue to monitor this legislation, but changes alleviate some concerns.
HB 3052 Creating small business and minority populations economic and workforce development taskforce Support This bill would create a task force to examine issues regarding workforce inclusion and participation, with an emphasis on minority populations. The ACLU supports taking proactive steps to improving outcomes for marginalized populations.
HB 3061 Relating to updating the authority of the Foster Care Ombudsman Support This bill protects certain foster care records in juvenile court proceedings. Evidence is often gathered by prosecution to impose harsher sentences on children. The ACLU supports reasonable protections on evidence that can be misused in such a way.
HB 3081 To abolish felony murder charge in West Virginia Support This bill would eliminate felony murder, where a person may be charged with murder if another person dies in the commission of a felony. Felony murder charges are unnecessary enhancements that punish people excessively for unintended consequences.
HB 3086 Men's Equality Act Support This bill requires PEIA to cover 100% of a vasectomy or other male sterilization. The ACLU supports increasing access to reproductive healthcare.
HB 3089 Tax credits for employers providing child care Support This bill provides a tax incentive for employers that offer child care services. Lack of childcare is often a barrier to work that falls disproportionately on poor and marginalized populations. The ACLU supports creating incentives to provide this service.
HB 3097 Banning Medicaid and CHIP from paying for child and adult transgender surgeries Oppose This bill prohibits CHIP and Medicaid for paying for certain gender affirming therapies for minors. Physicians and patients should make medical decisions, not politicians.
HB 3099 To establish a grant program for colleges that take steps to establish themselves as Student Basic Needs campuses Support This bill provides a grant for colleges that provide programs to support nutrition and other basic necessities for low income students. Secondary expenses to higher education are another barrier for low-income individuals and families that can perpetuate systemic inequities, and this legislation aims to reduce that barrier.
HB 3100 Requiring medical insurance providers to include infertility services in their policies Support This bill requires insurance carriers to provide coverage for infertility services. The ACLU supports increasing access to reproductive healthcare.
HB 3103 To eliminate the restriction to carry a firearm on the state capitol complex grounds Oppose This bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
HB 3106 Add Kratom to list of schedule I controlled substances Oppose This bill adds Kratom to schedule I of the list of controlled substances. The ACLU opposes criminalizing substances as a means of regulation and control.
HB 3115 To allow the development of a specialized intermediate care facility for individuals with intellectual and developmental disabilities Amendments Needed This bill would establish long-term care facilities for people with disabilities that need long-term managed care but do not acute hospital settings. The bill lays out the basic outlines of these facilities, including providing segregated space if a person needs to be separated, and permissive language to help advocates find less restrictive settings. The ACLU supports providing a range of care and support options. However, facilities such as these need more specific guidelines to protect individuals and a more proactive role in ensuring that less restrictive settings are found.
HB 3118 Creating the Parents' Bill of Rights Oppose This bill sets out in broad terms that strict scrutiny will be applied to any law or regulation regarding education or the access of education. While the ACLU supports the rights of parents to be involved in education and to make choices for their children, the application of this law would undermine appropriate control of the education system.
HB 3121 Creating the Stop Our Scourge Act of 2023 Oppose This bill would classify fentanyl as a weapon of mass destruction. This is an escalation in the failed war on drugs.
HB 3127 Requiring state entities, local entities and law enforcement agencies to cooperate with the enforcement of immigration laws Oppose This bill requires local governments to comply with federal immigration laws, prohibits local policies regarding immigration enforcement, and creates a civil cause of action against local governments for failure to take immigration action. This undermines prosecutorial discretion, endangers crime victims who may not come forward if they or a family member is not documented, and creates a impetus for local governments to harass people who fit stereotypes of immigrants.
HB 3128 Requiring open captions in movie theaters within the State of West Virginia to accommodate the deaf and hard of hearing Support This bill would require cinemas of a sufficiently large size to offer a specified number of screenings with closed captioning. The ACLU supports accommodations for people with disabilities.
HB 3132 Increasing penalties for Corruption Oppose This bill increases the criminal penalties for certain corrupt practices. The ACLU opposes increasing criminal penalties.
HB 3137 Prohibiting Illegal Alien Human Smuggling Oppose This bill expands the definition of human trafficking to include transportation of undocumented persons. This bill will increase the likelihood of discrimination against people perceived to be immigrants.
HB 3139 To allow for modification of a family court order involving drugs in certain circumstances Support This bill requires that parenting plans that are modified for substance use disorder to be restored upon successful completion of a program. This incentives recovery and works to maintain family contact.
HB 3142 Provide that family court can order certain services Neutral This bill allows a family court judge to order parties to a proceeding to go through any program offered by DHHR. This may be used to create additional and unnecessary conditions, or it may be a way to provide supports and services as opposed to worse consequences and outcomes. The ACLU will monitor this legislation to better understand safeguards.
HB 3143 Allow for religious exemptions for getting vaccinations Oppose This bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
HB 3144 No vaccine mandate for schools Oppose This bill would remove all mandated vaccines for access to public education. Vaccines ensure that schools are safe for students who are medically fragile and who are immunocompromised. The ACLU opposes removing all requirements.
HB 3146 Establishing in West Virginia Code, the contents of the Uniform Public Meetings During Emergencies Act Support This bill establishes rules for open meetings during declared emergencies. The rules proposed provide transparency and notice rules that the ACLU support.
HB 3157 Relating to clarifying the duties, functions, prohibitions and restrictions applicable to the West Virginia Fusion Center Support This bill reforms the WV Fusion Center, it limits intelligence gathering, and provides more protections for information gathering. Fusion centers constitute a significant threat to privacy rights and government surveillance. The ACLU supports limiting the power of fusion center.
HB 3158 To make certain acts of panhandling and soliciting unlawful Oppose This bill would prohibit panhandling and require a license for certain types of solicitations. This is a violation of free speech.
HB 3160 Providing that records of Department of Health and Human Services of sustained and nonsustained allegations of child abuse or neglect are preserved Support This bill creates a tiered system for abuse and neglect cases and establishes a timeframe for keeping records based on that system. This creates a scaled approach, and a balance between creating a longitudinal record without over burdening a person with charges.
HB 3161 Relating to state recognition of Native American tribes Neutral This bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
HB 3176 Prohibit drag shows from being performed in front of minors and to prohibit people from dressing in drag when reading aloud during story time in schools Oppose This bill defines drag shows as adult-oriented businesses and prohibits them in certain venues. Drag shows are an art form and are not obscene. Laws like this amount to censorship.
HB 3181 Relating to when a warrant, capias for arrest is dismissed when charges are dismissed Support This bill states that if a person has an arrest warrant, and the underlying criminal charges are dismissed, than the arrest warrant will be dismissed too. This will reduce unnecessary arrests and incarceration.
HB 3182 Relating generally to mental health treatment Support This bill makes several changes to the involuntary commitment law. It allows law enforcement officers besides sheriffs to make arrests and transport individuals, it allows people to be held in mental health facilities, and it limits who can apply for commitment.
HB 3183 Child Protection Act Oppose This bill invokes religious rationale to prohibit gender affirming care. This denies youth life-saving medical care. It also is a violation of the principles of freedom from religion.
HB 3184 WV Medical Information Confidentiality and Anti-Discrimination Act Oppose This bill prohibits the government or any agency from obtaining medical status, including vaccination status, or coercing any medical care. The ACLU supports privacy and bodily autonomy, however this goes to far and would prohibit legitimate exceptions.
HB 3185 Transparency in Government Act Oppose This bill requires candidates for office to list political affiliation, even for non partisan offices and restricts family members from being the majority of an elected body. These provisions increase the partisanship of elections and restrict voter choice.
HB 3187 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 limits information that can be placed on social media around elections. The ACLU opposes restricting speech.
HB 3190 Amending the definition of "minor" Oppose This bill changes the definition of minor to include people who are purported to be underage. This holds people criminally liable for a state of mind rather than a criminal act.
