Rep. Bryan Smith

Maddy summaryHJR 40 proposes a constitutional amendment to change how members of the West Virginia State Board of Education are selected. It would replace the current system of nine appointed members with a hybrid model: five members elected on a partisan basis from five geographic regions (serving staggered four-year terms), and four members appointed by the Governor with Senate consent. The amendment would require the Board to submit any rules or policies they create to the Legislature for review, approval, amendment, or rejection. If approved by voters in the 2026 general election, these changes would take effect with the 2028 general election, modifying the current appointment system for the Board.

Maddy summaryHB 3476 expands West Virginia's civil rights protections by adding "gender" and "sexual orientation" to the list of characteristics that cannot be the basis for violence, intimidation, or interference with rights. It makes it a felony to willfully injure, threaten, or interfere with someone due to their race, color, religion, ancestry, national origin, political affiliation, sex, gender, or sexual orientation, punishable by fines up to $5,000 or 10 years in prison. The bill also requires courts to consider bias as an aggravating factor in sentencing for other crimes and explicitly exempts self-defense instruction and lawful labor union activities. This directly affects individuals who experience or commit bias-motivated violence or intimidation, and it applies to all people within West Virginia.

Maddy summaryHB 3376 allows school districts facing imminent consolidation to hold emergency levy elections outside regular primary or general election dates. This amendment to West Virginia law enables local levying bodies to schedule special elections specifically to address funding needs related to school consolidation, bypassing standard election timing rules. The bill requires clear ballot wording specifying the levy purpose and tax rates for different property classes, while maintaining standard election procedures for processing votes. It directly affects school districts in counties with pending consolidation plans seeking immediate voter approval for renewal levies. The policy change streamlines election timing without altering levy amounts or creating new taxes.

Maddy summaryHB 3328 requires hospitals and healthcare facilities to provide effective communication tools for deaf or hard-of-hearing patients and their families when ASL interpreters aren't available on staff. Specifically, facilities must offer technology like hearing loops, captioning services, or video relay systems to enable communication. The bill also mandates that any ASL interpreters used must be approved by the West Virginia Commission for the Deaf and Hard of Hearing. This applies to all hospitals, ambulatory care facilities, and extended care centers under West Virginia law, aligning with the Americans with Disabilities Act.

Maddy summaryHB 3078 establishes a 15 mph speed limit in licensed childcare zones during childcare hours (when children are entering or leaving). It defines childcare zones as all licensed childcare property, including grounds and 125 feet of adjacent streets or highways, similar to existing school zone rules. The bill requires the West Virginia Division of Highways to install signage marking these zones and applies the speed restriction during childcare operation times. This directly affects drivers passing near licensed childcare facilities during drop-off/pick-up periods, mirroring the safety measures already in place for school zones. The bill does not change existing speed limits outside these designated zones.

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 3186 amends West Virginia's labor laws to strengthen the "West Virginia Jobs Act" for public construction projects. It requires employers receiving a local labor utilization waiver (to hire outside the local area) to hire outside workers at the same qualifications and wage rates they provided to Workforce West Virginia. The bill clarifies that the Jobs Act applies to all public construction projects, including those managed by the West Virginia Development Authority, and mandates the Division of Labor to create a public online database of certified payroll records (with personal information redacted) for all employers working on public contracts. This database will include employee residence locations and occupations, making the data accessible to the public for transparency.

Maddy summaryHB 3184, the Local Government Freedom Act, requires West Virginia local governments to award construction contracts over $25,000 to the "lowest qualified responsible bidder" rather than allowing them to use pre-hire union agreements (project labor agreements). The bill defines "lowest qualified responsible bidder" as the bidder meeting all legal requirements and offering the lowest price, while prohibiting political subdivisions from entering into project labor agreements for most construction projects. It also sets a $500,000 cap on open-ended maintenance contracts and mandates specific bonding requirements for bidders. This bill directly affects cities, counties, and school boards when procuring construction work.

Maddy summaryHB 3261 clarifies the qualifications for Certified Registered Nurse Anesthetists (CRNAs) to administer anesthesia in West Virginia. It requires CRNAs to hold both a registered nursing license and an advanced practice nursing license, complete a nationally accredited anesthesia program, and maintain national certification. The bill defines "cooperation" between CRNAs and physicians/dentists as a collaborative process where each contributes based on their expertise, and specifies that physicians are not liable for CRNA actions under this framework. This directly affects CRNAs, physicians, dentists, and healthcare facilities by standardizing practice requirements and supervision protocols for anesthesia administration.

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.