WEST virginia legislature

2026 regular session

Enrolled

Senate Bill 553

By Senators Woelfel and Rucker

[Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)]

 

AN ACT to amend and reenact §30-42-7 and §30-42-9 of the Code of West Virginia, 1931, as amended, relating to transfer of contractor licenses; and providing for the transfer of a license to a contractor’s qualifying immediate family member.

Be it enacted by the Legislature of West Virginia:

 

Article 42. West Virginia Contractor Licensing Act.

§30-42-7. Application for, issuance, and transfer of license.

 

(a) A person desiring to be licensed as a contractor under this article shall submit to the board a written application requesting licensure, providing the applicant’s Social Security number and such other information as the board may require on forms supplied by the board. The applicant shall pay a license fee not to exceed $150: Provided, That electrical contractors already licensed under §29-3B-4 of this code shall pay no more than $20.

(b) No license may be issued without examination pursuant to this subsection: Provided, That any person issued a contractor’s license by the board pursuant to this subsection may apply to the board for transfer of the license to a new business entity in which the license holder is the principal owner, partner, or corporate officer: Provided, however, That a license holder may hold a license on behalf of only one business entity during a given time period. The board may transfer the license issued pursuant to this subsection to the new business entity without requiring examination of the license holder.

(c) Notwithstanding the provisions of §30-42-7(b) of this code, any person issued a contractor’s license by the board may apply to the board for transfer of the license to an immediate family member: Provided, That in order to maintain the license for longer than one year following the date of transfer, any immediate family member license transferee must successfully complete whatever examination the board may require within one year of the transfer: Provided further, that the license may not be subsequently transferred again prior to the initial transferee successfully completing whatever examination the board may require, unless the transferee dies or becomes permanently incapacitated prior to examination, in which case the provisions of §30-42-7(d) of this code shall control;

(d)  In the event of a license holder’s death or permanent incapacity, an immediate family member of the license holder, within one year of the license holder’s death or incapacity, may apply to the board for transfer of the license, and shall be subject to the same restrictions and requirements placed upon an immediate family member transferee as set forth in §30-42-7(c) of this code.

(e) The board may transfer a license to an immediate family member pursuant to application made under §30-42-7(c) or §30-42-7(d) of this code for a one-year period without requiring examination of the transferee if the immediate family member demonstrates to the satisfaction of the board that he or she:

(1) Has been actively involved in the management or operation of a business entity in which the original license holder is or was the principal owner, partner, or corporate officer; or

(2) Employs or retains a person who meets the minimum qualifications for applicants for examination and license in the relevant class of contractor set by the board pursuant to §30-42-5(a)(1) of this code.

(f) In the case of a person who is transferred a license by the board pursuant to §30-42-7(e) of this code and who holds the license on behalf of a business entity, the license shall remain valid for the business entity: (i) only one year following the date of transfer prior to the transferee’s successful completion of whatever examination the board may require; and (ii) only so long as the transferee license holder remains the principal owner, partner, or corporate officer of the business entity.

(g) For purposes of §§30-42-7(c), (d), (e) and (f) of this code, "immediate family member" means a spouse, child, sibling, or parent of a person issued a contractor’s license by the board.

 

§30-42-9. Unlawful use, assignment, transfer of license; revocation.

 

No license may be used for any purpose by any person other than the person to whom the license is issued or validly transferred. No license may be assigned, transferred, or otherwise disposed of so as to permit the unauthorized use thereof. No license issued pursuant to the provisions of §30-42-7(b) or (c) of this code may be assigned, transferred, or otherwise disposed of except as provided in said subsections. Any person who violates this section is subject to the penalties imposed in §30-42-14 of this code.

 

The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

 

 

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Clerk of the Senate

 

 

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Clerk of the House of Delegates

               

 

 

Originated in the Senate.

 

In effect 90 days from passage.

 

 

 

 

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President of the Senate

 

 

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Speaker of the House of Delegates

 

 

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The within is ................................................ this the...........................................

 

Day of ..........................................................................................................., 2026.

 

 

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Governor