Senate Bill No. 747
(By Senators Bowman, Barnes, Foster, Jenkins, McCabe, Plymale,
Stollings, Sypolt, White and Yoder)
____________
[Originating in the Committee on Government Organization;
reported February 22, 2007.]
_____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-1-5a; and to amend
and reenact §8-1-7 of said code, all relating to creating the
Municipal Home Rule Pilot Program; legislative findings and
intent; eligibility requirements; creating the Municipal Home
Rule Board; powers of the board and participating
municipalities and metro governments; requiring performance
review; reporting requirements; terminating pilot program;
certain grandfather provisions; and reaffirming home rule
powers for all municipalities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §8-1-5a; and to amend
and reenact §8-1-7 of said code, all 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 the first day of July, two thousand seven, 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 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 the first day of July, two thousand seven, there
is hereby created a Municipal Home Rule Board consisting of the
following five members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The chair of Vision Shared, Inc., or a designee;
(3) The Executive Director of the West Virginia Development
Office or a designee;
(4) The chair of the Senate Committee on Government
Organization, or a designee; and
(5) The chair of the House of Delegates Committee on
Government Organization, or a designee.
(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; and
(4) Authorizing amendments to approved plans.
(g) On or before the first day of January, two thousand eight,
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) On or before the first day of June, two thousand eight,
the board shall select by a majority vote of the members present,
at least one, but not more than five municipalities and/or metro
governments to participate in the pilot program.
(i) 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; and
(2) Any other powers necessary to implement the provisions of
this section.
(j) Before the first day of July, two thousand twelve, the
Performance Evaluation and Research Division 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.
(k) On or before the first day of January, two thousand
thirteen, the Performance Evaluation and Research Division shall
report to the Joint Committee on Government Organization the
findings of the performance review.
(l) The pilot program terminates on the first day of July, two
thousand thirteen. Any ordinances, acts, resolutions, rules or
regulations enacted prior to the first day of July, two thousand
thirteen, pursuant to the provisions of this section, shall
continue until repealed.
(m) No ordinances, acts, resolutions, rules or regulations may
be enacted by a municipality or metro government after the first
day of July, two thousand thirteen, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature.
§8-1-7. Construction of powers and authority granted.
(a) The enumeration of powers and authority granted in this
chapter shall not operate to exclude the exercise of other powers
and authority fairly incidental thereto or reasonably implied and
within the purposes of this chapter or in accordance with the
provisions of the Municipal Home Rule Amendment to the constitution
of this state, the powers and authority granted by such
Constitution, other provisions of this code and any existing
charter.
and the The provisions of this chapter shall be given full
effect without regard to the common-law rule of strict construction
and particularly when the powers and authority are exercised by
charter provisions framed and adopted or adopted by revision of a
charter as a whole or adopted by charter amendment under the
provisions of this chapter.
(b) Any charter provision framed and adopted or adopted by
revision of a charter as a whole or adopted by charter amendment
under the provisions of former chapter eight-a of this code or under the provisions of this chapter which is beyond the power and
authority of a city municipality and any ordinance provision which
is beyond the power and authority of a municipality shall be of no
force and effect.