HB 3199 Relating to removing the requirement that an ectopic pregnancy be reported Support This bill clarifies that ectopic pregnancies are not reported as abortions. This is protection for people who have non viable pregnancies.
HB 3207 To prohibiting the use of electronic tracking devices Support This bill creates a misdemeanor if a person plants a tracking device on a child who is the subject of an abuse and neglect investigation. While the ACLU typically opposes the creation of new crimes, this bill is narrow and is balanced against legitimate privacy interests.
HB 3208 Automatic CPS expungement if an individual is not found to have committed abuse and neglect by court order Support This bill provides an automatic expungement for people who have been cleared of child abuse and neglect charges. A person should not carry the stigma of a charge for which they were not convicted.
HB 3216 Funding EMS and School Resource Officers through marijuana tax Oppose This bill would divert money from the Medical Cannabis fund that currently goes to law enforcement to go to school security, including school resource officers. The ACLU opposes the use and expansion of the school resource officer program.
HB 3221 To extend the Hope Scholarship to Preschool Oppose This bill would expand the Hope Scholarship to preschools. The Hope Scholarship is a school voucher program which diverts state money into private and parochial schools. The ACLU opposes the use of state money to support religious organizations.
HB 3225 The Healthy and Safe Workplace Act Support This bill would address workplace harassment and bullying. It provides more protections for workers from bias and discrimination. The ACLU supports creating more equitable and welcoming workplaces.
HB 3247 Relating to abuse and or neglect of individuals with an intellectual and or developmental disability Support This bill sets up a system to better report and track abuse and neglect of disabled adults. The ACLU supports proactive measures to protect vulnerable populations.
HB 3252 Prohibiting banks and payment networks from tracking firearm-related data and outlining penalties Support This bill prohibits banks and financial institutions from refusing to process or to track firearms purchases. The ACLU believes people should not be subject to surveillance based on constitutionally-protected activity.
HB 3255 Relating to granting parolees driving permits Support This bill allowed parolees who have a suspended drivers licence for unpaid fees and fines to receive a permit. It also allows parties to vote. The ACLU supports both of these proposals.
HB 3257 Relating to infant and maternal mortality Support This bill requires perinatal centers to provide implicit bias training and requires better data tracking of maternal mortality. The purpose of the bill is to address significant disparities in maternal mortality. The ACLU supports taking proactive steps to address these disparities.
HB 3260 Genetic Information Privacy Act Support This bill requires DNA testing companies to provide clear information about how information will be shared, and ot require specific consent for it. The ACLU supports these privacy protections.
HB 3267 To allow elected officials to carry a concealed weapon if they have a valid concealed carry permit in government buildings Oppose This bill would allow legislators to carry firearms in the Capitol. Citizens have a right to petition their lawmakers, and knowing they are armed will child this basic right.
HB 3271 Relating to increasing monitoring of special education classrooms Oppose This bill would add audio monitoring to recently added video monitoring of segregated classrooms for special needs students. The ACLU opposes this monitoring because it subjects the students to enhanced surveillance and encourages the use of segregated education.
HB 3275 Relating to private prisons Oppose This bill would allow for private prisons to operate in West Virginia. The ACLU opposes private prisons.
HB 3276 Relating to requiring video cameras in certain special education classrooms Oppose This bill would expand the camera program to requires cameras in all classrooms that provide instruction to nonverbal students. The ACLU opposes the expansion of surveillance of students.
HB 3277 Establishing the Family and Medical Leave Insurance Benefits Act Support This bill would create a paid family leave. The ACLU supports paid family leave.
HB 3284 Relating to the use of unmanned aircraft systems by law enforcement Oppose This bill provides restrictions on the use of unmanned aircraft. While the bill does outline some privacy protections for individuals, a significant portion of the bill is dedicated to protecting corporate interests from private investigation, inspection, or journalism, by claiming the airspace above. The ACLU supports privacy protections, but also the freedom of the press.
HB 3287 Providing that records of Department of Health and Human Services of sustained and nonsustained allegations of child abuse or neglect are preserved Support This bill creates a tiered system for abuse and neglect cases and establishes a timeframe for keeping records based on that system. This creates a scaled approach, and a balance between creating a longitudinal record without over burdening a person with charges.
HB 3293 Relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia Support This bill requires schools to screen for, identify, and appropriately support students with dyslexia. The ACLU supports greater supports for students, particularly students with disabilities.
HB 3298 Prohibiting civil rights violations based on disability, gender identity or sexual orientation Support This bill adds disability, gender identity, and sexual orientation to classes protected from discrimination. The ACLU supports these protections.
HB 3302 To recognize unborn child as distinct victim in a DUI causing death Oppose This bill would treat an embryo as a person if there is pregnancy loss in a DUI. This perpetuates the legal fiction of fetal personhood.
HB 3306 Relating to the organizational structure of the Office of Drug Control Policy Neutral This bill puts the Office of Drug Control Policy outside the purview of DHHR. It also creates a task force on sober living homes. The ACLU will monitor this legislation for its impact on providing housing options for people.
HB 3316 To create a domestic violence registry Oppose This bill would create a registry for people who are convicted of domestic violence charges. The ACLU opposes registries.
HB 3320 Requiring the West Virginia Department of Corrections and Rehabilitation to provide an inmate with one physical copy of their birth certificate and social security card upon release Support This bill requires the Division of Corrections to provide people with a copy of their social security card and birth certificate upon release from incarceration. These documents are often necessary to help a person reenter society successfully and this will help ease that transition.
HB 3323 Relating to Drivers License Address Requirements Support This bill allows a person without a permanent address to obtain a driver's' licence. The current requirement serves as a barrier to people experiencing homelessness, and lack of a licence make make it harder to escape that situation.
HB 3326 Relating to Privacy of Social Care information Support This bill provides a scheme to ensure privacy between various governmental, and private entities to share information but still protect privacy more broadly. This can help to create a balance between sharing information to help individuals, while protecting the information from wider disclosure.
HB 3337 Prohibiting additional drug and alcohol treatment facilities and services in a certain county Oppose This bill would require substance abuse treatment centers to go thrive the certificate of need if there are already 150 treatment beds in the county. This limits treatment options.
HB 3338 Relating to sentencing for prohibited acts with a firearm Oppose This bill creates sentence enhancements for violation of various drug crimes while in possession of a firearm. The ACLU opposes sentence enhancements.
HB 3339 Protection of minors from harmful material on internet Oppose This bill requires certain websites offered adult content to develop and implement an age verification system. This imposes a censorship regime that may impact free speech.
HB 3346 Mental Hygiene Reform Act Neutral This bill would provide specialized mental health commissioners with expertise in various common causes for mental hygiene petitions. This may result in a more nuanced and appropriate assessment of individuals. However, it can also be used to streamline commitment. The ACLU will monitor this legislation.
HB 3353 Relating to the limitations on the financial relationships with foreign entities that have values antithetical to those of the State of West Virginia Oppose This bill would prohibit WV from entering into business relationships with corporations who also have business relationships or operations with certain foreign countries. This restriction is national origin discrimination. Additionally, these decisions should be guided by the federal government.
HB 3355 To criminalize joyriding of a bulldozer or heavy equipment Oppose This bill creates a new crime for the unauthorized use of heavy machinery. This could already be charged under other criminal statutes so this is an unnecessary new criminal law.
HB 3358 Exemption from marriage and license participation Oppose This bill would allow officials, including public officials, opt out of marriage ceremonies or licenses if they claim a religious or conscientious objection. This would allow public officials to deprive people of a fundamental right.
HB 3360 Creating an office of the Inspector General within the Department of Homeland Security Oppose This bill creates an Inspector General within Homeland Security to oversee operations and conduct investigations. The Inspector General is hired by, and reports to the Secretary of Homeland Security. This does not create reliable independent investigations.
