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."