FLOOR BOOK MEMO                                          House Committee on the Judiciary

H. B. 2099                                                      

Prepared by: Kip Reese

(2/18/2015)                                                                 Phone: 304-340-3258

                                                                                    email: kip.reese@wvhouse.gov

SPONSORS: Delegates Howell, Householder, J. Nelson, Statler, Walters, Arvon, Border, Folk, Hamilton, A. Evans and McGeehan.

TITLE: Extending the time of meetings of local levying bodies when meetings are delayed.

DATE INTRODUCED: January 20, 2015.

CODE SECTIONS AFFECTED: W.Va. Code §11-8-9 (amend and reenact).

IDENTICAL/SIMILAR BILLS: SB 11 (identical).

CHAIRMAN’S ANALYSIS: This bill, as introduced, originally provided a procedure by the Secretary of State to promulgate rules to manage and extend the time frame for meetings of local levying bodies when meetings are delayed due to extraordinary and unavoidable events (weather, fire, etc.). Levying bodies that miss their business meetings may end up at the legislature seeking a local bill to authorize the late meeting.

The Committee on Political Subdivisions amended the bill to substitute the State Auditor for the Secretary of State, which was incorporated by the HJUD Committee. The State Auditor is the responsible office for handling levying bodies. After discussion with committee members and the State Auditor’s Office a solution was crafted in this bill to handle any circumstance causing a levying body to miss it’s scheduled yearly meeting. This approach was presented through floor amendment.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW

§11-8-9 (a) — mandates that local levying bodies hold a meeting between March 7-28 to transact business related to their function.

§11-8-9 (b) — if a levy is on the ballot during a primary election year the levyng body may extend the meeting time to June 1st.

B. THIS BILL

Proposed new subsection:

§11-8-9 (c)

            •          If local levying body cannot meet during the time established in subsection (a), due to circumstances beyond their control, that body may apply to the Secretary of State for permission to extend the meeting time (within 60 days);

            •          Secretary of State shall propose rules to implement;

            •          Rules to include procedure for extension application, including reason for extension request;

            •          Conduct meeting under open governmental proceedings law; and,

            •          State Auditor sets the time for the meeting

C. FIRST REFERENCE COMMITTEE AMENDMENT

            Political Subdivisions passed a strike and insert amendment replacing the "Secretary of State" with "State Auditor”, in his or her capacity as the chief inspector and supervisor of local government offices" or "State Auditor"; and it expressly authorizes the State Auditor to grant extensions.

D. COMMITTEE SUBSTITUTE SUGGESTED

Incorporating suggested amendments by Political Subdivisions; providing technical and stylistic changes; and incorporating title amendment

II. SECTION DIRECTORY: CHAPTER 11 - taxation; ARTICLE 8 -Levies; SECTION 9 - Meetings of local levying bodies.

III. FISCAL ANALYSIS: Fiscal Note (Secretary of State). No fiscal impact identified.

IV. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified.

B. GOVERNMENT AGENCIES AFFECTED: State Auditor; local levying bodies.

            C. RULE MAKING AUTHORITY: Yes.

            D. COMMITTEE REFERENCE: First reference to Political Subdivisions, then Judiciary.

E. TITLE ANALYSIS: Title amendment proposed.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: 90 days from passage.