HB 3361 Relating to the allocation of federal funds to county commissions and certain municipalities Support This bill would use a portion of federal ARPA money to benefit economically disadvantaged communities. The ACLU is supporting community partners in ensuring this money is being used to address structural and systemic disparities.
HB 3362 To make an attack on a K-9 officer a felony Oppose This bill would create sentence enhancements if a person assaults a police canine. The ACLU opposes sentence enhancements.
HB 3366 Creating the State Property Protection Act Oppose This bill creates significantly enhanced penalties for trespass and vandalism. This bill is designed to target unhoused and is a way to further criminalize poverty.
HB 3369 Creating a School Safety Unit within the Division of Protective Services Oppose This bill gives the Division of Protective Services a new charge of protecting school safety. Notably officers are given full law enforcement powers. The ACLU opposes the expansion of surveillance and law enforcement into schools.
HB 3375 Relating to addressing School Discipline in Public Schools Support This bill requires public access and legislative reporting to the state discipline plan. The ACLU supports transparency, however advocates for more robust action in addressing discipline issues in the schools.
HB 3378 Preserving and protecting the right to keep and bear arms Oppose This bill attempts to invalidate federal rules and regulations on firearms. This is a violation of the supremacy clause.
HB 3379 Providing DMV with certain medical information related to mental or physical disabilities as it relates to the ability of a person to drive safely Oppose This bill requires any medical provider with knowledge of certain medical conditions to provide that information to the DMV. This is overly broad and will result in unnecessary sharing of medical records. Additionally there are not enough safeguards of medical information once it is shared.
HB 3381 Make it a felony to kill a canine officer Oppose This bill would make it a felony to kill or assault a law enforcement animal. The ACLU opposes creating new crimes.
HB 3383 Youth Mental Health Protection Act Support This bill would prohibit the harmful practice of "conversion therapy" on minors. This practice has been rejected by nearly every medical organization as harmful to LGBTQ people, and the government has a legitimate interest in prohibiting it.
HB 3393 Prohibiting the delivery of unsolicited absentee ballot applications to any person who has not specifically requested one from the county clerk Oppose This bill prohibits distributing absentee ballot applications without the request of the voter. This makes it more difficult to encourage voter participation, and could be problematic in an emergency situation.
HB 3399 Increasing the tax credit for employers providing child care for employees Support This bill increases the tax credit for employers who offer child care services. Lack of child care can be a barrier that perpetuates systemic inequities and the ACLU supports efforts to lessen that barrier.
HB 3400 Firearm Industry Nondiscrimination Act 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 3401 Relating to negligent homicide Oppose This bill adds simple negligence to statute covering reckless driving resulting in death. It also expands the harm to include pregnancy loss. These expansions will result in unnecessary incarceration.
HB 3403 Providing a tax credit for employers with childcare facilities Support This bill creates a tax credit for employers that offer child care centers. Lack of child care can be a barrier that perpetuates systemic inequities and the ACLU supports efforts to lessen that barrier.
HB 3411 To create an initiative to provide minorities and males with an incentive to join the public education field Support This bill creates a fund and framework to encourage underrepresented groups to enter the education field. The ACLU supports finding ways to address systemic disparities.
HB 3414 Limiting recovery on claims for abuse in the State's school system Oppose This bill would limit the amount of damages that could be awarded if someone sues the schools. This prevents equitable results and reduces the disincentive to prevent harm.
HB 3415 Maternal Health and Family Support Act Support This bill creates training and support and services to help pregnant and postpartum people. The ACLU supports this as a way to address systemic disparities.
HB 3419 Relating to wages of persons with disabilities Support This bill creates a competitive wage scheme for people with disabilities. It helps to strike a balance between ensuring they can get hired, but also get fairly compensated.
HB 3436 Restricting foreign ownership of land and other interests in the State of West Virginia Oppose This bill discriminates against foreign firms on the basis of national origin.
HB 3445 Relating generally to probation and parole Support This bill provides good time credits to people on community supervision. This is a way to incentive reentry and reduce the collateral consequences of incarceration.
HB 3448 Relating generally to probation officer field training Support This bill would provide standardized training for probation officers. Providing more training and standardized training may help to prevent unnecessary harms.
HB 3449 Allowing recordings of closed meetings, and release in certain circumstances Support This bill would allow some closed meetings to be recorded. They would remain confidential unless a majority chose to make the recording public. This allows more transparency.
HB 3453 Consumer Data Protection Act Support This bill sets guidelines for use of consumer information. It requires public policies, and provides that consumers can request to see their data, remove their data, or opt out of third party sharing without loss of service. The ACLU supports protecting consumer data.
HB 3454 Modifying the criminal penalties for overtaking or passing a stopped school bus Support This bill limits the ability to incarcerate a person who passed a school bus to situations where a law enforcement officer actually saw the driver of the vehicle. The helps to prevent situations where a person who as not operating the vehicle could face incarceration for someone else.
HB 3457 Provide voters with the ability to identify and verify their ballot cast in a statewide election Support This bill would provide voters with a unique identifying number to be able to review ballots and ensure their ballot had been cast and counted.
HB 3458 To create the Behavioral Health Reform and Innovation Council Support This bill would create a council to assess mental and behavioral health services and needs in the State. The ACLU supports ensuring better access and services that provide medical care, and can prevent incarceration and be an alternative to incarceration.
HB 3461 Relating to funding programs that supply feminine products and programs in the state Support This bill would create a fund to provide funding to for menstrual products in various state institutions. The ACLU supports ensuring everyone has access to menstrual products.
HB 3462 Relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia Support This bill requires schools to screen for, identify, and appropriately support students with dyslexia. The ACLU supports greater supports for students, particularly students with disabilities.
HB 3463 To study ADA accessibility of the State Capitol Support This bill would require a study of disability access to the WV Capitol. Lack of access means people with disabilities have less ability than others to speak with their representatives. Reviewing this is a good step towards more equity.
HB 3472 Returning a woman's right to choose Support This bill would remove abortion restrictions. The ACLU supports reproductive rights.
HB 3477 WV Emergency and Crisis Response Act Oppose This bill restricts the Governor's power during declared emergencies. While the ACLU has and maintains reservations about the use of emergency powers, this bill is too restrictive and does not allow appropriate and necessary flexibility.
HB 3479 Creating requirements for use of unmanned aircraft Oppose This bill restricts the usage of drones of certain industrial cities and could be used to limit transparency and journalism.
HB 3480 Enact the West Virginia Consumer Financial Privacy Act of 2023 Amendments Needed This bill creates some consumer privacy protections and requires opt-in for sharing consumer information. However the bill's definitions are too broad and protections against lawsuits are too broad.
HB 3483 Approve the creation of the West Virginia First Foundation Neutral This bill formally adopts the memorandum of understanding as part of the opiate settlement. The ACLU is monitoring this settlement and will participate in ensuring money is used in appropriate ways, and not to expand incarceration.
HB 3491 To increase criminal penalty for shooting at or killing a uniformed police officer Oppose This bill would create a sentence of life without mercy for intentionally killing a police officer while on duty. The ACLU opposes increasing criminal penalties.
HB 3493 Relating to prohibiting certain foreign ownership of agricultural land Oppose This bill would prohibit China or certain Chinese entities from owning agricultural land. This is national origin discrimination.
HB 3495 To modify certain election laws, early voting laws, and absentee voting laws Amendments Needed These bill makes minor changes to several provisions of the absentee voting law. Some changes, such as allowing ballot applications to be received up to midnight on the day of the deadline, the ACLU supports. Other language, such as increasing criminal penalties, the ACLU opposes.
HB 3496 To create the Responsible Fatherhood Act Amendments Needed This bill would create public-private partnerships to help fathers. A problematic provisions allows state funds to go to religious organizations, which the ACLU oppose.
HR 3497 To prohibit rank choice voting in West Virginia Oppose This bill prohibits the use of ranked choice voting. Ranked choice voting is not currently used in any election and would have to be created by law. The ACLU supports models of voting that can better reflect voter preferences.
