West Virginia 2024 Regular Session Status: Enacted 4 R cosponsors

HB 4940 — A squatter cannot be considered a tenant in WV.

Last action — Chapter 251, Acts, Regular Session, 2024

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

This bill has been enacted into law. Introduced January 19, 2024. Enacted.

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 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 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 · 70 removed

Plain-language change summary

The amendment to House Bill 4940 changes the title of the bill and clarifies its focus on squatting, defining it as a wrongful occupation of property and emphasizing that squatters are not considered tenants. This is important because it also states that traditional eviction processes, like petitions for eviction, are not suitable for dealing with squatters, which could affect how property owners handle unauthorized occupants. Overall, these changes aim to provide clearer legal standards on squatting and its consequences within West Virginia.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 4940 BY DELEGATES CROUSE , UCAS, WINZENREID, ETITTO, S MIT,AND KIMBLE [Passed March 6, 2024;
HB4940 S JUD AMT #1 2-27Mowen  7888 The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
in effect ninety days from passage.] Enr CS for HB 4940 AN ACT to amend the Code of West Virginia, 1931, as amended;
Com.
Sub.
for House Bill 4940—H.
B.
4940 -- A Bill to amend the Code of West Virginia, 1931, as amended;
and providing that petition and eviction are not appropriate remedies to remove squatters from property.
and providing that petition and eviction are not appropriate remedies to remove squatters from property.     AdoptedRejected
Be it enacted by the Legislature of West Virginia:
CHAPTER 37.
REAL PROPERTY.
ARTICLE 6.
LANDLORD AND TENANT.
§37-6-31.
Exclusions from application of this article.
(a) For purposes of this Article, “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.
“Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(b) Occupancy by a squatter is not governed by the provisions of this article.
(c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under the provisions of this chapter, by an owner in any instance involving the removal of a squatter from possession of a property, and such removal shall not be unduly hindered.
ARTICLE 3C.
REMEDIES FOR SQUATTING.
§55-3C-1.
Squatting defined;
squatting synonymous with trespass.
Enr CS for HB 4940 (a) “Squatter” means a person occupying a dwelling unit or other structure who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit or structure.
“Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code.
(b) “Squatting” means the act of being a squatter.
§55-3C-2.
Squatters not tenants;
squatting constitutes criminal trespass;
petition and eviction not appropriate remedies for squatters;
remedy is arrest for trespass.
(a) Squatters are not considered tenants for purposes of this code.
(b) Squatting is synonymous with trespass, and is a criminal act under §61-3B-2 or §61- 3B-3 of this Code.
(c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under §55-3A-1, et seq.
or §55-3B-1, et seq.
of this Code, by an owner in any instance involving the removal of a squatter from possession of a property.
Enr CS for HB 4940 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
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In effect ninety days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2024.
.............................................................
Governor 3
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Action History

  1. Chapter 251, Acts, Regular Session, 2024

  2. Approved by Governor 3/22/2024

  3. To Governor 3/13/2024

  4. Approved by Governor 3/22/2024 - House Journal

  5. Approved by Governor 3/22/2024 - Senate Journal

  6. To Governor 3/13/2024 - Senate Journal

  7. To Governor 3/13/2024 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 491)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 369)

  15. Read 3rd time

  16. On 3rd reading

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading

  20. Read 1st time

  21. Immediate consideration

  22. Reported do pass, with amendment and title amendment

  23. To Judiciary

  24. To Judiciary

  25. Introduced in Senate

  26. Communicated to Senate

  27. Passed House (Roll No. 101)

  28. Read 3rd time

  29. On 3rd reading, Special Calendar

  30. Postponed on 3rd reading, Special Calendar, until 2/6/2024

  31. On 3rd reading, Special Calendar

  32. Read 2nd time

  33. On 2nd reading, Special Calendar

  34. Read 1st time

  35. On 1st reading, Special Calendar

  36. Postponed on 1st reading, Special Calendar, until 2/1/2024

  37. On 1st reading, Special Calendar

  38. By substitute, do pass

  39. To House Judiciary

  40. Introduced in House

  41. To Judiciary

  42. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 146 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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-SENATE AMENDED HB

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 64002
Unaffiliated 26000
Democrat 7001
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Kirby — Yea
Ross — Yea
Forsht — Yea
Kump — Yea
Rowe — Yea
Foster — Yea
Linville — Yea
Longanacre — Yea
Smith — Yea
Griffith — Yea
Steele — Yea
Hamilton — Yea
Martin — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Fast — Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Not Voting
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 Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Not Voting
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 17000
Democrat 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr 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
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 65001
Unaffiliated 23003
Democrat 8000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Ross — Yea
Rowe — Yea
Kump — Yea
Forsht — Yea
Smith — Yea
Foster — Yea
Linville — Yea
Longanacre — Yea
Steele — Yea
Griffith — Yea
Summers — Yea
Martin — Yea
Hamilton — Yea
Tully — Yea
Hardy — Yea
Warner — Yea
Westfall — Yea
Phillips — Yea
Devault — Yea
Winzenreid — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Householder — Not Voting
Kirby — Not Voting
Nestor — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Not Voting
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott 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
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

housing civil-rights
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 HB 4940?
HB 4940 is sponsored by Laura Kimble (Republican), Smith, Mickey Petitto (Republican), Winzenreid, Patrick Lucas (Republican), and Kathie Hess Crouse (Republican).
What is the current status of HB 4940?
This bill has been enacted into law. Introduced January 19, 2024. Enacted.
Where can I track HB 4940?
Track HB 4940 free on One Click Politics — get push/email alerts when it moves.

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