West Virginia 2025 Regular Session Status: Enacted 3 R cosponsors

SB 459 — Requiring county planning commission members be state residents

Last action — Chapter 66, Acts, Regular Session, 2025

  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 13, 2025. Enacted.

Signed by Governor Patrick Morrisey (Republican) on August 08, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1 added · 248 removed

Plain-language change summary

The amendment to SB 459 updated the title to clarify that it involves residency requirements for members of planning commissions in municipalities and counties. It now specifically mandates that these members must be residents of West Virginia for at least three years and, depending on the commission, may need to be residents of the specific county or municipality where they serve. This change is significant because it emphasizes local representation and ensures that planning commission members have a vested interest in the communities they serve, potentially leading to decisions that better reflect local needs and priorities.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 459 BYS ENATORSTHORNE, HELTO, HAMILTO,AND WILLIS [Passed April 7, 2025;
SB459 HFAT Phillips 4-3Wiseman 3295 Delegate Phillips moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Comm.
in effect 90 days from passage (July 6, 2025)] Enr CS for SB 459 AN ACT to amend and reenact §8A-2-3, §8A-2-4, and §8A-2-5 of the Code of West Virginia, 1931, as amended, relating to requiring that members of municipal, county, and other planning commissions meet certain residency requirements;
Sub.
for S.B.
459 -- “A BILL to amend and reenact §8A-2-3, §8A-2-4, and §8A-2-5 of the Code of West Virginia, 1931, as amended, relating to requiring that members of municipal, county, and other planning commissions meet certain residency requirements;
and prohibiting members of planning commissions who do not meet residency requirements from remaining on the planning commission.
and prohibiting members of planning commissions who do not meet residency requirements from remaining on the planning commission.”.  AdoptedRejected 
Be it enacted by the Legislature of West Virginia:
ARTICLE 2.
PLANNING COMMISSIONS.
§8A-2-3.
Municipal planning commission.
(a) A municipal planning commission in a Class I, II, or III city shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission.
A municipal planning commission in a Class IV town or village shall have not less than three nor more than nine members, the exact number to be specified in the ordinance creating the planning commission.
(b) Each member of a municipal planning commission must be:
(1) A West Virginia resident who has maintained continuous West Virginia residency for the three years immediately preceding his or her appointment;
(2) A resident of the municipality for one year immediately preceding his or her appointment;
and (3) Qualified by knowledge and experience in matters pertaining to the development of the municipality.
Enr CS for SB 459 (c) Any member who does not meet the requirements stated in subsection (b) of this section may not be grandfathered in, and may not be or remain a member of the planning commission.
(d) At least three fifths of all of the members must have been residents of the municipality for at least three years prior to nomination or appointment and confirmation.
(e) The members of a municipal planning commission must fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, government, and other relevant disciplines.
One member must be a member of the municipal governing body or a designee and one member must be a member of the administrative department of the municipality or a designee.
The term of membership for these two members is the same as their term of office.
(f) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses that regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be disqualified from serving as a member because of a conflict of interest as defined in §61-10-15 of this code and shall not be subject to prosecution under provisions of that chapter when the violation is created solely as a result of his or her relationship with the business.
This member must recuse himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue.
(g) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses who regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be Enr CS for SB 459 valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be in violation of §6B-2-5(g) of this code if the member recuses himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue:
Provided, That such members do not constitute a majority of the members of the planning commission at the same time.
(h) The remaining members of the municipal planning commission first selected shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equally as possible between these terms.
Thereafter, members shall serve three-year terms.
Vacancies shall be filled for the unexpired term and made in the same manner as original selections were made.
(i) The members of a municipal planning commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(j) Nominations for municipal planning commission membership shall be made by the administrative authority and confirmed by the governing body when the administrative authority and the governing body are separate, or appointed and confirmed by the governing body where the administrative authority and governing body are the same.
(k) An individual may serve as a member of a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission, or a joint planning commission, at the same time.
(l) The governing body of the municipality may establish procedures for the removal of members of the planning commission for inactivity, neglect of duty, or malfeasance.
The Enr CS for SB 459 procedures must contain provisions requiring that the person to be removed be provided with a written statement of the reasons for removal and an opportunity to be heard on the matter.
§8A-2-4.
County planning commission.
(a) A county planning commission shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission.
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(b) Each member of a county planning commission must be:
(1) A West Virginia resident who has maintained continuous West Virginia residency for the three years immediately preceding his or her appointment;
(2) A resident of the county for one year immediately preceding his or her appointment;
and (3) Qualified by knowledge and experience in matters pertaining to the development of the county.
(c) Any member who does not meet the requirements stated in subsection (b) of this section may not be grandfathered in, and may not be or remain a member of the planning commission.
(d) At least three fifths of all of the members must have been residents of the county for at least three years prior to appointment and confirmation by the county commission.
(e) The members of a county planning commission must fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, farming, government, and other relevant disciplines.
One member must be a member of the county commission or a designee.
The term of membership for this member is the same as the term of office.
(f) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses that regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other Enr CS for SB 459 provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be disqualified from serving as a member because of a conflict of interest as defined in §61-10-15 of this code and shall not be subject to prosecution under provisions of that chapter when the violation is created solely as a result of his or her relationship with the business.
This member must recuse himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue.
(g) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses who regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be in violation of §6B-2-5(g) of this code if the member recuses himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue:
Provided, That such members do not constitute a majority of the members of the planning commission at the same time.
(h) The remaining members of the county planning commission first selected shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equally as possible between these terms.
Thereafter, members shall serve three-year terms.
Vacancies shall be filled for the unexpired term and made in the same manner as original selections were made.
Enr CS for SB 459 (i) The members of a county planning commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(j) Appointments for county planning commission membership shall be made and confirmed by the county commission.
(k) An individual may serve as a member of a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission, or a joint planning commission, at the same time.
(l) The county commission may establish procedures for the removal of members of the planning commission for inactivity, neglect of duty, or malfeasance.
The procedures must contain provisions requiring that the person to be removed be provided with a written statement of the reasons for removal and an opportunity to be heard on the matter.
§8A-2-5.
Multicounty planning commission, regional planning commission, or joint planning commission.
(a) A multicounty planning commission, a regional planning commission, or a joint planning commission shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission.
(b) Each member of a multicounty planning commission, a regional planning commission, or a joint planning commission must be:
(1) A resident of the jurisdiction of the multicounty planning commission, regional planning commission, or joint planning commission for at least three years immediately preceding his or her appointment;
and (2) Qualified by knowledge and experience in matters pertaining to the development of the jurisdiction.
Enr CS for SB 459 (c) Any member who does not meet the requirements stated in subsection (b) of this section may not be grandfathered in, and may not be or remain a member of the planning commission.
(d) The members of a multicounty planning commission, a regional planning commission, or a joint planning commission must equally represent the jurisdictions in the planning commission.
(e) The members of a multicounty planning commission, a regional planning commission, or a joint planning commission must fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, farming, government, and other relevant disciplines.
Each governing body participating in the planning commission must have one member from its governing body on the planning commission.
The term of membership for this member is the same as the term of office.
(f) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses that regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be disqualified from serving as a member because of a conflict of interest as defined in §61-10-15 of this code and shall not be subject to prosecution under provisions of that chapter when the violation is created solely as a result of his or her relationship with the business.
This member must recuse himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue.
(g) The Legislature finds that there are persons willing to serve on planning commissions who may also own interests in businesses who regularly conduct business in front of or with planning commission staff.
Such persons may have experience and expertise which would be Enr CS for SB 459 valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in, or otherwise associated with a business that regularly conducts business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be in violation of §6B-2-5(g) of this code if the member recuses himself or herself from any vote, discussion, participation, or other activity regarding the conflicting issue:
Provided, That such members do not constitute a majority of the members of the planning commission at the same time.
(h) The remaining members of the multicounty planning commission, regional planning commission or joint planning commission first selected shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equally as possible between these terms.
Thereafter, members shall serve three-year terms.
Vacancies shall be filled for the unexpired term and made in the same manner as original selections were made.
(i) The members of a multicounty planning commission, a regional planning commission, or a joint planning commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(j) Appointments for a multicounty planning commission, a regional planning commission, or a joint planning commission membership shall be made and confirmed by each governing body participating in the planning commission.
(k) An individual may serve as a member of a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission, or a joint planning commission, at the same time.
(l) The governing bodies may establish procedures for the removal of members of the planning commission for inactivity, neglect of duty, or malfeasance.
The procedures must contain provisions requiring that the person to be removed be provided with a written statement of the reasons for removal and an opportunity to be heard on the matter.
Enr CS for SB 459 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the Senate ...............................................................
Clerk of the House of Delegates Originated in the Senate.
In effect 90 days from passage.
...............................................................
President of the Senate ...............................................................
Speaker of the House of Delegates __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
.............................................................
Governor 9
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Action History

