West Virginia 2018 Regular Session Status: In Committee 1 R cosponsors

HB 4158 — Relating to municipal home rule

Last action — On 2nd reading, House Calendar

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

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

163 added · 111 removed

Plain-language change summary

The updated bill HB 4158 has made some significant changes to the Municipal Home Rule Program. Most importantly, it removes the automatic expiration date of the pilot program, allowing it to continue indefinitely as a permanent program for municipalities. Additionally, the new version allows for annual assessments of program participants and specifies that certain local ordinances must be updated to align with new regulations. These changes are important as they provide more stability and flexibility for local governments in managing their own ordinances and operations.

→
Previous
Latest
NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 4158 History OTHER VERSIONS  —  Committee Substitute  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Committee Substitute « House Bill 4158 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia Legislature regular session Introduced House Bill 4158 By Delegates Westfall, Ambler, Maynard, Wagner, Atkinson, Lane, Ward, Higginbotham and Hamrick [Introduced January 16, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for House Bill 4158 By Delegates Westfall, Ambler, Maynard, Wagner, Atkinson, Lane, Ward, Higginbotham and Hamrick [Originating in the Committee on Government Organization;
Referred to the Committee on Political Subdivisions then Government Organization.] A BILL to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to municipal home rule;
February 21, 2018] A BILL to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to municipal home rule;
creating a Home Rule Board Operations Fund;
providing for annual assessment of participants;
providing for fund expenditures;
proscribing fiscal year end funds not transfer to the General revenue Fund;
Establishing the Municipal Home Rule Pilot Program as a permanent program available to all municipalities statewide is in the public interest;
Establishing the Municipal Home Rule Program as a permanent program available to all municipalities statewide is in the public interest;
Any ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed.
Any ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section before or during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed:
Provided, That municipalities that are participants in the Municipal Home Rule Program shall update their ordinances, acts, resolutions, rules, and regulations to comply with any additions or modifications to subsection (i) or subsection (j) of this section.
-- (1) Commencing July 1, 2015 2018, thirty Class I, Class II and Class III municipalities and four Class IV municipalities that are current in payment of all state fees may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.
-- (1) Commencing July 1, 2015 2018, thirty any Class I, Class II and Class III municipalities and four Class IV municipalities that are municipality that is current in payment of all state fees may apply to participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.
(2) The municipalities participating in the pilot program on the effective date of the amendment and reenactment of this section are hereby authorized to continue in the pilot program, subject to the requirements of this section, and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.
Beginning July 1, 2018, up to four applications from Class IV municipalities may be approved annually by the board for participation in the Municipal Home Rule Program:
Provided, That the Class IV municipality is current in the payment of all state fees.
(2) The municipalities participating in the Municipal Home Rule Pilot Program on the effective date of the amendment and reenactment of this section are hereby authorized to continue in the pilot Municipal Home Rule Program, subject to the requirements of this section, and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.
(3) All municipalities currently participating in the Home Rule Pilot Program and all participants in the Municipal Home Rule Program shall pay an annual assessment of $2,000.00 for the operation and administration of the Board.  The annual assessment is due July 1, 2018 and every July 1 thereafter.  Any participating municipality that fails to timely remit its assessment when due may be assessed a penalty of an additional $2,000.00 by the Board.
(4) There is hereby created the “Home Rule Board Operations Fund”.  Expenditures are authorized from collections and are to be made in accordance with appropriation by the Legislature in accordance with the provisions of §12-3-1 et seq., of this code and upon fulfillment of the provisions of §11B-2-1 et seq., of this code:
Provided, That collections received during fiscal year may be expended upon receipt without prior Legislative appropriation.
Any balance remaining in the fund at the end of any state fiscal year shall not revert to the General Revenue Fund, but remain in the special revenue account to be used by the Board only in a manner consistent with this section.  All costs and expenses lawfully incurred by the Board, including administrative and legal, shall be paid from the Home Rule Board Operations Fund.  At such time as the unencumbered balance in the fund at the end of a state fiscal year is $200,000 or more, the annual assessment shall be suspended until such time as the unencumbered balance in the fund will be insufficient to meet future operating and legal expenses.
Effective July 1, 2015, the Municipal Home Rule Board shall consist of the following five voting members:
Effective July 1, 2015, The Municipal Home Rule Board shall consist of the following five voting members:
(3) Review, evaluate, make recommendations and approve or reject for any reason, by a majority vote of the board, the amendments to the written plans submitted by municipalities;
(3) Review, evaluate, make recommendations and approve or reject for any reason, by a majority vote of the board, the amendments to the approved written plans submitted by municipalities:
Provided, That any new application or amendment that does not reasonably demonstrate the municipalities ability to manage the costs or potential liabilities associated with its proposed application or amendment may be rejected by the board;
and (5) Perform any other powers or duties necessary to effectuate the provisions of this section.
and (5) Perform any other powers or duties necessary to effectuate the provisions of this section:
Provided, That any administrative rules established by the board for the operation of the Municipal Home Rule Program shall be published on the Municipal Home Rule website, and made available to the public in print upon request.
-- Any Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:
-- Any Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program or any municipality desiring to amend its existing approved Home Rule plan, shall submit a written plan or a written amendment to its existing plan to the board stating in detail the following:
-- Prior to submitting its written plan to the board, the municipality shall:
-- Prior to submitting its written plan, or amendment to its existing plan, to the board, the municipality shall:
(1) Hold a public hearing on the written plan;
(1) Hold a public hearing on the written plan or the amendment to the approved plan;
(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;
(2) Provide notice of the public hearing at least thirty days prior to the public hearing by a Class II legal advertisement:
(3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing;
Provided, however, That on or before the first day of publication, a copy of the notice shall be sent by 1st class mail to the Chairman of the Municipal Home Rule Board and the Cabinet Secretary of any state agency identified in the application or amendment, whether by name of the state agency or by inclusion of state law or rule directly overseen by that state agency;;
and (4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.
(3) Make a copy of the written plan or amendment available for public inspection at least thirty days prior to the public hearing;
and (4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan or amendment to an approved plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.