HR 3498 Relating to the Consumer Data Protection Act and establishing a framework for controlling and processing personal data in the State Support This bill provides a framework for protecting consumer data in corporations. It require transparent policies, allows consumers to review data, and opt out of data sharing. The ACLU supports providing greater consumer data protections.
HB 3502 Bifurcating the ethics commission Neutral This bill would create a separate Legislative Ethics Commission to review and address potential ethics violations by legislators. The ACLU will continue to review and monitor this legislation for appropriate transparency, due process, and independence.
HB 3503 Relating to nondiscrimination at institutions of higher education Oppose This bill would prohibit a wide array of diversity, equity, and inclusion policies, in state universities. The ACLU opposes prohibiting attempts to address disparities. The ACLU also opposes the restrictions on speech.
HB 3506 Relating to infant and maternal mortality Support This bill aims to address maternal mortality through trainings and data collection. The ACLU supports taking proactive steps to address disparities.
HB 3507 Mental Health and Substance Use Disorders Insurance Coverage Protection Act Support This bill requires all new insurance plans to cover mental health and substance abuse treatment issues. The ACLU support expanding access to these services.
HB 3531 Relating to issuance of restricted license Support This bill removes a provision to revoke a license for failure to pay child support and allows for a limited driver's license upon payment of a fee. By providing provisional licenses people have the opportunity to earn money to provide earnings.
HB 3535 Prohibiting the transportation and incarceration of political prisoners in West Virginia Oppose This bill would prohibit the federal government to incarcerate or transport in or through WV any person who was arrested as part of the January 6th riots. This is a violation of the Supremacy Clause.
HB 3537 Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions Oppose This bill bypasses the normal judicial process for certain legal issues. This limits judicial independence and despite the bills stated intent, could create more judicial backlogs.
HB 3545 Expiring funds to the Treasurer's Office - American Rescue Plan Low-income Assistance Program Amendments Needed This bill would allocate $300 million of ARPA funds into low income community development programs to address systemic inequity. However more control needs to go to ensure efficient and transparent use of the money.
HB 3551 Provide for criminal history record restrictions for certain persons Support This bill provides a limited situation in which criminal records can be be restricted. The ACLU supports efforts to reduce the collateral consequences of incarceration.
HB 3561 Relating generally to creating the Joint Legislative Committee on Civic Life Oppose This bill would create an "Institute" on civil life that would allocate state funds to nonprofits. Priority would be given to organizations that promote "traditional cultural values". This is thinly veiled code for organizations that promote a particular political viewpoint. Consequently, this amounts to a form of viewpoint discrimination.
HB 3562 Relating to the West Virginia Fusion Center Support This bill limits the powers of the West Virginia Fusion Center and provides independent reporting and oversight. The ACLU has significant concerns about the expansion of Fusion Centers, and support these reforms.
HJR 4 Amend the state Constitution to give the people the powers of initiative, referendum and recall Oppose This proposed Constitutional amendment would give West Virginia citizens the power to hold a referendum on passed legislation and to recall elected officials. With proper safeguards, the ACLU supports to expansion of direct democracy. However, as currently written, this would create a chilling effect for legislators whereby a relatively small group of voters could create upheaval, confusion, and cost.
HJR 5 Allowing an elected state official to be a government employee or employee of a public school, college, or university Support This bill allows for state employees to seek an ethics waiver to hold elected office. The ACLU believes that many people in public service can bring valuable insight to the legislative body without a conflict of interest.
HJR 11 Initiative, Referendum and Recall Amendments Needed This proposed Constitutional amendment would give West Virginia citizens the power to hold a referendum on passed legislation and to recall elected officials. With proper safeguards, the ACLU supports to expansion of direct democracy. However, as currently written, this would create a chilling effect for legislators whereby a relatively small group of voters could create upheaval, confusion, and cost.
HJR 19 Providing Term Limits for certain Constitutional Officers Oppose This bill creates term limits for Constitutional Officers. The ACLU opposes term limits.
HJR 21 Amending Constitution to allow for possession, manufacture and sale of cannabis Support This proposed constitutional amendment would legalize cannabis.
HJR 22 To allow certain state employees the eligibility to a seat in the legislature Support This proposed constitutional amendment would allow certain state employees to hold elected office. The ACLU supports allowing more people to get involved in the democratic process.
HJR 25 Relating to the right to refuse any medical treatment, injection, device, vaccine or prophylactic Oppose This proposed constitutional amendment would prohibit the state from requiring vaccinations or any other medical treatment. The ACLU believes vaccines mandates may be an appropriate exercise of state power in certain situations.
HR 1 Adoption of the House Rules Amendments Needed This resolution contains the Rules for the House of Delegates. Notably, the rules have been changed to limit each member to speaking only once during debate. This limits the opportunity for robust debate, particularly by restricting the opportunity for rebuttal.
HR 14 Disband the FBI and other politicized intelligence and law enforcement agencies. Neutral This bill calls for disbanding the FBI and ATF. While the ACLU is not opposed to disbanding law enforcement agencies, we do not support the rationale provided.
HR 15 Proclaiming that the State of West Virginia supports admitting Washington, D.C. into the Union as a state of the United States of America Support This resolution would show support for DC statehood. The ACLU supports DC statehood.
HR 37 Proposing to Congress that a convention of states be called Oppose This resolution urges congress to call a convention of the states. The ACLU opposes using a convention of the states to amend the Constitution.
SB 3 Requiring parental notification of school-based dispensaries of contraceptives to minors Oppose This bill requires schools to notify parents if they provide any contraceptive medication or device to a student. This is both a violation of student privacy and will reduce the use of contraceptives.
SB 5 Requiring parental notification of minors being prescribed contraceptives Oppose This bill requires parental notification for any prescribed contraception. This is both a violation of patient privacy and will reduce the use of contraceptives.
SB 8 Clarifying that tenancy includes persons who reside in sober living home Neutral 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. However, the ACLU remains concerned about the use of this bill as written to interfere with best-practices in these facilities, and will push for a more appropriate balance.
SB 9 WV Monument and Memorial Protection Act of 2023 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 11 Prohibiting excessive government limitations on exercise of 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.
SB 16 Local Government Labor and Consumer Marketing Regulatory Limitation Act Oppose This bill would prohibit certain employee and consumer protections by local jurisdictions. Notably, the bill would prohibit local jurisdictions from limiting the use of criminal history. The ACLU supports "Ban the box" and similar legislation and would oppose attempts to prohibit its use.
SB 21 Requiring certain documents that contain wage records be considered confidential Oppose This bill would state that certain wage and compensation information submitted to the state by private contractors cannot be disclosed publicly. This robs the public of important information in understanding the business practices of state contractors.
SB 22 Local Government Labor and Consumer Marketing Regulatory Limitation Act Oppose This bill would prohibit certain employee and consumer protections by local jurisdictions. Notably, the bill would prohibit local jurisdictions from limiting the use of criminal history. The ACLU supports "Ban the box" and similar legislation and would oppose attempts to prohibit its use.
SB 23 Fetal Heartbeat Act Oppose This bill prohibits abortion after the detection of fetal cardiac activity. Although a similar law has already passed, the ACLU stands opposed to restrictions on abortion.
SB 24 Relating to long-term care and substance abuse treatment Support This bill calls for the creation of a new long-term substance abuse facility. The ACLU supports the expansion of treatment options.
SB 30 Transferring child welfare enforcement responsibilities to WV 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 33 Prohibiting certain divisive acts or 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.
SB 38 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 41 Establishing minimum student enrollment for school aid formula Support This bill creates a minimum for support for schools. This is an important step in providing a thorough and efficient education as required by the WV Constitution.
SB 44 Requiring certain municipalities pay for incarceration of inmates Support This bill requires municipalities to pay the costs for incarceration. This helps to disincentivize law enforcement and judicial officials from using incarceration for low-level offenses.
