Del. J.B. Akers

Maddy summaryHB 2702 amends West Virginia law to change how vacancies in state elected offices are filled. It requires that anyone appointed to fill a vacancy in a partisan office (like Secretary of State or Treasurer) must have been a member of that officeholder's political party for at least one year before the vacancy occurred. For magistrate positions with more than two years remaining in the term, the bill mandates a nonpartisan election held concurrently with the next primary or general election, rather than an appointment. The bill also allows governors to appoint acting officials temporarily to handle duties until a permanent appointment is made, while maintaining party affiliation requirements for all partisan appointments.

Maddy summaryHJR 40 proposes a constitutional amendment to change how members of the West Virginia State Board of Education are selected. It would replace the current system of nine appointed members with a hybrid model: five members elected on a partisan basis from five geographic regions (serving staggered four-year terms), and four members appointed by the Governor with Senate consent. The amendment would require the Board to submit any rules or policies they create to the Legislature for review, approval, amendment, or rejection. If approved by voters in the 2026 general election, these changes would take effect with the 2028 general election, modifying the current appointment system for the Board.

Maddy summaryHB 3408 amends West Virginia law to allow circuit judges or chief judges to appoint replacements for magistrate positions before a vacancy occurs due to an upcoming resignation, retirement, or if a newly elected magistrate-elect hasn't taken office. It requires the appointing judge to publish a notice of the nonpartisan election for the unexpired term in the county's legal advertisement. This bill directly affects magistrate courts in West Virginia by changing how vacancies are filled ahead of time, streamlining the process for maintaining court operations.

Maddy summaryHB 3458 would modify West Virginia's tax on racetrack table games by exempting the first $7,142,857.14 of annual revenue from a 35% tax. It directly affects racetracks operating lottery table games, replacing all other state and local taxes on these operations (except property tax) with this single tax. The bill requires weekly tax payments on revenue exceeding the exemption threshold, calculated using the accrual method, and allows negative weekly revenue to be carried forward. This changes the tax structure to reduce burdens on lower-revenue operations while maintaining a 35% rate on higher earnings.

Maddy summaryHB 3410 establishes new rules for regulating power generation facilities and their property taxation in West Virginia. It creates a "certified microgrid program" with specific qualification requirements for microgrid operators, including minimum service terms, and sets methods for property taxation in certified microgrid districts. The bill also defines "high impact business development districts" where electricity generation must be certified, limits the number of such districts, and requires Public Service Commission approval for special utility rates for eligible customers. These changes directly affect power generation facilities, business development districts, and microgrid operators seeking certification under the new framework.

Maddy summaryHB 2781 requires West Virginia judicial officers to consider a person's residency status when determining bail for specific misdemeanor offenses. It applies to cases involving violent misdemeanors, offenses against minors, weapons use, drug violations, sexual abuse, serious traffic offenses, or property crimes exceeding $250 in value. The bill mandates judges to evaluate whether the person is a resident of West Virginia or the U.S. as part of "good cause" for release, alongside other factors like community ties and flight risk. This change modifies existing bail procedures by explicitly adding residency as a consideration for these misdemeanor cases. The bill does not alter penalties but affects how bail conditions are set for eligible defendants.

Maddy summaryHB 3078 establishes a 15 mph speed limit in licensed childcare zones during childcare hours (when children are entering or leaving). It defines childcare zones as all licensed childcare property, including grounds and 125 feet of adjacent streets or highways, similar to existing school zone rules. The bill requires the West Virginia Division of Highways to install signage marking these zones and applies the speed restriction during childcare operation times. This directly affects drivers passing near licensed childcare facilities during drop-off/pick-up periods, mirroring the safety measures already in place for school zones. The bill does not change existing speed limits outside these designated zones.

Maddy summaryThis bill allows West Virginia's Supreme Court of Appeals to temporarily recall retired circuit court judges, family court judges, and Supreme Court justices under specific circumstances, such as a sitting judge's prolonged illness, vacancy, or heavy caseload. It sets daily pay limits ($430 for most judges, $325 for family court judges) and requires that combined pay and retirement benefits in a year not exceed a sitting judge's annual salary, unless the Chief Justice certifies extraordinary circumstances. Retired judges recalled for service may also be reimbursed for necessary expenses incurred during their temporary assignments. The bill clarifies the Supreme Court's authority to manage judicial staffing needs while maintaining compliance with federal retirement plan rules.

Maddy summaryHB 2689 requires websites that primarily offer pornography to verify the age of users before allowing access, aiming to prevent minors from viewing such content. It targets commercial entities where pornography constitutes a "substantial portion" of their content, mandating "reasonable" age verification methods. The bill creates civil liability for non-compliance, allowing lawsuits against violators, while exempting internet service providers from liability for hosting content they didn’t create. It defines "minor" as under 18 and "sexual material harmful to minors" using community standards and explicit content criteria. The law provides a five-year statute of limitations for civil actions and excludes certain news organizations from coverage.

Maddy summaryHB 3066 requires West Virginia's Corrections Commissioner to create an "Orange Alert" system that notifies registered crime victims within a 40-mile radius when a prisoner escapes or is released from a state correctional facility or jail. Victims must proactively register to receive these alerts, with registration details published in local newspapers. The bill mandates this system for all state correctional facilities and jails, making registration the victim's responsibility rather than automatic notification. This policy change establishes a formal notification framework but does not require automatic alerts for all victims.