Rep. Joe Funkhouser

Maddy summaryHB 4191 increases the tax credit available to West Virginia employers who provide on-site child care for their employees. The bill expands the credit to cover costs of building, improving, or operating qualifying child care facilities, including furniture and equipment. Employers can claim this credit for five years after the facility is first used, provided the facility primarily serves employees' children and meets ownership requirements. This directly affects West Virginia employers operating on-site child care programs, reducing their state tax burden for these expenses.

Maddy summaryHB 4412 requires websites where pornography is a substantial portion of content to verify that users are over 18 before accessing material. It applies to commercial entities (like businesses or corporations) hosting such content and mandates the use of "reasonable" age verification methods, such as digital IDs like West Virginia Mobile ID. Failure to comply creates civil liability for the entity, allowing lawsuits with a five-year statute of limitations, while clarifying that internet service providers aren't liable for hosting content they didn't create. The bill defines "minor" as under 18 and specifies that websites must retain verification data, but exempts news organizations and existing legal content like child pornography.

Maddy summaryHB 4755 adds "aggravated vehicular homicide" (defined in §17C-5-1(c)) to West Virginia's list of offenses that trigger enhanced sentencing for repeat offenders. This change directly affects individuals convicted of aggravated vehicular homicide who have prior qualifying offenses under the state's recidivism laws. The bill amends Section 61-11-18 of the West Virginia Code to include this offense, meaning a second or third conviction for this crime could result in harsher penalties if the offender has previous serious convictions. The law focuses on increasing penalties for repeat offenders in cases involving severe DUI-related fatalities.

Maddy summaryHB 5182 authorizes security personnel employed by West Virginia's State Treasurer to carry concealed firearms while performing official duties. To qualify, staff must obtain the Treasurer's written approval, hold a valid concealed handgun license, pass firearms training equivalent to police academy standards, and maintain annual requalification. The State Treasurer may reimburse staff for training costs, and the state assumes liability for security personnel acting in good faith during official duties. This bill directly affects the Treasurer's security team and establishes specific safety requirements for firearm use.

Maddy summaryHB 5406 updates West Virginia's DUI laws by shifting authority for chemical testing oversight from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory. It eliminates outdated references to urine testing, removes propoxyphene from drug testing requirements, and permits trained phlebotomists to collect blood samples for analysis. The bill also corrects blood alcohol concentration thresholds for juvenile drivers and clarifies that refusing only a blood test - without refusing a breath test - will not automatically trigger license revocation. These changes streamline DUI testing procedures for law enforcement and ensure current medical standards are reflected in the law.

Maddy summaryHB 5366 amends West Virginia law to clarify that certain records related to the West Virginia Judicial and Lawyer Assistance Program are confidential and not subject to public records requests. It directly affects attorneys who use this program, which provides support for mental health and substance abuse issues. The bill specifically states that records gathered under the program’s rules - covering procedures, referrals, and services - are exempt from disclosure under the state’s Freedom of Information Act. This change ensures these sensitive attorney assistance records remain private, preventing public access while maintaining program confidentiality.

Maddy summaryHB 5227 modifies West Virginia's business reporting fees and adds a new logotype for veteran-owned businesses. It sets an annual report fee at $25 (or $50 biennially) for corporations, limited partnerships, and LLCs required to file reports with the Secretary of State. The bill also grants the Secretary authority to waive late fees for these filings. Additionally, it establishes a new official logotype (a special mark or symbol) that qualified veteran-owned businesses - defined as those at least 51% owned by veterans or their spouses - may use on their materials. This bill directly affects businesses required to file annual/biennial reports and veteran-owned entities seeking the new logotype.

Maddy summaryHB 5401 expands absentee voting eligibility in West Virginia to citizens temporarily residing overseas. To qualify, voters must have been residents of West Virginia before leaving, hold a U.S. passport, not have established permanent residency abroad, and intend to return. They must also be registered or eligible to vote in another U.S. jurisdiction. The bill updates both mail-in and electronic absentee ballot rules to include this group, aligning with federal voting protections for overseas citizens.

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 4850 requires West Virginia executors and administrators of estates to complete free online training provided by the Supreme Court of Appeals, starting January 1, 2027. The training focuses on fiduciary duties and executor responsibilities, covering key legal requirements for managing estates. The video must be accessible online, for sight-impaired users, and available at all county commissions and sheriff's offices for those without internet access. This bill directly affects individuals serving as estate administrators by adding a mandatory educational requirement before they assume full authority.