H. B. 2325
(By Delegate Lane)
[Introduced January 9, 2008; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-13-13 of the Code of West Virginia,
1931, as amended, relating to prohibiting municipalities from
imposing user fees on persons who reside outside the
municipality.
Be it enacted by the Legislature of West Virginia:
That §8-13-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
PART III. SPECIAL CHARGES FOR MUNICIPAL SERVICES.
§8-13-13. Special charges for municipal services.
Notwithstanding any charter provisions to the contrary, every
municipality which furnishes any essential or special municipal
service, 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, sewerage and sewage disposal, and the
collection and disposal of garbage, refuse, waste, ashes, trash and
any other similar matter, shall have plenary power and authority to
provide by ordinance for the installation, continuance, maintenance
or improvement of such service, to make reasonable regulations with
respect thereto, and to impose by ordinance upon the users of such
service reasonable rates, fees and charges to be collected in the
manner specified in the ordinance:
Provided, That any sewerage and
sewage disposal service and any service incident to the collection
and disposal of garbage, refuse, waste, ashes, trash and any other
similar matter shall be subject to the provisions of chapter
twenty-four of this code. The municipality shall not, however,
have a lien on any property as security for payments due under such
ordinance. Notwithstanding the provisions of section four, article
eleven of this chapter, any ordinance enacted or substantially
amended under the provisions of this section shall be published as
a Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the publication
area for such publication shall be such municipality. In the event
thirty percent of the qualified voters of the municipality by
petition duly signed by them in their own handwriting and filed
with the recorder of the municipality within fifteen days after the
expiration of such publication protest against such ordinance as
enacted or amended, the ordinance shall not become effective until it shall be ratified by a majority of the legal votes cast thereon
by the qualified voters of such municipality at a regular municipal
election or special municipal election, as the governing body shall
direct. Voting thereon shall not take place until after notice of
such submission shall have been given by publication as above
provided for the publication of the ordinance after it is adopted
or substantially amended. The powers and authority hereby granted
to municipalities and to the governing bodies thereof are in
addition and supplemental to the powers and authority named in any
charters thereof:
Provided, however, That no user fee or charge
authorized by this section may be imposed upon individuals who
reside outside the geographical limits of the municipality.
Notwithstanding any other provisions of this section, in the event
rates, fees and charges herein provided for shall be imposed by the
governing body of any municipality for the purpose of replacing and
in amounts approximately sufficient to replace in its general fund
such amounts as shall be appropriated to be paid out of ad valorem
taxes upon property within the municipality pursuant to an election
duly called and held under the Constitution and laws of the state
to authorize the issuance and sale of general obligation bonds of
the municipality for public improvement purposes, in the call for
which election it shall be stated that the governing body of the
municipality proposes to impose rates, fees and charges in
specified amounts under this section for the use of one or more of the services above specified, which shall be related to the public
improvement proposed to be made with the proceeds of the bonds, no
notice, publication of notice or referendum or election or other
condition or prerequisite to the imposition of such rates, fees and
charges shall be required or necessary other than the legal
requirements for issuance and sale of such general obligation
bonds.
NOTE: The purpose of this bill is to prohibit municipalities
from imposing user fees on persons who reside outside the
municipality.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.