H. B. 4305

         (By Delegates Fragale, Iaquinta, Diserio

         and Jones)

         [Introduced January 24, 2014; referred to the

Committee on Political Subdivisions then Government Organizations.]

A BILL to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as amended, relating to exempting municipalities with populations of less than five thousand from the requirement that no more than two thirds of the total number of members of a building commission board be from the same political party.

Be it enacted by the Legislature of West Virginia:

    That §8-33-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING COMMISSIONS.

§8-33-3. Authority vested in board; composition of board; appointment; qualifications and terms of members; vacancies; reimbursement of expenses.

    All property, powers and duties and the management and control of each commission shall be vested in a board consisting of representatives appointed by the governmental body or bodies creating and establishing such commission. In the case of a municipal building commission or a county building commission such board shall consist of not less than three nor more than five members and in the case of a municipal-county building commission each participating municipality shall appoint two members and each participating county shall appoint three members. All members of any board shall be appointed for terms of five years. Prior to making the initial appointments to the board, the governmental body or bodies shall make such initial appointments so that approximately one fifth of the total number of members of the board shall be appointed for a term of one year, approximately one fifth of the total number of members of the board shall be appointed for a term of two years, approximately one fifth of the total number of members of the board shall be appointed for a term of three years, approximately one fifth of the total number of members of the board shall be appointed for a term of four years, and approximately one fifth of the total number of members of the board shall be appointed for a term of five years. As the term of each such initial appointee expires the successor to fill the vacancy created by such expired term shall be appointed for a term of five years.

    The ordinance or order creating a building commission may provide for the manner of appointments to the membership of such commission by the governmental body creating such commission, which, in the case of a county, shall be the county commission or other tribunal in lieu thereof and, in the case of a municipality, shall be the governing body thereof.

    If any member of any board die, resign or for any reason cease to be a member of the board, the governmental body which such member represented shall appoint another individual to fill the unexpired portion of the term of such member. No more than two thirds of the total number of members of the board of each commission shall be from the same political party and no member of any such board shall hold any office (other than the office of notary public) or employment under the United States of America, the State of West Virginia, any county or political subdivision thereof, or any political party: Provided, That municipalities with populations of less than five thousand are exempt from the requirement that no more than two thirds of the total number of members of the board of each commission be from the same political party. All members of any board shall be residents of the municipality or county for which appointed. No member of any board shall receive any compensation for his or her services as such, but each member shall be reimbursed by the commission for any reasonable and necessary expenses actually incurred in the discharge of his or her duties as a member of the board.

    NOTE: The purpose of this bill is to exempt municipalities with populations of less than five thousand from the requirement that no more than two thirds of the total number of members of a building commission board be from the same political party.

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