Senate Bill No. 491

(By Senator Wiedebusch)

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[Introduced March 24, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three- gg; and to amend and reenact section thirteen, article twelve, chapter eight of said code, all relating to preventing county commissions and municipalities from controlling the amount of rent charged for leasing private residential or commercial property.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-gg; and that section thirteen, article twelve, chapter eight of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

7-1-3gg. Rent control ordinances and regulations.
Notwithstanding any other provisions of this article, county commissions shall have no plenary power to enact, maintain or enforce an ordinance or code of ordinances that would control the amount of rent charged for leasing private residential or commercial property.
CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-13. Building regulation; general and special codes; state building code.

(a) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to:
(1) Regulate the erection, construction, repair or alteration of structures of every kind within the corporate limits of the municipality, prohibit, within specified territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material, and regulate excavations upon private property;
(2) Regulate electric wiring by prescribing minimum specifications to be followed in the installation, alteration or repair thereof; and
(3) Regulate plumbing by prescribing the minimum specifications to be followed in the installation, alteration or repair of plumbing, including equipment, water and sewer pipe, traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a) of this section, all existing municipal building codes are void one year after the promulgation of a state building code by the state fire commission as provided in section five-b, article three, chapter twenty-nine of this code.
Upon the voidance of the municipality's existing building code, if the municipality votes to adopt a building code, it must be the state building code promulgated pursuant to section five-b, article three, chapter twenty-nine of this code.
(c) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to adopt such state building code promulgated by the state fire commission.
(d) No governing body of any municipality shall have the power to enact, maintain or enforce an ordinance or code of ordinances that would control the amount of rent charged for leasing private residential or commercial property.



NOTE: The purpose of this bill is to prevent county commissions and municipalities from passing ordinances that would control the amount of rent charged for leasing private residential or commercial property.

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

§7-1-3gg is new; therefore, strike-throughs and underscoring have been omitted.