SB 49 Establishing criminal offense for being under influence of controlled substance unless specifically prescribed Oppose This bill makes it a crime to consume or be under the influence of a controlled substance without a prescription. This law would allow law enforcement to conduct highly invasive searches of people on minimal evidence.
SB 53 Relating to DNA data maintained for law enforcement purposes Oppose This bill expands from whom DNA can be collected and stored. The ACLU believes that restrictions on the use of biometric information need to be tighter, not looser.
SB 55 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 57 Requiring political action committee to disclose contributors' names and addresses to Secretary of State Oppose This bill requires contributors to political action committees to disclose the names and addresses of individual donors. This conflicts with the freedom of association and the right to anonymous speech.
SB 63 Relating to wages and salary under Parental Leave Act Support This bill creates paid family leave for state employees who have worked more than 1 year, and unpaid family leave for state employees who have worked less than 1 year. The ACLU supports paid family leave.
SB 67 Requiring DHHR file petition to terminate parental rights under certain circumstances Oppose This bill requires DHHR to file for the termination of parental rights where there are two instances of abuse or neglect. These decisions should be made on a case by case basis.
SB 68 Relating to use of force, including deadly 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 69 Patrolman Cassie Johnson Memorial Act Oppose This bill establishes the death penalty in West Virginia. The ACLU opposes the death penalty.
SB 70 Permitting special registration plates for persons with medical conditions that cause erratic behavior Oppose This bill establishes license plates that give notice that an individual a condition that may cause erratic behavior. The ACLU believes people with disabilities should not have to publicly advertise their conditions in order to receive fair and equitable treatment.
SB 72 Modifying definition of sexual contact Support This bill removes an exception to the sexual assault statute for spouses. The ACLU believes even in marriages consent must be given for sexual contact.
SB 74 Providing for substantial deference to State Superintendent's interpretations of school laws Neutral This bill requires local school boards and the Employee Grievance Board to give deference to statutory interpretations of the State Superintendent. The ACLU will monitor this legislation to ensure that a proper balance in statutory interpretation, uniformity of laws, and freedom of political interference is achieved.
SB 83 Authorizing tactical medical professionals to carry firearms 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 88 Permitting medical marijuana be prescribed in edible form Support This bill allows medical cannabis to be dispensed in edible form. The ACLU supports reducing the criminalization of cannabis.
SB 90 Amending penalty of simple possession of marijuana from misdemeanor crime to civil violation Support This bill decriminalizes simple possession of cannabis, with a maximum fine of $25. The ACLU supports any legislation that moves towards the end of the War on Drugs.
SB 92 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 93 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 99 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 103 Prohibiting certain funding and attendance of minors to drag shows Oppose This bill prohibits taking children to drag shows. Drag shows are an art form that are not inherently obscene, and cannot be regulated in the manner prescribed by this legislation. Furthermore, the language is overly-broad and could be applied to performances outside of drag shows.
SB 108 Requiring certain probationers to participate in work release program and spend six months in work release center 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 112 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 114 Prohibiting abortion coverage in certain qualified health care plans Oppose This bill prohibits insurers from covering abortion care. The ACLU opposes any restrictions in access to abortion, but as abortion in WV is effectively limited to emergency services, this prohibition would prevent people from getting care for medical emergencies.
SB 115 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 116 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 120 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.
SB 121 Creating Student Journalist Press Freedom Protection 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 123 Creating enhanced penalties for fleeing officer Oppose This bill adds sentence enhancements for second offenses of fleeing from an officer. The ACLU opposes sentence enhancements.
SB 124 Authorizing child sexual abuse and sexual violence prevention program and in-service training in child sexual abuse prevention Support This bill provides for age appropriate instruction in recognizing and preventing sexual abuse, and provides an opt out. The ACLU supports providing more information to help with prevention and early detection of abuse.
SB 125 Safeguarding concealed carry permit holder's information Support This bill prohibits public disclosure of concealed carry permit holders, and requires single-entry queries in the case of a law-enforcement investigation. The ACLU supports these privacy protections.
SB 126 Reorganizing DHHR Neutral This bill reorganizes DHHR. The ACLU is neutral on reorganizing or breaking up DHHR. However, we will monitor all legislation related to this to ensure there is no interruption or loss of quality in essential human services, and to ensure that this follows a thoughtful and transparent process.
SB 128 Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness Amendments Needed This bill modifies the emergency powers act by requiring more specific findings for certain emergency declarations and actions, requiring legislative notice and approval for prolonged emergencies, and reiterating that emergency orders cannot circumvent constitutional rights. The ACLU supports the protection of rights, and the expansion of a transparent democratic process. As amended the bill removes any over houses of worship. While interference with religious practices should be extremely limited, religious institutions should also not receive preferential treatment.
SB 129 Limiting gubernatorial authority to spend certain federal funds without appropriation of Legislature Support This bill reduces the amount of federal money the Governor can spend without legislative approval. The Legislature is the proper body for making and approving expenditures.
SB 130 Anti-Racism Act of 2023 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 135 Relating to Uniform Controlled Substances Act Oppose This bill creates a criminal penalty for not contacting emergency services if someone is having a drug-related emergency. The ACLU opposes the creation of new crimes.
SB 137 Clarifying offenses 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 139 Requiring each county BOE to ensure all its meetings are open to public through in-person attendance and broadcast live on its website Amendments Needed This bill expands the transparency for county board of education meetings. The ACLU supports the expanded transparency, however, the state must allocate funds to ensure boards have the staff and technological infrastructure to comply with these requirements.
SB 144 Regulating schools for students with disabilities Support This bill creates a licensure and regulation process for private schools specifically designed for students with disabilities. While the ACLU opposes segregating students with disabilities from the general populace, if a student chooses to attend a private institution specializing in disabilities, the ACLU supports ensuring some minimum standards of support are present.
SB 147 Creating pilot program for recovery residences in Cabell County Support This bill strikes to find a balance between the rights of residents in recovery housing, while ensuring that the housing can provide adequate, evidence based services. This bill works as a pilot in Cabell County. The ACLU supports the balance drawn in this legislation and the pragmatic approach of applying it to one county first.
SB 149 Exempting certain organizations from property taxation Oppose This bill expands the exemption on property taxes on churches to parochial schools and other non-profit entities on church property. This treats religious institutions different than other institutions.
SB 152 Moving state primaries to August Neutral This bill would place the state primary elections in August. The ACLU will monitor the progress and intent of this legislation for impact on democratic participation.
SB 153 WV Chemical Abortion Prohibition Act Oppose This bill makes it a crime to provide a medical abortion without an in-person physical examination. It also provides liability to companies if their product is found in wastewater. This is a restriction on abortion access, and the ACLU opposes such restrictions.
SB 156 Relating to modernization of procedures for voting in public elections Support This bill removes signature matching to validate ballots, enables no-excuse absentee voting and allows absentee ballots to be placed in drop boxes. The ACLU supports these measure to improve access to voting.
SB 158 Prohibiting person under age of 18 from entering into marriage Oppose This bill prohibits marriage under 18. The ACLU believes the right to marry is a fundamental right, and any attempt to restrict it must be very narrow and based on specific circumstances.
SB 163 Relating to absentee voting Support This bill provides for no-excuse absentee voting. The ACLU supports this measure to increase access to voting.
SB 167 Legalizing cannabis production, sales, and adult consumption Support This bill would legalize and regulate cannabis. The ACLU supports ending cannabis prohibition.
SB 169 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 170 Increasing transparency in apportionment process for congressional and legislative districts Support This bill requires legislative redistricting go through a series of public hearing around the state, and provide better notice about the maps that are going to be used. The ACLU supports a more transparent, less partisan process for drawing legislative districts.
SB 172 Increasing number of members on WV Parole Board Support This bill increases the number of people on the Parole Board. It also requires that some members have degrees in various fields such as sociology and psychology. These changes will address the backlog and bias against potential parolees to reduce incarceration.
