Del. Joe Funkhouser

Maddy summaryHB 2060 creates a tax exemption for agricultural cooperative associations in West Virginia, directly affecting these organizations operating under Chapter 19 of the state code. The bill exempts qualifying cooperatives from the business and occupation tax on their in-state units starting January 1, 2025, with proration for any tax year containing that date. It defines "agricultural cooperative association" as organizations formed under §19-4-1, which include entities handling agricultural products, food, and related services. The exemption applies retroactively to January 1, 2025, and aligns with existing cooperative association laws. This policy change reduces tax liability for these specific agricultural cooperatives operating within the state.

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.

Maddy summaryWest Virginia's House Concurrent Resolution 84 is a symbolic statement opposing China's misuse of UN Resolution 2758 to exclude Taiwan from international organizations. It clarifies that UNGA Resolution 2758 only addresses which government represents "China" in the UN and never intended to settle Taiwan's political status. The resolution urges the UN to stop using the resolution to deny Taiwan participation in UN bodies and reaffirms that the U.S. "one China policy" does not recognize China's claim over Taiwan. It emphasizes that UNGA Resolution 2758 does not prevent Taiwan's meaningful participation in international organizations like the WHO or ICAO. As a concurrent resolution, it has no legal force but expresses legislative position on diplomatic matters.

Maddy summaryHB 2117 changes the deadline for submitting mail-in ballot applications in West Virginia. It requires most voters' applications to be received by the sixth day before an election, while qualified first responders must submit theirs by 5:00 p.m. the day before the election. The bill maintains the same deadline (six days before) for overseas and uniformed services voters. This affects all voters requesting mail-in ballots, adjusting the timing for when applications must be accepted by election officials.

Maddy summaryHB 2356 amends West Virginia law to strengthen the Telephone Consumer Protection Act, primarily affecting businesses making telemarketing calls. It requires prior express written consent for automated calls or recorded messages, defining consent as a signed document (including electronic signatures) that clearly explains how calls will be made and specifies the contact number. The bill prohibits unsolicited calls using automated dialing systems or prerecorded voices without this consent, while excluding isolated transactions, charitable calls, business-to-business sales, existing customer communications, and calls following a customer inquiry. These changes aim to reduce unwanted telemarketing calls by setting clear consent standards and expanding protections for West Virginia residents.

Maddy summaryHB 3188 prohibits individuals who are lawfully detained by police from providing false names or failing to identify themselves, with violations punishable as misdemeanors (up to 1 year in jail) or felonies (up to 5 years) if harm results. It also clarifies that loitering or prowling is illegal only when circumstances cause reasonable safety concerns, requiring officers to first ask for identification and explanation before arresting. The bill allows courts to order restitution for victims of false identification and correct public records containing false information. These provisions apply to law enforcement officers, detained individuals, and anyone affected by false identification misuse.

Maddy summaryThis bill changes how election fraud cases are handled in West Virginia. Currently, the Secretary of State reports potential election fraud to local county prosecutors. Under this bill, if a county prosecutor declines to prosecute after 60 days, the Secretary of State must refer the case to the state Attorney General instead. This directly affects the Secretary of State, county prosecutors, and the Attorney General by shifting the referral pathway for election fraud investigations. The key change is the 60-day review period before cases can be escalated to the state level.

Maddy summaryHB 3191 requires people to maintain a 25-foot distance from law enforcement officers, probation officers, firefighters, or emergency responders while they are performing their duties, particularly when someone is recording interactions. It prohibits approaching or staying within 25 feet after receiving a verbal warning, if the person intends to interfere with the officer’s work, threaten them, or intentionally distress them. Violating this rule is a misdemeanor punishable by a $50-$500 fine, up to one year in jail, or both. The bill directly affects members of the public who record police or emergency interactions near the scene.

Maddy summaryHB 2683 prohibits the use of ranked choice voting for all local, state, and federal elections in West Virginia. The bill defines ranked choice voting as a system where voters rank candidates by preference, with votes redistributed in rounds if no candidate wins a majority. It declares any election using this method invalid and prevents officials from being sworn into office based on such results. The prohibition does not apply to internal political party processes like conventions or party officer elections.