Introduced Version House Bill 3288 History

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H. B. 3288

(By Delegates Overington and Blair)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §8A-2-4 of the Code of West Virginia,1931, as amended, relating to providing that members of a county planning commission are elected on a nonpartisan basis.

Be it enacted by the Legislature of West Virginia:
That §8A-2-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§8A-2-4. County planning commission.
(a) A county planning commission shall have not less than five nor more than fifteen members, the exact number to be specified in the ordinance creating the planning commission.
(b) The members of a county planning commission must be:
(1) Residents of the county; and
(2) Qualified by knowledge and experience in matters pertaining to the development of the county.
(c) At least three fifths of all of The members must have been residents of the county for at least three years prior to appointment and confirmation by the county commission election.
Beginning with the general elections to be conducted in the year two thousand six, and every four years thereafter, except for the member appointed by the county commission, members of a county planning commission shall be elected on a nonpartisan ballot. Each member of the county planning commission shall be elected at large. The candidates receiving the highest number of the votes cast within the county shall be elected. The elected members of a county planning commission must shall fairly represent different areas of interest, knowledge and expertise, including, but not limited to, business, industry, labor, farming, government and other relevant disciplines and local community and neighborhood interests. One member must be a member of the county commission or a the designee of the county commission. The term of membership for this member is the same as the term of office of the members of the county commission.
(e) The remaining members of the county planning commission first selected elected shall serve respectively for terms of one year, two years and three four years, divided equally or as nearly equally as possible between these terms. At the first election under the provisions of this section, one half of the elected members receiving the highest number of votes shall serve a term of four years and the remaining one half of the elected members shall serve a term of two years. Thereafter, the terms of members shall be for four years with one half the members elected every two years. Thereafter, all elected members shall serve three-year terms. Vacancies shall be filled by the county commission for the unexpired term and made in the same manner as original selections were made.
(f) The members of a county planning commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(g) Appointments for county planning commission membership shall be made and confirmed by the county commission.
(h) (g) An individual may serve as a member of a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission or a joint planning commission, at the same time.
(i) (h) The county commission may establish procedures for the removal of members of the planning commission for inactivity, neglect of duty or malfeasance. The procedures must contain provisions requiring that the person to be removed be provided with a written statement of the reasons for removal and an opportunity to be heard on the matter.

NOTE: The purpose of this bill is to provide for the nonpartisan election of members of a county planning commission beginning at the 2006 general election.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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