Rep. Wayne Clark

Maddy summaryHB 5512 updates West Virginia's land records system to combat fraud and improve property owner protections. It defines "suspicious documents" (e.g., those with mismatched notary details, false claims about laws, or non-compliance with recording standards) and gives county recorders authority to refuse recording them, report to law enforcement, or notify the involved notary. The bill requires recorders to establish a free property alert system by January 1, 2027, allowing owners to receive notifications about documents affecting their property via mail, text, or email. It also protects recorders from monetary liability when correctly refusing to record suspicious documents and mandates educational materials for notaries on deed fraud prevention.

Maddy summaryHB 5504 defines "low-proof spirit alcohol products" as non-wine, non-beer beverages containing 0.5% to 15.5% alcohol by volume, packaged in containers of 25 ounces or less. The bill establishes new requirements for manufacturing, selling, and distributing these products, including specific tax rules and a grant of rulemaking authority to the West Virginia Alcohol Beverage Control Commission. It directly affects businesses producing or selling such beverages, as well as the commission responsible for enforcement. The law replaces existing regulations to create a distinct category for these lower-alcohol products, which were previously covered under broader alcohol rules.

Maddy summaryHB 5461 creates the "Financial Accountability Stable Token Act" (FAST Act), authorizing West Virginia to use U.S.-dollar-backed stable tokens for payments to state vendors and contractors. The bill establishes strict requirements for qualifying tokens, including 1:1 U.S. dollar backing, U.S. corporate control, quarterly audits, and public reserve reports, all overseen by the State Treasurer. Participation by vendors and contractors is voluntary - no one can be forced to accept token payments - and the state will maintain a public list of approved tokens. The law also mandates annual reporting on transaction volumes, cost savings, and risk assessments to ensure fiscal safety.

Maddy summaryHB 4501 establishes the Dietitian Licensure Compact, allowing West Virginia-licensed dietitians to practice in other participating states without obtaining separate licenses. It requires applicants seeking to practice in a "remote state" (a state other than their home state) to complete a national and state criminal background check with fingerprinting, pay associated costs, and authorize the West Virginia Board of Dietitians to share results with state and federal agencies. Background check results are kept private - only shared with the applicant, with their written consent, or by court order - and are not considered public records. The bill creates a commission to manage the compact, set uniform requirements for interstate practice, and handle disciplinary actions across member states. This directly affects dietitians seeking to provide services across state lines and reduces administrative burdens for both professionals and states.

Maddy summaryHB 4011 creates a certification framework for verifying that recycled materials used in manufacturing actually contribute to the final product, through third-party certification of "mass balance attribution." This directly affects manufacturers who want to use recycled feedstock (like plastic waste) in new products, as it standardizes how recycled content is measured and verified. The bill amends West Virginia's solid waste laws to clarify that advanced recycling facilities (which convert waste plastics into raw materials) are not considered waste disposal sites, supporting their role in recycling. By streamlining certification, the bill aims to reduce barriers for businesses adopting recycled materials in production.

Maddy summaryHB 5403 establishes fire safety requirements for West Virginia agritourism businesses - such as farms hosting visitors for activities like hayrides, corn mazes, or petting zoos - that use facilities for occasional events. It mandates specific safety measures including multiple exits based on occupancy, fire extinguishers, emergency lighting, carbon monoxide detection, and emergency evacuation plans, while prohibiting overnight lodging unless full fire codes are met. The bill applies to businesses using structures for visitor purposes but exempts certain facilities (like educational field trips) from full building code compliance, requiring only minimum fire safety standards. These rules apply to existing and new agritourism operations, with electrical and fire safety standards updated for new constructions.

Maddy summaryHB 5402 creates a refundable tax credit for West Virginia businesses operating qualified distribution centers. It allows these businesses to claim a dollar-for-dollar credit against state taxes for toll payments exceeding $150,000 made via the West Virginia EZ Pass system on ground transportation of finished, packaged retail goods. The credit requires using RFID Tag Readers or comparable systems approved by the West Virginia Parkways Authority to track eligible tolls. The credit applies to toll payments made in 2026 and future tax years, with the program effective July 1, 2026.

Maddy summaryHB 5342 clarifies when home purchasers in West Virginia can cancel a real estate contract if a seller fails to provide required resale disclosures. The bill mandates that sellers must give purchasers a certificate containing key financial and legal details about a property (like unpaid fees, insurance, and association rules) before closing. If the certificate isn't delivered by the contract ratification date, purchasers can cancel within three days (or a longer period specified in the contract). This directly affects buyers and sellers in condominiums, cooperatives, and other community property sales governed by association rules. The law amends West Virginia Code §36B-4-109 to standardize cancellation timelines and reduce disputes over missing disclosures.

Maddy summaryHB 5329 would allow West Virginia counties to use up to 25% of impact fees (fees charged to developers for new construction) for operational costs, such as maintaining roads and public services, instead of only for specific infrastructure projects. The bill creates an "operational sinking fund" that can cover all county operations except schools, and existing impact fees already collected can be redirected to this fund. It takes effect immediately upon passage. This change directly affects counties managing development fees and developers paying those fees.

Maddy summaryHB 5326 increases the amount of pension income subject to annual cost-of-living adjustments (COLA) for retired municipal police officers, firefighters, and water/sewage system employees from $15,000 to $30,000 per year. Currently, only the first $15,000 of a retiree’s pension was adjusted for inflation each year; this change extends the COLA calculation to the first $30,000. The bill does not alter the 4% annual COLA cap or the two-year waiting period for new retirees. This policy change directly affects eligible retired municipal public safety and utility workers by providing broader inflation protection on their pension benefits.