West Virginia 2022 Regular Session Status: Enacted 1 R cosponsors

SB 662 — Relating to creation, expansion, and authority of resort area district

Last action — Chapter 90, Acts, Regular Session, 2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2022. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

318 added · 329 removed

Plain-language change summary

The recent amendment to Bill SB 662 includes additional definitions and clarifications regarding terms used in relation to resort area districts, including “cost,” “governing body,” “governmental agency,” and “landowner.” These changes help to specify what constitutes costs associated with the facilities in these districts and who is recognized as a landowner. This matters because it ensures greater clarity and understanding for those involved with or impacted by the regulations related to resort areas, potentially streamlining governance and financial expectations for stakeholders.

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NEWS RELEASES HELPFUL LINKS SB662 SUB1 « Senate Bill 662 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 662 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 662 By Senator Hamilton [Originating in the Committee on Economic Development;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for Senate Bill 662 By Senator Hamilton [Passed March 11, 2022;
reported on February 24, 2022]     A BILL to amend and reenact §7-25-3, §7-25-5, §7-25-6, §7-25-10, and §7-25-15 of the Code of West Virginia, 1931, as amended, all relating to resort area districts;
in effect 90 days from passage]     AN ACT to amend and reenact §7-25-3, §7-25-5, §7-25-6, §7-25-10, and §7-25-15 of the Code of West Virginia, 1931, as amended, all relating to resort area districts;
(a) “Assessment” means the fee, including interest, paid by an owner of real property located within a resort area district to pay for the cost of a project or projects constructed upon, or benefitting, or protecting such property and administrative expenses thereto, and to pay for the cost of service, which fee is fees are in addition to all taxes and other fees levied on the property.
(a) “Assessment” means the fee, including interest, paid by an owner of real property located within a resort area district to pay for the cost of a project or projects constructed upon, or benefitting, or protecting such property and administrative expenses thereto, and to pay for the cost of service, which fees are in addition to all taxes and other fees levied on the property.
(e) (f) “Cost” means the cost of any or all of the following:
(f) “Cost” means the cost of any or all of the following:
(f) (g) “Governing body” means the county commission of a county.
(g) “Governing body” means the county commission of a county.
(g) (h) “Governmental agency” means the state government or any agency, department, division, or unit thereof;
(h) “Governmental agency” means the state government or any agency, department, division, or unit thereof;
(h) (i) “Landowner” or “owner of real property” means the person or persons holding an interest in the record fee title to one or more parcels of real property, including residential, improved real property, and unimproved, developable real property, or of units within a multiunit property, including condominiums and townhouses, within a resort area district or a proposed resort area district:
(i) “Landowner” or “owner of real property” means the person or persons holding an interest in the record fee title to one or more parcels of real property, including residential, improved real property, and unimproved, developable real property, or of units within a multiunit property, including condominiums and townhouses, within a resort area district or a proposed resort area district:
(i) (j) “Parcel” shall mean:
(j) “Parcel” shall mean:
(j) (k) “Person” means an individual, firm, partnership, corporation, limited liability company, voluntary association, or any other type of entity.
(k) “Person” means an individual, firm, partnership, corporation, limited liability company, voluntary association, or any other type of entity.
(k) (m) “Project” means the design, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipping, maintenance, repair (including replacements), and start-up operation of public buildings, culverts, streets, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), motor vehicle parking facilities (including parking lots, buildings, ramps, curb-line parking, meters, and other facilities deemed necessary, appropriate, useful, convenient, or incidental to the regulation, control, and parking of motor vehicles), public transportation, public recreation centers, public recreation parks, bicycle paths and trails, hiking paths and trails, landscaping, swimming pools, tennis courts, golf courses, skating rinks, equine facilities, motor vehicle competition and recreational facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening, lighting, or otherwise improving any street, avenue, road, highway, alley, or way, or the building or renewing of sidewalks and flood protection;
(m) “Project” means the design, construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, equipping, maintenance, repair (including replacements), and start-up operation of public buildings, culverts, streets, bridges (including approaches, causeways, viaducts, underpasses and connecting roadways), motor vehicle parking facilities (including parking lots, buildings, ramps, curb-line parking, meters, and other facilities deemed necessary, appropriate, useful, convenient, or incidental to the regulation, control, and parking of motor vehicles), public transportation, public recreation centers, public recreation parks, bicycle paths and trails, hiking paths and trails, landscaping, swimming pools, tennis courts, golf courses, skating rinks, equine facilities, motor vehicle competition and recreational facilities, flood protection or relief projects, or the grading, regrading, paving, repaving, surfacing, resurfacing, curbing, recurbing, widening, lighting, or otherwise improving any street, avenue, road, highway, alley, or way, or the building or renewing of sidewalks and flood protection;
(l) (n) “Purchase price” means the measure subject to the resort service fee authorized to be imposed by this article and has the same meaning as sales price.
(n) “Purchase price” means the measure subject to the resort service fee authorized to be imposed by this article and has the same meaning as sales price.
(m) (o) “Ranger” means a resort area ranger.
(o) “Ranger” means a resort area ranger.
(n) (p) “Resort area” means an area that:
(p) “Resort area” means an area that:
(2) Has a permanent population of less than two thousand 2,000 people, according to the most recent federal census;
(2) Has a permanent population of less than 2,000 people, according to the most recent federal census;
(o) (q) “Resort area district” or “district” means a resort area district created pursuant to this article.
(q) “Resort area district” or “district” means a resort area district created pursuant to this article.
(p) (r) “Resort operator” means any person owning and operating the primary outdoor recreational facilities in a resort area and offering outdoor recreational services such as skiing, golf golfing or boating to the general public.
(r) “Resort operator” means any person owning and operating the primary outdoor recreational facilities in a resort area and offering outdoor recreational services such as skiing, golfing or boating to the general public.
(q) (s) “Resort service fee” means the fee imposed on the purchase price of goods and services sold within a resort area district by any of the following establishments:
(s) “Resort service fee” means the fee imposed on the purchase price of goods and services sold within a resort area district by any of the following establishments:
(r) (t) “Resort service fee bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of resort service fees.
(t) “Resort service fee bonds” means special obligation bonds or notes issued by a resort area district which are payable from the proceeds of resort service fees.
(s) (u) “Service” includes, but is not limited to, snow removal;
(u) “Service” includes, but is not limited to, snow removal;
