This Week at the Legislature: Continued Strikes, Crossover Day, and the Bills We’re Watching

BY: TAYLOR BENNETT, POLICY COORDINATOR, THE HUB

After hitting a major milestone for this session, Crossover Day, the list of bills that are moving is a long one.

Also, it’s important to note that in the past, most of the bills labeled with an SB were in the Senate, while most of the HB bills were being considered by the House. Now, that will be reversed.

Bills before the House

SB 261 – Transferring the WV Affordable Housing Trust to the WV Housing Development Fund

• If this bill is passed, it would eliminate the WV Affordable Housing Trust and reallocate the monies as a program of the WV Housing Development Fund.
• This bill passed the Senate, was introduced in the House and referred to House Finance

SB 365 – Young Entrepreneur Reinvestment Act

• This bill would renew the Young Entrepreneur Reinvestment Act which, among other things, excuses entrepreneurs under the age of 30 from paying fees associated with starting a business.
• The bill passed the House Small Business and Entrepreneurship Committee Thursday morning. Delegates then voted to waive the second committee reference (it would have gone to Finance) and send it straight to the House Floor to be read a first time.

SB 412 – More Authority for Litter Officers

• If passed, SB 412 would allow any litter control officer who is certified as a law enforcement official to exert the same authority as a law enforcement official when enforcing litter laws.
• SB 412 was referred to the House Government Organization Committee

SB 426 – Farm Wineries

• This bill is about small “farm wineries.” It sets regulations for producing wine and similar beverages and opens up the possibility of multi-owner partnerships, thus it could positively impact potential owners of these businesses.

• SB 426 was sent to the House and referred to House Judiciary.

SB 432 – Municipal Home Rule

• This bill would make the Municipal Home Rule Pilot Program permanent
• It’s been sent to the House, referred to the House Government Organization Committee and then on to House Judiciary.

SB 475 – Industrial Hemp

• This bill would allow the Department of Agriculture to create an industrial hemp seed development program.
• SB 475 has been referred to the House Agriculture and Natural Resources Committee, after which it will move on to the House Judiciary Committee.

SB 479 – Low Cost Audits for Municipalities

• 479 would enable the Auditor to create partnerships between the State Auditor’s office and the state’s colleges and universities to provide audits at low cost to local governments.
• SB 479 passed the House Government Organization Committee and is on its way to House Finance.

SB 498 – ATVs in Cabwaylingo State Forest

• This bill creates a two year pilot program to allow all terrain vehicles in Cabwaylingo State Forest. This could impact surrounding communities looking to create or improve ATV trail systems or to develop economic opportunities related to ATV trail riding.
• This bill was sent to the House and has been referred to the House Agriculture and Natural Resources Committee.

SB 508 – Creating a State Trail Authority

• This bill would establish a state trail authority within the WV Development Office and authorizes the authority to appoint a statewide trail coordinator and hire district coordinators.
• It was sent to the House and has been referred to the House Government Organization Committee

SB 556 – Establishing Minority Populations Development Taskforce

• This bill would create a taskforce to assist the Director of the Development Authority to improve employment and economic development challenges faced by minority populations in WV.
• The bill was sent to the House and has been referred to the House Government Organization Committee.

SB 612 – Municipalities Can Sell Property Through Online Auction

• Currently, Counties are authorized by state code to auction both real estate and personal property, like equipment, online. Municipalities are not. This bill would change that.
• This bill was sent to the House and referred to the House Government Organization Committee.

Bills Before the Senate

HB 2654 – Disposal of County Property

• 2654 would allow County Commissions to transfer any type of property for no less than $1 to non-profit and charitable organizations without a public bidding process.
• The bill passed through the House, passed through Senate committees, and was read for a first time on the Senate floor on Thursday.

HB 4357 – Small Wireless Deployment Act

• This bill sets out right of way guidelines for small wireless facilities, which will be used to decrease the number of cell service dead zones and increase access to broadband in rural areas of the state.
• The bill passed the House and has been communicated to the Senate.

HB 4529 – Municipal Officials can Certify List of Late Business and Occupation Taxes

• This bill limits the liability the municipal staff are subject to when they produce and publicize lists of late taxes.This could help in making these lists easier to access by the public and less complicated to produce for municipal officials.
• The bill passed the House and has been communicated to the Senate.

HB 4558 – Entrepreneurship and Innovation Investment Fund

• This bill would establish a fund which would be administered by the WV Development Office and is intended to be used to support entrepreneurship, creation of business startups, workforce participation, and talent pipelines.
• The bill passed the House and has been communicated to the Senate.

HB 4627 – Limited Eminent Domain for Municipal Park Boards

• This bill provides new oversight by local elected officials which does not currently exist in the WV Code. Currently, an appointed municipal parks and recreation board has authority to confiscate real property through eminent domain with no oversight or recourse by the elected governing body. This bill changes that process slightly so that the governing body must approve the parks and recreation board’s decision. This is a more democratic process which could prevent legal headaches.
• The bill passed the House and has been communicated to the Senate.

HB 4629 – Broadband Enhancement

• This bill allows municipalities or counties to become members of broadband cooperatives.
• The bill passed the House and was communicated to the Senate.

Bills That Died

HB 4158 – Municipal Home Rule

• This is one of two bills which would make the Home Rule Pilot Program permanent.
• Sadly, HB 4158 didn’t make it through Crossover Day. It died on the House floor waiting for its second reading.

HB 4495 – Urban Renewal Authorities

• This bill would prompt Urban Renewal Authorities to submit plans to county boards of health for review, meet with communities and municipalities to share these plans, and make their reports available to local governments.
• It failed to make it on the agenda of the House Committee on Political Subdivisions

HB 4605 – Out of State Owners with Vacant Properties Fund PEIA

• This bill would have assessed an extra fee to non-occupied properties owned by out of state property owners and applied the money to the Public Employees Insurance Agency (PEIA) to reduce insurance costs.
• The bill died while waiting for a spot on the House Judiciary Committee’s agenda.

SB 416 – “Noodling”

• This bill would have legalized catching a catfish with one’s bare hands (“noodling”) in West Virginia.
• The bill died waiting for a spot on the Senate Judiciary Committee agenda.

For a full list of the bills we’ve been tracking this Session, check out our bill tracker.

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Editor’s Note: An earlier version of this article incorrectly described the potential impact of HB 4627. We have corrected this error, and apologize for any misinformation.