Introduced Version
House Bill 2761 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2761
(By Delegates Morgan, Stephens, Craig, Barrett,
Marshall, Guthrie, Fleischauer, Boggs,
Jones and Swartzmiller)
[Introduced February 28, 2013; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §8-1-5a of the Code of West Virginia,
1931, as amended, relating to the Municipal Home Rule Pilot
Program and the Municipal Home Rule Board; continuing the
pilot program and board until July 1, 2018; providing that two
current board members shall serve as ex officio nonvoting
members; updating the board's powers; authorizing up to six
additional municipalities to participate in the pilot program;
setting forth requirements for municipalities to participate
in the pilot program; setting forth powers of the
municipalities participating in the pilot program; providing
that metro governments may not participate in the pilot
program; establishing a termination date of the pilot program;
and clarifying the effects of ordinances and amendments passed
by the municipalities participating in the pilot program.
Be it enacted by the Legislature of West Virginia:
That §8-1-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 allows
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 provide a framework for municipalities within
which new ideas can be explored to see if determine they can or
should be implemented on a statewide basis.
(c) Effective July 1, 2007, 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 a 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.
(c) The Municipal Home Rule Pilot Program is continued until July 1, 2018. The four municipalities participating in the pilot
program on July 1, 2012, are authorized to continue in the pilot
program and may amend current written plans or submit new written
plans in accordance with this section.
__(d) The Municipal Home Rule Board is continued. The board
members serving on the board on July 1, 2013, shall continue to
serve, except that the chair of the Senate Committee on Government
Organization and the chair of the House Committee on Government
Organization shall be ex officio nonvoting members.
(e) Effective July 1, 2007, there is hereby created a 2013,
the Municipal Home Rule Board consisting shall consist 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 who shall serve as an ex officio
nonvoting member;
(4) The chair of the House of Delegates Committee on
Government Organization or a designee who shall serve as an ex
officio nonvoting member;
(5) One member shall be a representative of the business and
Industry Council;
(6) One member shall be a representative of the largest labor
organization in the state; and
(7) One member shall be a representative of the West Virginia Chapter of American Institute of Certified Planners.
(f) The board has the powers necessary to implement the
provisions of this section, including the following: may:
__(1) Select up to six additional municipalities to participate
in the pilot program;
__(1) (2) Reviewing, evaluating and making Review, evaluate and
make recommendations to the proposed written plans and amendments
to written plans submitted by eligible participating
municipalities; and/or metro governments;
(2) (3) Consulting Consult with state agencies affected by the
proposed written plans and amendments to written plans; and
__(3) Selecting municipalities and/or metro governments to
participate in the pilot program;
(4) Approving the plans of recommended pilot program
participants, Approve, by a majority vote of the voting members of
the board, the written plans and amendments to written plans of
participating municipalities, as submitted or as modified. and
(5) Authorizing amendments to approved plans.
(g)
(1) Commencing July 1, 2013, additional Class I, Class II,
Class III or Class IV municipalities are eligible to apply to the
board to participate in the Municipal Home Rule Pilot Program, and
the four municipalities currently participating in the Municipal
Home Rule Pilot Program may submit new written plans or amend their
current written plans.
__(2) To apply to participate, a Class I, Class II, Class III or
Class IV municipality shall submit a written plan to the board setting forth in detail the following:
__(A) The specific laws, acts, resolutions, 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, acts, resolutions,
policies, rules or regulations; and
__(C) The proposed solutions to the problems, including all
proposed changes to ordinances, acts, resolutions, rules and
regulations.
__(g) (h) On or before January 1, 2008 2014, an eligible
municipality and/or metro government wanting may
apply
to
participate in the pilot program shall submit by submitting a
written plan as described in subdivision (2), subsection (d)
subsection (g) of this section to the board.
(h) (i) Prior to submitting a written plan to the board, the
municipality shall:
(1) Conduct a public hearing on the proposed written plan;
(2) Provide notice at least thirty days' notice of prior to
the public hearing by a Class II legal advertisement;
(3) Make a copy of the proposed written plan available for
public inspection at least thirty days prior to the public hearing;
and
(4) After the public hearing, adopt a municipal an ordinance
authorizing the municipality to submit a proposed written plan to
the Municipal Home Rule Board board after the proposed municipal
ordinance has been read two times.
(i) (j) On or before June 1, 2008, the board shall select by
a majority vote of the board at least one, but not more than five
municipalities and/or metro governments 2014, the board may, by a
majority vote of the voting members of the board:
(1) Select up to six additional municipalities to participate
in the pilot program Municipal Home Rule Pilot Program; and
__(2) Approve written plans submitted by the new municipalities.
(j)
(k) The pilot municipalities and/or metro governments
selected to participate in the pilot program shall have the
following powers participating in the Municipal Home Rule Pilot
Program may:
(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: Provided, That the pilot municipalities may
not adopt any ordinance, rule, regulation or resolution or take any
action that would create a defined contribution employee pension or
retirement plan for its employees currently covered by a defined
benefit pensions plan no participating municipality may enact an
ordinance, act, resolution, rule or regulation that creates,
modifies or amends pensions, retirement plans, annexation, or state
or federal crimes and punishment; and
(2) Exercise any other powers necessary to implement the
provisions of its approved written plan.
(k) Before July 1, 2012, the Joint Committee on Government and Finance 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 January 1, 2013, the Joint Committee on
Government and Finance shall report to the Joint Committee on
Government Organization the findings of the performance review.
(m) (l) The pilot program Municipal Home Rule Pilot Program
terminates on July 1, 2013 2018.
__(n) (m) No ordinances, acts, resolutions, rules or regulations
may be enacted by a municipality or metro government after July 1,
2013 2018, pursuant to the provisions of this section, unless
otherwise authorized by the Legislature, and any ordinance, act,
resolution, rule or regulation enacted by a municipality under this
section during the period of the Municipal Home Rule Pilot Project
shall continue until repealed, but is void if amended: Provided,
That an ordinance, act, resolution, rule or regulation may be
amended to correct or update names, addresses, phone numbers and
other references, make technical corrections or updates to comport
with advances in technology, or make corrections or updates to comport with changes in federal or state law, so long as the
amendment does not supply a new basis for the imposition of civil
or criminal liability or grant or deny a specific benefit not
contained in the original ordinance, act, resolution, rule or
regulation as approved under the Municipal Home Rule Pilot Program:
Provided, however, That any ordinance, act, resolution, rule or
regulation that was enacted under the Municipal Home Rule Pilot
Program but not implemented as of the effective date of the
reenactment of this section in the Regular Session of the
Legislature of 2013 is null and void.
NOTE: The purpose of this bill is to continue the Municipal
Home Rule Pilot Program and the Municipal Home Rule Board until
July 1, 2018. The bill provides that two current board members
shall serve as ex officio nonvoting members. The bill updates the
board's powers. The bill authorizes up to six additional
municipalities to participate in the pilot program. The bill sets
forth requirements for municipalities to participate in the pilot
program. The bill sets forth powers of the municipalities
participating in the pilot program. The bill provides that metro
governments may not participate in the pilot program. The bill
clarifies the effects of ordinances and amendments passed by the
municipalities participating in the pilot program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.