WVRSOL 2026 Legislative Summary – UPDATE

By Philip . . . WVRSOL 2026 Legislative Summary – UPDATE 

WVRSOL 2026 Legislative Summary – Update: Clarification on 2026 Registry Fee Legislation

This post/message provides an important correction and clarification regarding recent legislative developments affecting the Central Abuse Registry (CAR) and Sex Offender Registry (SOR).

Correction to our Prior Communication

In a previous WVRSOL update, we advised that the proposed changes in HB-5413 had been enacted into law by SB-197. That statement was incorrect and requires clarification.

Current Legal Status

After final review of all enacted legislation from the 2026 session:

  • The provisions from HB-5413 were not enacted into law.
  • These provisions were not included in the final version of SB-197.
  • No other bill passed during the session incorporated these changes.

What Was Not Enacted

The following proposed updates did not become law:

  • CAR Annual Fee Due Date Change
    • Proposed: Move from January 30 to June 30.
    • Status: Not adopted
  • Fee Consolidation for Dual Registrants (SOR + CAR)
    • Proposed: One annual fee instead of two.
    • Status: Not adopted
  • Transfer of Fee Collection Authority
    • Proposed: Shift payments from county clerks to the West Virginia State Police.
    • Status: Not adopted

Source of Confusion

The misunderstanding appears to stem from:

  • An attempted amendment to SB-197 that would have included the HB-5413 provisions.
  • That amendment was ultimately withdrawn before adoption.
  • SB-197 was enacted without those provisions.

What This Means for Members

  • Current law does not reflect the proposed HB-5413 reforms.
  • Any changes to:
    • Fee structure,
    • Payment timing, and
    • Payment processing authority
      remain governed by existing statute unless modified in a future session.

Moving Forward

WVRSOL will continue to:

  • Update you all regarding the pending preliminary injunction in our fee litigation (Kaso et al. v. Mitchell [Fee Case]):
    • If granted, then the state will be restricted from collecting any SOR fees until the litigation is complete; else, if not granted, then
    • The state may collect the $125 SOR fee, due no later than 6/30/2026.

Recommendations:

  • Since the preliminary injunction in our fee litigation (Kaso et al. v. Mitchell [Fee Case]) is still pending, we would recommend you wait to pay the 2026 SOR fee until (a) the injunction is decided, or (b) mid-June before the due date.
  • If you have already taken action based on the prior communication, you should review your situation in light of this correction.

West Virginia Registry Fee Structure – 2026 Overview

To clarify the current fee requirements for the Sex Offender Registry (SOR) and the Central Abuse Registry (CAR), WVRSOL has created a summary and an interactive video (see below).

2026 Fee Summary: West Virginia Registry Fee Structure _Explained

Interactive Video: click here