HOUSE CONCURRENT RESOLUTION NO.33
(By Delegates Seacrist, Yeager, Everson, Campbell, Willis and
L. White)
[April 12, 1997]
Requesting the Joint Committee on Government and Finance to study
municipal fees.
Whereas, The Legislature authorizes municipalities to provide
essential or special municipal services, 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,
sewage and sewage disposal, and the collection and disposal of
garbage, refuse, waste, ashes, trash and any other similar
matter; and
Whereas, Municipalities often charge fees for the essential
or special municipal services provided to the residents of the
municipalities; and
Whereas, The Supreme Court of Appeals of West Virginia has
consistently upheld these fees based on the need of
municipalities to receive funding for the provision of essential
and special services and on the finding that the fees were
imposed on every resident; and
Whereas, Certain private and nonprofit entities are
requesting a waiver of these municipal fees; and
Whereas, The Supreme Court of Appeals of West Virginia, in a recent ruling, has requested that the Legislature address the
issue of municipal service fees as it relates to the equal
protection clause of the United States Constitution and the
Constitution of the sState of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, examine and study special charges for
municipal services commonly referred to as "municipal fees"; and
to make recommendations to the Legislature regarding the same,;
and, be it
Further Resolved, That the said Joint Committee on
Government and Finance report to the regular session of the
Legislature, 1998, on its findings, conclusions and
recommendations, with drafts of any legislation necessary to
effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.