2025 Legislative Review
By Megan Bevins & Kenzie Dye
The West Virginia State Legislature began its 60-day session on February 12 with a new governor and senate president. Aside from the commissioner of agriculture, all constitutional officers—treasurer, attorney general, auditor and secretary of state—are newly elected.
The House of Delegates overhauled its legislative process this year by reducing its standing committees to six, each with three specialized subcommittees except Finance, which has four. Previously, bills were introduced, sent to a committee and—if approved by the chair—heard, amended, debated and voted on in a single meeting before advancing.
Now, bills are first referred to a specialized subcommittee. On day one, they are presented and discussed with stakeholder input. On day two, amendments are considered, and the bill is debated and voted on. If passed, it moves to the full committee for the same two-day process before heading to the House floor. To accommodate the expanded schedule, committees or subcommittees meet daily for two hours. Meanwhile, the Senate will keep its current process.
The 2025 session wrapped up on April 12, completing action on 247 of the 2,460 bills introduced. In this legislative review, West Virginia Executive looks at some of the House bills (HB) and Senate bills (SB) that were under consideration
this session and how they would affect West Virginia’s developmental, health care and financial landscapes.
Finance
Bills addressing financial operations that emerged during the legislative session are SB 300 & HB 2026, SB 615 and HB 2152.
SB 300 & HB 2026
By James Bailey
HB 2026—Senate: 31-1 | House: 78-18
West Virginia Governor Patrick Morrisey signed HB 2026, the budget bill, issuing 29 line-item vetoes that cut at least $37 million in spending and vetoing more than $110 million in surplus appropriations that would have been funded had the state finished the fiscal year with a significant surplus of revenue.
The $5.32 billion general revenue budget—$5 million less than Morrisey’s initial proposal—includes a $100 million increase in funding for foster care and adoption services, $33 million for the Hope Scholarship and $33.6 million for the personal income tax reserve fund.
Morrisey cut the entire $75 million Economic Development Project Fund allocation, $10 million from the Water Development Authority, $250,000 from the Cabell County
Commission for Lily’s Place and $25 million from a $125 million Division of Highways surplus appropriation.
Among the $37 million in general and special revenue cuts, the State Road Fund saw the largest reduction. The Department of Health and Ronald McDonald House of Morgantown each lost $3 million, and court-appointed youth advocates lost $800,000. Funding for libraries, public transit and the Safe Schools program was also reduced. Programs like the Green Acres Regional Center, Mountwood Park and a nursing program at West Virginia State University lost all funding.
Morrisey said these cuts were made in anticipation of possible Medicaid and PEIA gaps and changes to the federal tax code, noting that funding could be restored at a later date.
He led the process of finalizing this year’s budget after taking office in January, citing a roughly $400 million budget deficit for the upcoming fiscal year caused by the prior administration’s use of one-time funding sources. Despite initial conflict with some legislative leaders, Morrisey and the Legislature finalized a balanced budget without needing an extended session.
SB 615
By James Bailey
Senate: 34-0Â |Â House: 98-0
The Legislature enacted SB 615, which eliminates accelerated tax payment requirements imposed on certain taxpayers for the consumer sales and use taxes as well as personal income tax withholdings submitted by employers. Currently, business entities with estimated average monthly payments exceeding $100,000 for each tax liability are required to submit the amount attributable to the first 15 days of June prior to the end of the month each year.
The bill, which was introduced per Morrisey’s request, was made effective from passage by the Legislature. Therefore, the bill eliminates the accelerated tax payments that would have otherwise been due in June of this year. The Department
of Revenue projects this change will create a one-time shift of approximately $50 million from 2025 to 2026, but that 2025 collections will be sufficient to absorb the temporary shift. This reform is a move towards modernizing state tax policies and should also reduce administrative burdens.
HB 2152
By Tristan Leavitt
Senate: 34-0Â |Â House: 97-0
HB 2354 makes West Virginia the first state in the nation to ban several synthetic food dyes and preservatives. Beginning August 1, the law will prohibit the use of Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 in school meals. By January 1, 2028, the ban will extend to all foods and drugs sold within the state and add two preservatives: butylated hydroxyanisole and propylparaben.
The bill provided no clarity on acceptable concentration thresholds or guidance for transitioning supply chains. Trade groups warned that 60% of grocery items contain at least one of the banned substances, and that West Virginia’s relatively small consumer base may not justify product reformulation.
Despite concerns, HB 2354 passed with overwhelming support. In response to industry feedback, Senator Robbie Morris offered an amendment extending the effective date of the statewide ban from 2027 to 2028. Lawmakers also included a bake sale exemption to ensure that individuals selling small quantities of food items—such as at school or church fundraisers—would not be penalized under the new law.
Health Care
Health care-related bills produced this legislative session include SB 460 & HB 2776, SB 453 & HB 2007 and HB 2354.
SB 460 & HB 2776
By Lisa Costello, MD, MPH
SB 460—Senate: 20-12 | House: 42-56
HB 2776—Senate: 32-0 | House: 94-0
Following Morrisey’s Executive Order 7-25 to change child care and school immunization requirements, the Senate passed SB 460. This bill sought to change the medical exemption process and allow non-medical exemptions to the immunization requirements for child care and school entry.
