WEST virginia legislature

2020 regular session

Introduced

House Bill 4020

By Delegates Foster, Phillips, Jennings, Atkinson, Bibby, Steele, Butler, Waxman, Espinosa, Porterfield and Mandt

[Introduced January 13, 2020; Referred to the Committee on Government Organization]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-5h, relating to prohibiting any municipality from requiring a municipal license to engage in an occupation within the municipality if licensure to engage in that occupation is required by the state.

Be it enacted by the Legislature of West Virginia:

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

§8-12-5h. Limitations on municipalities’ power to require licensure to engage in certain occupations where state licensure is required.

 Notwithstanding powers granted to municipalities elsewhere in this code, a municipality may not require licensure to engage in an occupation within the municipality if the state requires licensure to engage in the occupation.

NOTE: The purpose of this bill is to remove authority of municipalities to require occupational licensure if licensure for the occupation is required by the state.

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