H. B. 3291
(By Delegates Rowan and Trump)
[Introduced
March 25, 2005
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to reform, alter and modify the county commission of
Hampshire County under the provisions of section 13, article
IX of the Constitution of West Virginia.
Be it enacted by the Legislature of West Virginia:
HAMPSHIRE COUNTY COMMISSION.
§1.Legislative findings.
The Legislature hereby finds and declares that, by a petition
presented to the county commission of the County of Hampshire, at
least ten percent of the registered voters of said county have
requested the reformation, alteration and modification of the
county commission of said county, so as to replace the county
commission with a new form of administration entitled the county
tribunal. The Legislature further finds and declares that, by a
letter dated the twentieth day of May, two thousand three, said
county commission has verified that the petition is proper and has requested the Legislature to so reform, alter and modify said
county commission, as required by the provisions of section
thirteen, article nine of the Constitution of this state. The
Legislature further finds and declares that it fulfills the
mandatory requirements of said petition and of said section
thirteen of the constitution by the provision of this act.
§2. Reformation, alteration and modification of the Hampshire
County Commission; composition; application of laws.
That on and after the first day of January, two thousand
seven, an elected tribunal made up of one member from each
Hampshire County voting district, called the county tribunal, shall
replace the previous and existing county commission in the County
of Hampshire, whose terms of office shall immediately expire. The
newly elected county tribunal shall have the powers, duties and
responsibilities of a county commission as provided in the
Constitution and general laws of this state, and a majority of the
elected members of the tribunal would constitute a quorum.
Notwithstanding any other provision to the contrary, any reference
to a county commission or to county commissioners in the
Constitution or laws of this state shall be construed to include
and to reference the members of the county tribunal of the County
of Hampshire, unless the reference conflicts with a specific
provision of this act.
§3. Election of county tribunal members; terms of office; meetings; chair; compensation; administrator.
(a) At the general election to be held in the year two
thousand six, there shall be elected one tribunal member from each
voting district in Hampshire County. Only the registered voters in
their respective district may elect the tribunal member from that
voting district.
(b) The county tribunal members shall hold office for a term
of six years: Provided, That the terms shall be staggered, and at
the initial meeting of the county tribunal, the members shall draw
lots to determine which members shall serve two-year terms, which
members shall serve four-year terms and which members shall serve
six-year terms. Thereafter, each elected member shall serve a
six-year term.
(c) Each county tribunal member shall receive two hundred
fifty dollars for each tribunal meeting attended and shall be
reimbursed for expenses incurred while performing official duties
as sanctioned by the tribunal. No other benefits shall be awarded
to the tribunal members.
(d) Following a national search, the tribunal shall hire a
county administrator to carry out the day-to-day business of the
county as prescribed by the tribunal. The county administrator
shall be an employee of and answerable to the tribunal.
§4. Submission to voters of question of reformation, alteration
and modification of the county commission; publication.
At the primary election to be held in the year two thousand
six, the question of the reformation, alteration and modification
of the county commission as provided in this act shall be submitted
to the voters of Hampshire County voting at such election, on a
separate ballot furnished by the county commission, in the
following form:
"For reformation of the county commission.?
Against reformation of the county commission.?"
Notice of the election on the question shall be given by
publication of this act in each weekly or daily newspaper as a
Class II-O legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, in the county at
least once in each week for two successive weeks immediately
preceding the election.
§5. Effect of result of vote on modification of the county
commission.
If a majority of the votes cast upon the question be for
reformation of the county commission, this act shall be and remain
in full force and effect; but, if a majority of said votes be
against reformation of said county commission, said act shall be
void and of no further force and effect.
NOTE: The purpose of this bill is to reform, alter or modify
the County Commission of Hampshire County and, in lieu thereof,
with the assent of a majority of the voters of such county voting
at an election, create another tribunal, all pursuant to the
provisions of section 13, article IX of the Constitution of West
Virginia.
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