ENROLLED
Senate Bill No. 747
(By Senators Bowman, Barnes, Foster, Jenkins, McCabe, Plymale, Stollings,
Sypolt, White and Yoder)
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[Passed March 10, 2007; to take affect July 1, 2007.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-1-5a; and to amend
and reenact §8-1-7 of said code, all relating to creating the
Municipal Home Rule Pilot Program; legislative findings and
intent; eligibility requirements; creating the Municipal Home
Rule Board; powers of the board and participating
municipalities and metro governments; requiring the
municipality to hold a public hearing and adopt a municipal
ordinance prior to submission of a written plan; requiring
performance review; reporting requirements; terminating pilot
program; certain grandfather provisions; and reaffirming home
rule powers for all municipalities.
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 §8-1-5a; and to amend
and reenact §8-1-7 of said code, all 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, 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, there
is hereby created a Municipal Home Rule Board consisting of the
following seven members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development
Office or a 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) One member shall be a representative of the business and
Industry Council;
(6) One member shall be a representative of the largest labor
organization in the state; and
(7) One member shall be a representative of 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, 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.
(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 first day of June, two thousand eight,
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) 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) Before the first day of July, two thousand twelve, 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) On or before the first day of January, two thousand
thirteen, the Joint Committee on Government and Finance shall
report to the Joint Committee on Government Organization the
findings of the performance review.
(m) The pilot program terminates on the first day of July, two
thousand thirteen.
(n) 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, pursuant to the provisions of
this section, unless otherwise authorized by the Legislature.
§8-1-7. Construction of powers and authority granted.
(a) The enumeration of powers and authority granted in this
chapter shall not operate to exclude the exercise of other powers
and authority fairly incidental thereto or reasonably implied and
within the purposes of this chapter or in accordance with the
provisions of the Municipal Home Rule Amendment to the constitution
of this state, the powers and authority granted by such
constitution, other provisions of this code and any existing
charter
. The provisions of this chapter shall be given full effect
without regard to the common-law rule of strict construction and
particularly when the powers and authority are exercised by charter
provisions framed and adopted or adopted by revision of a charter
as a whole or adopted by charter amendment under the provisions of
this chapter.
(b) Any charter provision framed and adopted or adopted by
revision of a charter as a whole or adopted by charter amendment
under the provisions of former chapter eight-a of this code or
under the provisions of this chapter which is beyond the power and
authority of a municipality and any ordinance provision which is
beyond the power and authority of a municipality shall be of no
force and effect.