WV Senate passes bills banning abortion pills and restricting media reliability monitors

With the 2026 Legislative Session past its halfway mark, the pace at the Capitol is accelerating. Deadlines for introducing new bills are closing in, while several important bills have already passed their chambers of origin. 

Last Friday, the Senate passed SB 173, which would make it illegal to prescribe and send abortion pills to any West Virginia resident, via courier or mail service. For non-medical professionals who break the law, SB 173 would impose mandatory prison sentences of between three and 10 years. Medical professionals would lose their medical licenses. 

SB 173 also includes language clarifying that women can’t be charged with a criminal offense for having abortions.  But it also creates a new civil lawsuit option that allows a woman or certain family members to sue anyone who supplies abortion pills for up to $10,000 in damages.

Before the bill passed the Senate Floor,Sen. Patricia Rucker, R-Jefferson, proposed an amendment, adding the spouse or father of an aborted child to the list of people that can file a civil suit. 

Sen. Ryan Weld, R-Brooke, proposed an amendment that would prohibit any public entity from contracting with any manufacturer or wholesale distributor of abortion pills.

“This amendment solves the problem where we are dealing with shield states,” said Sen. Tom R- Willis.  “This bill still gives us a way after those abortion bill pushers, by making sure they don’t benefit economically from West Virginia taxpayer dollars.”

Both of those amendments were approved, and SB 173 passed the Senate, with Sen. Joey Garcia, D-Marion, as the sole “Nay” vote. 

“First Amendment Preservation Act“

Another key bill passed the Senate last Friday, despite drawing some dissent:  SB 531. The bill  would prohibit the state from spending money on advertising agencies accused of viewpoint discrimination. This would include higher education institutions that use state funds, city governments, local boards of education or state agencies. 

Under the bill, state agencies will no longer be allowed to contract with media reliability and bias monitors or marketing agencies that use them. These types of monitors provide news audiences with information about accuracy, identify an outlet’s political leaning and seek to reduce misinformation.

“In reality, the companies suppress conservative voices and prevent advertising dollars from being spent where they may have the biggest effect,” Willis argued. 

The bill’s lead sponsor Sen. Mike Azinger, R–Wood, pointed to ratings from NewsGuard as an example, citing score disparities between left-leaning and right-leaning outlets that he said demonstrate bias.

 “Left leaning outlets scored 93 out of 100, and right leaning outlets were 66 out of 100. There is an overt plain bias,” Azinger said. 

SB 531 seeks an unprecedented level of government knowledge, when it comes to the tools that independent marketing agencies use. If the bill becomes law, agencies submitting a bid to work with the state would have to submit a written certification saying they aren’t planning to use the services of a media reliability and bias monitor. This would also apply for agencies that are renewing, extending or modifying agreements made before the bill’s potential passage. 

Sen. Mike Woelfel, D-Cabell, cautioned that SB 531 raises First Amendment concerns. 

“We can’t regulate the First Amendment here,” he said in opposition.

SB 531 passed the Senate and has already been sent to the House Judiciary Committee. Garcia and Woelfel were the only votes in opposition.