H. B. 2343
(By Delegates Walters, Evans, Henderson, Kime, Stalnaker,
Hall and Nesbitt)
[Introduced February 2, 1995; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one, chapter four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section two-a,
relating to requiring the Legislature to make provisions for
funding of future legislation and past laws that have been
enacted since one thousand nine hundred eighty-five; and
that require or will require municipal, county, state
agencies or other political subdivisions to expend funds to
be in compliance with the law.
Be it enacted by the Legislature of West Virginia:
That article one, chapter four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section two-a, to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL
BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING
COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-2a. Abolition of unfunded state mandates that require the
expenditure of funds
The Legislature shall pass no law requiring a municipal or
county government, or agency or office of state government or
other political subdivision, to expend funds to be in compliance
with such law, until and unless adequate provision of funding is
included in the provisions of such law for the specific purpose
of paying for the cost of compliance.
The Legislature shall provide adequate funding, in the event
adequate funding does not exist, for any law, enacted and in
effect on the effective date of this section, that requires a
municipal or county government, or agency or office of state
government or other political subdivision, to expend funds to be
in compliance therewith: Provided, That if adequate funding is
not provided, in accordance with this section, within twelve
months from the effective date hereof, such law shall cease to
exist and the authority thereunder shall be automatically
terminated by operation of law: Provided, however, That this section does not apply to any law in existence that became
effective on or before the thirty-first day of December, one
thousand nine hundred eighty-five.
NOTE: The purpose of this bill is to abolish state unfunded
mandates prospectively and since 1985.
Section two-a is new; therefore, strike-throughs and
underscoring have been omitted.