It’s the last day of WV’s Legislative Session. Here’s what bills are dead and what’s still in play. 

Today is the final day of West Virginia’s 2026 Legislative Session. What new laws will elected officials pass? We won’t know for sure until midnight this evening. And then we’ll have to see what Gov. Patrick Morrisey vetoes.  

But, for now, here’s a roundup of key bills that could still become law—and ones that are (probably) dead as we approach sine die. As always, lawmakers could do some maneuvering to resurrect failed bills or sideline something everyone was sure would pass. 

Labor & Economic Justice:

LIKELY TO BECOME LAW:

• A bill that would remove the current list of occupations considered hazardous for 16 and 17-year-olds, making it easier for West Virginia to rollback child labor standards. It would connect West Virginia’s law to federal law, so, if the federal government loosens its regulations, West Virginia will follow suit.  This bill has already headed to the governor’s desk.
• A bill that would punish homeless people with fines of up to $500 or 30 days in jail if they are caught camping or storing personal items on any street, park or public property. This bill has already passed the House, and it could be up for a vote in the Senate today. 
• A bill indefinitely extending drug testing for people who receive Temporary Assistance to Needy Families (TANF.) People who fail drug screening tests can’t receive TANF, unless they later complete a drug treatment program and job training. The bill has already been passed by both chambers, and the Senate is waiting for the House to concur (agree) with its version.

Racial & LGBTQ+ Justice:

DEAD:

• A bill that would have completely eliminated the Herbert Henderson office of Minority Affairs. After shutting the office down, the remaining funds would have been transferred to the Entrepreneurship and Innovation Fund. This was a Senate bill, and all bills must pass their chamber of origin by the fiftieth day of session, a.k.a. Crossover Day. It failed to pass the Senate by that deadline.
• A bill to prohibit state government entities, such as public universities and social services, from promoting or facilitating sexual orientation or gender transitioning. This had the possibility of limiting schools from offering any LGBTQ+ health courses or classes with those themes. This bill also didn’t survive Crossover Day.

UNLIKELY, BUT STILL IN PLAY:

A bill that would criminalize “adult cabaret performers,” performing on public property where it could be viewed by a minor. Along with go-go dancers and exotic dancers, male or female impersonators were also listed under this law, which could impact drag performers. There would be fines and possible jail time for offenders, if the bill becomes law. It still has a committee to clear, so lawmakers would have to suspend rules to pass it by midnight today.

Criminal justice & Immigration: 

Many major criminal justice and immigration-related bills are likely to become law, including:

• A bill that will make it illegal to “transport” an undocumented person who is outside your immediate family. It could apply to giving an undocumented person a ride to the grocery store or letting them stay in your home. People convicted of transporting an undocumented adult could be punished by up to 10 years in prison. This has already headed to the governor’s desk. 
• A bill that would make it unlawful to get within 30 feet of a first responder or law enforcement officer, after receiving a verbal warning. The bill could potentially prohibit people from filming law enforcement. Both chambers have passed their own versions, and the Senate has asked the House to concur.
• A bill that would raise the minimum sentence and time served before eligibility or parole for people convicted of second-degree murder and voluntary manslaughter. For second-degree murder, sentences would rise from a minimum of 10 years to 15 years and a maximum of 40 years to 60 years. This has already headed to the governor’s desk. 
• A bill that would grant 18 to 20 year-olds permission to carry a concealed weapon with no permit. Currently this age range may apply for a license to carry a pistol or revolver, with proof of completing a handgun safety course. This bill would remove those stipulations, making the course and permits not necessary. Both chambers have passed their own versions, and the Senate has asked the House to concur.
• A bill that would transform the way people are convicted of crimes related to domestic violence. It would require magistrates to check for any priors, increase bail requirements and make strangulation of a domestic partner a felony of up to 10 years in prison. Both chambers have passed their own versions, and the Senate has asked the House to concur.