  1. Chapter 66, Acts, Regular Session, 2025

  2. Approved by Governor 4/24/2025

  3. Approved by Governor 4/24/2025 - House Journal

  4. Approved by Governor 4/24/2025 - Senate Journal

  5. To Governor 4/9/2025 - House Journal

  6. To Governor 4/9/2025

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Passed Senate (Roll No. 323)

  11. Senate concurred in House title amendment (Voice vote)

  12. House Message received

  13. Communicated to Senate

  14. Title amendment adopted (Voice vote)

  15. Passed House (Roll No. 376)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. Do pass

  23. To House Government Organization

  24. To Government Organization

  25. Introduced in House

  26. House received Senate message

  27. Ordered to House

  28. Passed Senate (Roll No. 47)

  29. Read 3rd time

  30. On 3rd reading

  31. Read 2nd time

  32. On 2nd reading

  33. Read 1st time

  34. On 1st reading

  35. Committee substitute reported

  36. To Government Organization

  37. Introduced in Senate

  38. To Government Organization

  39. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 148 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"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 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 3000
Democrat 2000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 88 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Republican 75109
Democrat 8001
Unaffiliated 5001
Total 881011
% of votes cast 88%1%0%11%
How each member voted (100)
Member Party Vote
Flanigan — Yea
Linville — Yea
Steele — Yea
Devault — Yea
Kump — Not Voting
Clark, T — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Not Voting
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Not Voting
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Nay
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Not Voting
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Not Voting
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Not Voting
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Not Voting
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Not Voting
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Not Voting
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Not Voting
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 31 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 27101
Unaffiliated 2100
Democrat 2000
Total 31201
% of votes cast 91%6%0%3%
How each member voted (34)
Member Party Vote
STUART — Nay
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Nay
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Not Voting
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety housing
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Frequently asked questions

Who sponsors SB 459?
SB 459 is sponsored by Darren Thorne (Republican), Brian Helton (Republican), Willis, and Bill Hamilton (Republican).
What is the current status of SB 459?
This bill has been enacted into law. Introduced February 13, 2025. Enacted.
Where can I track SB 459?
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