The West Virginia Legislature completed the 2022 regular legislative session on March 12, 2022. In total, 293 bills completed the legislative process. The Governor signed 280 of the bills that were passed. Summaries of key bills are addressed below. The status of each bill is accurate as of April 8, 2022.
Senate Bill 1
Creating the Mining Mutual Insurance Company.
- Senate Bill 1 creates the Mining Mutual Insurance Company. This insurance company will be run by a government-appointed board to provide additional coverage to mining companies.
- Status: Signed by Governor on March 28, 2022. Effective from passage on March 12, 2022.
Repealing the ban on constructing nuclear power plants.
- Senate Bill 4 removes the ban on constructing nuclear power plants in West Virginia.
- Status: Signed by Governor on February 8, 2022. Effective 90 days from passage on May 1, 2022.
Establishing “veil piercing” claims cannot be used to impose personal liability.
- Senate Bill 6 overturns the West Virginia Supreme Court decision Joseph Kubican v. The Tavern, LLC., 232 W. Va. 268, 752 S.E.2d 299 (2013). This bill prohibits “veil piercing” claims against individual members solely because the individual is a named member of an LLC. Senate Bill 6 clarifies that a veil piercing claim can only be brought against members for their own actions (torts, etc.).
- Status: Signed by Governor on March 28, 2022. Effective 90 days from passage on June 10, 2022.
Updating provisions of the Medical Professional Liability Act
- Senate Bill 25 adds language in the Medical Professional Liability Act that allows health care providers who execute “screening certificates of merit” be called for a deposition.
- Status: Signed by Governor on March 23, 2022. Effective 90 days from passage on June 8, 2022.
Revising wage payment and collection for West Virginia Businesses.
- Senate Bill 245 removes previous restrictions on businesses paying employees by check or money order. The bill also states that employers must disclose applicable fees when paying employees via payroll cards.
- Status: Signed by Governor on March 23, 2022. Effective 90 days from passage on June 9, 2022.
Updating authority to airports for current operations.
- Senate Bill 434 updates the definitions for different types of aircrafts as well as updating fines for different violations. The bill also gives the airport authority more powers when it comes to managing the airport and hangars.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 9, 2022.
Allowing nurses licensed in another state to practice in West Virginia.
- Senate Bill 518 allows for nurses with unencumbered licenses from other states to practice in West Virginia upon approval from the West Virginia Board of Examiners for Registered Professional Nurses.
- Status: Signed by Governor on March 28, 2022. Effective from passage on March 12, 2022.
Increasing annual salaries of certain state employees.
- Senate Bill 531 increases the salaries for state police officers, teachers, and other personnel within public schools and state police departments.
- Status: Signed by Governor on March 28, 2022. Effective on July 1, 2022.
Funding for health sciences and medical schools in West Virginia.
- Senate Bill 533 allows for funds coming from insurance premiums to fund health sciences and medical schools in West Virginia instead of funds from the soda tax.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
Relating to the West Virginia Medical Practice Act.
- Senate Bill 606 makes it a requirement that any person giving health care services must report misconduct in a written report within 30 days of the misconduct. The bill also provides for immunity from civil liability for good faith reports.
- Status: Signed by Governor on March 28, 2022. Effective 90 days from passage on June 9, 2022.
Removing the cap on bidder’s contract bond.
- Senate Bill 611 allows for copies of contracts and bonds to be submitted to clerk of the county in which the contract is to be performed either in electronic or paper form (as opposed to paper form only).
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
Prohibiting discrimination in the organ donation process.
- Senate Bill 647 prohibits health care facilities from discriminating against a person with physical or mental disabilities when it comes to organ donations. This includes placing the person on the waiting list and denying coverage for the procedure.
- Status: Signed by Governor on March 21, 2022. Effective 90 days from passage on June 9, 2022.
Providing tax credits for certain corporations with child-care facilities for employees.
- Senate Bill 656 creates a tax credit for any corporation who provides for child-care facilities for their employees. This tax credit will be equal to 50 percent of cost of operation of this facility.
- Status: Signed by Governor on March 30, 2022. Effective on July 1, 2022.
Clarifying the use of notes and bonds of the West Virginia Housing Development Fund.
- Senate Bill 686 prohibits loans that use funds from the West Virginia Housing Development Fund to be made unless they: (1) receive an investment rating from a nationally recognized bond-rating agency; (2) all payments of principal and interest on the loan are the subject of credit enhancement; (3) permanent financing is in full force at the time of the issuance of the bond; (4) the note or bond is fully cash-collateralized; OR (5) the note or bond is a mortgage finance bond.
- Senate Bill 686 requires any unused amount of funds from the Housing Development Fund remain with the Housing Development Fund.
- Status: Signed by Governor on March 30, 2022. Effective from passage on March 12, 2022.
Relating to oil and gas conservation
- Senate Bill 694 adds regulations for applying for and drilling “horizontal wells.” The bill also adds a fifth member of the Oil and Gas Commission as well as change notice requirements.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 7, 2022.
