Bulletin: WV2024001

Dear Associates:

Below are some of the legislative changes made by the West Virginia Legislature in 2024 that are being brought to your attention:

• Senate Bill 142 - Effective June 5, 2024, amends and reenacts 59-1-2a of the Code of West Virginia, as amended, relating to clarifying the deadline to file an annual report for corporations, limited partnerships, domestic limited partnerships, and foreign limited liabilities companies engaged or authorized to do business in West Virginia: and requiring certain disclosures from non-governmental entities who solicit the purchase of, or payment for, a product or service from a business with which they do not have a pre-existing commercial relationship for annual report filling by means of mailing, electronic mail, or facsimile.
  
  
• Senate Bill 171 - Effective May 13, 2024, amends and reenacts 7-1-3 and 7-1-3ff of the West Virginia Code, as amended; all relating to prohibiting county commissioners from adopting an ordinance, rule, license requirement, or other authorization that exceeds state law, rule, or regulation regarding agricultural operations; revoking any ordinance, rule, or regulation regarding agricultural operations; prohibiting county commissioners from adopting any ordinance, rule, regulation, or other authorization that prohibits or alters permissible use of federal or state pesticides, herbicides, or insecticides; prohibiting county commissioners from adopting ordinances that regulate dwellings or other buildings on agricultural land or operations; and requiring appointment of at-large member on county enforcement agency to have background or knowledge of agricultural operations.
  
  
• Senate Bill 803 - Effective May 29, 2024, amends and reenacts 11-4-3 of the West Virginia Code, as amended, relating to assessment of real property; providing that real property occupied by an immediate family member or former spouse of the owner exclusively for residential purposes be included in class two for assessment and taxation purposes; and further defining immediate family member.
  
  
• Senate Bill 240 - Effective May 29, 2024, amends and reenacts 59-1-14 of the Code of West Virginia, as amended, relating to fees charged by sheriffs.
  
  
• House Bill 4940 - Effective June 4, 2024, amends the Code of West Virginia, as amended; by adding thereto a new section, designated as 37-6-31; and to amend the Code by adding thereto a new article, designated as 55-3C-1 and 55-3C-2; all relating to squatting and the remedies therefor; defining a term; clarifying that squatting is a wrongful occupation of property; excluding squatting from the provisions of certain sections of the Code; providing that petition and eviction are not appropriate remedies to remove squatters from property; defining terms; providing that squatters are not tenants; noting that squatting is the same as trespass.
  
  
• House Bill 5326 - Effective June 6, 2024, amends the West Virginia Code, as amended, to amend the code by adding a new article, designated 30-38B-1, 30-38B-2, 30-38B-4, 30-38B-5, 30-38B-6, 30 38B-7, and 30-38-B-8, all relating to providing the prohibition of real estate service agreements that are unfair to an owner of residential real estate; prohibiting the recording of such agreements so that the public records will not be clouded with them; providing that recording unfair real estate service agreements is prohibited; and providing for remedies.
  
  
• House Bill 5561 - Effective June 6, 2024, acts to amend and reenact 44-D-1-103, 44D-4-402, 44D-503c, 44D-7-701, 44D-7-704, 44D-7-705, 44D-8B-2, and 44D-10-1011 of the Code of West Virginia, as amended, all relating to permitting the electronic execution of trusts; defining terms; clarifying that a trust instrument may be executed in an electronic format; clarifying inapplicability to wills unless duly admitted to probate; and making consistent certain provisions with allowing electronic execution of trusts.

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