In The Shadow of The Dome
West Virginia Municipal League
Issue III - February 12, 2016
To view an up to date bill listing online, go to: www.wvml.org and click on
the Legislative tab and look for “Legislative Updates 2016” or follow this link:
http://www.wvml.org/legislative/2016-legislative-updates
Hotel/Motel- HB 4377 - passed House
Political Subdivisions Committee this week.
The bill was amended to remove the 30 day
stay exemption and added under the definition
of “hotel room” that sleeping accommodations
rented on a month to month basis or other rental
arrangement for thirty days or longer at the
inception at a boarding house, condominium,
cabin, tourist home, apartment or home or
sleeping accommodations rented by a hotel
operator to those persons directly employed
by the hotel operator for the purposes of
performing duties in support of the operation
of the hotel or related operations, would not be
considered a “hotel room”.
SB 521, it’s companion bill, is before Senate
Government Organization Committee.
This tax is a local tax and not a state tax,
local government officials make the decision
whether or not to impose the authority and
should not be subject to an exemption unless
sanctioned by the local governments.
We are not opposed to an increase in transient
employees; however, by filling our hotels/motels
with corporate reservations made for months
in advance, we are reducing local government
budgets with a much needed revenue source
and taking rooms off the market for those who
are subject to payment. The bill now moves to
House Finance Committee.
Please call your House Finance Committee
and Senate Government Organization
Committee to support our bill. You may
access the members contact info by
following this link:
House
=
http://www.legis.state.wv.us/
committees/house/HouseCommittee.
cfm?Chart=fin
Senate = http://www.legis.state.wv.us/
committees/senate/SenateCommittee.
cfm?Chart=govo
Removal from Office - SB 267-HB 4432
have all been introduced. Each bill seeks to
increase the threshold of signatures of named
petitioners required to bring a petition seeking
removal of a public official among other
things. Currently SB 267 is before Senate
Government Organization and HB 4432
is before House Political Subdivisions. SB
267 has a committee substitute for the bill in
Senate Government Organization Committee
which will include a threshold of “the lesser of
2,000 on petition OR 10% of registered voters
on petition”.
We are seeking to increase the petition
threshold from 1% to 10% of voters of the last
election in order to preserve the rights of the
majority who voted to place a municipal officer
in their seat.
We wish to strengthen the minimum reasonable attorney fees, injunctive and
requirements for removal from office to include declaratory relief.
failure to comply with ethical standards,
convictions and incapacity.
We are working for amendments on the
Senate side. The substantial burden definition
We wish to maintain the requirement that a
petition should only come from those persons has been stricken from the bill and the com
having voted in the last municipal election sub gives us something to work with. We
will work to get the attorney’s fees, punitive
preceding filing of a petition.
damages, etc. amended as well to curtail
Public Service Districts - C.S. SB 522 - frivolous lawsuits against cities. If you have
prohibits increasing rates of existing public other specifics to amend the bill, please let us
service district customers to provide for know. The bill is now in the Senate.
increased services for new customers. Senate
Government Organization Committee passed
a Com Sub for SB 522 which is a bad bill for
municipal water and sewer utilities. It puts the
Public Service Commission in a position to
order consolidation of water and sewer utilities
without local input, concern for rates on existing
customers, and quite frankly undoes some of
the comprehensive work we were successful
in removing regarding the archaic control of
the Public Service Commission in last year’s
bill. These decisions should remain as a local
option of the municipality. The bill was referred
to Rules Committee on first reading. A Senate
Concurrent Resolution has also been introduced
(SCR 33) which requests a study and report
on the issue of consolidation, regarding public
water and sewer utilities.
OTHER BILLS MOVING
Tax Collection - C.S. for C.S. SB 27 permits county commissions to hire outside
attorneys to assist the sheriff with collection
of taxes through the courts and to share the
cost of collection with the various taxing units.
The bill has passed the Senate and is before
House Judiciary Committee.
