West Virginia 2024 Regular Session Status: Enacted 3 R cosponsors

SB 461 — Relating to county economic opportunity development districts

Last action — Chapter 97, Acts, Regular Session, 2024

  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 January 16, 2024. Enacted.

Odds of enactment

High chance

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

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

Prognosis

Likely to advance 80% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 2 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

68 added · 50 removed

Plain-language change summary

The updated version of Senate Bill 461 extends the timeframe for certain economic development districts in West Virginia, allowing them to operate until 2054 instead of the previous deadline of 2044. This change is significant because it gives local governments, like Harrison and Monongalia counties, more time to generate revenue from special taxes that support local economic growth, which can lead to job creation and enhanced community services. The bill also ensures that these districts won't be automatically dissolved until their goals are fully met.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION INTRODUCED SENATE BILL 461 BY SENATORS SWOPE , ELD, OLIVERI, LYMALE,ANDQ UEEN [Introduced January 16, 2024;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Senate Bill 461 BY SENATORS SWOPE , ELD, OLIVERI, LYMALE,ANDQ UEEN [Passed March 9, 2024;
referred to the Committee on Economic Development] Intr SB 461 A BILL to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to county economic opportunity development districts;
in effect 90 days from passage (June 7, 2024)] Enr SB 461 AN ACT to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to county economic opportunity development districts;
-– County commissions have no inherent authority to levy taxes and have only that authority expressly granted to them by the Legislature.
— County commissions have no inherent authority to levy taxes and have only that authority expressly granted to them by the Legislature.
Because a special district excise tax would have the effect of diverting, for a specified period of years, tax dollars which to the extent, if any, are not essentially incremental to tax dollars currently paid into the General Revenue Fund of the state, the Legislature finds that in order to substantially ensure that such special district excise taxes will not adversely impact the current Intr SB 461 level of the General Revenue Fund of the state, it is necessary for the Legislature to separately consider and act upon each and every economic development district which is proposed, including the unique characteristics of location, current condition and activity of and within the area included in such proposed economic opportunity development district and that for such reasons a statute more general in ultimate application is not feasible for accomplishment of the intention and purpose of the Legislature in enacting this article.
Because a special district excise tax would have the effect of diverting, for a specified period of years, tax dollars which to the extent, if any, are not essentially incremental to tax dollars currently paid into the General Revenue Fund of the state, the Legislature finds that in order to substantially ensure that such special district excise taxes will not adversely impact the current Enr SB 461 level of the General Revenue Fund of the state, it is necessary for the Legislature to separately consider and act upon each and every economic development district which is proposed, including the unique characteristics of location, current condition and activity of and within the area included in such proposed economic opportunity development district and that for such reasons a statute more general in ultimate application is not feasible for accomplishment of the intention and purpose of the Legislature in enacting this article.
-– The Legislature authorizes the following county commissions to levy special district excise taxes on sales of tangible personal property and services made from business locations in the following economic opportunity development districts:
— The Legislature authorizes the following county commissions to levy special district excise taxes on sales of tangible personal property and services made from business locations in the following economic opportunity development districts:
Notwithstanding the time limitations provisions of subdivision (2), subsection (a), section fifteen of this article, the Fort Henry Economic Opportunity Development District shall not be abolished under subdivision (2), subsection (a), section fifteen of this article until the year 2044 2054, unless sooner abolished and terminated in accordance with the provisions of subdivision (1), subsection (a), section fifteen of this article or any other provision of this code, or sooner abolished for any other reason:
Notwithstanding the time limitations provisions of subdivision (2), subsection (a), section fifteen of this article, the Fort Henry Economic Opportunity Development District shall not be abolished under subdivision (2), subsection (a), section fifteen of this article until the year 2054, unless sooner abolished and terminated in accordance with the provisions of subdivision (1), subsection (a), section fifteen of this article or any other provision of this code, or sooner abolished for any other reason:
Provided, That on December 31, 2044 2054, the provisions of subdivision (2), subsection (a), section fifteen of this article shall apply to abolish the Fort Henry Economic Opportunity Development District, if the district has not been abolished prior to that date.
Provided, That on December 31, 2054, the provisions of subdivision (2), subsection (a), section fifteen of this article shall apply to abolish the Fort Henry Economic Opportunity Development District, if the district has not been abolished prior to that date.
Intr SB 461 (2) The Harrison County Commission may levy a special district excise tax for the benefit of the Charles Pointe Economic Opportunity Development District which comprises 437 acres of land.
(2) The Harrison County Commission may levy a special district excise tax for the benefit of the Charles Pointe Economic Opportunity Development District which comprises 437 acres of land.
(3) The Monongalia County Commission may levy a special district excise tax for the benefit of the University Town Centre Economic Opportunity Development District which comprises approximately 1,450 contiguous acres of land.
Enr SB 461 (3) The Monongalia County Commission may levy a special district excise tax for the benefit of the University Town Centre Economic Opportunity Development District which comprises approximately 1,450 contiguous acres of land.
For purposes of determining the base tax revenue amount, the Jefferson County Commission shall promptly request a certification from the Tax Commissioner of the base Intr SB 461 tax revenue amount and the Tax Commissioner shall provide the certification to the Jefferson County Commission within thirty days.
For purposes of determining the base tax revenue amount, the Jefferson County Commission shall promptly request a certification from the Tax Commissioner of the base tax revenue amount and the Tax Commissioner shall provide the certification to the Jefferson County Commission within thirty days.
(5) The Mercer County Commission may levy a special district excise tax for the benefit of The Ridges Economic Opportunity Development District which comprises approximately 390 420 contiguous acres of land, subject to holding a public hearing as provided in §7-22-14(c) of this code, submitting the application required by §7-22-14(d) of this code, and obtaining the approval of the West Virginia Development Office as provided in §7-22-14(e) of this code.
(5) The Mercer County Commission may levy a special district excise tax for the benefit of The Ridges Economic Opportunity Development District which comprises approximately 420 Enr SB 461 contiguous acres of land, subject to holding a public hearing as provided in §7-22-14(c) of this code, submitting the application required by §7-22-14(d) of this code, and obtaining the approval of the West Virginia Development Office as provided in §7-22-14(e) of this code.
Enr SB 461 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 ..........................................................................................................., 2024.
.............................................................
Governor 5
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Action History