SB 175 Requiring medical insurance providers to include infertility services in their policies Support This bill requires insurers to provide infertility services. Access to these services is as vital to reproductive health as is access to abortion.
SB 178 Adding grievance and appellate procedures for individuals participating in DMV safety and treatment program Support This bill creates an appeal and grievance process for people going through the DMV safety and treatment program. This provides additional due process protections for people who have lost the privilege to drive.
SB 181 Creating Closed Captioning Act Support This bill requires TV broadcasters to have a closed captioning option. The ACLU supports this as expanding services for people with hearing disabilities.
SB 182 Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers Oppose This bill would prohibit West Virginia and local governments from doing business with any corporate entity that takes part in a boycott of energy companies. This is a prohibition on protected political expression.
SB 183 Creating Natural Resources Anti-Commandeering Act Oppose This bill would prevent WV law enforcement from enforcing, or assisting in the enforcement of any federal law related to natural resources. This is a clear violation of the supremacy clause.
SB 184 Declaring sale and manufacture of firearms essential business during declared emergency Oppose This bill seeks to prevent any additional regulation on gun owners, distributors, or manufacturers during any declared emergency, riot, or insurrection. While the ACLU recognizes that emergency orders must be narrowly tailored and should not infringe of constitutional freedoms, this prohibitions in this legislation are too broad.
SB 186 Repealing WV Workplace Freedom Act Support This bill repeals legislation that makes it harder for labor organizations to collect resources and use them for advocacy. The ACLU supports this attempt to expand speech and association rights.
SB 195 Creating Ready-to-Use Glucagon Rescue Therapies for Schools Act Support This bill creates law to ensure that schools have the proper resources and training to handle certain diabetic emergencies. The ACLU supports proactive steps to protect people with different medical conditions.
SB 196 Creating Substance Abuse Intervention Act Oppose This law allows extended involuntary commitment for substance abuse. It also expands the criteria to cover a reasonable suspicion that someone will become a risk to themselves or others.
SB 197 Creating Paid Parental Leave Pilot Program Support This bill creates a paid parental leave program. The ACLU supports paid leave programs.
SB 203 Modifying minimum requirements for motor vehicle alcohol and drug test and lock systems Support This bill modifies the the vehicle lock program, it removes a minimum use requirement and allows people to reinstate it.
SB 208 Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disorders Support This bill modifies a section on law enforcement training for autism disorder to require the training every three years. The ACLU supports more training as one element of police reform.
SB 211 Relating to permanent windshield placard to be valid for duration of applicant's life Support This bill allows for permanent disability placards in some instances. This removes a barrier for people with disabilities to continue to be recertified.
SB 216 Requiring all schools to instruct students on Holocaust and other genocides Support This bill requires all schools to provide instruction on the Holocaust and other genocides. The ACLU supports ensuring that people are informed about the history and legacy of bigotry.
SB 223 Permitting Legislature to file suit in limited circumstances against Executive branch to faithfully execute laws passed Support This bill allows the legislature to sue the executive branch when the executive is not implementing a duly enacted law. The Constitution gives the executive discretion in how laws are implemented, but when a law is blatantly disregarded, this provides a remedy.
SB 224 Establishing revocation of authority for spending by agency in support of challenge to WV law Oppose This bill prohibits political subdivisions and state agencies from using their budget to challenge a law. Agencies and subdivisions have insight and interests that can and should be considered by the legislature.
SB 225   Oppose This bill adds Kratom to schedule I of the list of controlled substances. The ACLU opposes criminalizing substances as a means of regulation and control.
SB 228 Mandating extended supervision for persons convicted of stalking and related felonious acts Oppose This bill requires between 10-50 years of extended supervision for a person convicted of a stalking offense. Prolonged supervision risks reinvolvement in the legal system for minor and technical violations, while creating additional obstacles to everything from housing to employment, to familial life.
SB 232 Creating study group to make recommendations regarding diversion of persons with disabilities from criminal justice system Support This bill creates a task force to make recommendations for adults and kids with disabilities to be diverted from the legal system into other support systems. The bill recognizes the over-representation of people with disabilities in the legal system.
SB 234 Clarifying uniform statewide deadline for electronically submitted voter registration applications Support This bill clarifies that electronic voter registration can be received until midnight on the deadline. This expands, marginally, the window for voter registration.
SB 235 Relating to voting rights of formerly incarcerated individuals Support This bill grants voting rights to people on probation and parole. The ACLU believes voting is a fundamental right.
SB 239 Requiring Commissioner of Human Services to engage certain providers and leaders to study homeless demographic Amendments Needed This bill requires a study on homelessness. In general, the ACLU would support efforts to study and address an issue like unhoused people. However, this bill emphasizes studying stigmatizing factors such as relocation of other states, disease status, and policies that may attract unhoused people. The ACLU will support studies to better understand the drivers of homelessness or to serve the needs of unhoused people.
SB 242 Relating to residential substance use disorder service programs Oppose This bill creates a licensing and appeals process for addiction recovery residences. The requirements are strict enough to become barriers to licensure of programs and subsequently barriers on housing on the basis of disability status.
SB 243 Requiring substance use disorder inpatient providers to provide transportation to patients Oppose This bill requires substance abuse providers to transport eligible patients out of state upon completion of their program and limits Medicaid eligibility on the basis of previous residency. WV should not be limiting help on the basis of a person's previous residence. The burden of providing transportation is a significant barrier for providers offering a vital service for our communities.
SB 251 Displaying official motto of United States in public schools and institutions of higher education Oppose This bill seeks to force every public school to display the motto "In God We Trust". While the national motto has been upheld as Constitutional, as a matter of public policy, it still shows endorsement for a specific religious viewpoint.
SB 252 Prohibiting obscene materials in or within 2,500 feet of WV schools Oppose This bill redefines obscene material to include any inclusion of transgender individuals, among other expansions of the definition. It then creates an unnecessary and unconstitutionally broad buffer around any school property for a blanket prohibition against obscene material. There are numerous legal problems with this proposed legislation, not least of which is the abhorrent idea that a person could be deemed obscene on the mere basis of their identity.
SB 253 Criminalizing engaging in adult cabaret performance where it may be viewed by minor Oppose This bill creates a definition of "adult cabaret" performance and profits such performances where they can be viewed by minors. The definition is overly broad and encompasses protected expressive activity. The bill is otherwise redundant.
SB 255 Prohibiting discrimination against patients for declining or delaying vaccines Oppose This bill restricts healthcare providers from treating unvaccinated patients different than others and restricts providers from encouraging vaccines. This is an overbroad restriction on free speech and interferes with a provider's ability to protect other patients.
SB 261 Eliminating suspension of driver's license for failure to pay court fines and costs Support This bill ends the practices of suspending a driver's' license for unpaid fines and fees. The ACLU supports ending this practice as it often leaves people less able to earn money and criminalizes poverty.
SB 274 Third Grade Success Act Support This bill provides a system of supports and support staff to help ensure by the end of grade 3 all students have achieved literacy. It makes special accommodations for students with disabilities. The ACLU supports providing more supports and services in schools, particularly for at-risk youth.
SB 277 WV Native American Tribes Unique Recognition, Authentication, and Listing Act Neutral This bill creates a process to authenticate Indigenous groups in West Virginia and sets the benefits of state recognition. The ACLU supports indigenous rights and will monitor this legislation.
SB 278 Protecting minors from exposure to indecent displays of sexually explicit nature Oppose This bill expands the definition of obscene material to include, among other things, transgender people. It also increases penalties for exposure to obscene material. The ACLU strongly opposes both of these provisions.
SB 279 Increasing protection for minor victims of human trafficking Oppose This bill removes the presumption that minors in sex work are victims. The ACLU opposes this.
SB 282 Creating WV Guardian Program Oppose This bill allows veterans to provide armed security for schools. The ACLU opposes the militarization of schools and the use of private school security.