DEAD OR UNLIKELY TO BECOME LAW:

• A bill that would have reinstated the death penalty, but only for people who have intentionally murdered, while attempting or committing first-degree sexual assault. Options for the death penalty would have included a lethal injection and firing squad as acceptable. The bill failed to survive Crossover Day.
• A bill that would require state and local law enforcement to notify ICE if they identify an undocumented immigrant. It still has a committee to clear, so lawmakers would have to suspend rules to pass it by midnight.

The Environment:

LIKELY TO BECOME LAW:

A bill that will reduce regulations and oversight for aboveground storage tanks. The current version of the bill is much narrower in scope, after amendments by the House. 

The original version would have rolled back regulations for any tanks 50,000 gallons or smaller that contained a broad range of liquids. Now, regulations will only be reduced for brine water tanks that hold 10,000 gallons or less 

This bill has headed to the governor’s desk. 

UNLIKELY, BUT STILL IN PLAY:

A bill that would finally allocate money in the Flood Resiliency Trust Fund. $10 million of that funding would go toward an artificial intelligence-based flood warning system, mentioned during Gov. Patrick Morrisey’s State of the State Address.

DEAD: 

• A bill that would have established a “Southern West Virginia Clean Water Act.” It would have provided funding to improve water quality standards in Boone, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne and Wyoming counties. It didn’t survive Crossover Day.

• A bill that would have provided a tax break to data centers and other common businesses, such as warehouses. Under this bill, some companies would not have paid any West Virginia taxes for up to 10 years. This also didn’t survive Crossover Day. 

Healthcare:

LIKELY TO BECOME LAW:

• A bill that finally creates permanent, state-level funding for emergency services. It would give local EMS agencies a total of $12 million across the entire state. Counties can receive this funding, so long as their local government matches the funds sent. Both chambers have passed their own versions, and the Senate has asked the House to concur.

• A bill that would remove the requirement that doctors contact certain court officials before doing a 72-hour involuntary mental health hold. Both chambers have passed this bill. 

DEAD OR UNLIKELY:

• A bill that would require mandatory prison time for anyone who sends abortion pills to West Virginia residents through the mail. It would impose anywhere from three to 10 years prison time for any non-medical professional prescribing or sending the pills. It would also allow the revocation of any doctor’s license if they knowingly prescribe pills to a resident for the purpose of abortion.  It still has a committee to clear, so lawmakers would have to suspend rules to pass it by midnight. 
• A bill that would privatize part of the state’s child welfare system.  It still has a committee to clear, so lawmakers would have to suspend rules.
• A bill to create on-campus food and health aid pantries for college students.  It still has committees to clear, so lawmakers would have to suspend rules.
• A bill that would ban syringe exchange services across the state. It failed to survive Crossover Day. 
• A bill that would’ve allowed sick leave from public employee county leave banks to be used for maternity leave. It also didn’t survive Crossover Day.

Education, Childcare and CPS:

LIKELY TO BECOME LAW:

• A bill that would provide raises for teachers in certain parts of the state, based on local and regional median incomes. Both chambers have passed their own versions, and the Senate has asked the House to concur.
• A bill that would support affordable childcare across the state. It would make an effort to stabilize finances for childcare facilities. It would also further expand the tax credit that employers can claim for providing childcare for their employees. The bill has already headed to the governor’s desk. 
• A bill that would require CPS workers to complete an investigation within 10 days of a request from a parent to homeschool their children, if they are involved in a child abuse or neglect investigation. The bill is named “Raylee’s Law” after an 8-year-old girl from West Virginia passed away from abuse and neglect when her teachers reported her parents to CPS, leading them to homeschool her. 

The original Senate bill failed to pass the chamber by Crossover Day, but a pretty remarkable legislative maneuver resurrected the main tenets of the bill, as West Virginia Watch reported. Lawmakers amended it into a different House bill that was up for a vote. Both chambers have passed their own versions, and the Senate has asked the House to concur.

It was a move that reminded us anything can happen during the last week of session.