Del. Laura Kimble

Maddy summaryHB 2449 eliminates West Virginia's application of the "open fields doctrine," meaning police can no longer search private land beyond a home's immediate area without a warrant. It directly affects landowners whose property (including fenced areas and wooded land) is not considered public, requiring law enforcement to obtain a warrant for searches of these defined "open fields." The bill explicitly abolishes the common law rule that previously allowed warrantless searches of such areas, aligning with constitutional protections against unreasonable searches. This change ensures that private property beyond a dwelling - where a reasonable person would view it as private - receives Fourth Amendment safeguards.

Maddy summaryHB 2448 (West Virginia House Bill 2448), titled the "Religious Freedom Protection Act," prevents state emergency orders from closing or restricting religious services during declared emergencies. It directly affects religious institutions (churches, mosques, synagogues, etc.) and their members by prohibiting government actions that infringe on worship assembly, travel to places of worship, or impose penalties for religious practice. Key provisions include allowing religious groups to sue for violations (seeking injunctions, damages, and attorney fees) within a two-year window, covering psychological, emotional, and physical harm. The bill takes immediate effect upon passage and applies to all emergency orders issued under West Virginia’s emergency management laws.

Maddy summaryHB 2468 would repeal all legal provisions establishing the West Virginia Department of Economic Development, including sections §5B-2-1 through §5B-2-21 of the state code. This bill directly affects the department itself and the cabinet-level position overseeing it, eliminating both from state law. The legislation would remove the department's legal foundation without creating new structures, effectively abolishing the entity and its associated leadership role. This is a procedural bill focused solely on repealing existing statutes, not on creating new policies or programs.

Maddy summaryHB 2431, the "Fourth Amendment Restoration Act," bans West Virginia law enforcement officers and local government officials from using specific surveillance and AI technologies without a warrant. It prohibits real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools, calling their unregulated use "inherently unreasonable and unconstitutional." Violators face felony charges with penalties of at least one year in prison and $10,000 fines per violation. The bill also allows individuals harmed by unauthorized use to sue for damages and requires immediate discontinuation of any existing use of these technologies.

Maddy summaryHB 2445 removes qualified immunity for West Virginia law enforcement officers who use excessive force or act negligently during no-knock warrant executions. The bill requires courts to review officer actions if they cause injury, death, or psychological harm through reckless, negligent, or knowingly illegal conduct - such as using excessive force or failing to follow proper procedures. Courts must also examine whether the officer's agency provided adequate training for such situations, potentially making the agency liable for the officer's actions. This change means officers and their departments could face personal financial or legal consequences in lawsuits when misconduct occurs during no-knock warrants.

Maddy summaryHB 2517 would eliminate mandatory vaccination requirements for students entering West Virginia schools and state-regulated child care centers. Currently, children must provide proof of specific immunizations (including measles, polio, and whooping cough) to enroll; this bill removes that requirement, making immunizations voluntary. The key mechanism is amending state law to replace mandatory vaccination with a voluntary system, eliminating the need for vaccination certificates for school entry. This directly affects all students entering public, private, or parochial schools and child care centers in West Virginia. The bill does not change medical exemption processes or vaccine access for low-income families.

Maddy summaryHB 2461 prohibits the sale, use, or distribution of abortifacients - drugs primarily used to cause abortion, including those requiring a prescription under FDA guidelines or not FDA-approved for that purpose. It directly affects healthcare providers, pharmacies, and anyone supplying such drugs within West Virginia, including out-of-state entities mailing or shipping them into the state. Key provisions establish criminal penalties for violations and allow private lawsuits against those providing abortifacients. The bill defines "abortifacient" broadly while excluding terms like miscarriage or stillbirth from its scope, and specifies that medical emergencies requiring abortion must involve serious risk of death or life-threatening impairment.

Maddy summaryHB 2463 would establish gold, silver bullion, and physical coins (specie) as legal tender in West Virginia, alongside creating a state-run West Virginia Bullion Depository managed by the State Treasurer. The depository would allow residents and businesses to deposit precious metals, receive digital "transactional currency" (backed 1:1 by physical metals), and use these as payment for debts within the state. It prohibits interest on deposits, exempts depository assets from state taxes, and requires the Treasurer to maintain metals in trust for account holders. The bill directly affects West Virginia residents, businesses, and financial institutions engaging in transactions using precious metals or the new digital currency. (Note: The bill does not include cryptocurrency as legal tender, despite the title's phrasing.)

Maddy summaryHB 2464 would establish the State Bank of West Virginia within the State Treasurer’s Office to securely hold precious metals (like gold, silver, and bullion) owned by the state, its agencies, or political subdivisions. The bank would function as a custodian, tracking deposits, managing transactions, and requiring strict record-keeping, but would not pay interest or provide banking services to the public. Only state entities, authorized agents, or designated political subdivisions could open accounts, and the Treasurer would appoint an Administrator to oversee operations. This bill creates a new state-run custody system for precious metals, not a commercial bank.

Maddy summaryHB 2469 bans West Virginia municipalities and counties from charging property owners fees based on stormwater, rain, or similar runoff - commonly referred to as a "rain tax." It amends state code (§8-20-10, §16-13-16, and §16-13D-15) to prohibit such fees, directly affecting residential and commercial property owners who might have faced these charges. The bill stops local governments from using rainfall or stormwater management as a basis for fees, requiring alternative fee structures if permitted under existing law. This is a direct policy change prohibiting a specific fee type, not a new tax or service.