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.