West Virginia 2023 Regular Session

West Virginia House Bill HB2868

Introduced
1/20/23  

Caption

Establishing the Municipal Home Rule Program

Impact

The implications of HB 2868 significantly affect the financial autonomy of municipalities that are part of the Municipal Home Rule Program. By eliminating the capacity to impose local sales taxes, the bill aims to standardize revenue generation across municipalities and prevent potential disparities in local taxation policies. This change could hinder some municipalities in their efforts to address unique local needs through self-imposed tax measures, potentially leading to reduced funding for local initiatives or services.

Summary

House Bill 2868 aims to amend and reenact §8-1-5A of the Code of West Virginia, which relates to the authority of municipalities within the Municipal Home Rule Program to impose local sales taxes. This bill intends to remove the ability of participating municipalities to impose municipal sales tax, thereby centralizing taxation authority at the state level. The legislation emphasizes enhancing the powers and duties of the Municipal Home Rule Board while establishing a permanent Municipal Home Rule Program to facilitate diverse municipal governance solutions that meet local needs.

Sentiment

The sentiment surrounding HB 2868 appears to be mixed among legislators and stakeholders. Supporters argue that removing the authority for municipalities to levy a sales tax streamlines tax structures and aligns with a state-centric governance model aimed at consistency and uniformity. Conversely, critics express concerns regarding the loss of local control over taxation and the unique fiscal challenges proposed by this change. There is fear that the legislation could stifle local governmental flexibility in responding to specific community needs.

Contention

HB 2868 has generated significant debate, particularly regarding the balance between state authority and local governance. Advocates for local control worry that this bill represents an overreach by the state, undermining the very purpose of the Municipal Home Rule Program which was designed to give municipalities the capacity to make decisions tailored to their constituents. Notable discussion points also include the potential negative impact on local revenue and services, as well as the challenges municipalities may face in funding essential programs without the option of municipal sales taxation.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2866

Establishing the Municipal Home Rule Program

WV HB4601

Establishing the Municipal Home Rule Program

WV HB4017

Provide clarification around municipal taxation and the board’s responsibilities around reviewing home rule municipalities

WV SB870

Relating to fees imposed by municipalities

WV SB132

Requiring municipalities that impose one percent sales tax must reduce and remove B&O tax in five years

WV SB579

Relating to Home Rule Reform

WV HB2381

Relating to permitting a citizen of this state to vote in the election of a municipality in which the citizen does not reside

WV HB05480

An Act Establishing A Municipal Postemployment Benefit Plan Deficit Funding Bonds Pilot Program.

WV SB00337

An Act Establishing A Municipal Postemployment Benefit Plan Deficit Funding Bonds Pilot Program.

WV S553

Establishing the Municipal Reforestation Program

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