Reinstating the film investment tax credit.
- House Bill 2096 reinstates the film investment tax credit for film projects approved by the West Virginia Development Office. This tax credit applies retroactively to December 31, 2007.
- Status: Signed by Governor on March 28, 2022. Effective 90 days from passage on June 9, 2022.
Establishing the Donated Drug Repository Program.
- House Bill 2817 creates the Donated Drug Repository Program. This bill lists which drugs are eligible and outlines the procedure enforced by the Board of Pharmacy.
- Status: Signed by Governor on March 28, 2022. Effective 90 days from passage on June 9, 2022.
Creating the Certified Sites and Development Readiness Program.
- House Bill 4002 creates the Certified Sites and Development Readiness Program. This program will allow the Department of Economic Development to approve applicants that identify potential sites for economic development and provide funds to the approved applicants.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
House Bill 4008
Relating to the Higher Education Policy Commission funding formula.
- House Bill 4008 updates the Higher Education Policy Commission funding formula to focus on distributing funds based on student performance, workforce development priorities, and many other factors.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
House Bill 4012
Prohibiting the showing of proof of COVID-19 vaccination.
- House Bill 4012 prohibits any state or local government building or entity from requiring a person to show their proof of receiving the COVID-19 vaccination. This also includes hospitals and state higher education institutions.
- Status: Signed by Governor on March 30, 2022. Effective from passage on March 12, 2022.
Relating to geothermal energy development.
- House Bill 4098 defines the ownership rights of the surface of geothermal areas. The bill also includes the duties and powers of the Department of Environmental Protection when it comes to geothermal energy.
- Status: Signed by Governor on March 28, 2022. Effective 90 days from passage on June 10, 2022.
Provide consumers a choice for pharmacy services.
- House Bill 4112 states that pharmacy managers may not require more stringent accreditations or certifications that are necessary for West Virginia. Additionally, pharmacy managers may not restrict consumer’s access to “specialty drugs.”
- Status: Signed by Governor on March 30, 2022. Effective 90 days after passage on June 10, 2022.
Updating the Urban Mass Transportation Authority Act.
- House Bill 4331 clarifies that “deductions” under the Urban Mass Transportation act include amounts for union, labor, organization, or club dues.
- Status: Signed by Governor on March 30, 2022. Effective from passage on March 11, 2022.
Providing for the valuation of personal property with natural resources.
- House Bill 4336 updates the methodology for the fair market value of property producing oil, natural gas, natural gas liquids, or any combination of the three. The valuation for tax purposes will be based on the net proceeds (gross receipts on a sales volume basis) beginning July 1, 2022.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 9, 2022.
Specifying allocation, apportionment, and treatment of income of flow-through entities.
- House Bill 4410 updates the code to treat the income of flow-through entities and the income of C-corporations the same.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 7, 2022.
Establishing the BUILD WV Act.
- House Bill 4502, or the BUILD WV Act, provides for tax credits for businesses, contractors, and for personal property. The purpose of these tax credits are to incentivize building medium-income housing in identified areas of West Virginia.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
Relating to motor vehicle dealers, distributors, wholesalers, and manufacturers.
- House Bill 4560 provides multiple updates to Article 6A of the West Virginia Code. These updates included procedures for cancelling dealer agreements, clarifying permissible uses of manufacturer and dealership property, and updating what constitutes unlawful practices.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
Rehabilitating certified historic structures.
- House Bill 4568 allows for tax credits to be claimed for the rehabilitating certified historic structures. The rehabilitation must be submitted to the National Park Service, and the tax credit claim is contingent on the completed phases of rehabilitation.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 9, 2022.
Occupational licensing and other authorizations to practice.
- House Bill 4634 allows for people with occupational licenses to practice in other states to also practice in West Virginia. The person with the license must apply to their respective board and meet certain requirements such as establishing residency in West Virginia, be in good standing in the state the license was issued and meet all educational and examination requirements for the occupational license.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 9, 2022.
Relating to judicial vacancies
- House Bill 4785 clarifies that a vacancy on the Supreme Court of Appeals or Intermediate Court of Appeals or a judge of a circuit court or family court will be filled by the Governor if the term still has three years remaining.
- Status: Signed by Governor on March 28, 2022. Effective from passage on March 9, 2022.
Creating the Highly Automated Motor Vehicle Act.
- House Bill 4787 allows for the operation of fully autonomous vehicles on roads in West Virginia. This includes personal and commercial vehicles. The bill does not require a driver be behind the wheel.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.
Relating to nonintoxicating beer, wine, and liquor licenses.
- House Bill 4848 removes the 300-foot restriction for businesses that sell beer for colleges and universities. The bill also makes changes to requirements for applicants and requirements for different types of businesses when applying for liquor licenses.
- Status: Signed by Governor on March 30, 2022. Effective 90 days from passage on June 10, 2022.