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Bill

HJR 38

To modify the threshold for emergency services levies.

2026 Regular Session Introduced by Joe Statler and 1 co-sponsor

Lower the needed vote for emergency services levies from 60% to 50% in WV constitutional amendment.

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HJR 38

Overview

  • Bill: HJR 38 (House Joint Resolution 38)
  • Session: West Virginia 2026 Regular Session
  • Introduced by: Delegates Statler and Toney
  • Status: Introduced February 10, 2026; referred to the House Judiciary Committee
  • Type: Constitutional amendment proposal (requires voter ratification)

Main Purpose

  • To modify the threshold required for passage of an emergency services levy (e.g., levies for fire and emergency medical services) from 60% to 50%.

Key Provisions

  • Proposed Constitutional Amendment to Article X, Section 1 (Taxation and Finance)

    • In the section detailing property taxation and levies, adds a provision that a levy voted on for the purpose of emergency services (fire and emergency medical services) shall require only a 50% affirmative vote for passage, instead of the current 60%.
    • The amendment would be numbered “Amendment No. 1” and designated as the “Modifying emergency services levy amendment.”
    • The summarized purpose statement accompanying the amendment: “Relating to modifying the threshold for passage of an emergency services levy from 60% to 50%.”

  • Related fiscal provisions (contextual)

    • The section discusses existing tax structures, exemptions, and the authority to adjust rates subject to voter approval thresholds. The emergency services levy threshold change sits within this broader tax/levy framework.
    • The document mentions general budgeting and apportionment mechanics among levying units but does not create new taxes beyond the threshold change for emergency services levies.

Affected Parties and Impacts

  • Local government and school districts commonly rely on emergency services levies to fund fire departments and emergency medical services.
  • Voters in taxing districts that approve emergency services measures would have an easier path to passage if the threshold is lowered from 60% to 50%.
  • Potentially faster or more frequent funding for emergency services, depending on voter sentiment and the frequency of levy requests.

Procedural and Timeline Details

  • Legislative action:
    • Introduced in the House, referred to the Judiciary Committee.
    • Because this is a constitutional amendment, it would be placed on the ballot for voter ratification at the next general election in 2026 if advanced.
  • Ratification process:
    • Requires two-thirds of the members elected to each house to agree to submit the amendment to the voters (as with other constitutional amendments).
    • If approved by voters in the 2026 general election, the amendment would become part of the West Virginia Constitution.

Summary

HJR 38 seeks to lower the approval threshold for emergency services levies from 60% to 50% by amending Article X, Section 1 of the West Virginia Constitution. If enacted and ratified, this change would make it easier for local governments to fund fire and emergency medical services through voter-approved levies. The bill is currently in the Judiciary Committee after its introduction on February 10, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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