SB 288 Relating to Sexual Assault Examination Network Oppose This bill establishes procedures to collect evidence from a person who gets an abortion under the exceptions for rape and incest. Forcing a person to have to undergo these examinations is another barrier to abortion.
SB 289 Establishing Minority Health Advisory Team Support The bill creates a team to provide advice on improving health and social determinants of health to minority communities that continue to experience health disparities. The ACLU supports proactive efforts to reduce racial disparities.
SB 291 Eliminating restriction to carry firearm on State Capitol Complex grounds Oppose This bill allows for concealed carry in the Capitol. The presence of firearms can provide a chilling effect on people's ability to engage in protected political speech.
SB 292 Health Care Sharing Ministries Freedom to Share Act Oppose HCSMs are a form of health coverage in which members - who are typically recruited because they share religious beliefs - contribute monthly payments to cover the qualified expenses of other members. Health shares do not have to comply with the consumer protections of the Affordable Care Act, provide limited benefits for their members, and do not guarantee payment for medical claims. HCSMs jeopardize health people through deceptive marketing practices and systemic failure to provide necessary products and services. By exempting them from state law, too, HCSMs in WV would be virtually unregulated and unaccountable.
SB 296 Uniform Public Meetings During Emergencies Act Support This bill lays out uniform rules and procedures for virtual meetings of public bodies during declared emergencies where in-person meetings are prohibited or not practical. The law lays out recording votes and ensuring public access and participation. The ACLU supports ensuring that this transparency and public participation is protected.
SB 299 Creating new misdemeanor offense of unlawful entry, occupation or retention of real property Oppose This bill creates an offense of unlawful entry. The aim of the bill is clearly meant and people who are experiencing homelessness. The ACLU opposes criminalizing poverty.
SB 301 Relating to Community Crime Prevention Act Oppose This bill requires all new driver's license applicants to be cross checked against the National Crime Information Center. The NCIC is a flawed database that has a high error rate.
SB 304 Increasing criminal penalty for fentanyl Oppose The bill removes the intent element in fentanyl crimes and increases penalties. The ACLU opposes increasing criminal penalties.
SB 422 Requiring public schools to publish curriculum online at beginning of each new school year Support This bill modifies laws allowing parents to inspect curriculum by requiring the curriculum to be posted on the school or county board of education website, or to be updated within 30 days of any change. The bill allows parents to request to inspect additional instructional material. This bill creates a reasonable balance between providing transparency and allowing teachers and schools to do their jobs, and adapt curriculum as necessary.
SB 433 Establishing requirements for state board and local education agency to screen for dyslexia Support This bill requires schools to screen for, identify, and appropriately support students with dyslexia. The ACLU supports greater supports for students, particularly students with disabilities.
SB 434 School Safety Act Oppose This bill authorizes teachers to carry firearms. The ACLU opposes this as unlikely to protect students while likely to create more tragedy.
SB 459 Clarifying residency requirements for voter registration Oppose This bill would reduce the types of IDs that a voter could use to vote. The ACLU opposes the voter ID law and opposes narrowing the list of acceptable ID's.
SB 466 Prohibiting financial institutions from discriminating against firearms businesses Support This bill prohibits financial institutions from refusing to do business with firearms industries due to ideological differences. This is a restriction on the freedom of conscious.
SB 472 Creating criminal offense of indecent exposure in front of minors Oppose This bill enhances the penalty for indecent exposure if it is in front of a minor. The ACLU opposes sentence enhancements.
SB 479 Expanding certain insurance coverages for pregnant women Support This bill requires Medicaid to cover doula services. The ACLU supports expanding reproductive options.
SB 484 Clarifying terms and offense of human smuggling Oppose This bill creates a crime of human smuggling which involves the commercial transportation of non-citizens. The ACLU opposes the creation of new crimes when behavior can be addressed under existing code.
SB 489 Requiring BOE provide free feminine hygiene products in grades six through 12 Amendments Needed This bill requires schools to provide menstrual products to "female" students in grades six through twelve. The ACLU supports providing menstrual products but would like to see more inclusive language and the availability of products for students who may be menstrating prior to grade six.
SB 490 Patrol Officer Cassie Marie Johnson Memorial Act Oppose This bill creates a crime of intentionally obstructing various public officials that results in the death of a public official. The penalty is 15 years. The ACLU opposes the creation of new crimes an excessive sentences.
SB 495 Providing correctional institutions and juvenile facilities video and audio records be confidential Support This bill corrects a law passed in 2022 that excessively limited the transparency of certain records. This bill provides a more appropriate degree of transparency while protecting the privacy of individuals who may be identified by such records.
SB 509 Requiring that free feminine hygiene products be provided to female prisoners Amendments Needed This bill requires correctional facilities to provide menstrual products to female inmates. The ACLU supports providing menstrual products but recognizes that some people who are not recognized as female also menstruate.
SB 517 Medical Ethics Defense Act Oppose This bill would prohibit employers from taking corrective action against medical practitioners who refuse to provide any medical service because of a religious or moral objection. This law would allow people to discriminate against patients for any number of reasons.
SB 524 Relating to family planning services Amendments Needed This bill increases access to a number of reproductive healthcare options by requiring local health departments to offer contraception, lowering the age to access contraception, and requiring insurances to cover certain sterilization procedures. However, the bill becomes coercive by only requiring coverage of sterilization and not reversals.
SB 532 Creating new crime of soliciting minor Oppose This bill creates a new felony of soliciting a minor. The definition is overly broad and incorporates acts covered by existing law.
SB 535 Creating religious and philosophical exemptions for school attendance vaccines Oppose This bill would provide broad use of religious objections to vaccines in public employment, schools, and higher education institutions. The ACLU supports religious freedom, and recognizes that in some instances religious objections can outweigh the basis for vaccine mandates. However, this language is too broad and does not allow a proper balance.
SB 537 Eliminating marital exception to criminal prosecution of sexual assault offenses Support This bill clarifies that marriage is not a defense to charges of sexual assault. The ACLU agrees that marriage does not mean sacrificing bodily autonomy.
SB 540 Creating misdemeanor offense of willfully urinating or defecating in public Oppose This bill creates a crime for urinating or defecating in public. This law would be used to punish homeless people and people in poverty who don't have regular access to restrooms.
SB 550 Requiring state entities, local entities and law enforcement agencies 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.
SB 552 Relating to abortion Oppose This bill modifies a section of code dealing with informed consent. It requires WV to publish inaccurate information about certain medications, and removes liability protections for physicians. The ACLU opposes further stigmatizing reproductive healthcare with inaccurate information.
SB 558 Prohibiting law enforcement agencies from posting booking photographs of certain criminal defendants on social media Support This bill limits the ability for law enforcement agencies to post photos of criminal defendants except in certain situations. Photos can be stigmatizing even if a person is never charged or convicted of a crime. The state should not exercise its power in a way that places unnecessary stigma on people.
SB 565 Firearm Industry Non-Discriminations Act Amendments Needed This bill prohibits financial institutions from refusing to do business with individuals and firearms industries due to ideological differences. While we agree businesses should not discriminate against individuals based on constitutionally protected rights, in other ways this is a restriction on the freedom of conscious.
SB 572 Codifying common law cause of action on public nuisance Neutral This bill deals with public nuisance actions. The ACLU has revisited it's opinion as is taking no position.
SB 584 Removing rape and incest exception to obtain abortion in WV Oppose This bill removes rape and incest exceptions for abortions. The ACLU supports reproductive rights and opposes restrictions on those rights.
SB 592 Providing tax credit to corporations for existing employer-provided child care facilities Support This bill would create a financial incentive for employers to provide child care. This is an equity issue that helps to remove a barrier to work and civic participation.
SB 599 Requiring moment of silence at beginning of each school day Neutral The bill requires schools to provide a moment of silence at the beginning of school days. So long as this moment is not explicitly used for prayer this does not raise issues, however, the ACLU will monitor this legislation to ensure there are proper safeguards against religious coercion.
