H. B. 2581
(By Delegates Shook and Beach)
[Introduced January 13, 2010; 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 the composition of the Municipal
Home Rule Board and the timetable and responsibilities of the
Municipal Home Rule 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 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,
two thousand seven 2009, 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,
and rules.
and
regulations
(e) Effective July 1,
two thousand seven 2009, there is hereby
created a Municipal Home Rule Board consisting of the following
seven five 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) (3) One member
shall be a representative of appointed by the Governor from a list of three names submitted by the Business
and Industry Council;
(6) (4) One member
shall be a representative of appointed by
the Governor from a list of three names submitted by the largest
labor organization in the state; and
(7) (5) One member
shall be a representative of appointed by
the Governor from a list of three names submitted by 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 2010, 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:
Provided, That any eligible municipality and/or metro
government that had, on or before January 1, 2009, previously submitted a written plan in compliance with the requirements of the
Municipal Home Rule Pilot Program, including those specified in
this section, as such requirements existed at the time such plan
was submitted, may, but is not required to, resubmit such written
plan or recomply with the requirements of subsection (h) of this
section, and shall not otherwise be prejudiced thereby.
(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 August 15, 2009, the board shall establish
and disseminate, by appropriate means, criteria by which the
applicants shall be judged, which criteria shall be in addition to
all eligibility requirements otherwise provided by law, and shall
include, but not be limited to, the following:
(1) The proposed plan that best strengthens the participant
municipality long-term;
(2) The proposed plan that best allows the participant municipality to efficiently and effectively fund, expend, and
otherwise manage its budget;
(3) The proposed plan that best allows the participant
municipality to efficiently, effectively and timely deliver
services required by federal and state laws or demanded by its
constituents; and
(4) The proposed plan that best typifies the Legislature's
goal in establishing broad-based municipal home rule by
implementing novel solutions that will improve both urban and state
development.
(i) (j) On or before June 1,
two thousand eight 2010, 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) (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:
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) (l) Before July 1,
two thousand twelve 2014, 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) (m) On or before January 1,
two thousand thirteen 2015,
the Joint Committee on Government and Finance shall report to the
Joint Committee on Government Organization the findings of the
performance review.
(m) (n) The pilot program terminates on July 1,
two thousand
thirteen 2015.
(n) (o) No ordinances, acts, resolutions, rules or regulations
may be enacted by a municipality or metro government after July 1,
two thousand thirteen 2015, pursuant to the provisions of this
section, unless otherwise authorized by the Legislature.
NOTE: The purpose of this bill is to change the composition of
the Municipal Home Rule Board and change the timetable and
responsibilities for the Municipal Home Rule Pilot Program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.