H. B. 3005
(By Delegates Varner, Kominar, Stemple, Hartman,
Shook, Long, Pino, Tabb, Webster, Fleischauer
and Swartzmiller)
[Introduced February 12, 2007; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §8A-2-4 of the Code of West Virginia,
1931, as amended, relating to requiring the appointment of a
fireman to a county planning commission.
Be it enacted by the Legislature of West Virginia:
That §8A-2-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. PLANNING COMMISSIONS.
§8A-2-4. County planning commission.
(a) A county planning commission shall have not less than five
nor more than fifteen members, the exact number to be specified in
the ordinance creating the planning commission.
(b) The members of a county planning commission must be:
(1) Residents of the county; and
(2) Qualified by knowledge and experience in matters
pertaining to the development of the county.
(c) At least three fifths of all of the members must have been
residents of the county for at least three years prior to
appointment and confirmation by the county commission.
(d) The members of a county planning commission must fairly
represent different areas of interest, knowledge and expertise,
including, but not limited to, business, industry, labor, farming,
government and other relevant disciplines. One member must be a
member of the county commission or a designee. The term of
membership for this member is the same as the term of office.
Effective the first day of July, two thousand seven, a fireman
meeting the other requirements of this section, must be appointed
to the planning commission if a vacancy for which he or she is
qualified exists on the commission: Provided, That if a vacancy
does not exist, a fireman shall be appointed to fill the next
vacancy for which he or she is qualified.
(e) The Legislature finds that there are persons willing to
serve on planning commissions who may also own interests in
businesses that regularly conduct business in front of or with
planning commission staff. Such persons may have experience and
expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this
code to the contrary, any person employed by, owning an interest in
or otherwise associated with a business that regularly conducts
business in front of or with planning commission staff may also serve as a member of a planning commission and shall not be
disqualified from serving as a member because of a conflict of
interest as defined in section fifteen, article ten, chapter
sixty-one of this code and shall not be subject to prosecution
under provisions of that chapter when the violation is created
solely as a result of his or her relationship with the business.
This member must recuse himself or herself from any vote,
discussion, participation or other activity regarding the
conflicting issue.
(f) The Legislature finds that there are persons willing to
serve on planning commissions who may also own interests in
businesses who regularly conduct business in front of or with
planning commission staff. Such persons may have experience and
expertise which would be valuable assets to a planning commission.
For those reasons, notwithstanding any other provisions in this
code to the contrary, any person employed by, owning an interest in
or otherwise associated with a business that regularly conducts
business in front of or with planning commission staff may also
serve as a member of a planning commission and shall not be in
violation of subsection (g), section five, article two, chapter
six-b of this code if the member recuses himself or herself from
any vote, discussion, participation or other activity regarding the
conflicting issue: Provided, That such members do not constitute
a majority of the members of the planning commission at the same time.
(g) The remaining members of the county planning commission
first selected shall serve respectively for terms of one year, two
years and three years, divided equally or as nearly equally as
possible between these terms. Thereafter, members shall serve
three-year terms. Vacancies shall be filled for the unexpired term
and made in the same manner as original selections were made.
(h) The members of a county planning commission shall serve
without compensation, but shall be reimbursed for all reasonable
and necessary expenses actually incurred in the performance of
their official duties.
(i) Appointments for county planning commission membership
shall be made and confirmed by the county commission.
(j) An individual may serve as a member of a municipal
planning commission, a county planning commission, a multicounty
planning commission, a regional planning commission or a joint
planning commission, at the same time.
(k) The county commission may establish procedures for the
removal of members of the planning commission for inactivity,
neglect of duty or malfeasance. The procedures must contain
provisions requiring that the person to be removed be provided with
a written statement of the reasons for removal and an opportunity
to be heard on the matter.
NOTE: The purpose of this bill is to require the appointment
of a fireman to a county planning commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.