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Introduced Version House Bill 3291 History

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hb3291 intr
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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