(t) (w) “Sheriff” means the sheriff of the county in which a resort area district is located.
(w) “Sheriff” means the sheriff of the county in which a resort area district is located.
(b) The petition for the creation or expansion of a resort area district shall include, where applicable, the following:
(b) The petition for the creation of a resort area district shall include, where applicable, the following:
(8) A certification from the State Tax Commissioner of the amount of consumers sales and service taxes collected from businesses located in the proposed district during the most recent 12 calendar month period for which such data is available that precedes the calendar quarter during which the petition will be submitted to the governing body;
(8) A certification from the Tax Commissioner of the amount of consumers sales and service taxes collected from businesses located in the proposed district during the most recent 12 calendar month period for which such data is available that precedes the calendar quarter during which the petition will be submitted to the governing body;
(d) The owners of at least 61 percent of the real property, determined by acreage, located within the boundaries of an area with at least one common boundary with the resort area, as described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition the resort area board to expand a resort area district.
(d) The owners of at least percent of the real property, determined by acreage, located within the boundaries of an area with at least one common boundary with the resort area, as described in the petition, by metes and bounds or otherwise in a manner sufficient to describe the area, may petition the resort area board to expand a resort area district.
At or after the meeting the governing body may amend, revise, or otherwise modify the information in the petition for formation or expansion of a resort area district as it may consider appropriate after taking into account considering any comments received at the meeting.
At or after the meeting the governing body may amend, revise, or otherwise modify the information in the petition for formation or expansion of a resort area district as it may consider appropriate after considering any comments received at the meeting.
A petition has been presented to the county commission of the County of _________ (name of county) requesting establishment of a resort area district and authorization of a resort service fee under article twenty-five, chapter seven §7-25-1 et seq.
A petition has been presented to the county commission of the County of _________ (name of county) requesting establishment of a resort area district and authorization of a resort service fee under §7-25-1 et seq.
_______ (name of resort area board chairperson)”   (2) All owners of real property in the existing resort area district and proposed expansion shall be eligible to vote.
_______ (name of resort area board chairperson)” (2) All owners of real property in the existing resort area district and proposed expansion shall be eligible to vote.
“/  / For Expansion   / / Against Expansion” (5) Electronic submission of ballots is permitted in accordance with procedures in the bylaws of the resort area district.
“/  / For Expansion / / Against Expansion” (5) Electronic submission of ballots is permitted in accordance with procedures in the bylaws of the resort area district.
(2) Two board members shall be representatives of the primary resort operator or operators located within the resort area district;
(2) Two board members shall be representatives of the primary resort operator located within the resort area district;
(3) One board member at the time of nomination and as of the day of their election shall be an owner or a representative of owners of commercial business property owners located within the resort area district;
(3) One board member at the time of nomination and as of the day of their election shall be an owner or a representative of commercial business property owners located within the resort area district;
(e) Only owners of real property, including owners of commercial business property owners, located within the district shall be eligible to vote in elections for board members.
(e) Only owners of real property, including commercial business property owners, located within the district shall be eligible to vote in elections for board members.
The voting restrictions set forth in subsections (d) and (e) of §7-25-11 §7-25-11(d) and §7-25-11(e) of this code shall apply to all board elections and may not be altered.
The voting restrictions set forth in §7-25-11(d) and §7-25-11(e) of this code shall apply to all board elections and may not be altered.
(g) Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by section five, article IV of the West Virginia Constitution of this state.
(g) Before entering upon the performance of his or her duties, each member shall take and subscribe to the oath required by section five, article IV of the West Virginia Constitution.
Any other action of the board taken while one or more board positions are vacant must be unanimously approved by a board which is comprised of at least six five active serving board members.
Any other action of the board taken while one or more board positions are vacant must be unanimously approved by a board which is comprised of at least five active serving board members.
(i) The board shall organize within 30 days following the first election of board members and annually thereafter at its first meeting after January 1, of each year by selecting one of its members to serve as chairman, one to serve as treasurer, and one to serve as secretary.
(i) The board shall organize within 30 days following the first election of board members and annually thereafter at its first meeting after January 1 of each year by selecting one of its members to serve as chairman, one to serve as treasurer, and one to serve as secretary.
The secretary, or his or her designee, shall keep a record of all proceedings of the board which shall be available for inspection as other public records and the Treasurer treasurer, or his or her designee, shall maintain records of all financial matters relating to the resort area district, which shall also be made available for inspection as other public records.
The secretary, or his or her designee, shall keep a record of all proceedings of the board which shall be available for inspection as other public records and the treasurer, or his or her designee, shall maintain records of all financial matters relating to the resort area district, which shall also be made available for inspection as other public records.
(k) The members of the board, and the chairman, secretary, and treasurer thereof, shall make available, at all reasonable times and upon reasonable notice, all of its books and records pertaining to the resort area district's operation, finances, and affairs for inspection and audit.
(k) The members of the board, and the chairman, secretary, and treasurer thereof, shall make available, at all reasonable times and upon reasonable notice, all its books and records pertaining to the resort area district's operation, finances, and affairs for inspection and audit.
(p) The members of the board shall may serve without with reasonable compensation but as the board of directors may fix, except where prohibited by law, and shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
(p) The members of the board may serve with reasonable compensation as the board of directors may fix, except where prohibited by law, and shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
The publication process for an election to fill a vacancy shall be the same as set forth in subsections (c), (d) and (e) of §7-25-11 §7-25-11(c), §7-25-11(d), and §7-25-11(e) of this code, and only those owners eligible to vote for the board member whose departure from office caused the vacancy shall be eligible to vote to replace the member.
The publication process for an election to fill a vacancy shall be the same as set forth in §7-25-11(c), §7-25-11(d), and §7-25-11(e) of this code, and only those owners eligible to vote for the board member whose departure from office caused the vacancy shall be eligible to vote to replace the member.
if only one resort operator exists in the district.
