# West Virginia HB 5638: Relating to the requirements of the state’s cyber security program and responsibilities and authority of the state chief information security officer West Virginia HB 5638, Relating to the requirements of the state’s cyber security program and responsibilities and authority of the state chief information security officer, is a 2026 Regular Session House bill sponsored by Linville; status signed, last action 2026-06-29 (Chapter 192, Acts, Regular Session, 2026) (as of 2026-11-04). - Canonical: https://policyrisk.com/state-bill/WV-HB5638-2026rs - As of: 2026-11-04 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: West Virginia HB 5638 - State: West Virginia - Session: 2026 Regular Session - Title: Relating to the requirements of the state’s cyber security program and responsibilities and authority of the state chief information security officer - Status: signed - Chamber: House - Introduced: 2026-02-17 - Last action: 2026-06-29, Chapter 192, Acts, Regular Session, 2026 - Sponsor: Linville - Cosponsors: 0 - Subjects: §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4, §5A-6B-5, §5A-6B-6 - Touches household money: no - Roll calls: 3 (223 yes, 1 no in all) - Economic provisions PRIA read: 6 ## Summary No summary available. ## Bill overview: provisions PRIA read - Annual cybersecurity report to state leaders: benefit, low. Each year by December 1, the CISO reports to the Governor and the Joint Committee on Government and Finance. The report explains the cybersecurity program’s status, recommends any law changes, and summarizes the year’s agency reviews. It also lists major IT modernization work by the Office of Techn… - Sensitive cybersecurity records kept confidential: benefit, low. Cybersecurity risk assessments, program reviews, plans of action and milestones, and remediation plans are not public records. The law keeps any details that could expose risks or threaten critical systems confidential. This protects government technology, public safety, and public health. - Software contracts cannot lock in hardware: benefit, low. The CISO and Chief Information Officer ensure software licenses do not limit the state’s hardware choices. If software runs on standard desktops or servers, contracts must let the state choose its own hardware. This reduces vendor lock-in and helps deployments. - State cybersecurity office sets uniform rules: benefit, low. Beginning June 12, 2026, the state runs a centralized Cybersecurity Office led by a Chief Information Security Officer (CISO). The CISO sets statewide cybersecurity policies, standards, risk assessments, training, and privacy impact checks. The office provides a cyber risk management service and he… - Some agencies exempt; can opt in for fees: mixed, low. Higher education, the State Police, listed constitutional officers, the Legislature, and the Judiciary are exempt from these cybersecurity rules. Those entities may choose to join the program. If they opt in, they do so under fee-based agreements set by the state. The law does not set fee amounts. - Yearly cyber reviews and possible charges: mixed, low. Agencies and information custodians subject to the law must follow the statewide cyber standard and complete risk assessments. They must join at least one annual cybersecurity program review before November 30 each year and submit any policy exceptions to the CISO. The review checks readiness, data… ## Sponsors and cosponsors - Sponsor: Linville ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-03-14 | House | House concurred in Senate amendment and passed bill (Roll No. 644) | pass | 96 | 1 | | | 2026-03-12 | Senate | Passed Senate (Roll No. 514) | pass | 34 | 0 | | | 2026-03-02 | House | Passed House (Roll No. 251) | pass | 93 | 0 | | ## Actions (38) - 2026-06-29: Chapter 192, Acts, Regular Session, 2026 (House) - 2026-04-01: Approved by Governor 4/1/2026 (House) - 2026-03-25: To Governor 3/25/26 (House) - 2026-03-14: House received Senate message (House) - 2026-03-14: House concurred in Senate amendment and passed bill (Roll No. 644) (House) - 2026-03-14: Communicated to Senate (House) - 2026-03-14: Completed legislative action (House) - 2026-03-14: House Message received (Senate) - 2026-03-14: To Governor 3/25/2026 - Senate Journal (Senate) - 2026-03-14: Approved by Governor 4/1/2026 - Senate Journal (Senate) - 2026-03-14: Approved by Governor 4/1/2026 - House Journal (House) - 2026-03-12: On 3rd reading (Senate) - 2026-03-12: Read 3rd time (Senate) - 2026-03-12: Passed Senate (Roll No. 514) (Senate) - 2026-03-12: Senate requests House to concur (Senate) - 2026-03-11: On 2nd reading (Senate) - 2026-03-11: Read 2nd time (Senate) - 2026-03-11: Committee amendment adopted (Voice vote) (Senate) - 2026-03-10: Reported do pass, with amendment (Senate) - 2026-03-10: Immediate consideration (Senate) - 2026-03-10: Read 1st time (Senate) - 2026-03-04: Introduced in Senate (Senate) - 2026-03-04: To Government Organization (Senate) - 2026-03-04: To Government Organization (Senate) - 2026-03-02: On 3rd reading, Special Calendar (House) - 2026-03-02: Read 3rd time (House) - 2026-03-02: Passed House (Roll No. 251) (House) - 2026-03-02: Communicated to Senate (House) - 2026-02-27: On 2nd reading, Special Calendar (House) - 2026-02-27: Read 2nd time (House) - 2026-02-26: On 1st reading, Special Calendar (House) - 2026-02-26: Read 1st time (House) - 2026-02-25: Do pass (House) - 2026-02-20: Markup Discussion (House) - 2026-02-17: Filed for introduction (House) - 2026-02-17: To Energy and Public Works (House) - 2026-02-17: Introduced in House (House) - 2026-02-17: To House Energy and Public Works (House) ## Bill text - Engrossed: [HTML](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 eng.htm), [PDF](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 eng.pdf) - Enrolled: [HTML](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 enr.htm), [PDF](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 enr.pdf) - Introduced Version: [HTML](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 intr.htm), [PDF](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 intr.pdf) ## Related bills - HB 5353: To bring virtual currency kiosks within the purview of money transmission licensure and create disclosure requirements and daily transaction limitations for ne… (signed) - HB 4452: To remove Mortmain restrictions on religious organizations (signed) - HB 4390: Relating to the temporary payment to a kinship parent of a subsidy equal to that of a foster parent (signed) - HB 4354: Relating to necessity allowance (signed) - HB 4191: Relating to providing child care generally (became law) - HB 4138: Relating to persons convicted of a crime (signed) ## Sources - [Engrossed (HTML)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 eng.htm) - [Engrossed (PDF)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 eng.pdf) - [Enrolled (HTML)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 enr.htm) - [Enrolled (PDF)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 enr.pdf) - [Introduced Version (HTML)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 intr.htm) - [Introduced Version (PDF)](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb5638 intr.pdf) ## Related - [HB 5353: To bring virtual currency kiosks within the purview of money transmission licen…](https://policyrisk.com/state-bill/WV-HB5353-2026rs) - [HB 4452: To remove Mortmain restrictions on religious organizations](https://policyrisk.com/state-bill/WV-HB4452-2026rs) - [HB 4390: Relating to the temporary payment to a kinship parent of a subsidy equal to tha…](https://policyrisk.com/state-bill/WV-HB4390-2026rs) - [HB 4354: Relating to necessity allowance](https://policyrisk.com/state-bill/WV-HB4354-2026rs) - [HB 4191: Relating to providing child care generally](https://policyrisk.com/state-bill/WV-HB4191-2026rs) - [HB 4138: Relating to persons convicted of a crime](https://policyrisk.com/state-bill/WV-HB4138-2026rs) - [West Virginia bills](https://policyrisk.com/states/west-virginia/bills) - [West Virginia state hub](https://policyrisk.com/states/west-virginia) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/WV-HB5638-2026rs (as of 2026-11-04).