SB 604 Authorizing DHS to establish Office of Inspector General Oppose This bill creates an Inspector General within Homeland Security to oversee operations and conduct investigations. The Inspector General is hired by, and reports to the Secretary of Homeland Security. This does not create reliable independent investigations.
SB 606 Exempting ad valorem property tax on property used for divine worship, educational, and charitable purposes Oppose This bill provides a tax benefit to parochial schools. The ACLU opposes giving benefits to religious organizations that are not given to non-religious organizations.
SB 614 Extending jurisdiction of School Safety Unit Oppose This bill gives the Division of Protective Services a new charge of protecting school safety. Notably officers are given full law enforcement powers. The ACLU opposes the expansion of surveillance and law enforcement into schools.
SB 619 Allowing teachers in public schools to teach intelligent design Oppose This bill would allow schools to teach intelligent design. Intelligent design is an inherently religious belief, and instruction in intelligent design violates the First Amendment.
SB 620 Increasing maximum number of registered voters per precinct and distance between polling places Oppose This bill would reduce the number of polling places in elections and make polling places further apart. This will make it harder for people to vote, particularly people with limited mobility and transportation.
SB 624 Clarifying offense of vehicular homicide Oppose This bill increases the penalties for reckless driving resulting in death, and adds a new misdemeanor for negligent driving resulting in death. The ACLU opposes increasing sentences and creating new crimes.
SB 626 Increasing penalties for operating house of prostitution Oppose This bill increases penalties for operating a facility where illegal sex work occurs. It also adds new penalties for customers and enhanced penalties if the sex worker is a victim of human trafficking. The ACLU opposes the criminalization of sex work and bills that create new crimes and enhance penalties.
SB 630 Creating offense of knowingly and willfully obstructing social service worker Oppose This bill creates an enhanced sentence for obstructing a social service worker, resulting in their death. The ACLU opposes enhanced penalties.
SB 632 Prohibiting mandatory COVID-19 or other experimental vaccines for school attendance Oppose This bill allows individuals to opt out of all vaccine requirements on the basis of a religious or moral objection. This may create environments where it is unsafe for immunocompromised and medically fragile children to avail themselves of public education. For this reason, the exemptions are too broad.
SB 633 Requiring prompt appearances for persons detained on capiases Support This bill sets time limits for initial appearances for people arrested pursuant to a capias warrant. This remedies a problem where such people are often held in jail for excessive periods of time.
SB 637 Fair Access to Financial Services Act Oppose This bill purports to protect free speech and expression by prohibiting financial institutions from making social, political, or environmental decisions regarding their business practices. In doing so, the state actually restricts expressive activity of a non-state actor.
SB 645 Prohibiting laws requiring person to receive or use medical products Oppose This law prohibits any coercive state action for any medical treatment. This is exceptionally broad and would create numerous problems, not least of which is creating public spaces that would be dangerous for medically fragile people.
SB 653 Allowing group of affiliated voters to become recognized political party Support This bill would expand ways that a group can be formally recognized as a political party. The ACLU supports providing more opportunities to hear from more voices in the democratic process.
SB 654 Requiring cooperation with child support enforcement as condition for public assistance Oppose This bill would deny public assistance to people who are delinquent on child support payments. Punishing people in poverty with more poverty is counterproductive and will lead to worsening economic disparities.
SB 655 Parents' Bill of Rights Oppose This bill sets out in broad terms that strict scrutiny will be applied to any law or regulation regarding education or the access of education. While the ACLU supports the rights of parents to be involved in education and to make choices for their children, the application of this law would undermine appropriate control of the education system.
SB 656 Verifying legal employment status of workers to governmental agencies Oppose This bill would require governmental agencies, contractors and subcontractors to verify the eligibility of employees through the E-Verify system. E-Verify is a problematic system that often incorrectly flags people in a discriminatory manner.
SB 659 Clarifying juvenile competency determination process extends to status offenders Support This bill allows children charged with status offenses to also have competency reviewed. This is a good protection to ensure that, no matter how small the issue, we are not unjustly penalizing people who are not competent to know that they did wrong.
SB 660 Establishing aggravated felony offense of reckless driving resulting in death Oppose This bill creates enhanced penalties for reckless driving resulting in death. The ACLU opposes creating enhanced penalties.
SB 666 Placing cap on maximum penalty that may be imposed for first-degree robbery Oppose This bill increases the amount of time a person can serve for robbery. The ACLU opposes increasing criminal penalties.
SB 673 Providing voters with ability to identify and verify their ballot cast Support This bill would provide voters with a unique identifying number to be able to review ballots and ensure their ballot had been cast and counted.
SB 674 Providing statutory recognition and appointment of board members for WV First Foundation Neutral This bill formally adopts the memorandum of understanding as part of the opiate settlement. The ACLU is monitoring this settlement and will participate in ensuring money is used in appropriate ways, and not to expand incarceration.
SB 679 Requiring Office of Inspector General to promulgate rules concerning location of forensic group homes Oppose This bill would prohibit certain group homes to be located in proximity to schools. People should not face discrimination in housing on the basis of their medical condition.
SB 681 Clarifying that juvenile competency determination process extends to status offenders Support This bill allows children charged with status offenses to also have competency reviewed. This is a good protection to ensure that, no matter how small the issue, we are not unjustly penalizing people who are not competent to know that they did wrong.
SB 682 Requiring municipal elections to be held on same day as statewide elections Support This bill would require municipal elections to be held on the same day as statewide elections. This would make it easier for voters to know when elections are being held and would increase voter participation.
SB 686 Youth Mental Health Protection Act Support This bill would prohibit the harmful practice of "conversion therapy" on minors. This practice has been rejected by nearly every medical organization as harmful to LGBTQ people, and the government has a legitimate interest in prohibiting it.
SB 692 Relating to gender reassignment medical services for minors Oppose This bill would prohibit gender affirming care and would force school officials to "out" children to their parents. This both denies life-saving healthcare and forces children into dangerous situations.
SB 695 Increasing penalties for sexual assault against minors Oppose This bill increases penalties for certain sexual crimes to life without parole. The bill also adds in sterilization as a potential part of a sentence. The ACLU opposes life without parole sentences and coerced sterilization.
SB 696 Prohibiting unlawful discriminatory practices covered by Human Rights Act and Fair Housing Act Support This bill would add protections against discrimination in housing and employment. The ACLU supports providing these protections.
SB 697 Prohibiting gender transition surgeries, treatments, and therapies to minors Oppose This bill prohibits gender affirming care, and prohibits any mental health counseling unless it is conversion therapies. These provisions are dangerous and discriminatory.
SB 725 Requiring runoff elections for judicial candidates Support This bill would allow for runoff elections for the Supreme Court of Appeals. Runoffs can help to ensure that people are not elected to office with a small plurality vote and encourage voters to vote for top-choice candidates, rather than politically expedient candidates. This provides more viewpoints in the democratic process.
SB 727 Providing reports to DMV on mental and physical disabilities for driver's license Oppose This bill requires any medical provider with knowledge of certain medical conditions to provide that information to the DMV. This is overly broad and will result in unnecessary sharing of medical records. Additionally there are not enough safeguards of medical information once it is shared.
SJR 3 Constitutional Officer Term Limit Amendment Oppose This proposed constitutional amendment limits constitutional officers to 3 consecutive terms. The ACLU believes term limits rob voters of candidates they like and can be achieved through democratic participation.
SJR 9 Right to medical freedom amendment Oppose This proposed constitutional amendment would establish a right to refuse any medical treatment and would establish that a person could not be denied access to any public accomodation for their refusal. The ACLU supports the rights of bodily autonomy. The State can, and should retain the ability to provide safe spaces for all citizens through public health measures.
SR 1 Adopting Rules of Senate Amendments Needed This resolution contains the Rules for the Senate. Notably it prohibits any recording device or photography for any Senate proceeding. The ACLU opposes this lack of transparency.