MORGANTOWN – The Senate Government Organization Committee Friday moved along bills to reign in the governor’s emergency powers, tweak how cities can annex land and change how legal ads are posted without harming newspaper revenue.
The emergency powers bill is HB 2003. It says a state of emergency may last no longer than 60 days unless both houses of the Legislature pass a concurrent resolution to extend it. A state of preparedness may last no longer than 30 days unless extended by resolution.
Many delegates found the bill unclear on its application to the current state of emergency, which began in March 2020. Delegate Patrick McGeehan, R-Ohio, offered an amendment specifying that it does, which was adopted by House Judiciary, then removed over reported objections from the governor’s office, proposed again on the House floor and defeated.
Before passage, McGeehan asked Judiciary chair Moore Capito, R-Kanawha, if he would go on the record saying he believes the bill will apply even without the amendment. Capito said, “I believe that.”
The lack of clarity arose again Friday. When asked, committee counsel told the senators, “That’s a very hard question. It appears to me to apply to future situations.”
So Sen. Bill Ihlenfeld, R-Ohio, offered a conceptual amendment – the wording will be worked out – to make it apply to the current emergency.
Senators adopted the amendment and passed the bill. It goes next to Judiciary.
Annexation bill
Last year, the Legislature passed and the governor signed SB 209, which effectively if not actually made it impossible for cities to annex land by minor boundary adjustment. An annexation controversy in Morgantown was frequently referred to as a reason for the bill.
SB 209 required each business, resident and freeholder in the territory proposed for annexation to execute an affidavit of consent. If the city is unable to reach the business, resident or freeholder and obtain an affidavit within 90 days of sending the affidavit and a letter of explanation, consent is presumed.
If the county commission determines annexation could be achieved more efficiently or cost effectively via two other methods in code — via petition by 5% of the freeholders followed by a citywide vote, or via petition by both a majority of the qualified voters and a majority of the freeholders in the proposed new territory — it must deny the application.
On Friday, the committee took up a bill to tweak that. It limits a minor boundary adjustment to 105% of the existing total municipal boundary and 120% percent of the current area of the municipality. Only one minor boundary adjustment made within a five-year period.
The bill also sets up a process for decreasing the city limits, with written consent of any affected business.
It passed and goes to the Senate floor.
Legal ad bill
SB 642 requires the state auditor to establish a Central Legal Advertising website by Jan. 1, 2022, for free posting of all legal advertising. Posting would be permissive.
Committee counsel told the senators the West Virginia Newspaper Association opposed the introduced version because it could drastically reduce local newspaper revenues.
The committee took up a revised version that requires any entity that used the website also still post the ad in the appropriate newspaper.
Counsel told the senators the newspaper association did not oppose that version. It passed and goes to the Senate floor.
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