WEST virginia legislature

2017 regular session

Introduced

House Bill 2864

By Delegates O'Neal, Householder, Sypolt, Upson, Hill, Kessinger, Atkinson, C. Miller, Queen, Hamrick and Foster, N.

[Introduced March 8, 2017; Referred
to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-2d, relating to waiving certain business start-up and occupational licensing fees for low-income individuals.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §59-1-2d, to read as follows:

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-2d. Low-income individuals; waiver of certain fees.

(a) For the purposes of this section:

(1) “Licensing” means any required training, education, or fee to work in a specific profession.

(2) “Occupational fee” means a fee or tax on professionals or businesses that is charged for the privilege of providing goods or services within a certain jurisdiction.

(3) “Political subdivision” means a city, town, village, or county.

(4) “Licensing authority” means an agency, examining board, credentialing board, or other office with the authority to impose occupational fees or licensing requirements on any profession.

(5) “Low-income individuals” mean individuals whose household adjusted gross income is below one hundred thirty percent of the federal poverty line, or a higher threshold to be set by the executive branch department that oversees business regulation. This term also applies to any person enrolled in a state or federal public assistance program including, but not limited to, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program or Medicaid.

(b) Beginning July 1, 2017, low-income individuals are exempt from paying the fees provided in section two of this article for filing:

(1) Articles of incorporation of a domestic, for-profit corporation, for which he or she is an incorporator;

(2) Articles of incorporation of a domestic, nonprofit corporation for which he or she is an incorporator;

(3) Articles of organization of a domestic limited liability company, for which he or she is a member;

(4) Agreement of a domestic general partnership, for which he or she is a partner; or

(5) Certificate of a domestic limited partnership, for which he or she is a partner.

(c) Beginning on July 1, 2017, low-income individuals are exempt from paying the fees included in chapter thirty of this code.

(d) Individuals seeking a waiver of the above fees must apply to the appropriate governing or licensing authority in a format prescribed by the governing or licensing authority. The governing or licensing authority shall process the application within thirty days of receiving it from the applicant.

(e) The governing or licensing authority shall adopt necessary rules for the implementation of this section.

NOTE: The purpose of this bill is to waive business start-up and occupational licensing fees for low-income individuals.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.