This bill proposes a constitutional amendment to lower the voter approval threshold for local tax increases dedicated exclusively to fire protection or emergency medical services. Currently, most local tax hikes require 60% voter approval, but this amendment would allow such increases to pass with a simple majority (50% plus one vote) instead. The change would apply only to fire and EMS funding, with strict limits: increases could not exceed 50% over current rates, would last no longer than three years, and would require separate voter approval each time. This aims to streamline funding for critical emergency services while maintaining higher approval standards for other local tax increases.
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Public Safety
HB 5030 modifies West Virginia's tax code to expand tax exemptions for certain public safety pensions. It adds Division of Natural Resources police, deputy sheriffs, full-time firefighters, and municipal police officers to the existing list of law enforcement personnel who can exclude the first $2,000 of retirement benefits from state taxable income. The bill amends §11-21-12(c)(6) of the West Virginia Code to include these roles under the tax-exempt pension provision. This change directly affects current and future retirees in these specific public safety professions by reducing their state income tax burden on pension payments. The policy change is limited to the first $2,000 of qualifying pension income per year, consistent with existing tax rules.
HJR 38 proposes a constitutional amendment in West Virginia to lower the voter approval threshold for emergency services levies - from 60% to 50% - for funding fire and emergency medical services. This change would directly affect local communities seeking to pass these levies, making it easier to secure voter approval for critical emergency service funding. The bill modifies Article X, Section 10 of the West Virginia Constitution, which currently requires 60% voter support for such levies. If approved, the amendment would require only a simple majority (50%) for passage, though levies would still need voter approval and could not exceed existing tax rate limits. The resolution is pending in the House Judiciary Committee after introduction on February 10, 2026.
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Public Safety
HB 5494 proposes allowing West Virginia counties to charge a $5-per-night fee on hotel stays (including motels, vacation rentals, and short-term leases) to fund local emergency services. County commissions would set the exact fee amount (up to $5/night), and hotels, operators, and online booking platforms would collect and remit the fee. Proceeds must be used exclusively for emergency medical services, fire protection, law enforcement, and 911 operations. The bill defines "hotel" broadly to cover all temporary lodging under 30 days, ensuring the fee applies to both traditional hotels and platforms like Airbnb.
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SB 767 establishes a new system for distributing West Virginia's emergency medical services (EMS) funding based on actual community needs rather than equal shares. The bill requires the state health department to conduct a biennial assessment evaluating factors like call volume, response times, financial stability, rural service gaps, and equipment shortages across all EMS agencies. Funding priorities will then target areas with high call volumes, slow response times, personnel shortages, or coverage deficits in rural and underserved communities. The law includes safeguards to prevent arbitrary funding cuts and mandates annual reports to the legislature detailing assessment results and funding allocations. This replaces the current equal-funding approach with a data-driven method to ensure resources reach the most critical areas.
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HB 5391 amends West Virginia's Emergency Medical Services Retirement System (EMSRS) to benefit current and future EMS personnel. It changes retirement benefit calculations to use a member's five highest-earning years instead of the current method, exempts all EMSRS pension income from West Virginia personal income tax (removing a previous $2,000 tax cap), and eliminates the 1,040-hour annual work limit for retired EMS workers returning to service in areas with staffing shortages. These changes directly affect emergency medical services workers enrolled in the EMSRS, providing tax relief and greater workforce flexibility. The bill creates the "EMS Retirement Equity, Tax Relief, and Workforce Support Act" as part of these policy updates.
HB 5326 increases the amount of pension income subject to annual cost-of-living adjustments (COLA) for retired municipal police officers, firefighters, and water/sewage system employees from $15,000 to $30,000 per year. Currently, only the first $15,000 of a retiree’s pension was adjusted for inflation each year; this change extends the COLA calculation to the first $30,000. The bill does not alter the 4% annual COLA cap or the two-year waiting period for new retirees. This policy change directly affects eligible retired municipal public safety and utility workers by providing broader inflation protection on their pension benefits.
SB 860 creates a state fund to cover funeral expenses for certain first responders who die while performing official duties. It authorizes up to $8,000 in payments for reasonable funeral and burial costs for law enforcement officers (including public facility security staff), firefighters (paid and volunteer), emergency medical personnel, correctional employees, and probation officers. The fund complements existing benefits but ensures at least $8,000 is available if other sources provide less. Payments require written certification that the death occurred "as a proximate result of official duties" and do not duplicate benefits under other state laws.
HB 4057 authorizes West Virginia state secretaries to establish a central purchasing program for volunteer fire departments and emergency medical services (EMS) to reduce supply costs through bulk or discounted buying. The bill requires secretaries to promulgate rules for this program and conduct reviews of department operations to identify cost-saving opportunities, such as optimizing vehicle fleets and lease agreements. This policy directly benefits volunteer fire and EMS organizations by potentially lowering their expenses on essential equipment and supplies. The bill does not create new funding but leverages existing state purchasing authority to achieve cost reductions.
SB 639 levies a new user fee on cigarette sales in West Virginia, directed specifically to fund Emergency Medical Services (EMS) programs. The bill creates a special revenue fund to collect and allocate all fee revenue exclusively for EMS support, including staffing, equipment, and training. It applies only to traditional cigarettes (as defined in the bill), not other tobacco products like e-cigarettes or smokeless tobacco. The fee will be paid by cigarette manufacturers and retailers as part of their tax obligations, with all funds legally required to support state EMS services.