-- On or after June 1, 2015, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.
-- On or after June 1, 2015, By a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.
-- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section:
-- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:
Provided, That notice is given at least thirty days prior to passage by a Class II legal advertisement, that is not contrary to:
(2) Laws governing bidding on government construction and other contracts;
(2) Laws governing bidding on government construction and other related contracts;
(10) Federal law or crimes and punishment;
(10) Federal law or including those governing crimes and punishment;
of this code or state crimes and punishment;
of this code or governing state crimes and punishment;
Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program or the Municipal Home Rule Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program:
Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program or the Municipal Home Rule Program, it shall reduce or eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program:
And provided further, That such tax will shall not apply to the sale of motor fuel or motor vehicles;
And provided further, That such tax will may not apply to the sale of motor fuel or motor vehicles;
and (18) Laws governing professional licensing or certification, including the administration and oversight of those laws, by state agencies to the extent required by law.
(18) Laws governing professional licensing or certification, including the administration and oversight of those laws, by state agencies to the extent required by law;
and (19) Federal laws, regulations or standards related to transportation that would materially affect the states required compliance or result in the loss of federal funding.
Show all 61 changed rows (21 more)
Previous
Latest
Provided, That this prohibition under the Municipal Home Rule Pilot Program does not limit a municipality's powers outside its boundary lines under other provisions of this section, other sections of this chapter, other chapters of this code or court decisions;
Provided, That this prohibition under the Municipal Home Rule Pilot Program does not limit a municipality's powers outside its boundary lines to the extent permitted under other provisions of this section, other sections of this chapter, other chapters of this code or court decisions;
or (2) Enacts an occupation tax, fee or assessment payable by a nonresident of a municipality.
or (2) Enacts an occupation tax, fee or assessment payable by a nonresident of a municipality;
(3) Imposes duties on another governmental entity unless the performance of the duty is part of a legally executed agreement between the municipality and the other governmental entity, or otherwise permitted by state law;
or (4) Prohibits or effectively limits the rental of a property, in whole or in part, or regulates the duration, frequency, or location of such rental, in whole or in part.
A municipality may regulate activities that arise when a property is used as a rental, provided that such regulation applies uniformly to all properties, without regard to whether such properties are used as a rental .
-- A municipality participating in the Municipal Home Rule Pilot Program may amend any ordinance, act, resolution, rule or regulation enacted pursuant to the municipality's approved written plan at any time so long as any amendment is consistent with the municipality's approved written plan, complies with the provisions of subsections (i) and (j) of this section, and the municipality complies with all applicable state law procedures for enacting municipal legislation.
-- A municipality participating in the Municipal Home Rule Pilot Program may amend any ordinance, act, resolution, rule or regulation enacted pursuant to the municipality's approved written plan at any time so long as any amendment is consistent with the municipality's approved written plan or any approved amendment thereto, complies with the provisions of subsections (i) and (j) of this section, and the municipality complies with all applicable state law procedures for enacting municipal legislation.
-- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.
-- Commencing On or before December 1, 2015, and of each year thereafter, each participating municipality shall give a written progress report to the Municipal Home Rule Board and commencing on or before January 1, 2016, and of each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.
An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed (n) In the event thirty percent of the qualified voters of the municipality that voted in the previous municipal election, by petition duly signed by them in their own handwriting and filed with the recorder of the municipality within forty-five days after the enactment or amendment of an ordinance, 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 the governing body directs.
An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed (n) In the event thirty percent of the qualified voters of the municipality that voted in the previous municipal election, by petition duly signed by them in their own handwriting and filed with the recorder of the municipality within forty-five days after the enactment or amendment of an ordinance, act, resolution, rule or regulation, protest against the ordinance as enacted or amended, the ordinance, act, resolution, rule or regulation 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 the governing body directs.
(o) Notwithstanding any other provision of this code to the contrary, on and after the effective date of the enactment of this provision in 2015, no distributee under the provisions of this section may seek from the Tax Division of the Department of Revenue a refund of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue, nor seek a change in past amounts distributed, or any other retrospective adjustment relating to any amount distributed, to the extent that the moneys in question have been distributed to another distributee, regardless of whether those distributions were miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or incorrect.
(o) Notwithstanding any other provision of this code to the contrary, on and after the effective date of the enactment of this provision in 2015, no distributee under the provisions of this section may seek from the Tax Division of the Department of Revenue a refund of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue, nor seek a change in past amounts distributed, or any other retrospective adjustment relating to any amount distributed, to the extent that the moneys in question have been to another distributee, regardless of whether those distributions were miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or incorrect.
For purposes of this section, the term "distributee" means any municipality that receives or is authorized to receive a specific distribution of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue pursuant to this section.
For purposes of this section, the term “distributee” means any municipality that receives or is authorized to receive a specific distribution of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue pursuant to this section.
  NOTE:
  Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
The purpose of this bill is to establish the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program.
The bill provides that any ordinance, act, resolution, rule or regulation enacted pursuant to the Municipal Home Rule Pilot Program shall continue until repealed.
The bill clarifies the authority of the Municipal Home Rule Board.
The bill allows all municipalities to participate in the Municipal Home Rule Program.
The bill requires certain notice prior to passing of an ordinance.
The bill prohibits municipalities participating in the Municipal Home Rule Program from passing an ordinance, act, resolution, rule or regulation that is contrary to certain laws governing the professional licensing or certification of public employees.
The bill provides for petition procedures to protest enacted or amended ordinances.
The bill requires ratification of certain ordinances by the voters in a municipal election.
The bill eliminates the automatic termination of the Municipal Home Rule Pilot Program on July 1, 2019.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
⬇ Download PDF
View plain text versions (2)

