summary
Introduced
02/17/2025
02/17/2025
In Committee
04/10/2025
04/10/2025
Crossed Over
03/20/2025
03/20/2025
Passed
04/12/2025
04/12/2025
Dead
Signed/Enacted/Adopted
04/28/2025
04/28/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-40-1, §8-40-2, §8-40-3, §8-40-4, and §8-40-5; to further amend the code, by adding thereto to a new article designated §8-41-1 and §8-41-2 and to amend and reenact §8-13-4, §8-13-5, and §11-12-3 relating to small businesses; exempting independent contractors and sole proprietors from business licenses under certain requirements; establishing an amount of annual gross revenue for businesses to be exempt from business and occupation taxes and privilege taxes; facilitating the creation of home based businesses; providing for definitions; providing for permitted use; providing for reasonable regulations; providing for limited conditions; providing for review; providing for the amount of income before a business has to obtain a business license; creating the Small Business Protection Act; providing intent and legislative findings; and providing a short title.
AI Summary
This bill facilitates the creation of home-based businesses by establishing new legal protections and exemptions for small businesses and independent contractors in West Virginia. The legislation defines a home-based business as a commercial activity conducted inside a residential dwelling that does not generate significant traffic, on-street parking, or visible street signage. Municipalities are permitted to establish reasonable regulations for home-based businesses, but cannot require rezoning, fire sprinkler installations in single-family or two-unit dwellings, or additional licenses beyond those normally required. The bill exempts independent contractors and sole proprietors earning less than $2,500 annually from municipal business license requirements and establishes that home-based businesses are a permitted use of residential properties, though this does not override existing deed restrictions or community bylaws. Additionally, the bill includes the Small Business Protection Act, which acknowledges the disproportionate regulatory burdens faced by small businesses and aims to create more flexible regulatory approaches that support small business growth, job creation, and economic development. The legislation seeks to minimize unnecessary regulatory barriers while maintaining public health, safety, and welfare standards.
Committee Categories
Business and Industry, Justice, Transportation and Infrastructure
Sponsors (9)
Mike Hornby (R)*,
Eric Brooks (R),
Geno Chiarelli (R),
Kathie Crouse (R),
David Green (R),
Chuck Horst (R),
Jonathan Kyle (R),
Jordan Maynor (R),
Jimmy Willis (R),
Last Action
Approved by Governor 4/28/2025 (on 04/28/2025)
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