H. B. 4526
(By Delegates DeLong and Lane)
[Introduced February 13, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-13-13 of the Code of West Virginia,
1931, as amended, requiring municipalities that impose user
fees to impose the fee on all persons who reside within the
municipality and allowing for exemptions; and prohibiting
municipalities from imposing user fees on certain 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
residents of the municipality or upon those persons who reside
outside the municipality but who subscribe for such services 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.
The municipality must also notify by mail all those
subscribers who reside outside the municipality. In the event
thirty percent of the qualified voters of the municipality
or
thirty percent of the subscribers 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 unless they are
subscribers to the services listed in this article.
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.
Any user fee or charge authorized by this section must be
imposed upon all persons who reside within the geographical limits
of the municipality. The ordinance imposing a user fee may provide
an exemption for individuals based upon age or financial inability
to pay the fee. Provided, That persons who reside and work within
the geographical limits of the municipality shall not be charged
the fee twice.
NOTE: The purpose of this bill is to require municipalities
that impose user fees to impose the fee on all users who reside
within the municipality and allowing for exemptions and prohibiting
municipalities from imposing user fees on certain 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.