WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
House Bill 4274
BY DELEGATES SUMMERS, TULLY, HITE, ROHRBACH, AND
FEHRENBACHER
[Passed January 22, 2024; In effect from passage.]
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1 AN ACT to amend and reenact §4-10-8 of the Code of West Virginia, 1931; to amend and reenact
2 §5-1E-1 and §5-1E-2 of said code; to repeal §5-5-4 of said code; to amend and reenact
3 §5-6-4 of said code; to amend and reenact §5-10C-3 of said code; to amend and reenact
4 §5-14-3 and §5-14-5 of said code; to amend and reenact §5-16-2 and §5-16-18 of said
5 code; to amend and reenact §5-16B-1, §5-16B-2, §5-16B-4 and §5-16B-10 of said code;
6 to amend and reenact §5-26-1 of said code; to amend and reenact §5-29-2 of said code;
7 to amend and reenact §5A-1A-2 of said code; to repeal §5A-2-34 of said code; to amend
8 and reenact §5A-3-1a and §5A-3-3b of said code; to amend and reenact §5B-2-15; to
9 amend and reenact §5F-1-2; to amend and reenact §6-7-2a of said code; to amend and
10 reenact §7-1-3a of said code; to amend and reenact §7-4-4 of said code; to amend and
11 reenact §7-10-2; to amend and reenact §8-19-21 of said code; to amend and reenact §8A-
12 1-2 of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-
13 6a, and §9-2-10 of said code; to repeal §9-2-9 of said code; to amend and reenact §9-3-
14 4, §9-3-5 and §9-3-6 of said code; to amend and reenact §9-4A-2, §9-4A-2a, §9-4A-2b
15 and §9-4A-4 of said code; to amend and reenact §9-4B-1 and §9-4B-4 of said code; to
16 amend and reenact §9-4C-1, §9-4C-7 and §9-4C-8 of said code; to amend and reenact
17 §9-4D-2 and §9-4D-9 of said code; to amend and reenact §9-5-9, §9-5-11, §9-5-11a, §9-
18 5-11b, §9-5-11c, §9-5-12a, §9-5-15, §9-5-16a, §9-5-19, §9-5-26, §9-5-27, §9-5-29 and §9-
19 5-30 of said code; to repeal §9-5-25 of said code; to amend and reenact §9-6-1, §9-6-2,
20 §9-6-9, §9-6-11 and §9-6-16 of said code; to amend and reenact §9-7-1, §9-7-2, §9-7-3,
21 §9-7-4, §9-7-5, §9-7-6, §9-7-6a and §9-7-8 of said code; to amend and reenact §9-8-1 of
22 said code; to amend and reenact §9-9-3, §9-9-16 and §9-9-21 of said code; to amend and
23 reenact §9-10-1, §9-10-2 and §9-10-3 of said code; to repeal §9-10-6 of said code; to
24 amend and reenact §11-10-5u of said code; to amend and reenact §11-13I-3 of said code;
25 to amend and reenact §11-27-3 and §11-27-30 of said code; to amend and reenact §11B-
26 2-15 of said code; to amend and reenact §12-3-10e of said code; to amend and reenact
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27 §12-3A-4 and §12-3A-5 of said code; to amend and reenact §15-1E-76b of said code; to
28 amend and reenact §15-1I-2 of said code; to amend and reenact §15-2-55 of said code;
29 to amend and reenact §15-2C-1, §15-2C-2, §15-2C-4 and §15-2C-7 of said code; to
30 amend and reenact §15-3D-3 of said code; to amend and reenact §15-12-2 of said code;
31 to amend and reenact §15-13-2 and §15-13-5 of said code; to amend and reenact §15-
32 14-5, §15-14-7 and §15-14-9 of said code; to amend and reenact §15A-4-11 and §15A-4-
33 12 of said code; to amend and reenact §16-1-2 and §16-1-20 of said code; to amend and
34 reenact §16-1A-1, §16-1A-2, §16-1A-3 and §16-1A-4 of said code; to amend and reenact
35 §16-1C-1 and §16-1C-4 of said code; to amend and reenact §16-2-2 of said code; to
36 amend and reenact §16-2B-1, §16-2B-2 and §16-2B-3 of said code; to amend and reenact
37 §16-2D-2 and §16-2D-11 of said code; to amend and reenact §16-2H-2 of said code; to
38 amend and reenact §16-3C-1 of said code; to amend and reenact §16-3D-2 of said code;
39 to amend and reenact §16-4-1 of said code; to amend and reenact §16-4C-3, §16-4C-4
40 and §16-4C-24 of said code; to amend and reenact §16-4D-2 of said code; to amend and
41 reenact §16-4E-2, §16-4E-4 and §16-4E-6 of said code; to amend and reenact §16-4F-1
42 and §16-4F-5 of said code; to amend and reenact §16-5-1 and §16-5-3 of said code; to
43 amend and reenact §16-5A-5 of said code; to amend and reenact §16-5K-2, §16-5K-3,
44 §16-5K-4 and §16-5K-6 of said code; to amend and reenact §16-5L-5, §16-5L-10, §16-
