HOUSE CONCURRENT RESOLUTION NO. 135

(By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman, Jones, Martin, Phillips, R., Staggers, Talbott, Azinger, Householder, Kump, O’Neal, Nelson, Romine, Snuffer and Storch)

[Originating in the Committee on Government Organization;

March 4, 2011]

    Requesting that the Joint Committee on Government and Finance authorize a study of the authority of participating municipalities in the municipal home rule pilot projects to propose plan amendments.

    WHEREAS, The Legislature authorized five municipal home rule pilot projects in order to address a variety of challenges facing local governments; and

    WHEREAS, Municipal home rule pilot projects are scheduled to be evaluated before July 1, 2012; and

    WHEREAS, In addition to evaluating the effectiveness of expanded home rule pilot projects, municipalities may have financial needs and constraints that may not be sufficiently addressed in the authorizing legislation; and

            WHEREAS, the Legislature is concerned about potential conflicts as to the authority of pilot municipalities and school boards to construct school buildings; and

    WHEREAS, The Legislature is concerned about pilot municipalities adopting ordinances, rules or regulations which alter the tax structure or taxing authority without submitting the issue to the voters; and

    WHEREAS, The Legislature is committed to providing municipalities with practical methods, policies and procedures sufficient to address the various challenges facing municipalities; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to authorize a study of the authority of participating municipalities in the municipal home rule pilot projects to propose plan amendments; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.