Del. David Kelly

Maddy summaryHB 3129 modifies retirement benefits for West Virginia Natural Resources Police Officers. It changes the retirement benefit calculation to 2.75% of final average salary multiplied by years of service for officers retiring on or after January 1, 2027 (up from 2.25% for current retirees). The bill also clarifies that surviving spouses receive benefits regardless of whether an officer died from duty-related or non-duty-related causes, and specifies death benefits for members with less than 10 years of service. Additionally, it allows the retirement board to set employer contribution rates. These changes directly affect current and future members of the Natural Resources Police Officer Retirement System.

Maddy summaryHB 3191 requires people to maintain a 25-foot distance from law enforcement officers, probation officers, firefighters, or emergency responders while they are performing their duties, particularly when someone is recording interactions. It prohibits approaching or staying within 25 feet after receiving a verbal warning, if the person intends to interfere with the officer’s work, threaten them, or intentionally distress them. Violating this rule is a misdemeanor punishable by a $50-$500 fine, up to one year in jail, or both. The bill directly affects members of the public who record police or emergency interactions near the scene.

Maddy summaryHB 2362 clarifies and expands the law-enforcement authority of correctional officers in West Virginia's Division of Corrections and Rehabilitation. It removes standard law-enforcement certification requirements for officers who complete the division's training program, authorizes the commissioner to consult with a professional standards subcommittee on training, and specifies their arrest powers (e.g., for violations on facility property or during custody). The bill also allows correctional officers to carry firearms after completing approved training, designates certain staff as "correctional peace officers" with limited investigative and warrant-execution authority, and continues the Corrections Special Operations Team with specific response responsibilities. These changes directly affect correctional officers and their operational capabilities within state correctional facilities.

Maddy summaryHB 3128 clarifies that elected municipal police chiefs in West Virginia must be certified law-enforcement officers, as required by existing law. It specifically applies to new or appointed police chiefs taking office on or after July 1, 2018, ensuring all such leaders meet certification standards. The bill does not affect current police chiefs who were already serving before that date. This amendment reinforces existing certification requirements without creating new obligations for current officeholders.

Maddy summaryHB 3138 would create a 25-foot buffer zone around first responders (including police, firefighters, and emergency medical personnel) while they are lawfully performing their duties. It makes it unlawful to approach within 25 feet after receiving a verbal warning, specifically to impede their work, threaten them with harm, or harass them. Violators would face misdemeanor charges with fines of $50-$500 or up to one year in jail. The bill directly affects anyone near first responders during emergency operations and aims to protect them from interference. (Note: The bill is in early stages, having been introduced on March 4, 2025.)

Maddy summaryHB 2383 replaces West Virginia's West Virginia Contraband Forfeiture Act with a new Criminal Forfeiture Process Act. It applies specifically to property used in or derived directly from felony violations of controlled substance laws (e.g., drug crimes), shifting forfeiture procedures from separate civil processes to the criminal court handling the underlying case. Key provisions define terms like "contraband" (unlawful items like drugs), "innocent owner" (someone unaware their property was used in a crime), prohibit civil forfeiture, and ban transferring seized property to federal agencies for federal forfeiture. This directly affects law enforcement agencies and individuals whose property is linked to drug-related felony convictions.

Maddy summaryHB 3108 would add a $15,000 annual commission to West Virginia sheriffs' pay after they collect 85% of all property taxes (real and personal) in their county. This commission, paid from tax funds, would become part of the sheriff's regular compensation alongside their existing salary. The bill directly affects county sheriffs, who serve as the chief tax collectors for their jurisdictions. It modifies current compensation by creating a fixed payment tied to a specific tax collection threshold.

Maddy summaryHB 3115 expands expungement eligibility in West Virginia to include individuals who plead guilty to certain misdemeanors after successfully completing pre-trial diversion or deferred adjudication programs. It allows these individuals to petition a circuit court for the removal of all related arrest, charge, and misdemeanor conviction records, treating the matter as if it never occurred. The process requires a 60-day waiting period after program completion, no filing fees, and mandates agencies to certify expungement within 60 days. This applies only to qualifying misdemeanors and excludes felony convictions, domestic violence cases involving family members, and records held by the Division of Motor Vehicles.

Maddy summaryHB 2785 requires dental insurance carriers in West Virginia to publicly report how much of collected premiums are spent on actual dental care versus administrative costs, using a "dental loss ratio" (DLR) calculation. If a carrier’s DLR falls below 80% (the minimum threshold), they must issue rebates to enrollees for excess premiums collected. The bill mandates annual reports detailing premium spending, enrollee data, and coverage limits, with findings made searchable on a public state website by January 1 each year. This directly affects private dental insurance companies (excluding Medicaid/CHIP plans) and their enrollees by increasing transparency and financial accountability.

Maddy summaryHJR 30 proposes a constitutional amendment to limit service in five specific West Virginia constitutional offices to three consecutive terms, effective January 1, 2029. It directly affects the Secretary of State, State Auditor, State Treasurer, Attorney General, and Commissioner of Agriculture. The amendment prevents any individual from serving more than three consecutive terms in these roles for terms beginning after January 1, 2029, while grandfathering terms served prior to that date. The proposed change must be ratified by voters in the 2026 general election to take effect.