HOUSE CONCURRENT RESOLUTION NO.33
(By Delegates Seacrist, Yeager, Everson, Campbell, Willis and L. White)
[April 12, 1997]

Requesting the Joint Committee on Government and Finance to study municipal fees.

Whereas, The Legislature authorizes municipalities to provide essential or special municipal services, including, but not limited to, police and fire protection, parking facilities on the streets or otherwise, parks and recreational facilities, street cleaning, street lighting, street maintenance and improvement, sewage and sewage disposal, and the collection and disposal of garbage, refuse, waste, ashes, trash and any other similar matter; and
Whereas, Municipalities often charge fees for the essential or special municipal services provided to the residents of the municipalities; and
Whereas, The Supreme Court of Appeals of West Virginia has consistently upheld these fees based on the need of municipalities to receive funding for the provision of essential and special services and on the finding that the fees were imposed on every resident; and
Whereas, Certain private and nonprofit entities are requesting a waiver of these municipal fees; and
Whereas, The Supreme Court of Appeals of West Virginia, in a recent ruling, has requested that the Legislature address the issue of municipal service fees as it relates to the equal protection clause of the United States Constitution and the Constitution of the sState of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study special charges for municipal services commonly referred to as "municipal fees"; and to make recommendations to the Legislature regarding the same,; and, be it
Further Resolved, That the said Joint Committee on Government and Finance report to the regular session of the Legislature, 1998, on its findings, conclusions and recommendations, with drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.