Del. Wayne Clark

Maddy summaryHB 2745, the Uniform Special Deposits Act, establishes uniform rules for "special deposits" in West Virginia - funds held in accounts for specific purposes like escrow, security deposits, or future payments. It requires these deposits to have a clear "permissible purpose" (e.g., real estate transactions, tenant security, or benefit distributions) and mandates banks to pay beneficiaries when specified conditions occur. The bill prohibits banks from using these funds to satisfy unrelated debts (no recoupment/setoff) and automatically terminates deposits after five years unless extended. It applies to banks, depositors, and beneficiaries, clarifying obligations and protections without altering existing state laws.

Maddy summaryHB 2628 amends West Virginia law to classify attacks on police service canines (K-9 units) as felonies. The bill adds "police service canine" to the definition of "law-enforcement officer" for protection purposes and increases penalties for intentionally harming them while on duty. Specifically, malicious assaults causing injury to a K-9 would carry 3-15 years in prison, up from misdemeanor penalties for similar attacks on human officers. This directly affects K-9 units and their handlers by granting them the same legal protections as human law enforcement officers. The bill does not change existing protections for human officers but extends felony-level penalties to attacks targeting K-9s.

Maddy summaryHB 2778, titled "To remove the taxation on burials, funerals and cremation," creates a tax exemption for funeral, cremation, and burial services in West Virginia. The bill directly affects funeral homes, cremation providers, and burial services by removing existing sales and service taxes on these specific services. Key provisions exempt these services from taxes under West Virginia's consumer sales and service tax code, as defined in §30-6-1 et seq. This policy change eliminates a tax obligation for providers of these end-of-life services.

Maddy summaryHB 2788 allows West Virginia State Police officers to convert unused annual or sick leave into retirement credit or to help cover health insurance costs. Officers would receive two days of retirement credit for every day of accrued leave used, calculated based on 20 workdays per month of service. However, officers who joined the retirement system on or after July 1, 2015, cannot use leave to increase retirement credit (though they may still use it for health insurance). The bill applies specifically to members of the West Virginia State Police Retirement System.

Maddy summaryHB 2786 exempts the salaries of specific public safety workers from West Virginia's personal income tax. It directly affects law enforcement officers, firefighters, correctional officers, and emergency medical services personnel who meet the definitions in existing state law. The bill adds a new tax provision stating these workers' salaries are not subject to state income tax. This creates a concrete policy change by removing a tax burden on these frontline public safety professionals.

Maddy summaryHB 2791, the "Public Adjuster Professional Standards Reform Act," establishes new licensing requirements and standards for public adjusters in West Virginia. It requires all public adjusters to obtain a state license by meeting age, background, and exam criteria, and mandates financial responsibility through a $5,000 surety bond or $50,000 letter of credit. The bill also creates specific contract rules between adjusters and insured clients, defines insureds' rights, and sets penalties for violations of these standards. This directly affects public adjusters (professionals hired by policyholders to handle insurance claims) and the homeowners or businesses they represent. The law aims to strengthen oversight of this profession through clearer licensing, financial safeguards, and enforceable contract terms.

Maddy summaryHB 2744, the Uniform Child Abduction Prevention Act, creates a standardized legal framework in West Virginia to prevent child abduction during custody disputes. It allows courts to issue protective measures - such as travel restrictions or custody orders - when a credible risk of abduction is proven, directly affecting children in custody cases, their parents or guardians, and family courts. Key provisions require petitions to include specific details like the child’s location, prior abuse allegations, and evidence of abduction risk, while mandating courts to consider factors like history of domestic violence. The bill also establishes uniform procedures for courts to communicate across jurisdictions and issue temporary emergency orders. This replaces inconsistent local practices with a statewide system for preventing child abduction before it occurs.

Maddy summaryHB 2652, the "Protection of Shared Physical and Digital Property from Warrantless Searches Act," requires government agents to obtain a person’s consent or a judicial warrant based on probable cause before searching or seizing digital or physical information shared with third parties (like banks, cloud services, or service providers) for goods or services. It directly affects all West Virginia residents who share personal information with third parties to access everyday services, such as financial or digital accounts. The bill defines "shared property" to include digital records and physical documents held by third parties for service provision, and explicitly rejects the current "Third Party Doctrine" that allows warrantless access to such information. It establishes that individuals retain constitutional privacy protections for shared information, requiring government action to follow standard warrant procedures. The bill is currently in the House Judiciary committee after being introduced on February 20, 2025.

Maddy summaryHB 2660 requires buyers of properties sold at tax auctions (by the West Virginia Auditor for unpaid taxes) to pay off any city or town tax liens before receiving a deed. Purchasers must provide the Auditor with certified proof that the lien has been satisfied by the local government. This ensures local government claims are resolved before property ownership transfers. The bill directly affects tax sale buyers and municipalities that issue lien satisfaction records.

Maddy summaryHB 2670 would double West Virginia's homestead property tax exemption from $20,000 to $40,000. This change directly affects homeowners aged 65 or older, or those certified as permanently and totally disabled, who occupy their primary residence and meet residency requirements. The bill increases the dollar amount covered by the exemption, meaning eligible homeowners would pay property taxes on the value above $40,000 instead of $20,000. It maintains existing eligibility conditions, including two years of continuous West Virginia residency (with exceptions for returning residents and military personnel), without altering other provisions.