West Virginia 2026 Session Status: Enacted Bipartisan · 2 R · 1 D cosponsors

HB 4599 — Relating to the WV Cares background check variance process

Last action — Chapter 139, Acts, Regular Session, 2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 92% · high confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill addresses the background check variance process for WV Cares.

The legislation focuses on the procedure for obtaining variances in background checks within the WV Cares program. It intends to streamline how exceptions can be made for background check requirements.

Summary

Relating to the WV Cares background check variance process

Bill Text

What changed in the latest version

52 added · 36 removed

Plain-language change summary

The recent amendments to Bill HB 4599 clarify the timeframe for decisions regarding background checks under the West Virginia Clearance for Access program. The director must now provide a decision on variance requests within 30 days after an ineligibility determination and establish a more structured timeline for other cases. These changes are important because they aim to speed up the response process for applicants, ensuring that they are informed in a timely manner about their eligibility for employment in sensitive positions. This can help reduce delays for individuals seeking work in covered roles.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 4599 By Delegates Burkhammer, Worrell, and Pushkin [Originating in the Committee on Health and Human Resources;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 4599 BY DELEGATEBURKHAMME, ORREL,ANDPUSHKIN [Passed March 9, 2026;
Reported on February 12, 2026] Eng CS for HB 4599 A BILL to amend and reenact §16B-15-3, §16B-15-5 and §16B-15-7 of the Code of West Virginia, 1931, as amended, relating to modifying the West Virginia Clearance for Access:
in effect 90 days from passage (June 7, 2026)] Enr CS for HB 4599 AN ACT to amend and reenact §16B-15-3, §16B-15-5 and §16B-15-7 of the Code of West Virginia, 1931, as amended, relating to modifying the West Virginia Clearance for Access:
Eng CS for HB 4599 (g) An applicant shall submit to a subsequent required prescreening and background check 90 days prior but no later than 60 days to the expiration date of the clearance.
Enr CS for HB 4599 (g) An applicant shall submit to a subsequent required prescreening and background check 90 days prior but no later than 60 days to the expiration date of the clearance.
(d) The director shall mail to the applicant and the department's bureau, covered provider, or covered contractor a written decision within 60 days of receipt of the request indicating whether a variance has been granted or denied.
(d) The director shall send notice to the applicant and the department's bureau, covered provider, or covered contractor of the written decision indicating whether a variance has been granted or denied within 30 days of receipt of the written request, if the written request is submitted after receipt of an ineligibility determination, or within 60 days of receipt of the written request if the written request is submitted at the same time as the application.
The director shall send notice to the applicant and the department's bureau, covered provider, or covered contractor of the written decision indicating whether a variance has been granted or denied within 30 days of receipt of the written request, if the written request is submitted after receipt of an ineligibility determination, or within 60 days of receipt of the written request if the written request is submitted at the same time as the application.  (e) If an applicant believes that their criminal history record information within this state is incorrect or incomplete, they may challenge the accuracy of such information by writing to the State Police for a personal review.
(e) If an applicant believes that their criminal history record information within this state is incorrect or incomplete, they may challenge the accuracy of such information by writing to the State Police for a personal review.
However, if the discrepancies are at the charge or final Eng CS for HB 4599 disposition level, the applicant must address this with the court or arresting agency that submitted the record to the State Police.
However, if the discrepancies are at the charge or final disposition level, the applicant must address this with the court or arresting agency that submitted the record to the State Police.
(f) If an applicant believes that their criminal history record information outside this state is incorrect or incomplete, they may appeal the accuracy of such information by contacting the Federal Bureau of Investigation for instructions.
Enr CS for HB 4599 (f) If an applicant believes that their criminal history record information outside this state is incorrect or incomplete, they may appeal the accuracy of such information by contacting the Federal Bureau of Investigation for instructions.
(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval clearance by an approved variance from the director to work for or with the same type of covered provider or covered contractor;
(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior clearance by an approved variance from the director to work for or with the same type of covered provider or covered contractor;
Enr CS for HB 4599 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 5
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Action History

  1. Filed for introduction

  2. To Health and Human Resources then Judiciary

  3. Introduced in House

  4. To House Health and Human Resources

  5. Markup Discussion

  6. By substitute, do pass, but first to Judiciary

  7. 2nd reference dispensed

  8. On 1st reading, Special Calendar

  9. Read 1st time

  10. On 2nd reading, Special Calendar

  11. Read 2nd time

  12. On 3rd reading, Special Calendar

  13. Read 3rd time

  14. Passed House (Roll No. 127)

  15. Communicated to Senate

  16. Introduced in Senate

  17. To Health and Human Resources

  18. To Health and Human Resources

  19. Reported do pass

  20. On 1st reading

  21. Read 1st time

  22. On 2nd reading

  23. Read 2nd time

  24. On 3rd reading

  25. Read 3rd time

  26. Passed Senate (Roll No. 376)

  27. Communicated to House

  28. Completed legislative action

  29. House received Senate message

  30. To Governor 3/10/2026 - Senate Journal

  31. To Governor 3/10/2026

  32. Approved by Governor 3/17/2026 - Senate Journal

  33. Approved by Governor 3/17/2026

  34. Approved by Governor 3/17/2026 - House Journal

  35. Chapter 139, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Roll Call

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Democrat 4000
Unaffiliated 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

PASSAGE

Passed 94 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 84004
Democrat 9000
Unaffiliated 1002
Total 94006
% of votes cast 94%0%0%6%
How each member voted (100)
Member Party Vote
Flanigan — Yea
Kump — Not Voting
Linville — Not Voting
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Not Voting
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Bell Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Not Voting
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Not Voting
George Street Republican Yea
Gregory A. Watt Republican Yea
Guy Ward Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Jordan Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Not Voting
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4599 do?
Relating to the WV Cares background check variance process
Who sponsors HB 4599?
HB 4599 is sponsored by Adam Burkhammer (Republican), Evan Worrell (Republican), and Mike Pushkin (Democrat).
What is the current status of HB 4599?
This bill has been enacted into law. Introduced January 20, 2026. Enacted.
Where can I track HB 4599?
Track HB 4599 free on One Click Politics — get push/email alerts when it moves.

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