West Virginia Senate passes broad slate of bills, including $2 million arts appropriation and repeal of newborn eye prophylaxis

CHARLESTON, W.Va. — The West Virginia Senate on April 9 approved a package of bills that included a $2 million supplemental appropriation for the Department of Arts, Culture and History, changes to charter school and education rule procedures, expansions to broadband and utility laws, and a disputed repeal of a long-standing newborn eye-treatment requirement.

The most immediate action was House Bill 3522, a $2,000,000 supplemental appropriation directed to the Cultural Facilities and Capital Resources Grant Program Fund. "I urge passage," the Senator from Lewis said as the measure advanced; the Senate approved the bill and later voted to make it effective from passage.

Why it matters: the bills taken up affect state budgets, education oversight, public-health practice and local government authority. Several drew extended debate — notably a health-code repeal that opponents said could reduce automatic prophylactic treatment at birth — while many other measures passed with little floor discussion.

Major floor debates and outcomes

- Newborn eye prophylaxis (Engrossed committee substitute for House Bill 3444): The Senate debated a measure that removes a statutory requirement that certain eye treatments be administered to newborns. Supporters framed the change as restoring parental choice and removing a medical standard from statute, while opponents said the prophylactic treatment—commonly erythromycin ointment—has been used for decades to prevent serious eye infections that can cause blindness. Senator from Cabell told colleagues, "Freedom has a price. Freedom is not free," arguing the state could face the cost if a child later suffers vision loss. The bill passed (vote tally: not specified in the transcript excerpted for this article). The debate included multiple exchanges between health-care–committee members and physicians on the floor about standard-of-care and rural access to prenatal care.

- Child welfare and facility licensure (Engrossed committee substitute for House Bill 2880 / Parent resource navigators and related provisions): The Senate adopted a strike-and-insert amendment placing licensure requirements and transparency measures for residential wilderness, outdoor and therapeutic boarding programs into the bill. The amendment included background checks, prohibitions on physical violence for compliance, reporting requirements for restraints, and a critical-incident review process. The amended bill passed on the floor.

- Education rule authority (Engrossed committee substitute for House Bill 2755): A contested measure affirming the State Board of Education’s authority to promulgate rules and requiring new legislative rules be submitted to the Legislative Rule-Making Review Committee passed after extended floor discussion about legislative primacy and constitutional precedents.

- Broadband and wireless siting (Engrossed committee substitute for House Bill 3144): The Senate passed legislation intended to streamline wireless deployment and promote consistent siting policies to encourage faster broadband expansion statewide.

Votes at a glance (selected bills from April 9 session)

- House Bill 3522 — Supplemental appropriation to Division of Arts, Culture and History (Cultural Facilities and Capital Resources Grant Program Fund). Outcome: Passed; constitutional-rule dispensation vote 34–0; final passage 34–0; made effective from passage 29–5.

- Engrossed House Bill 2120 (Forms and disclosures to the Ethics Commission). Outcome: Passed 34–0.

- Engrossed committee substitute for House Bill 2167? / House Bill 2167 (Public charter schools — consolidation of provisions including alternative high-risk population authorizations). Outcome: Passed 32–2.

- Engrossed House Bill 2402 (Access to a minor’s medical records). Outcome: Passed 32–2.

- Engrossed House Bill 2479 (County development authority membership minimum reduced). Outcome: Passed 34–0.

- Engrossed committee substitute for House Bill 2491 (Online raffles for qualifying colleges and universities). Outcome: Passed 21–13.

- Engrossed committee substitute for House Bill 2528 (Participation of nonpublic elementary/middle students in county athletic tournaments). Outcome: Passed 34–0.

- Engrossed House Bill 2742? / House Bill 2742 (Limited waiver from certificate of public convenience and necessity for certain water/sewer projects; Infrastructure and Jobs Development Council approvals). Outcome: Passed 32–2; made effective from passage 28–6.

- Engrossed committee substitute for House Bill 2755 (State Board of Education rule submission and legislative review). Outcome: Passed 19–15.

- Engrossed committee substitute for House Bill 2880 (Parent resource navigators; licensure and transparency for certain residential programs; includes portions of SB 817 and HB 3247). Outcome: Passed 33–1.

- Engrossed House Bill 2942 (DEP design-build program extension and project-value increase). Outcome: Passed 34–0.

- Engrossed House Bill 3000 (Updates to the commercial feed law; removal of sunset for spay/neuter assistance fund). Outcome: Passed 33–0 (1 absent).

- Engrossed House Bill 3133 (MOUs for demolition of dilapidated structures). Outcome: Passed 34–0.

- Engrossed committee substitute for House Bill 3144 (Wireless infrastructure siting and colocation). Outcome: Passed 34–0.

- Engrossed committee substitute for House Bill 3179 (Funding for failing public utilities — limits on forced acquisition). Outcome: Passed 34–0.

- Engrossed House Bill 3187 (West Virginia Task Force on Artificial Intelligence — expanded duties and extended termination date). Outcome: Passed (tally not specified in excerpt).

- Engrossed House Bill 3272 (Eviction-proceeding timing changes). Outcome: Passed 34–0.

- Engrossed House Bill 3274 (Reports of circuit court proceedings; electronic reporting authorized). Outcome: Passed 33–1.

- Engrossed House Bill 3275 (Timing for appeals — cleanup and referral to appellate rules). Outcome: Passed 33–1.

- Engrossed House Bill 3373 (Tourism Development Act sunset extension to Dec. 31, 2030 / effective 01/01/2031). Outcome: Passed 33–1.

- Engrossed committee substitute for House Bill 3440 (Treasurer’s office obsolete provisions). Outcome: Held over on the calendar.

- Engrossed committee substitute for House Bill 3444 (Inflammation of the eyes of newborns — repeal of statutory requirement). Outcome: Passed; the floor debate included several floor questions from members and back-and-forth about public-health implications and whether the statutory requirement duplicates established medical practice.

- Engrossed House Bill 3515 (Appointment authority for West Virginia State Police superintendent). Outcome: Passed 34–0.

Procedures and messages

Lawmakers also received executive messages, including certified annual reports and a gubernatorial proclamation extending the regular session by up to one day under Article 6, Section 51 of the West Virginia Constitution to allow completion of the budget bill. The message and proclamation were received and entered into the record.

What legislators emphasized

Sponsors and committee chairs repeatedly said the floor work advanced government efficiency, clarified statutory conflicts, or restored appropriate roles between professional standard-of-care and statutory language. For multiple bills floor sponsors concluded by saying "I urge passage." Those procedural and sponsor statements were recorded repeatedly by several senators, including the Senator from Lewis and the Senator from Ohio.

Opponents' concerns

The most sustained floor resistance focused on the repeal of the newborn eye-treatment statute (HB 3444). Opponents raised the possibility that removing a statutory requirement could lead to fewer newborns automatically receiving prophylactic treatment that has been used to prevent certain eye infections, especially in rural areas where prenatal care may be inconsistent. Senator from Cabell warned of potential downstream costs and harms, saying on the floor, "Freedom has a price. Freedom is not free."

What's next

Clerk communications show the Senate transmitted approved measures to the House. Near the end of the day, the Senate recessed until 2 p.m., concluding the April 9 session.

Votes and legislative text in this article are drawn from the Senate floor record for April 9, 2025. Where the transcript did not include a complete roll-call tally for a given motion in the excerpt available, the article notes that the specific tally was not specified in the provided transcript.