March 3, 2025 Edition

In Review

Under the Dome delivers a review of issues being considered by the West Virginia Legislature. It provides information on matters that impact WVU and higher education, as well as other hot topics being addressed that affect the Mountain State and its citizens. This edition includes information on DEI, PEIA and other topics.

DEI

Governor Morrisey’s Senate Bill 474 ending diversity, equity and inclusion programs largely codifies his Executive Order from January 12. However, it contains several exceptions, which if retained, would protect a state institution of higher education’s support of any of the following:

• Academic course instruction.
• Research or creative works by the state institutions of higher education’s students, faculty or other research personnel, and the dissemination of such research or creative works.
• Activities of registered student organizations.
• Arrangements for guest speakers and performers with short-term engagements.
• Mental or physical health services provided by licensed professionals.
• Services or support provided to individuals with learning, physical or neurological development disabilities.
• Policies, programming, training, practices, activities or procedures designed to prevent sexual harassment.
• Data collection.
• Sex-based educational opportunities such as science, technology, engineering, and mathematics (STEM) opportunities for women.
• Donor-designated scholarships.
• Single-sex athletic programs, events or teams.
• Single-sex spaces including restrooms, changing rooms, locker rooms, showers, sleeping quarters and dorms.
• Compliance with obligations under Title IX, Age Discrimination in Employment Act of 1972, Americans with Disabilities Act of 1990, Civil Rights Act of 1964, West Virginia Human Rights Act, West Virginia Code 5-11-1,or any other applicable federal or state law or court order.

The bill also exempts from the definition of DEI office or officers at state institutions of higher education all of the following:

• An office or position operating with the sole and exclusion mission of ensuring legal compliance under Title IX, ADEA, ADA, Civil Rights Act, West Virginia Humanities Act, WV Code 5-11-1, or any other applicable federal or state law or court order.
• An academic department that exists primarily for the purpose of offering courses for degree credit and that does not establish a policy or procedures to which other departments of the institution are subject.
• A registered student organization.
• An office or position engaged in providing services or support to individuals with learning, physical or neurological developmental disabilities.
• A unit which may provide resources to certain individuals as long as the resources are equally available to all employees or students regardless of race, color or ethnicity.
• Any faculty member while engaged in teaching, research or the production of creative works, the dissemination of the faculty member’s research or creative works, or advising a registered student organization.
• A guest speaker or performer with a short-term engagement.

Further, nothing in the bill limits or prohibits an institution of higher education or its employees from, for the purposes of applying for a grant or complying with terms of accreditation by an accrediting agency, submitting to the grantor or accrediting agency a statement that highlights the institution’s work in supporting:

• First-generation college students;
• Low-income students; or
• Underserved student populations

Four bills have been introduced to bring our University Police Department in line with comparable benefits all other law enforcement agencies receive in West Virginia.

Senate Bill 35 and Senate Bill 582 would allow campus police officers access to a State pension plan, while Senate Bill 603 and House Bill 2946 would ensure retirement benefits are tax-free, boosting financial security for officers.

Championing Athletics

Three bills have been introduced to protect and enhance WVU Athletics.

House Bill 2595 and Senate Bill 499 will authorize institutions of higher education to establish a nonprofit controlled by the institution to manage revenue sharing and Name Image Likeness (NIL) opportunities for student-athletes, maximize revenue-generating opportunities and efficiently conduct athletic business.

The University is also pursuing a bill to prohibit the NCAA or other oversight governing bodies from punishing institutions of higher education or student-athletes relating to revenue sharing and NIL opportunities. The bill has been introduced in the House as House Bill 2576 and will be considered by House Education and House Judiciary.

PEIA

A few bills have been introduced to reshape the Public Employees Insurance Agency and its health insurance program.

House Bill 2965 would redirect payments to PEIA to public employees in the form of a Health Savings Account, and House Bill 2968 would end PEIA as a public healthcare entity and permit PEIA to operate as a private healthcare insurance company.

The Government Relations Team will monitor these bills and provide additional information should they be considered by a legislative committee.

WVU BOG

House Bill 2727 would require at least one person on the West Virginia University Board of Governors and the West Virginia State University Board of Governors to have a background in agriculture or an agriculture-related field. The bill has been assigned to the House Education Committee, where the Higher Education Subcommittee will consider it in the near future.