45 5L-14 and §16-5L-15 of said code; to amend and reenact §16-5P-7 of said code; to amend
46 and reenact §16-5Q-2 and §16-5Q-4 of said code; to amend and reenact §16-5R-3 and
47 §16-5R-4 of said code; to amend and reenact §16-5S-5 of said code; to amend and
48 reenact §16-5T-2 and §16-5T-5 of said code; to amend and reenact §16-5CC-1 and §16-
49 5CC-2 of said code; to amend and reenact §16-7-3 and §16-7-8 of said code; to amend
50 and reenact §16-8-2 of said code; to amend and reenact §16-9A-7 of said code; to amend
51 and reenact §16-22A-3 and §16-22A-4 of said code; to amend and reenact §16-22B-2 of
52 said code; to amend and reenact §16-29B-2, §16-29B-3, §16-29B-5, §16-29B-12 and §16-
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53 29B-25 of said code; to amend and reenact §16-29D-3, §16-29D-7 and §16-29D-8 of said
54 code; to amend and reenact §16-29G-1a, and §16-29G-2 of said code; to amend and
55 reenact §16-30-8 and §16-30-25 of said code; to amend and reenact §16-30C-13 of said
56 code; to amend and reenact §16-32-2 of said code; to amend and reenact §16-33-2 of
57 said code; to amend and reenact §16-34-2, §16-34-3, §16-34-5, §16-34-6, §16-34-9 and
58 §16-34-13 of said code; to amend and reenact §16-37-2 and §16-37-4 of said code; to
59 amend and reenact §16-38-3 of said code; to amend and reenact §16-42-1 of said code;
60 to amend and reenact §16-44-2 of said code; to amend and reenact §16-48-5 and §16-
61 48-6 of said code; to amend and reenact §16-50-1; to amend and reenact §16-53-1, §16-
62 53-2 and §16-53-3 of said code; to amend and reenact §16-57-3 and §16-57-4 of said
63 code; to amend and reenact §16-59-1 of said code; to amend and reenact §16A-2-1 of
64 said code; to amend and reenact §16A-4-3 of said code; to amend and reenact §16A-15-
65 6 of said code; to amend and reenact §17-4A-3 of said code; to amend and reenact §17-
66 28-10 of said code; to amend and reenact §17C-15-26 of said code; to amend and reenact
67 §18-2-5b, §18-2-9 and §18-2-13h of said code; to amend and reenact §18-2K-2 of said
68 code; to amend and reenact §18-5-15c of said code; to amend and reenact §18-5-42 and
69 §18-5-44 of said code; to amend and reenact §18-5D-4 of said code; to amend and
70 reenact §18-7B-2 of said code; to amend and reenact §18-10K-1 of said code; to amend
71 and reenact §18-10M-6 of said code; to amend and reenact §18-20-11 of said code; to
72 amend and reenact §18-21-1, §18-21-2, §18-21-3 and §18-21-4 of said code; to amend
73 and reenact §18A-2-8 of said code; to amend and reenact §18A-4-17 of said code; to
74 amend and reenact §18B-10-7b of said code; to amend and reenact §18B-16-3 of said
75 code; to amend and reenact §18C-3-1 of said code; to amend and reenact §19-1-7 of said
76 code; to amend and reenact §19-11E-1 and §19-11E-17 of said code; to amend and
77 reenact §19-12A-1a, §19-12A-2, §19-12A-5 and §19-12A-6 of said code; to amend and
78 reenact §19-29-1 and §19-29-3 of said code; to amend and reenact §19-30-2 of said code;
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79 to amend and reenact §19-34-5 of said code; to amend and reenact §20-5J-2, §20-5J-3
80 and §20-5J-5 of said code; to amend and reenact §20-5K-2 and §20-5K-3 of said code; to
81 amend and reenact §21A-6-16 and §21A-6-17 of said code; to amend and reenact §22-
82 5-9 of said code; to amend and reenact §22-15A-10 of said code; to amend and reenact
83 §22-18-6 and §22-18-7 of said code; to amend and reenact §22-30-21 of said code; to
84 amend and reenact §22C-3-4 of said code; to amend and reenact §24-2A-5 of said code;
85 to amend and reenact §24-2C-4 of said code; to amend and reenact §27-1-7 of said code;
86 to amend and reenact §27-1A-4, §27-1A-6 and §27-1A-12 of said code; to amend and
87 reenact §27-2-1 of said code; to amend and reenact §27-2A-1 of said code; to amend and
88 reenact §27-5-1, §27-5-1b, §27-5-2, §27-5-4, §27-5-9 and §27-5-11 of said code; to
89 amend and reenact §27-6A-1 and §27-6A-12 of said code; to amend and reenact §29-12-
90 5 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said code; to