Action History

  1. On 2nd reading, House Calendar

  2. Placed on House Calender

  3. On 2nd reading, Special Calendar

  4. Postponed on 2nd reading, Special Calendar, until 2/27/18

  5. Placed at foot of bills on 2nd Reading

  6. Placed on Special Calender

  7. On 2nd reading, House Calendar

  8. Placed on House Calender

  9. On 2nd reading, Special Calendar

  10. Read 1st time

  11. On 1st reading, Special Calendar

  12. By substitute, do pass

  13. To House Government Organization

  14. With amendment, do pass, but first to Government Organization

  15. To House Political Subdivisions

  16. Introduced in House

  17. To Political Subdivisions then Government Organization

  18. Filed for introduction

Sponsors

  • Hamrick · Cosponsor
  • Atkinson · Cosponsor
  • Westfall · Primary
  • Higginbotham · Cosponsor
  • Ambler · Cosponsor
  • Wagner · Cosponsor
  • Guy Ward · Cosponsor
  • Maynard · Cosponsor
  • Lane · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 143 not signed on

Sponsors (1)

  • Westfall

Co-sponsors (8)

  • Hamrick
  • Atkinson
  • Higginbotham
  • Ambler
  • Wagner
  • Guy Ward Republican
  • Maynard
  • Lane

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"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

Subjects

Municipalities
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 4158?
HB 4158 is sponsored by Hamrick, Atkinson, Westfall, Higginbotham, Ambler, Wagner, Guy Ward (Republican), Maynard, and Lane.
What is the current status of HB 4158?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4158?
Track HB 4158 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 4158

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 4158

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →