SB 601 — Relating to fees and charges for municipality-provided fire services

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 601 ByBYSENATORDEEDS Senator[Reported DeedsMarch [Introduced18, February2025, 26,from 2025;the Committee on Government Organization] CS for SB 601 A BILL to amend and reenact §7-17-12 and §8-13-13 of the Code of West Virginia, 1931, as amended, relating to fees and charges for municipality-provided fire services;

referred to the Committee on Government Organization] Intr SB 601 2025R3409 A BILL to amend and reenact §7-17-12 and §8-13-13 of the Code of West Virginia, 1931, as amended, relating to fees and charges for municipality-provided fire services;

and providing a process for individuals or businesses located outside the municipality to challenge fees imposed for municipality-provided fire services.

of this code, and the publication area for such publication shall be the county CS for SB 601 in which the county fire board is located.

In the event 30 percent of the qualified voters of the county Intr SB 601 2025R3409 by petition duly signed by them in their own handwriting and filed with the clerk of the county commission within 45 days after the expiration of such publication protest against such ordinance as enacted or amended, the ordinance may not become effective until it is ratified by a majority of the legal votes cast thereon by the qualified voters of such county at any primary or general election as the county commission directs.

or (2) If the county fire board determines an amendment in the fee imposed in subsection (a) of this articlesection is necessary, it may, by resolution, request the county commission for such a change.

Provided, That prior to CS for SB 601 issuing the order, the county commission shall publish the ordinance which must contain the anticipated allocation of Intr SB 601 2025R3409 any fees or charges and which would be enacted should the referendum succeed as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq.

In the event 30 percent of the qualified voters of the county, including residents of the municipality attempting to enact the ordinance, by petition duly signed by them in their own handwriting and filed with the clerk of the county commission within 45 days after the expiration of the notice requirement prescribed in §8-13-13(e) of this code CS for SB 601 protest against such ordinance as enacted, the ordinance may not become effective until it is ratified by a majority of the legal votes cast thereon by the qualified voters of such county at any primary or general election as Intr SB 601 2025R3409 the county commission directs.

Provided, That no new fire protection fee or charge effective on or after June 30, 2024, may be imposed pursuant to this section on any resident or business situated outside the boundaries of any municipality until June 30, 2025:

Provided, however, That this prohibition does not prohibit a municipality from increasing or decreasing a fire protection fee or charge, in accordance with this section, in effect prior to June CS for SB 601 30, 2024.

Provided, however, That no resident or business situated outside the boundaries of any municipality may be required to simultaneously pay any fire Intr SB 601 2025R3409 protection fee or charge imposed by both a municipality and the county commission of the county in which that municipality is situated.

(b) Any sewerage and sewage disposal service and any service incident to the collection and disposal of garbage, refuse, waste, ashes, trash, and any other similar matter is subject to the provisions of Chapterchapter 24 of this code.

(f) In the event 30 percent of the qualified voters of the municipality, by petition duly signed by them in their own handwriting and filed with the recorder of the municipality within 45 days after CS for SB 601 the expiration of the publication, protest against the ordinance as enacted or amended, the ordinance shall not become effective until it is ratified by a majority of the legal votes cast by the qualified voters of the municipality at a regular municipal election or special municipal election, as Intr SB 601 2025R3409 the governing body directs.

NOTE:

The purpose of this bill relates to charges for municipality-provided fire services;

requires county commission approval before such fees are imposed on individuals or businesses located outside the municipality;

and provides a process for individuals or Intr SB 601 2025R3409 businesses located outside the municipality to challenge municipality-provided fire services.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.