HB 2565
Municipalities may not assess a user fee when employee was not present in the municipality in the performance of his or her job
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill prohibits West Virginia municipalities from charging user fees when an employee providing a municipal service was not working within the municipality at the time the service was used. The bill requires municipalities to provide notice and an opportunity for appeal before imposing such fees and mandates that the municipality credit the employee if a fee is incorrectly assessed. It clarifies that employers must provide an affidavit confirming an employee’s absence from the municipality during service provision.
Key provisions
- Municipalities cannot assess user fees for services when the employee providing the service was not physically present in the municipality.
- The bill requires municipalities to provide certified mail notice to property owners before filing a lien.
- Property owners have the right to appeal lien assessments to the circuit court.
- Employers must provide a sworn affidavit confirming employee absence.
- Municipalities must provide a process for employees to receive a credit if a fee is incorrectly assessed.
- Publication requirements for municipal ordinances are maintained.
- A 30% voter petition can be used to protest an ordinance.
- Rates, fees, and charges must be related to public improvements funded by bonds.
Who is affected
- Municipalities
- Employees providing municipal services
- Property owners within municipal corporate limits
- Businesses operating within municipal boundaries
- Residents of West Virginia municipalities
Sponsors
Official sponsors from legislative records.
Primary sponsor
Linville
Cosponsors
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