CHARLESTON – The state Senate made quick work on Wednesday of the bill changing how cities may annex territory via minor boundary adjustment. SB 209 passed 32-0 without discussion and goes to the House.
As previously reported, in minor boundary adjustment under current law, the city bypasses the consent of freeholders and voters and applies to the county commission to annex the territory it seeks. The commission decides if the application meets the various threshold requirements, including whether the annexation could be efficiently and cost effectively accomplished under either of the other available methods.
Under SB 209, as it came out of Senate Government Organization, a city’s minor boundary adjustment application must include an affidavit of consent from each business, resident and freeholder in the territory. If the city can’t obtain an affidavit within 90 days after sending the form and a letter of explanation to the best available address, consent is considered granted.
If the county commission determines that the annexation could be cost effectively and efficiently accomplished under either of the other two available methods, or that the application lacks sufficient evidence that full consent has been granted, or that the application otherwise fails to meet the threshold requirements, the county must deny the application and explain the reasons for the denial.
The city may appeal denial to circuit court but may not reapply to annex the same area for two years.
As previously reported, Morgantown’s recent effort to grow the city by about a third via minor boundary adjustment, adding 3.8 square miles, 12,380 new residents, 367 businesses and 43 miles of roads is on hold following strenuous objection, particularly an organized effort by FAIR — Forced Annexation Isn’t Right.
Five of six local senators voted yes. Sen. Mike Maroney, R-Marshall, was absent.
County resolutions
Throughout the session, the House and Senate set aside days to celebrate the achievements of the various counties. On Wednesday, the Senate unanimously adopted SR 20, designating the day as Preston County Day, and SR 21, celebrating the achievements and contributions of Monongalia County. Residents of each joined senators on the Senate floor to receive copies of their respective resolutions.
Bills introduced
Here is a sampling of bills introduced Wednesday, Jan. 29. Local lead sponsors and co-sponsors, if any, are noted.
SB 644, to allow the Director of the Division of Natural Resources to assess a Wildlife Impact Fee on any operator of a wind power project that injures or kills a protected species of animal. Sen. Randy Smith, R-Tucker, lead sponsor; Sen. Dave Sypolt, R-Preston, co-sponsor.
SB 645, to prohibit hunting, capturing, killing, or destroying albino deer. Smith, lead sponsor.
SB 650, to the color scheme for county, city, or municipality vehicle registration plates and require new title certificates and registration on or before December 31, with renewal every two years. County plates would go from red and white to purple and white. City and municipal plates would go from blue and white to yellow and black.
HB 4580, to eliminate the certificate of need program. Delegate Amy Summers, R-Taylor, lead sponsor.
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