Senate Bill No. 727
[Originating in the Committee on Government Organization;
reported March 1, 2004.]
_____________
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 four, 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 West Virginia. The
Legislature further finds and declares that it fulfills the mandatory requirements of said petition and of said section
thirteen, article IX of the constitution of West Virginia 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 five,
an elected tribunal of eight persons, 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 for
in the constitution and general laws of this state.
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 conclude
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 four, there shall be elected eight county tribunal
members, one 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 two members shall serve two-year terms,
which three members shall serve four-year terms and which three
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
four, 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-0 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 as
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.
§6.Legislative mandate.
(a) Notwithstanding the provisions of this act, the
Legislature has serious concerns as to whether the petition
presented to it from the Hampshire County commission is a valid
petition and whether the act created as a result of the petition is
constitutional. The petition requests a new tribunal, the election
of which may be in violation of the provisions of section 10, article IX of the constitution of West Virginia, which provides
that county commissioners shall be elected by the voters of the
county. Generally, the Legislature will take such steps to modify
any requested legislation so as to preserve the presumption that
any act of the Legislature is constitutional. However, in light of
the holding in
Taylor County Commission v. Spencer, 285 S.E.2d 656
(W.Va. 1981), whenever the Legislature receives a petition to
reform, alter or modify a county commission, the Legislature has an
obligation to see that the act upon which the people of the county
will vote embodies the substance, spirit and intent of the
petition. Changing the present act to correct the perceived
constitutional defect would result in a substantial departure from
the reform proposal.
(b) It is the intent of the Legislature that the voters of
Hampshire County shall not bear the burden, expense and
consequences of electing a new tribunal only to have the new
governmental body later abolished and held invalid. Therefore, the
office of the attorney general shall, upon or after the effective
date of this act, file a declaratory judgment action with the court
of appropriate jurisdiction and obtain a decision as to the
validity and constitutionality of the original petition and the
ensuing act. In the event the office of the attorney general does
not file the declaratory judgment action in a timely manner, any
interested or affected party may initiate the declaratory judgment action on their own. The provisions of this act shall be held in
abeyance pending a ruling on the declaratory judgment action.
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(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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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