Del. Jim Butler

Maddy summaryHB 4979 would restore the right to file civil lawsuits in West Virginia for "alienation of affection" (when a third party causes a spouse to lose affection) and "criminal conversation" (adultery). It requires such lawsuits to be filed within three years of the last relevant act and prohibits claims based on events occurring after a permanent separation of the couple. The bill reverses a 1969 law that had banned these claims, making them available again for new cases. It applies to both individuals and organizations, but not to acts happening after a permanent separation.

Maddy summaryHB 4947 allows state employees and school children to claim religious exemptions from required vaccines by submitting a notarized certification of religious belief. For employees, the exemption also covers conscientious objections, and employers cannot penalize them through withheld bonuses, pay raises, or denied promotions. Schools must accept the certification for enrollment without requiring additional medical documentation, while the list of required vaccines remains unchanged. The bill expands existing exemption options without altering vaccine requirements.

Maddy summaryThis bill requires West Virginia's Treasurer to transfer 50% of unused funds in special revenue accounts (like those set aside for specific projects) into the main state budget within 30 days. It applies to all such accounts except where federal law, repayment obligations, or bond security would be jeopardized. The Treasurer cannot make new transfers from these accounts until the initial 50% transfer is completed. This changes how the state handles leftover funds from targeted revenue sources, directing them toward general state spending.

Maddy summaryHB 4980 would allow civil lawsuits against West Virginia judges who knowingly violate laws, hold unlawful hearings, or abuse litigants in their official duties. It requires victims to first report misconduct to a judicial oversight body, which must confirm "willful misconduct" before a lawsuit can proceed. The bill sets a five-year statute of limitations for claims and specifies remedies like financial compensation, punitive damages for severe cases, and attorney fees for successful plaintiffs. It explicitly excludes good-faith judicial decisions from liability and mandates public reporting of oversight findings.

Maddy summaryHB 4427 amends West Virginia law to require state agencies to transfer 25% of funds from "unencumbered" special revenue accounts - those with no activity (receiving or disbursing) for a period - to the General Revenue Fund. It directly affects state agencies managing special accounts (e.g., for education, infrastructure, or specific programs) that hold dormant funds. The key provision mandates this transfer after accounts remain inactive, ensuring unused funds support broader state spending rather than sitting idle. This policy change focuses on reallocating unspent resources without specifying new program requirements or impacts on beneficiaries.

Maddy summaryHB 4878 strengthens West Virginia's castle doctrine by allowing lawful occupants to use reasonable force, including deadly force, to defend their home, residence, or immediate property (curtilage) without a duty to retreat. It creates a full legal defense against both civil lawsuits and criminal charges for those using force to prevent unlawful entry, felony entry, or threats of serious harm. The bill also requires courts to cover legal costs, fees, and expenses for people successfully defending against such claims. This applies to residents protecting themselves, others, or property, but excludes law enforcement actions and situations where the person provoked the conflict.

Maddy summaryHB 4866 creates the West Virginia Public Participation Protection Act, which establishes a legal process to quickly dismiss lawsuits targeting protected public speech. The bill allows defendants to file a "special motion to dismiss" within 60 days if a lawsuit claims to be based on free speech, petitioning government, association on public issues, digital expression (like social media), consumer reviews, or information gathering for expressive works. If the motion is filed, all court proceedings automatically pause until the court rules, and the plaintiff must prove they have a strong case to win. This applies to all pending and future cases involving public concern issues, but excludes state enforcement actions and pure contract disputes without public interest.

Maddy summaryHB 4863, the West Virginia Refugee Absorptive Capacity Act, requires state and local officials to assess community capacity before resettling refugees or immigrants. The bill mandates that the state office within the Department of Human Services evaluate factors like healthcare access, housing availability, school capacity, job market impact, and law enforcement resources through a formal assessment. It also requires quarterly coordination meetings with local governments, 30 days of public notice for resettlement plans, and fiscal impact reports before new resettlements begin. This directly affects local governments (counties/cities), the Department of Human Services, refugee resettlement organizations, and the communities receiving refugees.

Maddy summaryHB 4880, "The Deployed Servicemembers Protection Act," protects West Virginia service members deployed for 30+ days (including National Guard on state duty) and their families. It prohibits spouses from selling property/vehicles over $10,000, closing joint accounts, withdrawing over 50% from accounts, or removing children without the service member’s written consent during deployment and for two months afterward. The bill also requires returning children to the home of record within one week of the service member’s return. Violations are misdemeanors punishable by up to 30 days in jail, $5,000 fines, or civil liability. The law incorporates existing federal Servicemembers Civil Relief Act protections.

Maddy summaryHB 4864 requires West Virginia counties to make all election data - including voting records, system logs, and audit files - publicly accessible under the state's Freedom of Information Act (FOIA) to any registered voter, removing all standard exemptions for this information. It mandates random physical inspections of electronic voting systems, restricts certain software, and establishes hand-counting procedures for verification. The bill directly affects all West Virginia counties using electronic voting systems and registered voters seeking election data transparency. Key provisions become effective immediately upon passage, shifting election data access from limited official review to direct public disclosure.