Members of the West Virginia Municipal League have an opportunity every Friday at 11:30 a.m. via Zoom to go over bills being considered by the legislature that can have impacts (pro or con) on municipalities. I try to call in every Friday regardless of other obligations. It is 30-minutes well spent.
As of last Friday, 15-days of this legislative session remained. It is never over until it’s over, but things have been fairly smooth at the municipal level. The League has noted 2,694 bills have been introduced so far this year, which appears to be a record. The House Bill introduction deadline passed last Tuesday, with only limited exceptions (notably budget-related measures).
Senate bill introduction is closed.
Many key bills have been discussed:
HB 5622/SB 1021 (clean-up to last year’s SB 50 election synchronization). HB 5622 is legislation the WVML requested to clean up operational ambiguity created by last year’s SB 50 (election synchronization). The bill was explained in committee, received no questions, and was advanced to the next stage.
The Senate companion is SB 1021. We believe the HB 5622 will run first and are hoping it will result in clear cleanup language that reduces unnecessary friction for municipalities implementing the law.
House budget item (D-LAP funding). We discussed the House’s version of the budget, which includes an additional $10 million appropriation for the D-LAP program. This is a straight appropriation (not supplemental), and we encouraged municipalities to reinforce to their senators the importance of keeping that funding in the final budget.
Marlinton has used these funds over the last 3-4 years and has notified the program that we hope to submit again, as soon as funding is secured.
HB 4418 (state portal for municipal B&O remittance; voluntary participation and “pass-through” concerns). HB 4418 would have the State Tax Department establish a portal for remitting municipal B&O taxes, modeled on the sales tax system. WVML flagged two key points we are pressing: (1) participation must be voluntary for municipalities, and (2) the state’s role should be limited to pass-through collection and reporting, not administration. We also raised concerns about the state retaining a portion of collections (as occurs in sales tax administration) and suggested a user-paid convenience fee model instead; that option was rejected by the chair. The bill has had an initial hearing but has not yet returned for markup/passage.
SB 894 / HB 5364 (Home Rule Board) remains safe, as is.
TO BEE or NOT TO BEE. SB 927 (bees; local preemption). SB 927 is the “bees” bill and would preempt local authority over bees, including zoning and municipal regulation. The bill has advanced through committee and is expected to move in the Senate. We discussed a “least harmful” mitigation strategy if the bill cannot be stopped: (1) require a clear Agriculture Department point-of-contact for municipalities, and (2) require documented state sign-off so municipalities can confirm hive siting and basic beekeeper competency have been reviewed by the state. We also discussed potential additional narrowing (e.g., limiting hives in dense downtown business districts) given the bill’s stated agriculture rationale.
SB 856 (fire marshal / municipal certified fire officials). SB 856 concerns State Fire Marshal jurisdiction and municipal authority where municipalities have certified fire code officials/inspectors/plans examiners.
WVML is reviewing the introduced language and will follow up with practical implications for municipalities. But, as drafted, it appears to exclude multifamily/apartment occupancies and could otherwise reduce local inspection/investigative authority without a workable state backfill, creating an enforcement and life-safety gap.
Note: Put a copy of this Mayor’s Corner on your nightstand for times you have trouble getting to sleep. Read, and by now, you should be snoring.
Sam
