BY TAYLOR BENNETT, COMMUNITY DEVELOPMENT POLICY COORDINATOR, THE HUB

The 2019 session was a record breaking one, with 155 Senate bills and 139 House bills passed – the most in recent history. Of these bills, though, only a few of the ones we thought would impact WV communities the most made it through.

Taking a look back at what sort of bills moved and which ones didn’t provides valuable insight into where legislators directed most of their attention this year and where citizen lobbyists might need to be more involved next time around.

Senate Bills

Passed:

SB 1 – Increasing access to career education and workforce training

• This is the free community and technical college bill. The bill passed with provisions only for community and technical colleges and includes a stipulation that participants be drug tested.

SB 317 – Authorizing three or more adjacent counties to form a trail network authority

• We’ve talked about this bill and others similar to it a lot this session. This bill allows counties to create a trail network authority to help promote and manage regional trail networks in WV.

SB 622 – Relating to financing of elections

• This is the first time we’re discussing this bill. It increases the amount of money that political candidates are able to receive from donors for their campaigns.

Failed:

SB 29 – Creating a 10 year tax credit on post coal mine sites

• This bill would have given businesses an incentive for choosing to locate on post coal mine sites through a 10 year tax credit.
• It was passed through the Senate, but never made it through the Small Business, Entrepreneurship, and Economic Development Committee in the House.

SB 117 – Incentives for consolidation of local governments

• This bill would have given local governments which consolidate a number of benefits related to infrastructure and municipal/ county revenue.
• It passed through the Senate but was never put on the agenda for the House Government Organization Committee.

SB 118 – Creating an independent redistricting committee

• Currently, there are several pieces of legislation that call for the redistricting of the WV House of Delegates and the Senate. This bill would have created an independent redistricting committee to draw those district lines.
• Since this bill didn’t pass, district lines will be determined by a committee selected by whomever is in leadership in the House and Senate when it comes time to get to work.

SB 383 – Creating the WV Healthy Food Crop Block Grant Program

• This bill would have created grants for farmers who grow healthy crops for community nutrition programs. It was passed through the Senate but never made it out of the House Finance Committee.

House Bills

Passed:

HB 3024 – Business Ready Sites Program

• This bill provides funding to run infrastructure like electricity and water/sewer to potential sites for large businesses. Legislative actions were completed on the last day of session.

Failed:

HB 2309 – Allowing municipalities to cancel elections when only one person is running

• We’ve talked about this bill before and how it could have helped smaller municipalities save money by not having to hold elections when there is only one person on the ballot for each office.
• This bill never made it out of the House.

HB 2484 – Establishing the Mountaineer Trail Network Authority

• While this bill didn’t pass, SB 317 did, allowing the Mountaineer Trail Network to create an authority anyway.

HB 2576, HB 2724, HB 2891 – Small Business Tax Credits

• Each of these bills would have provided varying degrees of tax credits for new and/or existing small businesses.
• All of them failed to pass through both chambers of the Legislature.

HB 2769 – Citizen and State Accountability Act

• This bill would have required all municipalities and state agencies who apply for a major grant to submit their proposal to the Governor for review.
• This bill died in the House Political Subdivisions Committee.

HB 2871 – Increasing the State minimum wage

• This bill would have increase WV’s minimum wage to $12.00 per hour in increments over the next 3 years.
• The bill died in the House Small Business, Entrepreneurship, and Economic Development Committee.

BY TAYLOR BENNETT, COMMUNITY DEVELOPMENT POLICY COORDINATOR, THE HUB

This year was a record setting year for the WV Legislature. Not only was it the second year in a row in which a balanced budget bill was passed without the need for a special session, legislators managed to review and pass a whopping 294 bills this year.

Before any of them can make the final leg of their journey – a trip across the governor’s desk – they first must undergo a rigorous review process.

Up for Review

This final step conducted by the legislature ensures that each bill is worded so that it will function as legislators intended when the bill was passed and that any errors are corrected. The Clerk’s office in both the Senate and the House complete this review under the supervision of a special committee called the Committee on Enrolled Bills.

It can take several days between when a bill is passed by both houses, and the time that the bill reaches the Governor’s desk. This lag time is due to the fact that a great number of bills are passed on the last few days of session and the fact that the budget bill, which has a stricter set of deadlines than other bills, is prioritized

On to the Governor

When evaluating whether or not to sign a bill, a governor has a very specific timeline they must follow. If the legislature is in session, the governor has five days to approve or veto any bill they receive. After the session ends, they can take up to 15 days to deliberate before taking action. The only exceptions are bills that deal with the budget or supplemental appropriations, in which case they only get 5 days to make a decision.

The time bills have in this queue presents a last opportunity for citizen advocates to intervene in the process by either expressing support for or opposition to legislation.