91 amend and reenact §29-20-1, §29-20-2, §29-20-3, §29-20-4 and §29-20-6 of said code;
92 to amend and reenact §29-22A-19 of said code; to amend and reenact §29-30-8, §29-30-
93 9 and §29-30-11 of said code; to amend and reenact §29-31-2 of said code; to amend and
94 reenact §30-3-7 of said code; to amend and reenact §30-4-3 of said code; to amend and
95 reenact §30-7B-4 of said code; to amend and reenact §30-30-16 and §30-30-30 of said
96 code; to amend and reenact §31-15A-7 of said code; to amend and reenact §31A-2A-4 of
97 said code; to amend and reenact §33-15B-3 of said code; to amend and reenact §33-25A-
98 7b, §33-25A-9, §33-25A-17, §33-25A-18, §33-25A-27 and §33-25A-36 of said code; to
99 amend and reenact §33-25B-6 of said code; to amend and reenact §33-25D-18, §33-25D-
100 20 and §33-25D-29 of said code; to amend and reenact §33-46-18 of said code; to amend
101 and reenact §33-54-2 of said code; to amend and reenact §33-55-1 of said code; to amend
102 and reenact §33-56-1 of said code; to amend and reenact §33-59-1 of said code; to amend
103 and reenact §44-16-3 of said code; to amend and reenact §44A-1-8, §44A-1-9 and §44A-
104 1-15 of said code; to amend and reenact §44A-2-2 of said code; to amend and reenact
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105 §44A-3-11 of said code; to amend and reenact §46A-6L-102 of said code; to amend and
106 reenact §48-1-104, §48-1-206 and §48-1-236 of said code; to amend and reenact §48-2-
107 701 and §48-2-702 of said code; to amend and reenact §48-9-209 of said code; to amend
108 and reenact §48-11-105 of said code; to amend and reenact §48-14-102, §48-14-407,
109 §48-14-413 and §48-14-414 of said code; to amend and reenact §48-17-101 and §48-17-
110 102 of said code; to amend and reenact §48-18-101, §48-18-118 and §48-18-126 of said
111 code; to amend and reenact §48-19-103 of said code; to amend and reenact §48-22-104
112 of said code; to amend and reenact §48-23-301 of said code; to amend and reenact §48-
113 26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-501, §48-26-502 and §48-26-801
114 of said code; to amend and reenact §48-27-206 of said code; to amend and reenact §49-
115 1-104, §49-1-106, §49-1-202, §49-1-206 and §49-1-208 of said code; to amend and
116 reenact §49-2-106, §49-2-110a, §49-2-111a, §49-2-125, §49-2-301, §49-2-302, §49-2-
117 303, §49-2-401, §49-2-502, §49-2-503, §49-2-504, §49-2-604, §49-2-605, §49-2-701,
118 §49-2-708, §49-2-802, §49-2-803, §49-2-804, §49-2-813, §49-2-814, §49-2-901, §49-2-
119 903, §49-2-906, §49-2-913, §49-2-1001, §49-2-1002, §49-2-1003, §49-2-1004, §49-2-
120 1005 and §49-2-1006 of said code; to amend and reenact §49-4-104, §49-4-108, §49-4-
121 112, §49-4-114, §49-4-202, §49-4-203, §49-4-401, §49-4-402, §49-4-403, §49-4-408,
122 §49-4-501, §49-4-704, §49-4-705, §49-4-706, §49-4-711, §49-4-726, §49-4-801 and §49-
123 4-803 of said code; to amend and reenact §49-5-101 and §49-5-106 of said code; to
124 amend and reenact §49-6-103, §49-6-105, §49-6-110, §49-6-113 and §49-6-116 of said
125 code; to amend and reenact §49-7-102, §49-7-201, §49-7-202 and §49-7-204 of said
126 code; to amend and reenact §49-8-1 of said code; to amend and reenact §51-2A-21 of
127 said code; to amend and reenact §53-8-17 of said code; to amend and reenact §55-7B-
128 9c of said code; to amend and reenact §55-19-3 of said code; to amend and reenact §60A-
129 9-5 and §60A-9-8 of said code; to amend and reenact §60A-11-1, §60A-11-2 and §60A-
130 11-3 of said code; to amend and reenact §61-2-14a, §61-2-14h and §61-2-29b of said
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131 code; to amend and reenact §61-7A-3 and §61-7A-4 of said code; to amend and reenact
132 §61-8D-3 and §61-8D-4 of said code; to amend and reenact §61-11-26a of said code; to
133 amend and reenact §61-11A-6 of said code; to amend and reenact §61-12-12 of said
134 code; to amend and reenact §61-14-7 of said code; to amend and reenact §62-1D-2 of
135 said code; to amend and reenact §62-12-2 of said code; to amend and reenact §62-15B-
136 1, all relating to renaming the Department of Health and Human Resources.
