HOUSE JOINT RESOLUTION NO. 19

(By Delegates Walters, Hall, Nesbitt, Ryan,


Seacrist, G. Martin and Pulliam)


(Introduced February 20, 1995; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section six-b, relating to requiring certain general laws imposing mandates on counties and municipalities and county boards of education to provide funding mechanisms; restrictions on decreasing revenues of local governments; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of all the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year one thousand nine hundred ninety-six, which proposed amendment is that article ten thereof be amended by adding thereto a new section, designated section six-b, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§6b.Laws requiring counties or municipalities to spend funds or
limiting their ability to raise revenue or receive
state tax revenue.
No county or municipality and county boards of education are bound by any general law requiring counties or municipalities and county boards of education to spend funds or to take an action requiring the expenditure of funds unless the Legislature has determined that such law fulfills an important state interest and unless: Funds have been appropriated that have been estimated at the time of enactment to be sufficient to fund the expenditure; the Legislature authorizes or has authorized counties or municipalities and county boards of education to enact a funding source not available for counties or municipalities and county boards of education on the first day of February, one thousand nine hundred ninety-six, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of a county or municipality and county boards of education; the law requiring the expenditure is approved by two thirds of the membership in each house of the Legislature; the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments; or the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically contemplates actions by counties or municipalities and county boards of education for compliance.
Except upon approval of each house of the Legislature by two thirds of the membership, the Legislature may not enact, amend orrepeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or counties and county boards of education have to raise revenues in the aggregate, as such authority exists on the first day of February, one thousand nine hundred ninety-six.
Except upon approval of each house of the Legislature by two thirds of the membership, the Legislature may not enact, amend or repeal any general law if the anticipated effect of doing so would be to reduce the percentage of a state tax shared with counties and municipalities and county boards of education as an aggregate as it exists on the first day of February, one thousand nine hundred ninety-six. The provisions of this paragraph do not apply to enhancements enacted after the first day of February, one thousand nine hundred ninety-six, to state tax sources or during a fiscal emergency declared in a written joint proclamation issued by the president of the Senate and the speaker of the House of Delegates, or by the governor, or where the Legislature provides additional state shared revenues which are anticipated to be sufficient to replace the anticipated aggregate loss of state share revenues resulting from the reduction of the percentage of the state tax shared with counties and municipalities and county boards of education, which source of replacement revenues is subject to the same requirements for repeal or modification as provided herein for a state shared tax source existing on the first day of February, one thousand nine hundred ninety-six.
Laws adopted to require funding of pension benefits existing on the effective date of this section, criminal laws, election laws, the general appropriations act, supplemental appropriations acts, laws reauthorizing, but not expanding, then existing statutory authority, laws having insignificant fiscal impact and laws creating, modifying or repealing noncriminal infractions are exempt from the requirements of this section.
The Legislature may enact laws to assist in the implementation and enforcement of this section.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Local Government Fiscal Responsibility Amendment" and the purpose of the proposed amendment is summarized as follows:
"Excusing counties and municipalities and county board of education from complying with general laws requiring them to spend funds unless: The law fulfills an important state interest; and it is enacted by two-thirds vote of the members of each house of the Legislature, or funding sources are provided, or certain other conditions are met; prohibiting general laws that have certain negative consequences for counties and municipalities unless enacted by two-thirds vote of the members of each house of the Legislature, and exempting certain categories of laws form these requirements."



NOTE: The purpose of this resolution is to require the Legislature, when enacting laws that impose requirements on counties and municipalities and county boards of education that require the expenditure of funds, to provide a way for the counties and municipalities and county boards of education to raise the funds.

This section is new; therefore, strike-throughs and underscoring have been omitted.