Del. Tresa Howell

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 summaryHJR 29 proposes a constitutional amendment to clarify the West Virginia Board of Education's duties and authority. It would amend Article XII, Section 2 of the state constitution to state that the Board "shall perform only such duties as may be prescribed by law." The amendment also specifies the Board's composition (nine members appointed by the Governor with Senate approval, with term limits and a five-member political party cap), removal procedures, and requires voter approval at the 2026 general election. This change aims to formally limit the Board's authority to duties explicitly defined by statute.

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 4915, the Sudden Death Reporting and Transparency Act, requires medical examiners to collect and document vaccination and emergency countermeasure history (within 90 days prior to death) for all sudden or unexplained deaths in individuals under age 30, including SIDS, SUID, SDY, and SADS cases. This data must be included in official death reports and submitted to the CDC's SUID/SDY Case Registry while maintaining strict confidentiality. The bill prohibits using collected data to mandate vaccinations, alter medical eligibility, or discriminate, and mandates that all information be used solely for forensic investigations, public health research, or annual legislative reporting. It establishes standardized statewide procedures for data collection and protects personally identifiable information through privacy safeguards.

Maddy summaryHB 4931 prohibits West Virginia from creating or maintaining any registry of firearm owners or firearms within the state. It bans state agencies, federal entities operating in West Virginia (like ATF contractors), and private actors from compiling or storing such records - both physical and electronic. Violators face civil penalties of $10,000 to $100,000 per violation, with funds directed to a Second Amendment Defense Fund for legal challenges. The law applies immediately upon passage and targets registry systems, not firearm ownership or sales.

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 4895 would create a $2,000 state income tax exemption for each unborn child carried by a West Virginia resident individual, effective for tax years beginning January 1, 2027. The exemption applies to any pregnancy at any stage of development that is not aborted, as defined in the bill. This policy reduces taxable income for qualifying residents rather than providing direct cash payments. The bill directly affects West Virginia taxpayers who are pregnant and filing state income taxes.

Maddy summaryHB 4855 eliminates West Virginia's Department of Education, transferring its functions to the State Treasurer and county school boards. It creates a centralized School Fund at the State Treasurer to hold all state and federal education funds, which counties receive annually based on a formula weighted 67% by population and 33% by land area. The bill also establishes per-teacher classroom expense accounts and requires public transparency for all county school procurement purchases. These changes directly affect county school boards, teachers, and the State Superintendent, who will no longer oversee education programs.