Be it enacted by the Legislature of West Virginia:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. PERFORMANCE REVIEW ACT.
§4-10-8. Schedule of departments for agency review.
1 (a) Each department shall make a presentation, pursuant to the provisions of this article,
2 to the joint standing committee and the committee during the first interim meeting after the regular
3 session of the year in which the department is to be reviewed pursuant to the schedule set forth
4 in subsection (b) of this section.
5 (b) An agency review shall be performed on one or more agencies under the purview of
6 each department at least once every seven years, as follows:
7 (1) 2017: The Department of Revenue and the Department of Commerce;
8 (2) 2018: The Department of Environmental Protection and the Department of Military
9 Affairs and Public Safety;
10 (3) 2019: Department of Human Services, the Department of Health, and the Department
11 of Health Facilities, including the Bureau of Senior Services;
12 (4) 2020: The Department of Transportation;
13 (5) 2021: The Department of Administration;
14 (6) 2022: The Department of Education, the Higher Education Policy Commission and the
15 West Virginia Council for Community and Technical College Education; and
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16 (7) 2023: The Department of Veterans' Assistance and the Department of Education and
17 the Arts.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.
§5-1E-1. Findings and purposes.
1 The Legislature finds and declares that the rise in obesity and related weight problems
2 accompanied by the resulting incidence of chronic disease has created a health care crisis that
3 burdens the health care infrastructure of the state. The Legislature also finds that the State of
4 West Virginia must take an informed, sensitive approach to communicate and educate the citizens
5 of the state about health issues related to obesity and inappropriate weight gain. The Legislature
6 further finds that the state must take action to assist West Virginia citizens in engaging in healthful
7 eating and regular physical activity. The Legislature further finds that the state must invest in
8 research that improves understanding of inappropriate weight gain and obesity. These efforts are
9 needed to coordinate the state's interest in improving the health of its citizens and in reducing the
10 cost of health care. Therefore, it is the purpose of this article to create, as an integral part of the
11 Department of Health, an entity to coordinate the efforts of all agencies to prevent and remedy
12 obesity and related weight problems and to ensure that all citizens are being educated on this
13 serious health risk that is affecting the state.
§5-1E-2. Creation of the Office of Healthy Lifestyles.
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1 There is hereby created the Office of Healthy Lifestyles within the Department of Health.
2 The management of this office shall be provided in the manner determined by the Secretary of
3 the Department of Health to be in the best interest of the state and its citizens.
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-4. Department of Health and Human Resources salary adjustment.
1 [Repealed]
ARTICLE 6. STATE BUILDINGS.
§5-6-4. Powers of commission.
1 (a) The commission has the power:
2 (1) To sue and be sued, plead, and be impleaded;
3 (2) To have a seal and alter the same at pleasure;
4 (3) To contract to acquire and to acquire, in the name of the commission or of the state,
5 by purchase, lease, lease-purchase or otherwise, real property or rights or easements necessary
6 or convenient for its corporate purposes and to exercise the power of eminent domain to
7 accomplish those purposes;
8 (4) To acquire, hold and dispose of personal property for its corporate purposes;
9 (5) To make bylaws for the management and regulation of its affairs;
10 (6) With the consent of the Attorney General of the State of West Virginia, to use the
11 facilities of his or her office, assistants and employees in all legal matters relating to or pertaining
12 to the commission;
13 (7) To appoint officers, agents and employees and fix their compensation;
14 (8) To make contracts, and to execute all instruments necessary or convenient to
15 effectuate the intent of, and to exercise the