SB747 H JUD AM 3-7 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL
PROVISIONS; CONSTRUCTION.
§8-1-5a. Pilot program to increase powers of municipal self
government.
(a) The Legislature finds and declares that:
(1) The future economic progress for the State of West
Virginia is directly related to the success of its municipalities
in that stronger municipalities will make for a stronger West
Virginia;
(2) Municipalities face numerous challenges managing their
budgets and delivering services required by federal or state law or
demanded by their constituents;
(3) Municipalities are sometimes restricted by state
statutes, policies, rules and responsibilities that prevent them
from carrying out their duties and responsibilities in a cost
effective, efficient and timely manner; and
(4) Authorizing pilot municipalities and metro governments in
West Virginia to exercise broad-based home rule will allow the
Legislature the opportunity to evaluate the viability of allowing
municipalities to have broad-based state home rule to improve urban
and state development.
(b) It is the intent of the Legislature in enacting this section to establish a framework for municipalities within which
new ideas can be explored to see if they can or should be
implemented on a statewide basis.
(c) Effective the first day of July, two thousand seven, there
is hereby created a pilot program to be known as the Municipal Home
Rule Pilot Program authorizing five selected Class I, Class II
and/or Class III municipalities and/or metro governments the
authority to enact any ordinances, acts, resolutions, rules and
regulations not contrary to the constitutions of the United States
or West Virginia, federal law, or chapters sixty-a, sixty-one and
sixty-two of this code.
(d) To be eligible to participate in the Municipal Home Rule
Pilot Program the applicant shall:
(1) Be a Class I, Class II and/or Class III municipality,
and/or metro government: Provided, That a municipality considering
consolidation or establishing a metro government shall have no more
than two years from the date it is selected for the pilot program
to complete its consolidation or metro government process or its
participation in the pilot program will terminate at the end of the
two-year period; and
(2) Have a written plan stating in detail the following:
(A) The specific laws, policies, rules or regulations which
prevent the municipality from carrying out its duties in the most
cost efficient, effective and timely manner;
(B) The problems created by the laws, policies, rules or
regulations; and
(C) The proposed solutions to the problems, including all
proposed changes to ordinances, acts, resolutions, rules and
regulations.
(e) Effective the first day of July, two thousand seven, there
is hereby created a Municipal Home Rule Board consisting of the
following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development
Office, or a designee;
(3) The chair of the Senate Committee on Government
Organization, or a designee;
(4) The chair of the House of Delegates Committee on
Government Organization, or a designee; and
(5) Three members representing the business community as
follows:
(A) One member shall be a representative of a local chamber of
commerce, selected by the West Virginia State Chamber of Commerce,
and shall be from the first congressional district;
(B) One member shall be a representative of the Business and
Industry Council, and shall be from the second congressional
district; and
(C) One member shall be a representative of Vision Shared,
Inc., and shall be from the third congressional district.
(f) The board has the powers necessary to implement the
provisions of this section, including the following:
(1) Reviewing, evaluating and making recommendations to the proposed plans submitted by eligible municipalities and/or metro
governments;
(2) Consulting with state agencies affected by the proposed
plans;
(3) Selecting municipalities and/or metro governments to
participate in the pilot program;
(4) Approving the plans of selected pilot program
participants; and,
(5) Authorizing amendments to approved plans.
(g) On or before the first day of January, two thousand eight,
an eligible municipality and/or metro government wanting to
participate in the pilot program shall submit a written plan as
described in subdivision (2), subsection (d) of this section to the
board.
(h) On or before the first day of June, two thousand eight,
the board shall select by a majority vote of the members present,
at least one, but not more than five municipalities and/or metro
governments to participate in the pilot program.
(i) The pilot municipalities and/or metro governments selected
to participate in the pilot program shall have the following
powers:
(1) The authority to pass any ordinances, acts, resolutions,
rules and regulations not contrary to the constitutions of the
United States or West Virginia, federal law, or chapters sixty-a,
sixty-one and sixty-two of this code as specified in their written
and approved plans; and
(2) Any other powers necessary to implement the provisions of
this section.
(j) Before the first day of July, two thousand twelve, the
Performance Evaluation and Research Division under the Legislative
Auditor shall conduct a performance review on the pilot program and
the participating municipalities and/or metro governments. The
review shall include the following:
(1) An evaluation of the effectiveness of expanded home rule
on the participating municipalities and/or metro governments;
(2) A recommendation as to whether the expanded home rule
should be continued, reduced, expanded or terminated;
(3) A recommendation as to whether any legislation is
necessary; and
(4) Any other issues considered relevant.
(k) On or before the first day of January, two thousand
thirteen, the Performance Evaluation and Research Division under
the Legislative Auditor shall report to the Joint Committee on
Government Organization the findings of the performance review.
(l) The pilot program terminates on the first day of July, two
thousand thirteen.
(m) No ordinances, acts, resolutions, rules or regulations may
be enacted by a municipality or metro government after the first
day of July, two thousand thirteen, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature.
§8-1-7. Construction of powers and authority granted.
(a) The enumeration of powers and authority granted in this chapter shall not operate to exclude the exercise of other powers
and authority fairly incidental thereto or reasonably implied and
within the purposes of this chapter or in accordance with the
provisions of the Municipal Home Rule Amendment to the constitution
of this state, the powers and authority granted by such
Constitution, other provisions of this code and any existing
charter.
and the The provisions of this chapter shall be given full
effect without regard to the common-law rule of strict construction
and particularly when the powers and authority are exercised by
charter provisions framed and adopted or adopted by revision of a
charter as a whole or adopted by charter amendment under the
provisions of this chapter.
(b) Any charter provision framed and adopted or adopted by
revision of a charter as a whole or adopted by charter amendment
under the provisions of former chapter eight-a of this code or
under the provisions of this chapter which is beyond the power and
authority of a city municipality and any ordinance provision which
is beyond the power and authority of a municipality shall be of no
force and effect.