Del. Dave Foggin

Maddy summaryHB 3185, the Taxpayer Protection Act, prevents employers from misclassifying workers as independent contractors when they should be treated as employees for tax purposes. It requires West Virginia’s Tax Commissioner to apply an "ABC test" to determine worker status: whether the worker has no employer control, performs unusual work for the business, and operates as a separate business. Employers must prove all three criteria to classify a worker as independent; otherwise, the worker is presumed an employee. This directly affects individual taxpayers (workers) and employers who may have misclassified workers, ensuring the state collects proper employment taxes. The bill aims to clarify tax obligations without changing tax rates or creating new revenue streams.

Maddy summaryHB 3124 would increase West Virginia's homestead property tax exemption from $20,000 to $40,000 of a home's assessed value for qualifying homeowners. It directly affects residents aged 65 or older, or those certified as permanently and totally disabled, who own and occupy their homes as primary residences. The bill changes the exemption amount in Section 11-6B-3 of the state code, applying to the first $40,000 of assessed value (instead of $20,000) for eligible homeowners meeting residency requirements. The change would reduce property tax bills for qualifying homeowners but does not alter the existing eligibility criteria or residency rules. The bill was introduced on March 4, 2025, and referred to the House Finance Committee.

Maddy summaryHB 3118 permanently increases the percentage of real estate transfer tax retained by West Virginia counties from 65% (starting July 2024) to 100% beginning July 2025. This directly affects county clerks, who will use the full retained amount for specific purposes: 20% for general county funds, 5% for improving election administration, infrastructure, and security (per Secretary of State standards), and 5% for electronic recording infrastructure compliance. The bill modifies existing tax retention rules without changing the tax rate itself. It ensures counties have dedicated funding streams for election and clerk operations through a fixed allocation structure.

Maddy summaryHB 2705 allows Tier II teachers (those who joined the West Virginia Teachers Retirement System on or after July 1, 2015) to convert unused sick leave into retirement credit. Specifically, it lets them count one day of retirement service credit for every two days of accrued sick leave, increasing their retirement benefits. This change modifies existing retirement rules to provide an additional way for eligible teachers to boost their retirement income based on unused sick time.

Maddy summaryHB 3091 updates West Virginia's legal framework for the State Guard, establishing it as a distinct force separate from the National Guard. The bill requires the Governor to organize the State Guard by September 2025, authorizing it to defend the state, respond to emergencies (including natural disasters), and maintain order during crises. It specifies that members must be U.S. citizens aged 16 or older (including women), supplemented by reserve militia if needed, and mandates an annual budget line item through the Adjutant General's office. The bill revises multiple code sections to formalize membership rules, funding mechanisms, and operational requirements for this state military force.

Maddy summaryHB 2981 establishes the Constitutional Office Fleet Management Act, exempting five constitutional offices (Attorney General, Secretary of State, Treasurer, Auditor, and Commissioner of Agriculture) from existing fleet management rules and requiring them to follow new, specific guidelines. The bill mandates these offices to maintain vehicle logs, provide driver training, and submit annual reports detailing fleet usage (including miles driven, fuel costs, maintenance expenses, and personal vehicle reimbursements). Each office must submit a written intent to comply by July 1st and may develop its own department-specific vehicle operation rules. The law also permits constitutional offices to arrange for disposal of non-state-funded vehicles while adhering to federal and GSA standards.

Maddy summaryHB 2888 amends West Virginia Code §17-2A-8 to clarify and expand the West Virginia Commissioner of Highways' authority over road maintenance and repair. The bill requires the commissioner to implement "reasonable design techniques to minimize flood damage" during road projects and mandates public hearings with virtual participation options before closing or discontinuing state roads. It also updates procedures for acquiring land for road projects, establishing road standards, and maintaining public records related to road rights-of-way. The bill directly affects the state highway department's operational procedures and public engagement processes for road maintenance decisions. (This is a procedural amendment to existing duties, not a new funding or program.)

Maddy summaryHB 2957 changes where fees from certain agricultural-themed license plates are deposited. Specifically, it directs all fees collected for "pollinator" special license plates to be deposited into the Agriculture Fees Fund, rather than the State Road Fund. Fees for existing FFA and 4-H themed plates will continue to go to their respective funds as currently required. This bill affects organizations that apply for these special license plates, such as agricultural groups or youth organizations, by altering the destination of the fees they collect. The change is a straightforward policy adjustment to fund allocation, with no new requirements for plate applications or fees.

Maddy summaryHB 2814 requires West Virginia's Governor to create comprehensive crisis preparedness plans to address five specific threats: nuclear attacks, major energy grid disruptions, long-term cyber-attacks, invasion, and insurrection. The bill mandates that these plans include preventative measures, mitigation strategies, immediate response protocols, remediation steps, and recovery efforts. The Governor must brief the legislature on initial plans by August 31, 2025, with final plans due by November 30, 2025, followed by annual updates. The legislation directly affects state government operations and aims to protect all West Virginia residents by preparing for high-risk scenarios.

Maddy summaryHB 2533 requires the West Virginia Department of Human Services to conduct drug screening for all adults applying to become foster parents, kinship parents, or caregivers for children in the department's legal custody. The bill mandates testing for substances like cocaine, marijuana, and opiates, with applicants needing to complete approved substance abuse treatment if testing positive. A second positive test results in a 12-month suspension from placement, while a third positive test leads to permanent ineligibility. The department covers initial testing costs, but applicants must pay for any requested second test, and all test results remain confidential except as specified. The law also requires annual reporting on program costs, ineligibility rates, and successful treatment completions.