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
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:
ARTICLE 2. PLANNING COMMISSIONS.
§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.
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.
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
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
(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