  1. Chapter 97, Acts, Regular Session, 2024

  2. Approved by Governor 3/27/24

  3. To Governor 3/14/2024

  4. Approved by Governor 3/27/24 - House Journal

  5. Approved by Governor 3/27/24 - Senate Journal

  6. To Governor 3/14/2024 - House Journal

  7. To Governor 3/14/2024 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 767)

  12. Read 3rd time

  13. Committee amendment withdrawn (Voice)

  14. Amendment reported by the Clerk

  15. On 3rd reading with right to amend, Special Calendar

  16. From House Calendar, 2nd reading, placed on Special Calendar

  17. On 2nd reading, House Calendar

  18. Placed on House Calendar

  19. On 2nd reading, Special Calendar

  20. Postponed on 2nd reading, Special Calendar, until 2/22/2024

  21. On 2nd reading, Special Calendar

  22. Postponed on 2nd reading, Special Calendar, until 2/21/2024

  23. On 2nd reading, Special Calendar

  24. Read 1st time

  25. On 1st reading, Special Calendar

  26. With amendment, do pass

  27. To House Economic Development and Tourism

  28. Introduced in House

  29. Ordered to House

  30. Passed Senate (Roll No. 80)

  31. Read 3rd time

  32. Laid over on 3rd reading 1/30/2024

  33. On 3rd reading

  34. Read 2nd time

  35. On 2nd reading

  36. Read 1st time

  37. On 1st reading

  38. Reported do pass

  39. To Economic Development

  40. Introduced in Senate

  41. To Economic Development

  42. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on · 10 voted No

Sponsors (1)

  • Swope

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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 81 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 551001
Unaffiliated 18701
Democrat 8000
Total 811702
% of votes cast 81%17%0%2%
How each member voted (100)
Member Party Vote
Jeffries — Yea
Rowe — Yea
Forsht — Yea
Smith — Yea
Griffith — Yea
Steele — Yea
Hamilton — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Espinosa — Yea
Householder — Yea
Foster — Nay
Longanacre — Nay
Ross — Nay
Martin — Nay
Kirby — Nay
Linville — Nay
Fast — Nay
Kump — 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 Nay
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Nay
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Nay
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 Nay
Eric Brooks Republican Nay
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Nay
Henry Dillon Republican Nay
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Nay
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Nay
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 Nay
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 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
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 Not Voting
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 →

Subjects

transportation agriculture
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 461?
SB 461 is sponsored by Ben Queen (Republican), Plymale, Mike Oliverio (Republican), Ryan Weld (Republican), and Swope.
What is the current status of SB 461?
This bill has been enacted into law. Introduced January 16, 2024. Enacted.
Where can I track SB 461?
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