H. B. 4747


(By Mr. Speaker, Mr. Kiss, and

Delegates Martin and Border)

[Introduced February 25, 2000; referred to the

Committee on Political Subdivisions.]




A BILL to reform, alter and modify the county commission of the county of Wirt, under the provisions of section thirteen, article nine of the constitution of this state.

Be it enacted by the Legislature of West Virginia:
WIRT COUNTY COMMISSION.
§1. Declaration of legislative findings.
The Legislature hereby finds and declares that, by a petition dated the seventeenth day of February, two thousand, presented to the county commission of the county of Wirt, at least ten percent of the registered voters of Wirt County have requested the reformation, alteration and modification of the county commission of that county pursuant to the provisions of section thirteen, article nine of the constitution, so as to make the county commission composed of a tribunal of five county administrators as provided by section nine, article nine of the constitution, elected by the voters of Wirt County and to hold their office in the manner provided in section ten of that article.
The Legislature further finds and declares that, by a letter dated the eighteenth day of February, two thousand, the county commission of the county of Wirt has verified that the petition is proper and has requested the Legislature to so reform, alter and modify the 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 the petition and of section thirteen of the constitution by the provisions of this article.
§2. Reformation, alteration and modification of the county commission of the county of Wirt; composition; application of laws.

The county commission of the county of Wirt is hereby reformed, altered and modified so that there shall be a tribunal to be known as the county administration composed of five county administrators, and shall be in all respects the county administration, with such powers, duties and responsibilities, as is provided for under sections nine, ten and eleven, article nine of the constitution of this state, and all of the provisions of the constitution and general laws of this state, relating to county commissions composed of three commissioners shall apply to the county administration.
§3. Election of county administrators; terms of office; exception.
At the general election to be held in the year two thousand, there shall be elected on a nonpartisan basis by the voters of the county of Wirt five county administrators of the county administration, no two of whom shall be residents of the same magisterial district, and county administrators shall hold their office for a term of four years, except that for the first election only the highest vote getter in each of the county's three districts may serve for four year terms. The next highest vote getter may serve a two year term initially and then will have to run for reelection to a four year term. The next highest vote getter in a district which did not already have two administrators selected will also serve a two year term initially and will have to run for reelection to a four year term. At the first meeting of the administrators elected in the year two thousand, they shall designate by vote from among themselves a chairperson to act as chief administrator. The chairperson shall be rotated annually.
§4. Submission to voters of question of reformation, alteration and modification of the county commission.

At the primary election to be held in the year two thousand, the question of assent to or rejection of the creation by reformation, alteration and modification of the county commission as is provided by this article shall be submitted to the voters of the county of Wirt voting at the election. 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 once in each week for two successive weeks immediately preceding the election. The election shall be conducted and the result ascertained and declared as provided by law for general elections. The board of ballot commissioners of the county shall place upon, and at the foot of, the official ballot to be voted at the general election, under the heading "Ballot on Modification of the County Commission," a summary of the purpose of the ballot and the words "For modification of the county commission" and "Against modification of the county commission," and this shall be printed in form and content as follows:
Ballot on Modification of the County Commission to reform, alter and modify the County Commission of Wirt County, now composed of three commissioners elected by the voters of the magisterial district wherein the commissioner resides, and to provide for a tribunal to be known as the county administration composed of five county administrators, no two of which may reside in the same magisterial district, elected by the voters of the county at large in the manner provided in sections nine and ten of the Constitution of West Virginia.
[ ] For modification of the county commission.
[ ] Against modification of the county commission."
§5. Effect of result of vote on modification of the county commission.

If a majority of the votes cast upon the question are for modification of the county commission, this article shall be and remain in full force and effect; but, if a majority of the votes are against modification of the county commission, this article shall be void and of no further force and effect.