HOUSE CONCURRENT RESOLUTION NO. 13
(By Delegates Shook, Fleischauer, Marshall and Beach)
Requesting the Joint Committee on Government and Finance to make a
study of municipal self government in the State of West Virginia.
Whereas, Changes in the system and organization of local
government in West Virginia and in the powers granted to said local
governments may increase efficiency and maintain or improve
existing services; and
Whereas, Changes in the administration and operations of local
governments may allow the various regions of the state to better
address their different local and regional needs by permitting
municipalities to use a wider range of resources with greater
flexibility in their efforts to formulate local and regional
approaches for the encouragement of economic development and the
provision of services to residents; and
Whereas, Before any expansion of taxing authority of local
governments can fairly be considered, there must first be an
analysis of local government efficiency, tax fairness and
stability, and the balance between quality services and the level
of taxation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance be
requested to create an Inter-Governmental Study Commission.
That such commission shall consist of fifteen members; three
members to be appointed by the President of the Senate, not more
than two members so appointed to be members of the Senate, with no
more than one of such Senate members to be of the same party, and
one member to be a representative, private citizen; three members
to be appointed by the Speaker of the House of Delegates, with not
more than two members so appointed to be members of the House of
Delegates, with no more than one of such House members to be of the
same political party, and one member to be a representative,
private citizen; and three members to be appointed by the Governor.
The representative, private citizen members should include persons
with background, knowledge or experience in taxation, economics,
current conditions of business and industry, labor, commerce, or
other activities fundamental to the business environment; and such
other persons found eligible by the appointing authority because of
sound judgment and deep interest may be appointed as representative
citizens.
Such commission shall also consist of six members representing
local governments, three of whom shall represent the interest of
counties, and three of whom shall represent the interests of
municipalities, to wit: The Association of Counties and the West
Virginia Municipal League shall each submit a list of members to the Governor, the President of the Senate and Speaker of the House,
from which list each shall appoint one county representative and
one municipal representative; and, be it
Further Resolved, That the pilot cities be granted the
authority to adopt a specific home rule charter with sunset
provisions to allow for a trial period of home rule in that city to
begin an appropriate analysis. The city will submit a plan
indicating the necessity, implementation, and administration of the
pilot program to said commission. The commission is hereby
requested to review, examine and study the present structure of
county and municipal governments in West Virginia, evaluate the
pilot city's program and progress to make recommendations on how
the entire local government system, the Constitution of West
Virginia and the statutes of West Virginia related thereto may be
improved or amended to increase efficiency and maintain existing
services; and, be it
Further Resolved, That the said commission is hereby requested
to define the term "Self Government," to examine the Self
Government concept in depth, and propose specific organizational
and fiscal solutions; and, be it
Further Resolved, That the commission shall elect one of its
members as chairman, one as vice chairman and other officers as it
deems appropriate. Vacancies on the commission shall be promptly
filled by the original appointing authority.
The commission may employ such professional, clerical and
technical assistants as it deems necessary in order to perform its
duties, and may request information from any state, county, or
municipal officer or agencies in order to assist the performance of
its duties.
The commission shall meet in Charleston or elsewhere as it may
deem necessary or appropriate, and it shall convene at least
quarterly and at such other times as its duties may require. The
first meeting shall be called jointly by the President of the
Senate and the Speaker of the House of Delegates, one of whom shall
preside temporarily and until a chairman is elected.
The interim findings of the Inter-Governmental Study
Commission shall be reported to the Legislature at the interim
sessions of the Legislature, two thousand seven with respect to
progress of activities, programs and plans of the commission toward
the development of recommendations; and a report of the commission
shall be submitted to the Legislature at its regular session, two
thousand eight unless the existence of the Inter-Government Study
Commission is continued by resolution or other action of the Joint
Committee on Government and Finance; and, be it
Further Resolved, That the expenses necessary to conduct the
commission's study and to prepare appropriate reports,
recommendations and proposed legislation be paid from the
legislative appropriations to the Joint Committee on Government and Finance.