WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
House Bill 2787
By Delegates Hott, Riley, Green, Kelly, Barnhart, Hall, Fehrenbacher, Browning, Chiarelli, Street, and Lucas
[Introduced February 21, 2025; referred to the Committee on Government Organization]
A BILL to amend and reenact ยง7-1-3k of the Code of West Virginia, 1931, as amended; relating to permitting county commissions to lease, rent, or permit the use of county-owned wireless towers or any portions thereof to any entity or entities; and prohibiting county commissions from levying charges for use of county-owners wireless towers or any portions thereof by public safety operations, the West Virginia Department of Highways, or any other state agencies.
Be it enacted by the Legislature of West Virginia:
## Article 1. County Commissions Generally.
(a) The county commission of each county is authorized to lease, rent, or to permit the use of county-owned buildings, lands and other properties or any portion thereof by nonprofit organizations. Authorized uses pursuant to this section shall include the granting of meeting places, service outlets and operational headquarters for organizations established within the county.
(b) Notwithstanding subsection (a), the county commission of each county is authorized to lease, rent, or permit the use of county-owned wireless towers or any portions thereof to any entity or entities: Provided, That county commissions may permit any of the following entities to use tower space but may not impose a charge for doing so: (1) public safety operations, including 911, law enforcement, ambulance, rescue, and firefighting, (2) the West Virginia Department of Highways, and (3) any other state agencies.
(c) Each county commission is authorized to charge and collect fees for uses of county properties pursuant to this section. In addition, each county commission is empowered to promulgate rules and regulations in order to carry out the provisions of this section within the county.
(d) The allocation of county properties for use by organizations shall be controlled either by the county commission or, optionally, by a panel which may be appointed by the commission for this purpose. Any panel appointed pursuant to this section shall consist of not less than three nor more that than five members who shall serve at the will and pleasure of the commission. All decisions of a panel, if one is appointed, shall be subject to review by the county commission.
(e) If a panel is appointed pursuant to this section, each member shall be a resident of the county in which the panel sits. A majority of the panel shall constitute a quorum for the transaction of business, and all matters shall be decided by the majority vote of those members present at a meeting. Each panel is authorized to select from among its members one secretary, who shall keep a record of all proceedings, and one chairman. A member may be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of his or her duties.
NOTE: The purpose of this bill is to permit county commissions to lease, rent, or permit the use of a county owned wireless tower or any portions thereof, with exceptions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.