Adopted by House 3-9-07
SB747 HFA MOYE 3-9 #2
Delegate Moye moves to amend the amendment on page four, line
nine-teen, by striking out the remainder of the section after
subsection (h) and inserting in lieu thereof the following,
"(i) Upon selection of municipalities and/or metro government,
all affected citizens of the selected area shall have the right to
participate in an election to approve or reject participation in
the home rule pilot program. This election may be held at either
a primary, general or special election. A notice of all conclusive
facts of such pilot program are to be advertised in a newspaper of
general circulation in the selected area. This notice shall run
for no less than ten days.
(j) 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.
(k) 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.
(k) 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.
(l) 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.
(m) The pilot program terminates on the first day of July, two
thousand thirteen.
(n) 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."