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(b) (c) The bylaws of a district shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project or service:
(c) The bylaws of a district shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project or service:
(c) (d) Fifty-one percent or more of the owners of real property to be benefitted by a project or service may petition the board to implement an assessment to pay the costs of the project or service.
(d) Fifty-one percent or more of the owners of real property to be benefitted by a project or service may petition the board to implement an assessment to pay the costs of the project or service.
(d) (e) Upon following the procedures provided in this section and a resort area district's bylaws for the implementation of an assessment to pay the costs of a project or service, the board may, after giving notice to all real property owners, holding a public meeting and a vote on the project or service if required by this section, adopt a resolution authorizing the assessment to pay the costs of a project or service upon approval by six sevenths of the board.
(e) Upon following the procedures provided in this section and a resort area district's bylaws for the implementation of an assessment to pay the costs of a project or service, the board may, after giving notice to all real property owners, holding a public meeting and a vote on the project or service if required by this section, adopt a resolution authorizing the assessment to pay the costs of a project or service upon approval by six sevenths of the board.
(e) (f) Before the adoption of a resolution authorizing an assessment to pay the costs of a project or service, the board shall cause notice to be given to the owners of real property located within the resort area district that the resolution will be considered for adoption at a public meeting of the board at a date, time, and place named in the notice and that all persons at that meeting, or any adjournment thereof, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the resolution.
(f) Before the adoption of a resolution authorizing an assessment to pay the costs of a project or service, the board shall cause notice to be given to the owners of real property located within the resort area district that the resolution will be considered for adoption at a public meeting of the board at a date, time, and place named in the notice and that all persons at that meeting, or any adjournment thereof, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the resolution.
If, as provided in subsection (f) (g) of this section, a favorable vote of the property owners is required before the board authorizes the assessment, the notice of meeting shall also contain information required to enable the owners of real property within the district that will be subject to the assessment to vote on the assessment by mail or electronic means.
If, as provided in subsection  (g) of this section, a favorable vote of the property owners is required before the board authorizes the assessment, the notice of meeting shall also contain information required to enable the owners of real property within the district that will be subject to the assessment to vote on the assessment by mail or electronic means.
(f) (g) An assessment may not be authorized by the board if at the public meeting required by this section written protest is filed by at least 25 percent of the owners of the real property within the district to be benefitted by the proposed project or service and subject to the assessment.
(g) An assessment may not be authorized by the board if at the public meeting required by this section written protest is filed by at least 25 percent of the owners of the real property within the district to be benefitted by the proposed project or service and subject to the assessment.
However, before an assessment proposed by the board on its own initiative as provided in subsection (c) (d) of this section is authorized by the board, the proposal must also receive the favorable vote of a majority of the votes cast at the meeting for the proposal by the owners of real property in the district that will be subject to the assessment.
However, before an assessment proposed by the board on its own initiative as provided in subsection  (d) of this section is authorized by the board, the proposal must also receive the favorable vote of a majority of the votes cast at the meeting for the proposal by the owners of real property in the district that will be subject to the assessment.
(g) (h) At least 30 days prior to the date of the public meeting, the notice required by this section shall, using reasonable efforts, be mailed to the owners of real property to be assessed for a proposed project as provided in subsection (k) (l) of this section, posted in multiple, conspicuous, public locations within the district and published as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq.
(h) At least 30 days prior to the date of the public meeting, the notice required by this section shall, using reasonable efforts, be mailed to the owners of real property to be assessed for a proposed project as provided in subsection  (l) of this section, posted in multiple, conspicuous, public locations within the district and published as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq.
(h) (i) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of the publisher, and a copy of the notice shall be made part of the minutes of the board and spread on its records of the meeting described in the notice.
(i) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of the publisher, and a copy of the notice shall be made part of the minutes of the board and spread on its records of the meeting described in the notice.
The service of the notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be determined to have been given upon completion of mailing as provided in subsection (k) (l) of this section and the newspaper publication.
The service of the notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be determined to have been given upon completion of mailing as provided in subsection  (l) of this section and the newspaper publication.
(i) (j) After the public meeting and before the board may adopt a resolution authorizing implementation of assessments, the board shall, using reasonable efforts, mail a true copy of the proposed resolution authorizing implementation of an assessment to the owners of real property in the resort area district as provided in subsection (k) (l) of this section.
(j) After the public meeting and before the board may adopt a resolution authorizing implementation of assessments, the board shall, using reasonable efforts, mail a true copy of the proposed resolution authorizing implementation of an assessment to the owners of real property in the resort area district as provided in subsection  (l) of this section.
(j) (k) A board shall make available to the owners of real property within the district a list of all owners of real property within the district for the purposes of enabling the owners of real property to solicit support for a petition proposing or a protest against an assessment.
(k) A board shall make available to the owners of real property within the district a list of all owners of real property within the district for the purposes of enabling the owners of real property to solicit support for a petition proposing or a protest against an assessment.
(k) (l) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail the notice to all owners of real property required to receive notice under this section using the real property tax records and land books of the county in which the district is located and any lists maintained by a resort operator or homeowners association within the district.
(l) For purposes of the mailing of each notice to owners of real property required by this section, reasonable efforts shall be made to mail the notice to all owners of real property required to receive notice under this section using the real property tax records and land books of the county in which the district is located and any lists maintained by a resort operator or homeowners association within the district.
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Action History

