Senate Bill No. 245

(By Senator Snyder)

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[Introduced January 21, 2004; referred to the Committee on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact §8-12-14 of the code of West Virginia, 1931, as amended, relating to the local powers act and school impact fees; and providing that municipalities may require proof of payment of county school impact fees before issuing building permits for residential structures.

Be it enacted by the Legislature of West Virginia:
That §8-12-14 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-14. Permits for construction and alteration.
The governing body of every municipality has plenary power and authority to require a permit as a condition precedent to the erection, construction, repair or alteration of any structure or of any equipment or part of a structure which is regulated by state law or municipal ordinance: Provided, That no such permits may be required of the state, a county or other governmental entity, its contractors, agents or employees for the erection, construction, repair or alteration of any structure or of any equipment or part of a structure designated for use by the state, a county or other governmental entity: Provided, however, That before issuing permits for residential structures subject to the county school impact fee provided in section seven, article twenty, chapter seven of this code, the governing body of a municipality may require proof that the applicant has paid the county school impact fee before issuing a permit.



NOTE: The purpose of this bill is to authorize municipalities to require proof of payment of county school impact fees before issuing building permits for residential structures.

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