LVL’S - C.S. SB 116 - increases the number
of limited video lottery machines that a
retailer may have from five to seven, except
except that a fraternal society or veteran’s
organization authorized by IRS as 501C-3,
may be authorized to have on the premises
for which the license was issued not more
than twelve video lottery terminals (increased
B&O Tax - C.S. HB 4163 - provides municipalities from ten). The bill was referred to Senate
with the authority and procedure by which they Finance on second reading.
may publish the names of entities delinquent
in filing and paying business and occupation Financial Statements - C.S. HB 2588
taxes. The House passed a Com Sub for HB requires financial disclosure forms to be filed
4163; the bill is now before Senate Government with the Secretary of State electronically.
Organization Committee. The Com Sub adds Committees claiming hardship can request
that no such delinquency shall be included in a an exemption. The bill has passed the
delinquent list for publication if the deliquency House and is now before Senate Judiciary
has not lasted for at least 4 consecutive Committee.
quarters and that any information received by
the official from taxpayers regarding the validity OTHER BILLS OF INTEREST
of any deliquency, must be presented to city
council on or before June 15. Please call Sales Tax on Food/Beverages - HB 2262
Senate Government Organization members - establishes a procedure by which local
to ask for their support. You may access the governments may be authorized to levy a sales
members contact info by following this link: tax on food and beverages sold at restaurants.
The bill provides for county and municipality
http://www.legis.state.wv.us/committees/ options. The bill limits the total tax to three
senate/SenateCommittee.cfm?Chart=govo percent. The bill limits a municipal tax to two
percent. The bill sets forth the procedures for
Religious Freedom Restoration Act - Eng. counties and municipalities to use to impose
the tax. The bill requires publication. The bill
C.S. HB 4012 The bill creates the West Virginia Religious sets forth how the collected tax may be used.
Freedom Restoration Act to ensure that, in The bill sets forth apportionment of the tax
all cases where state action is alleged to between local jurisdictions. The bill sets forth
substantially burden the exercise of religion, a exemptions from the tax. The bill defines
compelling interest test is now mandated, and, terms. The bill provides criminal penalties.
strict scrutiny is applied. There is no new cause This bill was laid over in House Political
of action under this bill. Delegates Sponaugle Subdivisions Committee.
and Pushkin tried to amend Com Sub for HB
4012 during second reading, by striking out the
words “and local” but the amendment failed. The
bill was advanced to third on second reading
with an amendment from Delegate Shott which
removes compensatory damages, but leaves
House of Delegates Finance Committee
Senate Government Organization Committee
Committee Members
COMMITTEE MEMBERS
Delegate Nelson, E. - Chair
Delegate Householder - Vice-Chair
Delegate Boggs - Minority Chair
Delegate Guthrie - Minority Vice-Chair
Delegate Anderson
Delegate Bates
Delegate Butler
Delegate Canterbury
Delegate Espinosa
Delegate Evans, A.
Delegate Frich
Delegate Gearheart
Delegate Hamilton
Delegate Longstreth
Delegate Miller, C.
Delegate Moye
Delegate O’Neal
Delegate Perry
Delegate Pethtel
Delegate Reynolds
Delegate Smith, P.
Delegate Storch
Delegate Walters
Delegate Waxman
Senator Blair - Chair
Senator Walters - Vice-Chair
Senator Boso
Senator Facemire
Senator Ferns
Senator Gaunch
Senator Leonhardt
Senator Maynard
Senator Miller
Senator Mullins
Senator Palumbo
Senator Snyder
Senator Williams
Senator Yost
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Senate Leadership
LEGISLATIVE NEWSLETTER
President of the Senate: William P. Cole III
President Pro Tempore: Donna J. Boley
Majority Leader: Mitch Carmichael
Majority Whip: Daniel J. Hall
Minority Leader: Jeff Kessler
Minority Whip: John R. Unger II
Speaker of the House: Tim Armstead
Speaker Pro Tempore: William Anderson
Majority Leader: Daryl Cowles
Majority Whip: John D. O’Neal IV
Assistant Majority Whips: Paul Espinosa,
Eric L. Householder, John B. McCuskey,
Randy E. Smith, Kelli Sobonya
Minority Leader: Tim Miley
Minority Whip: Mike Caputo
Assistant Minority Whips: Michael T. Ferro,
Clif Moore, David Pethtel, Peggy Donaldson
Smith