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HB 5363WEST VIRGINIASession 2026State Billdead

Did Not Advance

West Virginia Bill Authorizes Counties to Establish Daycare Facilities and Local Funding Mechanisms

Original title: Authorizing counties to establish a county daycare

Last action · February 9, 2026: To House Health and Human ResourcesSponsors: Sean Hornbuckle and 3 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

West Virginia counties are authorized to establish public daycare facilities and create a five-member managed through a voter-approved referendum or a petition signed by at least 10 percent of registered voters. The measure permits county commissions to propose a local tax, fee, or levy to fund the construction and operation of the daycare, provided that fees for daycare services are scaled based on the parents' or guardians' ability to pay. Alternatively, if a county commission can fully fund the daycare without new taxes, fees, or levies, it may establish the authority and facility on its own initiative without a public referendum.

Why it matters

County residents gain a formal mechanism to petition their local government for public daycare services and vote on dedicated tax, fee, or levy proposals to fund them. Participating counties obtain the legal authority to construct facilities, contract for operations, and set income-scaled user fees.

Background

House Bill 5363 was introduced during the 2026 Regular Session of the West Virginia Legislature by Delegates Hornbuckle, Lewis, Hansen, and Williams. context
The bill was referred to the House Committee on Health and Human Resources and subsequently to Finance. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

County resident voters

Voters gain the right to petition for a county daycare, participate in referendums on local taxes or fees, and utilize income-scaled daycare facilities.

Directly affected

County commissions

County commissions are tasked with verifying petitions, conducting economic and design studies, holding public hearings, publishing notices, and appointing the members of the County Daycare Authority.

Directly affected

Parents and guardians

Parents gain access to county daycare services with fees scaled according to their ability to pay.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

How can county residents initiate the creation of a county daycare?

Resident voters can submit a petition signed in their own handwriting by at least 10 percent of the registered voters who voted in the last gubernatorial election, prompting the county commission to place the question on the ballot at the next general election.

Who serves on the County Daycare Authority board?

The board consists of five members appointed to three-year terms: one county commissioner or designee, two parents of children who use or have used daycare, one finance and budgeting expert, and one expert in child development or education.

Can a county establish a daycare without a public vote?

Yes, if a county commission can fund the creation and management of the daycare without assessing any new fee, tax, or levy, it may establish the authority and daycare on its own initiative without holding a voter referendum.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions

Feb 9, 2026HouseCommittee
To House Health and Human Resources
Feb 9, 2026HouseIntroduced
Introduced in House
Feb 9, 2026HouseCommittee
To Health and Human Resources then Finance
Feb 9, 2026HouseIntroduced
Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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