West Virginia 2024 Regular Session Status: Passed House Of Delegates Bipartisan · 9 R · 1 D cosponsors

HB 4867 — Require pornography websites to utilize age verification methods to prevent minors from accessing content

Last action — Communicated to Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced January 17, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · high confidence

  • Passed House of Delegates

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amendment to Bill HB 4867 changes its title to better reflect its focus on protecting children from harmful online content, specifically by establishing liability for publishers and distributors of sexual material that may be harmful to minors. It outlines new responsibilities for these entities, including the requirement to verify the age of users accessing their content and includes the consequences for failing to comply. This is important because it aims to create a safer online environment for minors while holding companies accountable for the materials they distribute, ultimately working toward enhanced child protection online.

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Latest
HB4867 S JUD AMT #1 3-3Mowen  7888 The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
HB4867 HFAT Linville 2-16Morgan 3345 Delegate Linville moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
House Bill 4867—A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §49A-1-101, §49A-1-102, §49A-1-103, §49A-1-104, and §49A-1-105 all relating to creating liability for publishers and distributors of sexual material harmful to minors;
B.
4867 -- “A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated chapter 49A.
Child Online Protection and Liability, by adding thereto a new article, designated §49-A-1-101 Liability for Publishers and Distributors of Sexual Material Harmful to Minors, by adding thereto new sections designated §49-A-1-101, §49-A-1-102, §49-A-1-103, §49-A-1-104, §49-A-1-105, §49-A-1-106, and §49-A-1-107 all relating to creating liability for publishers and distributors of sexual material harmful to minors;
establishing requirements, liability, and a establishing a cause of action for the retention of data;
establishing requirements, liability, and a establishing a cause of action,  for the retention of data;
imposing liability for publishers and distributors of material harmful to minors who fail to comply with verification requirements;
 imposing liability for publishers and distributors of material harmful to minors who fail to comply with verification requirements;
providing that an internet service provider or hosting entity is not liable for hosting or transmitting material harmful to minors to the extent that it is not the creator of the material;
imposing liability for publishers and distributors of material that is obscene or child pornography;
and providing that an internet service provider or hosting entity is not liable for hosting or transmitting material harmful to minors to the extent that it is not the creator of the material;
relating to certain civil actions allowable by the Attorney General, relating to remedy of civil penalties, and relating to a five year statute of limitations for civil actions relating for attorney general civil actions. AdoptedRejected
relating to certain civil actions allowable by the Attorney General, relating to remedy of civil penalties, relating to how amount of civil penalties are to be based;
relating to a five year statute of limitations for civil actions relating for attorney general civil actions;
relating to rule-making authority of the Office of Technology;
relating to enforcement of the provisions of this article;
and relating to a severability section.”;    AdoptedRejected 
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Action History

  1. Communicated to Senate

  2. House refused to concur; requested Senate to recede (Voice)

  3. House received Senate message

  4. Senate requests House to concur

  5. Passed Senate with amended title (Roll No. 410)

  6. Read 3rd time

  7. On 3rd reading

  8. Committee amendment adopted (Voice vote)

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. Immediate consideration

  13. Reported do pass, with amendment and title amendment

  14. To Judiciary

  15. To Judiciary

  16. Introduced in Senate

  17. Communicated to Senate

  18. Title amendment adopted (Voice vote)

  19. Passed House (Roll No. 203)

  20. Read 3rd time

  21. Amendment adopted (Voice vote)

  22. Amendment reported by the Clerk

  23. On 3rd reading, Special Calendar

  24. On 3rd reading with amendments pending and right to amend, Special Calendar

  25. Read 2nd time

  26. On 2nd reading, Special Calendar

  27. With amendment, do pass

  28. To House Technology and Infrastructure

  29. Committed to Technology and Infrastructure on 2nd reading

  30. On 2nd reading, Special Calendar

  31. Postponed on 2nd reading, Special Calendar, until 2/2/2024

  32. On 2nd reading, Special Calendar

  33. Read 1st time

  34. On 1st reading, Special Calendar

  35. By substitute, do pass

  36. To House Judiciary

  37. Introduced in House

  38. To Judiciary

  39. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 142 not signed on

Sponsors (1)

Co-sponsors (9)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 16001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Not Voting
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 63003
Democrat 8000
Unaffiliated 25001
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Forsht — Yea
Kirby — Yea
Rowe — Yea
Foster — Yea
Kump — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Griffith — Yea
Steele — Yea
Hamilton — Yea
Martin — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Householder — Yea
Winzenreid — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Ross — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Not Voting
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Not Voting
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4867?
HB 4867 is sponsored by Elias Coop-Gonzalez (Republican), Carl Martin (Republican), Betsy Kelly (Republican), Kayla Young (Democrat), Pat McGeehan (Republican), Laura Kimble (Republican), Eric Brooks (Republican), Phil Mallow (Republican), Jonathan Pinson (Republican), and Geno Chiarelli (Republican).
What is the current status of HB 4867?
This bill has passed the House of Delegates. Introduced January 17, 2024. It now moves to the second chamber.
Where can I track HB 4867?
Track HB 4867 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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