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Introduced Version House Bill 2370 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2370


(By Delegates Manuel and Doyle)

[Introduced February 20, 2001; referred to the

Committee on Political Subdivisions then Government Organization.]




A BILL to amend and reenact section four, article twenty-six-a, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to giving municipalities and counties the option of expanding the membership of historic landmark commissions from five members to as many as nine members, at the discretion of the mayor or county commission, respectively.

Be it enacted by the Legislature of West Virginia:

That section four, article twenty-six-a, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.

§8-26A-4. Municipality or county may establish historic landmarks commission; appointments; detailed provisions to be provided by ordinance or order; appropriation of funds.
Any municipality by ordinance and any county by order of the county commission entered of record may, if it so desires, establish a municipal historic landmarks commission or county historic landmarks commission, hereinafter in this article referred to as the commission, to consist of not less than five and not more than nine members, as determined by the mayor or county commission, respectively, and appointed by the mayor or county commission, as the case may be respectively.
In any such ordinance or order, the governing body shall include provisions specifying: (a) The terms of the members of such commission; (b) a method of filling vacancies; (c) whether the members of the commission are to be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties; (d) the officers of the commission to be elected from the membership thereof; (e) requirements as to meetings of the commission; (f) requirements as to a quorum of the commission; (g) requirements as to voting by members of the commission; and (h) such other matters as may be deemed necessary or desirable for the proper functioning of the commission. In the event the ordinance or order establishing such commission shall authorize the commission to issue certificates of appropriateness, the ordinance or order shall require a majority of the members to have demonstrated special interest, experience or education in history, architecture, planning, real estate or law, to the extent such persons are available in the community. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any national, state or local historical agency, society or organization.
Any such commission may also be authorized and empowered by any such ordinance or order to employ, within the limits of funds available therefor, such employees, assistants, technical personnel and consultants as are necessary to discharge the duties and responsibilities of the commission.
Any municipality or county establishing any such commission shall have plenary power and authority to appropriate funds to such commission for expenditure by the commission for the purposes of this article.

NOTE: The purpose of this bill is to give municipalities and counties the option of expanding the membership of historic landmark commissions from 5 members to as many as 9 members, at the discretion of the mayor or county commission, respectively.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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