Rep. David Kelly

Maddy summaryHCR 78 is a non-binding resolution urging West Virginia's Division of Highways to prioritize completing I-73 (the "King Coal Highway") across Wayne, Mingo, McDowell, Mercer, and Wyoming counties. It requests the highway agency treat the project as a high priority to improve economic development and emergency access, especially after recent flooding exposed transportation challenges in the region. The resolution asks the state to provide necessary funding and executive support to expedite the highway's completion but does not allocate new funds or create new law. It directly affects the Division of Highways and residents of the five specified counties by formally advocating for this infrastructure project.

Maddy summaryHB 3433 amends West Virginia Code §15-11-2 to align its language with W.Va. Code §5H-1-2(b) regarding funeral expense payments for first responders. The bill maintains the existing $8,000 maximum payment for funeral costs of law enforcement, safety, or emergency workers killed in the line of duty, while clarifying that funds supplement other available benefits to ensure at least $8,000 is paid. It specifically affects families of eligible workers - such as police officers, firefighters, EMTs, and correctional staff - who died while performing official duties. The change ensures consistency between statutes but does not alter the current payment structure or eligibility criteria.

Maddy summaryHCR 72 designates March 20, 2025 as "Black Lung Awareness Day" in West Virginia. It honors coal miners affected by black lung disease (coal worker's pneumoconiosis), a preventable occupational lung condition caused by coal dust exposure. The resolution does not create new laws, funding, or policy changes - it serves as a ceremonial observance recognizing the disease's impact and existing protections like the Black Lung Benefits Act. It follows the Federal Coal Mine Health and Safety Act's emphasis on miner safety without altering current regulations.

Maddy summaryHB 3190 expands West Virginia's public intoxication law to include intoxication from controlled substances, not just alcohol. It defines "intoxicated" to cover impairment from any controlled substance under state law, directly affecting individuals appearing in public while impaired by such substances. The bill establishes misdemeanor penalties for violations, including fines ($5-$100) and optional alcohol/controlled substance education programs for first offenses, with stricter penalties for repeat violations. It also updates provisions for law enforcement arrests and handling of intoxicated individuals in public settings.

Maddy summaryHB 3271 authorizes West Virginia courts to maintain digital records instead of physical order books, directly affecting court clerks and judicial staff. The bill amends court record-keeping laws to require clerks to preserve both digital and physical records, while allowing orders to be stored digitally rather than entered in a physical book. It removes the requirement for judges to personally sign physical copies of orders when digital copies are used, streamlining record-keeping processes. This change applies to all courts in the state and focuses on modernizing record storage without altering judicial procedures.

Maddy summaryThis resolution expresses the West Virginia House of Delegates' support for the Southern Regional Education Board's (SREB) Crisis Recovery Network, which would provide long-term mental health counseling support to schools after crises like natural disasters or shootings. It recognizes that schools - especially rural ones - often lack sufficient counselors to address ongoing student and staff needs during recovery. The resolution does not create new programs or funding but affirms state participation in the existing SREB network, which coordinates specialized counselors and resources for schools in extreme need.

Maddy summaryHB 3116 updates West Virginia's incest statute to clarify and expand the definition of family relationships covered under the law. It specifically adds "aunt" and "uncle" to include relatives by marriage (e.g., a person's wife of an uncle or husband of an aunt) and ensures the law applies equally to same-sex marriages. The bill directly affects individuals in familial relationships involving married aunts/uncles or same-sex spouses, making the legal definitions more inclusive. It does not change penalties (5-15 years imprisonment or fines) but ensures the statute applies to all qualifying familial relationships, including those formed through marriage.

Maddy summaryHB 3423 simplifies West Virginia's emergency declaration process by eliminating the current two-class system (Class I and Class II) for "state of preparedness" and establishing a single level, similar to the existing single level for a state of emergency. The bill requires that any declaration - whether by the Governor via executive order or the Legislature via concurrent resolution - include a description of circumstances and affected area, with Governor-proclaimed states expiring after 30 days unless extended by the Legislature. It also sets a 90-day combined limit for a state of emergency following a state of preparedness, unless extended under specific procedures. This change aims to clarify and streamline emergency declaration rules for the Governor, Legislature, and emergency management agencies.

Maddy summaryHB 3431 reorganizes West Virginia's bail statutes to clarify judicial decision-making for pretrial release. The bill requires judges to consider specific factors - including the nature of the offense, defendant's criminal history, health, and evidence strength - when setting bail or determining release. It mandates release on recognizance for certain misdemeanors (except when "good cause" is shown) and sets a maximum cash bail amount for misdemeanors. This directly affects misdemeanor defendants, courts, and bail processing systems by standardizing release criteria and reducing cash bail reliance.

Maddy summaryHB 3404 allows retired prosecuting attorneys and assistant prosecuting attorneys in West Virginia to return to work for the state without losing their retirement annuity payments. Unlike most public retirees who must suspend their annuity if they take full-time state employment, this bill specifically exempts these legal professionals. It permits them to work full-time or part-time as assistant prosecuting attorneys indefinitely, with no limit on annual earnings or employment duration. The change aims to retain specialized legal expertise for the state's prosecution offices after retirement. This bill directly affects retired prosecutors who wish to return to service in their former roles.