Initially, SB 460 would have removed the medical exemption review process; eliminated the state immunization officer; expanded the list of who could submit a medical exemption request to include several other health provider types and remove the need to be licensed; removed some of the current policy’s language surrounding exemptions for medical reasons; and prohibited licensing boards from taking action against health care providers submitting exemptions. Further, the committee substitute for SB 460 added non-medical exemptions by a parent, guardian or emancipated child writing a note to the school or child care facility.
After SB 460 passed in the Senate, it went to the House Health and Human Resources Committee. There, a strike-and-insert amendment passed that aimed to require a written statement from a licensed physician, physician assistant or nurse practitioner; add reporting of exemptions to the state; add certain protection from civil liability for health care providers submitting medical exemptions; and remove non-medical exemptions.
When the bill went on to the entire House, it was amended to allow non-medical religious exemptions to immunization requirements. The House rejected this version of the bill on a vote of 42-56. Later in the session, the Senate Health Committee added provisions from SB 460 to a strike-and-insert amendment to HB 2776, a bill focused on West Virginia Department of Health reporting on incidences of alpha-gal syndrome. Those immunization policy amendments were subsequently withdrawn, and HB 2776 passed in its previous form solely about alpha-gal reporting.
SB 453 & HB 2007
By Alexander Macia
Repealing the state’s Certificate of Need (CON) process appeared to be a top priority in 2025. CON is a regulatory process that requires entities seeking to open or expand health care services to receive approval from the state health care authority. While 36 states have some form of CON review, opponents argue the process hinders access to quality health care, increases costs and lowers quality.
Governor Morrisey’s CON repeal bill was introduced in the House as HB 2007 and in the Senate as SB 453. The House Health Committee had the bill presented for public hearing where representatives from the major hospital systems spoke in favor of maintaining CON. Representatives from the conservative Cardinal Institute and Americans for Prosperity spoke in opposition. The bill was advanced to the mark-up and vote stage where it was defeated on a vote of 12-13. This year’s Senate bill never advanced, and a late effort to discharge HB 2007 from the House Health Committee was defeated by the full House of Delegates.
HB 2354
By Rachel Coffman
Senate: 26-4Â |Â House: 79-17
HB 2354 makes West Virginia the first state in the nation to ban several synthetic food dyes and preservatives. Beginning August 1, the law will prohibit the use of Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 in school meals. By January 1, 2028, the ban will extend to all foods and drugs sold within the state and add two preservatives: butylated hydroxyanisole and propylparaben.
The bill provided no clarity on acceptable concentration thresholds or guidance for transitioning supply chains. Trade groups warned that 60% of grocery items contain at least one of the banned substances, and that West Virginia’s relatively small consumer base may not justify product reformulation.
Despite concerns, HB 2354 passed with overwhelming support. In response to industry feedback, Senator Robbie Morris offered an amendment extending the effective date of the statewide ban from 2027 to 2028. Lawmakers also included a bake sale exemption to ensure that individuals selling small quantities of food items—such as at school or church fundraisers—would not be penalized under the new law.
Development
Bills relating to the Mountain State’s development this session are HB 2002, HBs 2008 & 2009, HB 2014, SB 439 and SB 458.
HB 2002
By Megan Bevins
Senate: 34-0Â |Â House: 99-0
HB 2002, passed April 9, finalizes the establishment of the One-Stop-Shop Permitting Program, an incentive meant to streamline West Virginia’s permitting, licensing and business registration processes.
Key features of HB 2002 include a user-friendly online portal for managing permit applications and renewals. The bill also introduces a fast-track option, allowing applicants to pay an additional fee for expedited permit processing. Additionally, it mandates that agencies establish clear processing deadlines, with a refund of application fees required if those deadlines are not met. Finally, the legislation
provides a transition period through July 1, 2027, during which applicants may continue to apply directly with agencies using existing methods.
The Department of Administration is tasked with overseeing the program’s implementation, including rulemaking and inter-agency coordination. This bill aims to enhance economic development by simplifying the state’s permitting processes.
HB 2008 & 2009
By Megan Bevins
2008—Senate: 24-8 | House: 65-34
2009—Senate: 24-8 | House: 71-28
In 2025, West Virginia advanced a major reorganization of its executive agencies through HBs 2008 and 2009. HB 2008 restructured the state’s economic development leadership by moving the West Virginia Department of Economic Development (WVDED) back under the umbrella of the Department of Commerce. Reintegrating the WVDED as a division within the Department of Commerce is meant to eliminate overlapping responsibilities and improve decision-making efficiency.
HB 2009 eliminates the Department of Arts, Culture and History and merges its functions with the Department of Tourism. This structural realignment aims to leverage rich cultural and historical assets as part of a comprehensive tourism strategy. The change is meant to simplify governance by centralizing promotion, funding and strategic planning under a single department.
