H. B. 2325
(By Delegates Manchin and Caputo)
[Introduced February 12, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-1-5a of the Code of West Virginia,
1931, as amended, relating to powers of municipal self
government.
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 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 July 1, 2007, there is hereby created a pilot
program to be known as the Municipal Home Rule Pilot Program
authorizing
at most five selected Class I, Class II and/or Class
III municipalities and/or metro governments,
in every calendar
year, 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.
(e) Effective July 1, 2007, 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;
(5) One member
shall be is a representative of the Business
and Industry Council;
(6) One member
shall be is a representative of the largest
labor organization in the state; and
(7) One member
shall be is 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:
(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 recommended pilot program
participants, as submitted or as modified; and
(5) Authorizing amendments to approved plans.
(g) On or before January 1,
two thousand eight of every
calendar year, 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) Prior to submitting a written plan, the municipality
shall:
(1) Conduct a public hearing on the proposed written plan;
(2) Provide at least thirty days' notice of 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 ordinance
authorizing the municipality to submit a proposed written plan to
the Municipal Home Rule Board after the proposed municipal
ordinance has been read two times.
(i) On or before June 1,
two thousand eight of every calendar
year, the board shall select by a majority vote of the board at
least one, but not more than five municipalities and/or metro
governments to participate in the pilot program.
(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:
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; and
(2) Any other powers necessary to implement the provisions of
its approved 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) The pilot program terminates on July 1, 2013.
(n) No ordinances, acts, resolutions, rules or regulations may
be enacted by a municipality or metro government after July 1,
2013, pursuant to the provisions of this section, unless otherwise
authorized by the Legislature.
NOTE: The purpose of this bill is to extend the deadline for
submission of the written plan for participation in the pilot
program for increased powers for municipal self government.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.