Senate Bill No. 333
(By Senators Oliverio, Hunter and Prezioso)
____________
[Introduced January 24, 2008; referred to the Committee on
Government Organization.]
____________
A BILL to amend and reenact §8-1-5a of the Code of West Virginia,
1931, as amended, relating to the composition of the Municipal
Home Rule Board and the timetable and responsibilities of the
Municipal Home Rule Pilot Program.
Be it enacted by the Legislature of West Virginia:
That §8-1-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL
PROVISIONS; CONSTRUCTION.
§8-1-5a. Pilot program to increase powers of municipal 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 municipalities
in that stronger municipalities will make for a stronger West
Virginia;
(2) Municipalities face numerous challenges managing their budgets and delivering services required by federal or state law or
demanded by their constituents;
(3) Municipalities 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 municipalities and metro governments in
West Virginia to exercise broad-based home rule will allow the
Legislature the opportunity to evaluate the viability of allowing
municipalities 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 municipalities within which
new ideas can be explored to see if they can or should be
implemented on a statewide basis.
(c) Effective the first day of July, two thousand
seven eight,
there is hereby created a pilot program to be known as the
Municipal Home Rule Pilot Program authorizing five selected Class
I, Class II and/or Class III municipalities and/or metro
governments the authority 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 Municipal Home Rule
Pilot Program the applicant shall:
(1) Be a Class I, Class II and/or Class III municipality and/or a metro government
: Provided, That a municipality
considering consolidation or establishing a metro government shall
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 municipality 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 the first day of July, two thousand
seven eight,
there is hereby created a Municipal Home Rule Board consisting of
the following
seven five members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development
Office or
a his or her designee;
(3) The chair of the Senate Committee on Government
Organization or a designee;
(4) The chair of the House of Delegates Committee on
Government Organization or a designee;
(5) (3) One member
shall be a representative of appointed by the Governor from a list of three names submitted by the
West
Virginia Business and Industry Council;
(6) (4) One member
shall be a representative of appointed by
the Governor from a list of three names submitted by the largest
labor organization in the state; and
(7) (5) One member
shall be a representative of appointed by
the Governor from a list of three names submitted by 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 municipalities and/or metro
governments;
(2) Consulting with state agencies affected by the proposed
plans;
(3) Selecting municipalities 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 the first day of January, two thousand
eight
nine, an eligible municipality 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:
Provided, That any eligible municipality and/or metro
government that had, on or before the first day of January, two thousand eight, previously submitted a written plan in compliance
with the requirements of the Municipal Home Rule Pilot Program,
including those specified in this section, as such requirements
existed at the time such plan was submitted, may, but is not
required to, resubmit such written plan or recomply with the
requirements of subsection (h) of this section, and in so doing
will not be otherwise prejudiced thereby.
(h) Prior to submitting a written plan, the municipality
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 municipal ordinance
authorizing the municipality to submit a proposed written plan to
the Municipal Home Rule Board after the proposed municipal
ordinance has been read two times.
(i) On or before the fifteenth day of August, two thousand
eight, the board will establish and disseminate, by appropriate
means, criteria by which the applicants will be judged, such
criteria will be in addition to all other eligibility requirements
established by law, and will include, but not be limited to, the
following:
(1) The proposed plan that best strengthens the participant municipality in the long-term;
(2) The proposed plan that best allows the participant
municipality to efficiently and effectively fund, expend, and
otherwise manage its budget;
(3) The proposed plan that best allows the participant
municipality to efficiently, effectively and timely deliver
services required by federal and state laws or demanded by its
constituents; and
(4) The proposed plan that best typifies the Legislature's
goal of establishing broad-based municipal home rule by
implementing specific and unique solutions that will improve both
urban and state development.
(
i)
(j) On or before the first day of June, two thousand
eight
nine, the board shall select by a majority vote of the board at
least one, but not more than five municipalities and/or metro
governments to participate in the pilot program.
(j) (k) The pilot municipalities 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 municipalities 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) (l) Before the first day of July, two thousand
twelve
thirteen, the Joint Committee on Government and Finance shall
conduct a performance review on the pilot program and the
participating municipalities and/or metro governments. The review
shall include the following:
(1) An evaluation of the effectiveness of expanded home rule
on the participating municipalities 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) (m) On or before the first day of January, two thousand
thirteen fourteen, the Joint Committee on Government and Finance
shall report to the Joint Committee on Government Organization the
findings of the performance review.
(m) (n) The pilot program terminates on the first day of July,
two thousand
thirteen fourteen.
(n) (o) No ordinances, acts, resolutions, rules or regulations
may be enacted by a municipality or metro government after the
first day of July, two thousand
thirteen fourteen, pursuant to the
provisions of this section, unless otherwise authorized by the Legislature.
NOTE: The purpose of this bill is to change the composition of
the Municipal Home Rule Board and change the timetable and
responsibilities for the Municipal Home Rule Pilot Program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.