HB 2014
By Rachel Coffman
Senate: 32-1Â |Â House: 82-16
HB 2354 makes West Virginia the first state in the nation to ban several synthetic food dyes and preservatives. Beginning August 1, the law will prohibit the use of Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 in school meals. By January 1, 2028, the ban will extend to all foods and drugs sold within the state and add two preservatives: butylated hydroxyanisole and propylparaben.
The bill provided no clarity on acceptable concentration thresholds or guidance for transitioning supply chains. Trade groups warned that 60% of grocery items contain at least one of the banned substances, and that West Virginia’s relatively small consumer base may not justify product reformulation.
Despite concerns, HB 2354 passed with overwhelming support. In response to industry feedback, Senator Robbie Morris offered an amendment extending the effective date of the statewide ban from 2027 to 2028. Lawmakers also included a bake sale exemption to ensure that individuals selling small quantities of food items—such as at school or church fundraisers—would not be penalized under the new law.
SB 439
By Rachel Coffman
SB 439, a reintroduced proposal from 2024, sought to remove the pollution control tax treatment for wind turbines, which would have shifted their tax valuation from salvage to real property. Clearway Energy, which operates wind assets across multiple West Virginia counties, testified in opposition, stating the bill would raise costs by approximately $5 per megawatt-hour under existing power purchase agreements—potentially adding millions in expenses for customers with long-term contracts.
Opponents also warned that the bill would set a troubling precedent for economic development, suggesting that the state could retroactively alter agreements and revoke previously promised incentives after investments have been made. Ultimately, SB 439 did not advance out of the Senate Finance Committee.
SB 458
By Kenzie Dye
Senate: 34-0Â |Â House: 97-0
SB 458, the Universal Professional and Occupational Licensing Act of 2025, streamlines the licensing process for professionals moving to West Virginia and for spouses of active-duty military personnel stationed in the state. Beginning July 1, the law will require state licensing boards to issue licenses without additional testing to eligible individuals. To qualify, applicants must establish residency in West Virginia or be married to an active-duty service member assigned to a West Virginia base. They must also hold an active, equivalent license in good standing from another U.S. jurisdiction and have met that state’s education, work experience and examination requirements.
Physicians, osteopathic doctors and podiatrists must have completed accredited graduate medical education programs. Dentists must have successfully passed a clinical hand-skills examination. While the bill allows boards to require an exam specific to West Virginia law, it generally prevents boards from creating unnecessary barriers for qualified professionals. The legislation excludes legal licenses and does not override requirements for criminal background checks where applicable. Ultimately, the bill aims to attract more professionals to the state, improve access to services and support economic development by making it easier for licensed individuals to begin working in their fields.
Substance Use Impact
Substance use disorder and the foster care crisis brought HB 2347, HB 2880 and SB 196.
HB 2347
By Alexander Macia
Senate: 34-0Â |Â House: 97-0
The Joel Archer Substance Abuse Intervention Act, HB 2347, is named for a Kanawha County man who overdosed when he was 24 years old. Under existing law, a person suffering from substance use disorder can only be involuntarily committed if deemed likely to cause harm to himself or others. However, HB 2347 permits involuntary commitment even where there is no immediate risk of harm, provided that the individual has lost self-control and is unable to recognize the need for treatment.
The bill further provides that a person involuntarily committed who completes rehabilitation treatment program shall not be considered a person adjudicated to be mentally defective or having had a prior involuntary commitment to a mental institution for purposes of firearm possession. The act started as SB 761 which passed the Senate but was overwritten in the House with another bill. The Senate simply struck out the entirety of the contents of HB 2347 and inserted the contents of SB 761. The House reluctantly concurred in the Senate amendment, thus HB 2347 no longer reorganized the mental hygiene process. Instead it became the Joel Archer Substance Abuse Intervention Act.
HB 2880
By Alexander Macia
Senate: 32-1Â |Â House: 98-0
HB 2880 aimed to define the position of parent resource navigator as an individual who assists parents through the legal process required for unification or reunification with their children in child abuse and neglect cases. The bill also added the parent resource navigator to the multi-disciplinary treatment team tasked with assessing and implementing a service plan for those children and their families.
The Senate increased the scope of the bill by adding a new law to comprehensively regulate adolescent residential programs, SB 817, which failed to advance. Ultimately, HB 2880 retained the sections defining parent resource navigators but added sections updating the centralized reporting system for child abuse and neglect cases and permitting electronic access to the foster care ombudsman, the child placement agency and the child’s temporary custodian. Finally, the bill established a Critical Incident Review Team to investigate the fatality or near fatality of children in the foster care system.
SB 196
By Alexander Macia
Senate: 34-0Â |Â House: 98-1
Lauren Cole was a talented student, competitive athlete and gifted performer representing West Virginia University in national cheerleading competitions. In addition, Cole suffered from Opioid Use Disorder. At 26, she was killed when she ingested drugs that had been laced with fentanyl.
Cole’s death served as the inspiration behind SB 196, known as Lauren’s Law. The bill increases the penalties for manufacture, delivery, possession with intent to deliver and transportation into the state of fentanyl, methamphetamine, PCP, LSD, cocaine and heroin. The bill also increases the minimum sentence for drug delivery resulting in death from three to 10 years and for failing to seek medical assistance for someone overdosing from one to two years.
