Del. Joe Funkhouser

Maddy summaryHB 4461 requires internet and telecommunications providers in West Virginia to automatically provide prorated bill credits to customers when service is interrupted for five or more consecutive days (120 hours) due to the provider's fault. It directly affects subscribers who lose service for extended periods, ensuring they aren't charged for unavailable service. The bill mandates credits proportional to the outage duration, excludes outages caused by customers, cyberattacks, or force majeure, and sets civil penalties up to $1,000 per violation. Providers must report outage data monthly to the Attorney General's Consumer Protection Division for oversight, though mobile service disruptions are excluded from these rules.

Maddy summaryHB 5199 requires West Virginia county courts to establish County Parks, Entertainment, and Recreation Commissions (PERCs) for managing public parks and recreation facilities. The bill mandates that each commission consist of 11 members (adjusted by county population), who must be county residents owning local real estate, serving three-year terms with staggered appointments. Existing park commissions continue under this new structure until their terms expire. The law provides clear rules for membership qualifications, appointment procedures, and vacancy handling, ensuring consistent oversight of county recreational systems.

Maddy summaryHB 4651 amends West Virginia law to change how debt collectors can charge interest or fees. It allows collectors to seek these charges if authorized by either the original debt agreement *or* state law (instead of requiring both), directly affecting debt collectors and consumers. Key provisions include capping collection fees for educational loans at 33.3% of the debt and requiring clear written disclosures when debts are past the statute of limitations. The bill also prohibits specific practices like collecting fees without proper authorization or contacting consumers after bankruptcy without legal basis.

Maddy summaryHB 5274 would amend West Virginia law to grant the Secretary of State new investigative powers when enforcing the Charitable Solicitation Act. Specifically, it allows the Secretary to administer oaths, issue subpoenas for witnesses and documents, involve circuit courts to enforce subpoenas, and request legal assistance from the Attorney General during investigations of charitable organizations, professional fund-raisers, or solicitors. These changes would directly affect the Secretary of State’s ability to conduct investigations and the entities subject to the Charitable Solicitation Act. The bill does not alter penalties for violations but streamlines enforcement procedures.

Maddy summaryHB 5275 clarifies and expands the circumstances under which West Virginia voters can request absentee ballots by mail. It specifically authorizes absentee voting by mail for voters who: (1) have a medical reason, disability, or are confined due to advanced age; (2) are absent due to work, school, or military service; (3) are overseas or uniformed service voters; (4) participate in the Address Confidentiality Program; or (5) are first responders on emergency duty. The bill also establishes emergency absentee ballots for voters hospitalized on election day or confined due to illness after the 7th day before an election, requiring physician verification in some cases. This bill directly affects all registered West Virginia voters who meet these specific eligibility criteria.

Maddy summaryHB 5229 amends West Virginia law to address fraudulent financing statements that harass or defraud debtors. It prohibits filing false records under specific circumstances (e.g., unauthorized filings, material false statements) and imposes penalties: misdemeanor fines ($100-$1,000) or jail time (up to 12 months) for first offenses, and felony penalties (1-5 years in prison) for repeat violations. Debtors who believe they were harmed can file an affidavit with the Secretary of State, triggering an investigation; the Secretary may then terminate fraudulent filings and require additional documentation. Affected parties include debtors targeted by false filings, secured creditors (lenders), and the Secretary of State’s office, which gains authority to investigate and enforce penalties. Civil liability for victims includes up to $10,000 in damages, attorney fees, and punitive damages.

Maddy summaryHB 5226 amends West Virginia law to permanently prohibit the refund of filing fees paid by candidates for any elected office. The bill affects all candidates who pay fees under §3-5-8, including those running for statewide offices, judges, county officials, and party committee positions. It specifically states that fees paid - whether for president, governor, sheriff, or party committee roles - will not be returned if a candidate withdraws or fails to appear on the ballot. This change applies to all filing fees described in the existing statute, with no exceptions. The bill does not alter the fee amounts themselves but makes refunds impossible.

Maddy summaryHB 5220 clarifies who may be present near polling places during elections for normal non-voting activities, such as business operations or routine tasks. It explicitly states that people conducting legitimate business or engaging in activities that normally occur at polling places (like retail or services) may remain within 100 feet of the entrance, as long as they do not engage in electioneering. The bill also specifies that vehicles delivering voters may stop within 100 feet to drop off passengers (including those with disabilities) but must move away after discharge. It does not change existing restrictions on electioneering or voting procedures. The bill aims to remove ambiguity for businesses and residents near polling locations during election periods.

Maddy summaryHB 5222 increases fees for certified mail service of process (legal document delivery) to defendants in West Virginia. It specifically raises fees for shipping and handling when serving legal papers via certified mail, while exempting foreign veteran-owned businesses from these increased costs. The bill amends the Secretary of State’s fee schedule to implement these changes, affecting defendants served through this method. This is a procedural fee adjustment with no broader policy changes beyond the specified fee structure.

Maddy summaryHB 5223 requires West Virginia political committees (those supporting candidates for state, county, or district offices) to include the full contact details - name, address, phone number, and email - of the committee chair in their initial organizational filings. This applies to all committees filing under existing election code sections, including those for state offices, county-level races, and legislative districts. The bill also adds a required acknowledgment that committees will comply with all campaign finance reporting rules. These changes update filing requirements to improve public access to committee leadership information.