The West Virginia Legislature started its 60-day regular session on January 14, 2026 at breakneck speed with a total of 565 bills – 306 in the House and 238 in the Senate – introduced on the first day and with new leadership in three major Senate Committees. Later that evening, Governor Patrick Morrisey delivered his second State of the State address wherein he proposed several economic development initiatives, an income tax reduction, and a pay raise for public employees, among other things.
For this legislative session, the Spilman Thomas & Battle Government Relations Practice Group will provide bi-weekly updates to our clients and other interested readers concerning the progress of significant legislation in certain areas such as environment, oil & gas, tax reform, healthcare, insurance, consumer finance, and civil justice reform.
The West Virginia Legislature, which commenced its 60-day regular session on January 14, 2026, is comprised of a 100-member House of Delegates and a 34-member Senate. The Republicans have super-majorities in both chambers, with a 91-9 advantage in the House and a 32-2 split in the Senate. The Speaker of the House is Roger Hanshaw, an attorney specializing in public utilities law who also holds a Ph.D. in chemistry. Speaker Hanshaw was elected to the House in 2014 and as Speaker in December 2018; he’s been re-elected three times since. Senator Randy Smith, on the other hand, is starting his second session as Senate President. President Smith is a retired coal miner and was first elected to the Senate in 2012, after having served in the House for six years. While the House leadership remained intact this year, there were changes to the Senate leadership team. Senator Tom Willis, an attorney, will take over as Chair of the Judiciary Committee; Senator Robbie Morris, a businessman and community economic development leader, will become the chair of Government Organization; and Senator Brian Helton, a businessman and entrepreneur, was named the chair of Health & Human Resources just two days ago.
Last year, we reported that the House implemented a fundamental change in the way it considers legislation. First, it reduced the number of standing committees to six, with each having three specialized standing subcommittees, except for Finance, which will have four. Prior to this year, upon introduction, bills were referred to a committee, and if the committee chair approved, they were placed on a committee meeting agenda. During that meeting, lawmakers heard a presentation on the bill by stakeholders or interested parties, were able to question counsel about legal issues and effects, propose and debate amendments, debate the merits of the bill, and then vote on it all at that meeting. Then, if the bill passed the committee, it moved to a second committee of reference, if any, or to the House floor for consideration by the full body.
Starting with last session, however, after introduction, a bill would be referred to a specialized subcommittee. If it is placed on the subcommittee agenda, on the first day of consideration, the bill would be presented and explained by its sponsors, with testimony or prepared remarks by stakeholders or interested parties placed in the record. At a subsequent committee meeting, called the mark-up stage, amendments would be considered and voted on, and thereafter the merits of the bill would be debated before a final vote. Whereupon, the bill moves to the full committee where it undergoes the same two-day process before it is reported to the full House floor for consideration.
Significant Dates in the 2026 Legislative Calendar:
- January 14: Session commences.
- February 17: Last day to introduce bills in the House; does not apply to bills originating in committee or appropriations bills.
- February 23: Last day to introduce bills in the Senate; does not apply to bills originating in committee or appropriations bills.
- March 1: Bills are due out of committee in house of origin.
- March 4: Last day to consider bills on third reading in house of origin (Cross-Over Day).
- March 14 (midnight): Session ends.
THE GOVERNOR'S STATE OF THE STATE
Governor Morrisey gave his second State of the State speech to an assembled audience consisting of all of the legislators, constitutional officers, the members of the appellate courts, and a full gallery. Perhaps the biggest highlight of his speech came when the Governor proposed a 10 percent reduction in the income tax. In addition, the Governor proposed an increase in higher education funding, a $100 million investment into the road program; over $4 billion in new energy investments; and requested a 3 percent pay raise for state employees. The Governor also touted the $199 million rural health transformation award, which amount could be expected to total more than $1 billion over the next five years, from the federal government to strengthen and extend the delivery of rural healthcare in the state. Emphasizing his own personal commitment to wellness, the Governor announced initiatives that promoted prevention of disease, overall wellness, and an acceptance of personal responsibility for one’s health. Finally, echoing legislative calls for addressing chronic issues in the child welfare system, the Governor underscored his desire to bring home some children who have been placed in out of state facilities by proposing the establishment of an investment fund designed to reduce out-of-state placements by rehabilitating existing in-state facilities equipped to take in those children.
LEGISLATION OF INTEREST
The following are bills of interest that have been introduced so far:
S.B. 1
This legislation was introduced in the Senate at the request of the Governor and establishes the Small Business Growth Act. Concisely, the legislation provides tax credit-based funding to a matching program for qualified investors to utilize for equity or debt investments into small businesses throughout the state. The program leverages $60 million in insurance premium tax credits, matched by $40 million of private capital, to establish a fund for qualified investments into businesses located in West Virginia with fewer than 250 employees. The House version was introduced as H.B. 4003. The legislation was single-referenced to the Finance Committee in both chambers.
S.B. 19
This bill prohibits the purchase of real property by aliens or foreign entities from certain designated countries, which are deemed to pose a significant risk to national security, including but not limited to China, Russia, Iran, and North Korea. The Attorney General is given the authority seek injunctive relief, divestment, or the imposition of a receivership over the property.
S.B. 23
This bill was introduced last year, and its purpose is to clarify that wind power projects are not considered pollution control facilities so that they no longer enjoy preferential tax treatment. Further, windmill projects are to be taxed at the real property rates, and not the much lower salvage value rate of 5 percent. The bill has been double-referenced, first to the Committee on Energy, Industry & Mining, then to Finance.
S.B. 42
The purpose of this bill is to permit a pharmacist to dispense Ivermectin for human use without a prescription. Pharmacists who dispense Ivermectin are not to be held liable for damages in any civil action, criminal prosecution, or professional disciplinary proceeding, provided that they act in good faith. Finally, healthcare providers shall not be subject to disciplinary action by any licensing board or other state regulatory agency for prescribing or recommending Ivermectin for any condition within their scope of practice. The bill has been double-referenced, first to the Committee on Health & Human Resources where it is expected to be taken up immediately, then to Judiciary.
