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