During this deliberation period, the governor is deciding between three choices — approve, veto, or ignore.

If the governor likes a bill, they can simply sign their name and the bill will become law on the effective date listed in the legislation.

If the governor does not like a bill, they have the authority to veto it and prevent it from becoming law. For regular bills, the legislature is able to override this veto power with a majority vote. In the case of the budget or supplemental appropriations bills, though, it takes a two-thirds vote from both houses to override the veto.

In the case that the governor doesn’t take action before these deadlines, the bill automatically becomes a law without a signature.Keep posted on which actions are being taken on bills using this section of the WV Legislature’s website.

BY TAYLOR BENNETT, COMMUNITY DEVELOPMENT POLICY COORDINATOR, THE HUB

One of the major victories won on behalf of WV communities this session was the passage of SB 4 – a bill that makes the Municipal Home Rule Program permanent and opens it up to all municipalities in the state.* A lion’s share of the credit for the passage of this bill goes to the Municipal League whose advocacy has been at the forefront of the push for Home Rule as a statewide program for years.

Home Rule Basics

Home Rule originated in 2007 and sets up a process for municipalities to adopt ordinances that address local issues, without needing to be granted express permission to do so by the WV state code. It also sets up a board to review these proposed ordinances to make sure that municipalities have followed the proper procedure and that they are legal.

Prior to this session, Home Rule privileges were granted to communities through a pilot program that was slated to end in 2019. With just hours to go before the session ended, legislators passed this vital policy giving municipalities the ability to do what they know how to do better than anyone: address challenges unique to their communities.

Home Rule: Addressing Community Challenges

Municipalities that were a part of the pilot program have already been using Home Rule to address a wide variety of issues such as:

• Creating methods to address vacant and abandoned properties like having the authority to use city resources to clean up blighted properties, being able to dispose of property without an auction, on the spot citations
• Establishing a 1% sales tax to increase municipal revenue
• Attracting new business opportunities and revenue through allowing alcohol sales at brunch or reducing the B&O tax
• Enabling municipalities to enter into contracts with other government entities by resolution

Originally, Home Rule was designed to be a testing ground where solutions to common problems were tried out at the local level to determine whether or not it would be a good idea to implement them statewide. For example, the legislation that allows all municipalities to create vacant building registries was first tried out as a Home Rule ordinance.

Now, these opportunities are open to all 232 municipalities in WV. Thanks to this policy, and the hard work of the Municipal League, we’re envisioning a future where WV communities can use new and innovative solutions to address unique challenges, grow their economies, and strengthen their communities.

*Class IV cities, or those with a population of less than 2,000, will be allowed into the Home Rule Program at a rate of 4 cities per year.

BY TAYLOR BENNETT, COMMUNITY DEVELOPMENT POLICY COORDINATOR, THE HUB

Legislators, staff, and citizens alike may be pausing for a well deserved rest, but it is clear that the policymaking process is not over. As we wait for the announcement of dates for the Governor’s special session – set to focus on educational reform – it’s time to take a look at what was accomplished and look ahead to the coming year.

While most public-facing work that legislators do is crammed into the 60-day session, the groundwork needed to make good policy begins just as the Legislative session ends. During out-of-session time, citizens meet with legislators in their districts to educate them on important issues, assess candidates in advance of primary and general elections, and choose which of their neighbors will represent them in Charleston.

With all of this in mind, here are my ideas for how to stay plugged in over the next few months:

Turn a critical eye the achievements of the 2019 Session

• Looking back at which bills passed and which ones failed can provide clues about where Legislators are likely to focus in the future.
• Note the role that citizens may have played in the passage or failure of bills. Did citizens advocate for passage, come out resoundingly in opposition, or were they sidelined through the legislative process? How did citizen action impact the process, and what does that mean for your future strategy?

Think strategically now

• If a bill that you care about didn’t pass this year, take time to ask why. Are there legislators that need more information about your cause? Perhaps there are other organizations or individuals who might care about your issue but weren’t engaged. Now is a great time to make a plan for how to build those relationships.
• Perhaps a bill you care about made it through the process. Congratulations! It’s time to thank your legislators for their hard work and think about ways to build on your success.

Stay tuned

• Even though the regular session is over, the Governor can call for special sessions throughout the year. Special sessions usually go largely unnoticed, making it difficult for citizens to keep up on which policies are being passed.
• While the Legislature is in session, it’s easy to forget that many of the policies that impact our lives the most are passed at the local level. Check out your local city council meetings, get to know your county commissioners, and make sure that your voice is heard in your community.
• Keep on reading. The Legislative Hubbub will be back each quarter to keep you engaged in policy happenings, both in Charleston and in localities across WV.