H. B. 4360
(By Delegates Moye, Staggers, Manchin,
Campbelll, Miley, Doyle)
[Introduced
February 5, 2010
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-6-7, relating to
a commission to study annexation.
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 §8-6-7, to read as
follows:
ARTICLE 6. ANNEXATION.
§8-6-7. Legislative findings; establishment of study committee;
membership; recommendations on annexation.
(a) The Legislature finds that the current West Virginia Code
permits a municipality to annex adjacent territory by three
different methods: Election, petition and minor boundary
adjustment. County commissions are often impacted by municipal
annexations in their counties. Residents in territory annexed or
proposed to be annexed under these methods sometimes feel they are
not accorded an adequate voice in the annexation process.
(b) The President of the Senate and the Speaker of the House
shall select members of the House and Senate to serve on the
committee and jointly select elected officials representing the
interests of counties and interest of municipalities;
(c) The chairs of the Senate and House of Delegates Committees
on Government Organization shall cochair the committee;
(d) The committee shall review the municipal annexation
process in this state and other states and make recommendations
that would be beneficial to help ensure an annexation process that
is both flexible enough to permit annexation that is not overly
encumbered with legal or administrative hurdles, yet is responsive
enough to provide meaningful input from affected parties such as
county governments.
(e) The committee shall commence its work on or before May 15,
2010, and shall deliver its recommendations, together with draft
legislation to implement the recommendations, to the Joint
Committee of Government Organization and the Joint Committee on
Government and Finance by December 1, 2010.
NOTE: The purpose of this bill is to establish a committee to
study annexation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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