  1. Chapter 90, Acts, Regular Session, 2022

  2. Approved by Governor 3/28/22

  3. To Governor 3/17/2022

  4. Approved by Governor 3/28/22 - Senate Journal

  5. Approved by Governor 3/28/22 - House Journal

  6. To Governor 3/17/22 - House Journal

  7. To Governor 3/17/2022 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 591)

  12. Read 3rd time

  13. Dispensed with Constitutional Rule (Roll No. 590)

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Placed on Special Calender

  17. On 2nd reading, House Calendar

  18. Placed on House Calendar

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. Do pass

  23. To House Judiciary

  24. To Judiciary

  25. Introduced in House

  26. Ordered to House

  27. Passed Senate (Roll No. 251)

  28. Read 3rd time

  29. On 3rd reading

  30. Read 2nd time

  31. On 2nd reading

  32. Read 1st time

  33. On 1st reading

  34. Committee substitute reported

  35. To Economic Development

  36. Introduced in Senate

  37. To Economic Development

  38. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10000
Unaffiliated 22001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Not Voting
BEACH — Yea
MARTIN — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BROWN — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

housing transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 662?
SB 662 is sponsored by Bill Hamilton (Republican).
What is the current status of SB 662?
This bill has been enacted into law. Introduced February 17, 2022. Enacted.
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