Del. Andy Shamblin

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 2614 allows full-time county school board employees in West Virginia to receive a lump sum payment for unused personal leave if they die before retirement. The payment, calculated at their final rate of pay (excluding weekends/holidays), goes directly to their estate's personal representative one month after a request. It excludes weekends and holidays, does not deduct retirement contributions, and cannot be used to calculate final retirement salary. This bill specifically applies to county school employees and provides a financial benefit to their estates upon death.

Maddy summaryHB 3196 establishes West Virginia's first comprehensive regulations for teledentistry, requiring dentists and dental hygienists to hold valid state licenses and maintain professional liability insurance when providing remote dental services. The bill mandates that teledentistry services meet the same standard of care as in-person care, prohibits treatment based solely on online questionnaires, and requires providers to establish a "bona fide" provider-patient relationship through review of medical records and an in-person examination before offering ongoing care. It specifically defines key terms like "teledentistry" (including real-time and store-and-forward technology), "distant site," and "originating site," while allowing exceptions for emergent dental conditions requiring immediate treatment. This legislation directly affects dental providers offering remote services and patients receiving teledentistry in West Virginia, aiming to ensure safety and accountability in virtual dental care.

Maddy summaryHB 2681 requires all West Virginia high school students to learn proper American flag etiquette - including handling, folding, displaying, honoring, and retiring the flag - as part of their graduation requirements. This bill amends existing curriculum standards to add flag etiquette instruction to civics and history courses, mandating that students pass an exam on this topic before graduating. The requirement applies specifically to public high schools and builds upon current mandates for U.S. history, civics, and government education. The bill does not alter existing health or other curriculum standards but adds a new, specific knowledge requirement for graduation.

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 2521 provides a one-time cost-of-living supplement to West Virginia state retirees with annual retirement benefits under $75,000. To qualify, retirees must be at least 65 years old and have been retired for five or more consecutive years as of July 1, 2026. The supplement equals 10% of their annual benefit amount below $75,000, paid as a single lump sum. This policy change specifically affects lower-income retirees under the state retirement system who meet the age and tenure requirements, effective July 2026. The bill does not create ongoing annual increases but offers a one-time adjustment to retirement benefits.

Maddy summaryHB 3052 requires West Virginia municipalities to allow at least one accessory dwelling unit (ADU) "by right" on single-family residential lots by January 1, 2026. It prohibits local governments from imposing restrictions like extra parking requirements, design matching rules, occupancy conditions, or impact fees on ADUs, while setting size limits (max 75% of the main house or 1,000 sq. ft.). The bill directly affects homeowners seeking to add secondary housing units and municipalities that currently regulate ADUs more restrictively. It mandates that all ADUs must have basic amenities (cooking, sleeping, sanitation) and comply with building codes, but does not override safety regulations. The law takes effect January 1, 2026, with non-compliant existing regulations voided.

Maddy summaryHB 3053 requires West Virginia municipalities to allow accessory dwelling units (ADUs) - secondary homes on single-family lots - by right, without discretionary approvals like public hearings or variances. It limits ADU size to 75% of the main home’s floor area or 1,000 sq. ft. (whichever is smaller) and bans municipalities from imposing extra parking, design matching, occupancy, or impact fees. Municipalities may charge a $250 one-time review fee for ADU applications but cannot restrict ADUs more strictly than main homes. The bill applies to all cities and towns with zoning authority, requiring compliance by January 1, 2026, and explicitly excludes mission-driven non-profit housing from its provisions (despite the bill’s title suggesting otherwise).

Maddy summaryHB 3054 prohibits West Virginia municipalities from requiring larger minimum lot sizes for properties with accessory dwelling units (ADUs, like backyard cottages) compared to standard single-family homes in the same zoning district. This bill directly affects local governments that create zoning ordinances and homeowners seeking to add ADUs. The key provision removes a specific requirement from zoning rules that would otherwise mandate bigger lots for ADU properties, allowing more flexibility in housing development. The bill does not change other zoning regulations but targets this one provision to support accessory housing options.

Maddy summaryHB 2891 would require all high school students in West Virginia to complete 20 hours of community service to receive a high school diploma. The state board of education must compile a list of approved community service activities for school districts to use. Schools may also approve additional activities after review by the school, county board, or state board. This bill directly affects every high school student seeking graduation in the state.