H. B. 2957
(By Delegates Azinger and Romine)
[Introduced March 18, 2013; referred to the
Committee on Political Subdivisions then Government
Organizations.]
A BILL to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §7-1-1c relating
to county commissions generally; authorizing a pilot program
to increase powers of county self government; the County Home
Rule Pilot Program; legislative findings; authorizing certain
counties to participate in the program; creating a County
Home Rule Board; stating the powers and duties of the board
and membership; written plan requirements for counties;
ordinance requirements for counties; powers and duties of the
participating counties; prohibiting certain acts by
participating counties; amending the written plan;
termination date of the pilot program; reporting requirements;
and the effect of ordinances passed by the counties
participating in the pilot program.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-1-1c, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-1c. Pilot program to increase powers of county self
government.
_____(a) The Legislature finds and declares that:
_____(1) The future economic progress for the State of West
Virginia is directly related to the success of its counties in that
stronger counties will make for a stronger West Virginia;
_____(2) Counties face numerous challenges managing their budgets
and delivering services required by federal or state law or
demanded by their constituents;
_____(3) Counties are sometimes restricted by state statutes,
policies, rules and responsibilities that prevent them from
carrying out their duties and responsibilities in a cost-effective,
efficient and timely manner; and
_____(4) Authorizing pilot counties and metro governments in West
Virginia to exercise broad-based home rule will allow the
Legislature the opportunity to evaluate the viability of allowing
counties to have broad-based state home rule to improve urban and
state development.
_____(b) It is the intent of the Legislature in enacting this
section to establish a framework for counties within which new ideas can be explored to see if they can or should be implemented
on a statewide basis.
_____(c) Effective July 1, 2013, there is hereby created a pilot
program to be known as the County Home Rule Pilot Program
authorizing five selected counties to enact any ordinances, acts,
resolutions, rules and regulations not contrary to the
Constitutions of the United States or West Virginia, federal law or
chapters sixty-a, sixty-one and sixty-two of this code.
_____(d) To be eligible to participate in the County Home Rule
Pilot Program the applicant shall:
_____(1) Be a county government: Provided, That a county
considering consolidation or establishing a metro government may
have no more than two years from the date it is selected for the
pilot program to complete its consolidation or metro government
process or its participation in the pilot program will terminate at
the end of the two-year period; and
_____(2) Have a written plan stating in detail the following:
_____(A) The specific laws, policies, rules or regulations which
prevent the county from carrying out its duties in the most cost-
efficient, effective and timely manner;
_____(B) The problems created by the laws, policies, rules or
regulations; and
_____(C) The proposed solutions to the problems, including all
proposed changes to ordinances, acts, resolutions, rules and regulations.
_____(e) Effective July 1, 2013, there is hereby created a County
Home Rule Board consisting of the following seven members:
_____(1) The Governor, or a designee, who shall serve as chair;
_____(2) The Executive Director of the West Virginia Development
Office or a designee;
_____(3) The Chair of the Senate Committee on Government
Organization or a designee as a nonvoting member;
_____(4) The Chair of the House of Delegates Committee on
Government Organization or a designee as a nonvoting member;
_____(5) One member shall be a representative of the Business and
Industry Council;
_____(6) One member shall be a representative of the largest labor
organization in the state; and
_____(7) One member shall be a representative of the West Virginia
Chapter of American Institute of Certified Planners.
_____(f) The board has the powers necessary to implement the
provisions of this section, including the following:
_____(1) Reviewing, evaluating and making recommendations to the
proposed plans submitted by eligible counties and/or metro
governments;
_____(2) Consulting with state agencies affected by the proposed
plans;
_____(3) Selecting counties and/or metro governments to participate in the pilot program;
_____(4) Approving the plans of recommended pilot program
participants, as submitted or as modified; and
_____(5) Authorizing amendments to approved plans.
_____(g) On or before January 1, 2014, an eligible county and/or
metro government wanting to participate in the pilot program shall
submit a written plan as described in subdivision (2), subsection
(d) of this section to the board.
_____(h) Prior to submitting a written plan, the county shall:
_____(1) Conduct a public hearing on the proposed written plan;
_____(2) Provide at least thirty days' notice of the public hearing
by a Class II legal advertisement;
_____(3) Make a copy of the proposed written plan available for
public inspection at least thirty days prior to the public hearing;
and
_____(4) After the public hearing, adopt a county ordinance
authorizing the county to submit a proposed written plan to the
County Home Rule Board after the proposed county ordinance has been
read two times.
_____(i) On or before June 1, 2014, the board shall select by a
majority vote of the board at least one, but not more than five
counties and/or metro governments to participate in the pilot
program.
_____(j) The pilot counties and/or metro governments selected to participate in the pilot program shall have the following powers:
_____(1) The authority to pass any ordinances, acts, resolutions,
rules and regulations not contrary to the Constitutions of the
United States or West Virginia, federal law or chapters sixty-a,
sixty-one and sixty-two of this code as specified in their written
and approved plans: Provided, That the pilot counties may not
adopt any ordinance, rule, regulation or resolution or take any
action that would create a defined contribution employee pension or
retirement plan for its employees currently covered by a defined
benefit pensions plan; and
_____(2) Any other powers necessary to implement the provisions of
its approved plan.
_____(k) Before July 1, 2017, the Joint Committee on Government and
Finance shall conduct a performance review on the pilot program and
the participating counties and/or metro governments. The review
shall include the following:
_____(1) An evaluation of the effectiveness of expanded home rule
on the participating counties and/or metro governments;
_____(2) A recommendation as to whether the expanded home rule
should be continued, reduced, expanded or terminated;
_____(3) A recommendation as to whether any legislation is
necessary; and
_____(4) Any other issues considered relevant.
_____(l) On or before January 1, 2018, the Joint Committee on Government and Finance shall report to the Joint Committee on
Government Organization the findings of the performance review.
_____(m) The pilot program terminates on July 1, 2018.
_____(n) No ordinances, acts, resolutions, rules or regulations may
be enacted by a municipality or metro government after July 1,
2018, pursuant to the provisions of this section, unless otherwise
authorized by the Legislature.
NOTE: The purpose of this bill is to authorize a pilot
program to increase powers of county self government or a County
Home Rule Pilot Program.
This section is new; therefore, it has been completely
underscored.