Del. J.B. Akers

Maddy summaryHB 4712, known as "Baylea's Law," increases criminal penalties for drivers convicted of DUI that causes death or injury in West Virginia. It raises prison sentences to 3-30 years for DUI causing death (up from prior limits), 2-10 years for serious bodily injury, and up to 1 year for lesser bodily injury. The bill also mandates license revocation for 10 years (or permanently) for DUI causing death, 5 years for serious injury, and 2 years for minor injuries, with options to reinstate through a "test and lock program." This law directly affects drivers convicted of DUI-related offenses resulting in harm to others, including minors or fetuses as defined by the law.

Maddy summaryHB 4756 requires commercial truck drivers in West Virginia who cannot comprehend English to pay triple the standard compensation for all accident-related damages and medical expenses if they cause an accident. It directly affects non-English-speaking commercial truck drivers and their employing companies. The bill’s key provision replaces standard damages with automatic "treble damages" (triple the usual amount) for qualifying accidents, without requiring separate legal proceedings. This policy change specifically targets language barriers in commercial driving incidents, mandating higher financial accountability for drivers unable to understand English during operations.

Maddy summaryHB 4008 establishes West Virginia's Business Ready Sites Program, which certifies properties for economic development readiness. Local governments and economic development entities (like counties, cities, or economic development authorities) can apply to have their sites evaluated for readiness, including access to utilities, transportation, and environmental status. The program provides two funding mechanisms: matching grants (up to 50% of improvement costs) and micro grants (up to $100,000 for sites ≥5 acres, $250,000 for sites >20 acres), both requiring repayment if the site is sold or leased for development within 12 months. All funds must be used directly to fix site deficiencies identified in the evaluation, with re-evaluations and recertification required after improvements.

Maddy summaryHB 4842 clarifies and strengthens civil remedies for individuals whose intimate images are disclosed without consent in West Virginia. The bill amends §55-20-3 to explicitly apply to cases involving sexual extortion (as defined in §61-8B-6), establish joint and several liability for all liable parties, and create civil penalties. It directly affects people who suffer harm from intentional or reckless disclosure of private intimate images they did not consent to share. The law ensures victims can pursue legal action against perpetrators who knew the image was private, the victim didn’t consent, and the victim was identifiable.

Maddy summaryHB 4433 amends West Virginia law to create new criminal offenses for human smuggling (transporting undocumented people to evade enforcement) and human trafficking (recruiting or moving people for forced labor or sexual exploitation). It specifically targets individuals who transport adults or minors for these purposes, defining key terms like "coercion" and "forced labor" to clarify illegal conduct. The bill establishes penalties for these crimes, allows asset forfeiture of property used in trafficking, and requires restitution for victims. It also includes an exemption permitting medical, mental health, and legal services for undocumented individuals without criminal liability.

Maddy summaryHB 4865 creates a program allowing high school juniors and seniors (with a 3.0 GPA or higher) to serve as election officials in West Virginia. To qualify, students must meet standard election official requirements (like being a registered voter and completing training), get written approval from their school principal and parent, and agree to one political party affiliation per precinct. The bill ensures these student officials are not marked absent from school on election days and limits appointments to one per political party per precinct. This change directly affects eligible high school students and county election officials who would appoint them.

Maddy summaryHB 4009, the Portable Benefit Account Act, creates a new legal framework allowing independent contractors to access portable benefits through individually managed accounts. It directly affects independent contractors and hiring parties (businesses that contract with them), enabling voluntary contributions from hiring parties to fund benefits like health insurance, retirement plans, life insurance, and income replacement. Key provisions require written, opt-in agreements for contributions, prohibit using account contributions to determine worker classification, and mandate that accounts remain tied to the contractor - not the employer - when changing jobs. The bill establishes definitions for terms like "portable benefit account" and "provider," and requires administrative oversight by the Bank Commissioner.

Maddy summaryHB 4999 expands legal protections for both athletic officials (like referees) and participants (players) in West Virginia by making assault or battery against them a misdemeanor. It increases penalties: assault fines of $250-$500 with up to six months in jail, and battery fines of $500-$1,000 with up to one year in jail. The bill also allows school boards to ban convicted offenders from all school sports events for at least one year, with violating this ban treated as trespassing. However, it explicitly exempts normal sports actions - such as hard fouls within game rules - from prosecution.

Maddy summaryHB 5067 clarifies the Division of Administrative Services' role in managing federal grants for law enforcement. It allows the Director to directly partner with law enforcement agencies (like the State Police) to apply for and administer federal grants restricted to such agencies. The bill also removes a previous requirement for the Deputy Secretary to hear certain appeals, instead directing the Office of Administrative Hearings to handle appeals from the Governor’s Committee on Crime subcommittees. This affects how state agencies coordinate federal grant funding and process appeals related to law enforcement certification decisions. The changes streamline grant administration but do not create new law enforcement powers.

Maddy summaryHB 4010 establishes a state loan program to provide financial assistance for constructing airplane hangars at local airports in West Virginia. It directly affects counties, municipalities, and regional airport authorities that own or operate airports, allowing them to access state loans for hangar planning, construction, or improvements. The bill creates a pilot project with specific eligibility standards (considering site readiness, economic impact, and market demand) and requires the transportation division to set loan terms, limit participating airports based on funding, and report annually to the Joint Committee on Government and Finance. This program aims to support airport infrastructure development to enhance economic opportunities in local communities.