HOUSE CONCURRENT RESOLUTION NO. 95
(By Delegates Campbell, Trump, Michael, Frederick,
Kominar, Beane, Craig and Browning)
[Introduced March 6, 2003; referred to the
Committee on Rules.]
Requesting the Joint Committee on Government and Finance study the
annexation laws of the State of West Virginia and of the
various states to develop responsible and fair annexation
alternatives to provide municipalities with the means to
create more effective and efficient governmental entities in
the State while at the same time protecting the interests of
the counties, businesses and residents whose areas are sought
to be annexed.
Whereas, The current annexation laws in West Virginia are
problematic and vague and in need of clarification, especially in
relation to the absence of any population density requirements and
the requirement of adequate cost/benefit analysis and election
procedures; and
Whereas, Under current annexation laws there is no requirement
that the governing body of the municipality seeking to annex an
area meet any required conditions that exist in current law in
order for part of a county to be incorporated as a city initially;
and
Whereas, In the event that a municipality should be required by legislative enactment to meet certain criteria or conditions prior
to annexation, the question of whether or not the required criteria
has been met should be made reviewable by a circuit court; and
Whereas, The current annexation laws do not provide for a
county to continue to collect any portion of the hotel occupancy
tax after the area wherein the hotel or hotels are located has been
annexed thus causing the county to lose a source of revenue which
is used to help provide services to its citizens and could be used
for bonding purposes; and
Whereas, Annexation of an area normally results in significant
tax increases on individuals/business being annexed, and annexation
methods need to be constructed to be fair to all
citizens/businesses; and
Whereas, Some annexation methods allowed by law may discourage
existing employers expansion and encourage their movement out of
State and discourage new employers from locating in West Virginia,
thereby hurting the chances of West Virginians to find a job;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study an annexation laws of the State of West Virginia
and of the various sates to develop responsible and fair annexation
alternatives to provide municipalities with the means to create
more effective and efficient governmental entities in this State while at the same time consider and protect the interests of the
counties, residents and businesses whose areas are sought to be
annexed; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee and
Government and Finance.