Bill Tracking

Senate
SB 35 – Permitting campus police officers to participate in Deputy Sheriffs Retirement System
SB 299 – Modifying West Virginia Regulations on Pubertal Modulation, Hormonal Therapy, and Gender Reassignment
SB 300 – Budget Bill
SB 424 – Restoring Sanity Act
SB 435 – Updating West Virginia Law Institute
SB 447 – Creating Oral Health and Cancer Rights Act
SB 452 – Relating to Executive Branch Reorganization
SB 453 – Repealing Certificate of Need Process
SB 456 – Defining ‘Men’ and ‘Women’
SB 460 – Repealing Vaccine Requirements
SB 466 – Making Vaccines Voluntary and Not Mandatory
SB 474 – Ending Diversity, Equity and Inclusion Programs
SB 484 – Relating to Disclosures and Penalties Associated with Use of Synthetic Media and Artificial Intelligence
SB 499 – Nonprofit Athletics Act
SB 504 – Prohibiting Camping in Public Places
SB 519 – Adopting Statewide Public Camping Ban
SB 581 – School Attendance Policies and Participation in 4-H Activities
SB 582 – Campus Police Officers Participate in DNR Pension
SB 603 – Exempting Campus Police Officers Retirement from Taxes
SB 609 – Clarifying What Constitutes Trespassing on Higher Education Campuses

House
HB 2004 – Relating to Vaccine Requirements
HB 2005 – Ending DEI Programs
HB 2006 – Defining Men and Women
HB 2007 – Repealing Certificate of Need Process
HB 2008 – Executive Branch Reorganization
HB 2152 – Prompt Payment Act of 2025
HB 2166 – Establishing the Behavioral Health Workforce Education Initiative at HEPC
HB 2370 – Relating Generally to Mental Health Treatment
HB 2378 – Prohibit Needle Exchanges from Providing Services in West Virginia
HB 2382 – To Ban Homeless Camps in Municipalities
HB 2384 – To Allow Those Who Are 18-20 Years Old to Carry a Deadly Weapon Concealed without a Permit
HB 2396 – Removing Schools, Public Libraries and Museums from the List of Exemptions from Criminal Liability Relating to Distribution and Display to Minor of Obscene Matter
HB 2403 – Remove Hormone Blockers from Transgender Code
HB 2406 – Eliminate Woke, Anti-Women Words from State Government
HB 2411 – To Provide and Change Graduation Requirements and Change Duties Relating to Academic Content Standards
HB 2427 – Relating to Capitol Carry
HB 2430 – To Create State Civil Liability for Pharmaceutical Companies for Vaccine Injuries from COVID-19 Vaccines
HB 2481 – Businesses in West Virginia Must Accept Cash
HB 2485 – Exempt an Existing Hospital Under Certificate of Need to Move Their Facility Up to 10 Miles to a New Location
HB 2564 – Business and Public Area Liability Protection Act
HB 2574 – Relating to Nondiscrimination at Institutions of Higher Education
HB 2576 – Name Image Likeness Protection Act
HB 2595 – Nonprofit Athletics Act
HB 2653 – Updating West Virginia Law Institute
HB 2697 – Prohibit Higher Education Institutions from Charging for Transcripts
HB 2727 – Requiring One Member of WVU and WVSU Board of Governors Have Agricultural Background
HB 2739 – Removing the West Virginia Helmet Law
HB 2773 – Higher Education Rules Bundle
HB 2782 – In God We Trust Act
HB 2833 – Hunger Free Campus Act
HB 2855 – Statewide Common Definition of First-Gen for College Admission
HB 2875 – Creating the American Campuses Act
HB 2879 – Creation of the West Virginia Math and Science Teacher Scholarship Act
HB 2928 – Young Professionals Tax Credit
HB 2946 – Exempting Campus Police Officers Retirement from Taxes
HB 2954 – Requiring Medical Professionals Report Vaccine Injuries and Side Effects
HB 2958 – Clarifying What Constitutes Trespassing on Higher Education Campus
HB 2965 – Redirect PEIA Payments to Health Savings Account
HB 2968 – Cessation of PEIA and Allowing PEIA Operate as Private Insurance Company
HB 2981 – Relating to Constitutional Fleet Management Act
HB 3024 – Guaranteed Course Transfer Policies

Legislative Calendar

Wednesday, March 5        WVU and WVU Extension Day
Tuesday, March 18        Last Day to Introduce Bills in House of Delegates
Monday, March 24        Last Day to Introduce Bill in State Senate    
Tuesday, March 25        Undergraduate Research Day
Sunday, March 30        Bills Due Out of Committee
Wednesday, April 2        Final Day to Consider Bills on Third Reading (50th Day)
Saturday, April 12        Adjournment at Midnight (60th Day)

More Information

To learn more about the Legislature, including district maps, committee assignments, bill tracking and a summary of daily activities, please visit wvlegislature.gov.

To learn more about WVU’s government relations and legislative initiatives, please visit governmentrelations.wvu.edu or contact Travis Mollohan, associate vice president for government relations and collaboration, at tmolloh1@mail.wvu.edu or Dan Kimble, director of state relations, at dkimble3@mail.wvu.edu.