ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 435
(By Senators Snyder, Miller, Kessler (Mr. President), Jenkins,
Yost, Stollings, Plymale, McCabe, Fitzsimmons, Palumbo and Beach)
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[Originating in the Committee on Government Organization;
reported March 6, 2013.]
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A BILL to amend and reenact §8-1-5a of the Code of West Virginia,
1931, as amended, relating to continuing the Municipal Home
Rule Pilot Program; legislative findings; authorizing Class I,
II, III and IV municipalities to participate in the program;
clarifying the voting privileges of members of the Municipal
Home Rule Board; clarifying the powers and duties of the
board; written plan requirements for municipalities; ordinance
requirements for municipalities; powers and duties of the
participating municipalities; prohibiting certain acts by
participating municipalities; amending the written plan;
reporting requirements; termination date of the pilot program;
and the effect of ordinances passed by the municipalities
participating in the 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. Municipal Home Rule Pilot Program.
(a) Legislative findings. -- The Legislature finds and
declares that:
(1) The initial Municipal Home Rule Pilot Program brought
positive results, including novel municipal ideas that became
municipal ordinances which later resulted in new statewide
statutes;
(2) The initial Municipal Home Rule Pilot Program also brought
some negative results, including novel municipal ideas that
resulted in court challenges against some of the participating
municipalities;
(3) The Municipal Home Rule Board was an essential part of the
initial Municipal Home Rule Pilot Program but it lacked some needed
powers and duties;
(4) Municipalities still face challenges delivering services
required by federal and state law, or demanded by their
constituents;
(5) Municipalities are sometimes restrained by state statutes,
policies and rules that challenge their ability to carry out their
duties and responsibilities in a cost-effective, efficient and
timely manner;
(6) Continuing the Municipal Home Rule Pilot Program is in the
public interest; and
(7) Increasing the powers and duties of the Municipal Home
Rule Board will enhance the Municipal Home Rule Pilot Program.
(b) Continuance of pilot program. -- The Municipal Home Rule
Pilot Program is continued until July 1, 2019. The ordinances
enacted by the four participating municipalities pursuant to the
initial Municipal Home Rule Pilot Program are hereby authorized and
may remain in effect until the ordinances are repealed, but are
null and void if amended and such amendment is not approved by the
Municipal Home Rule Board: Provided, That any ordinance enacting
a municipal occupation tax is hereby null and void.
(c) Authorizing participation. -- Commencing July 1, 2013,
fourteen Class I, Class II, Class III and/or Class IV
municipalities, that are current in payment of all state fees, may
participate in the Municipal Home Rule Pilot Program pursuant to
the provisions of this section: Provided, That the four
municipalities
participating in the pilot program on July 1, 2012,
are hereby authorized to continue in the pilot program
and may
amend current written plans and/or submit new written plans in
accordance with the provisions of this section: Provided, however,
That if any of the
four municipalities
participating in the pilot
program on July 1, 2012, do not want to participate
in the pilot
program, then the
municipalit
y
must submit a written letter to the
board
indicating the
municipalit
y
's desire not to participate.
(d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued. The board members serving on the board
on July 1, 2012, may continue to serve, except that the Chair of
the Senate Committee on Government Organization and the Chair of
the House Committee on Government Organization shall be ex officio
nonvoting members. Effective July 1, 2013, the Municipal Home Rule
Board shall consist of the following five voting 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) One member representing the Business and Industry Council,
appointed by the Governor with the advice and consent of the
Senate;
(4) One member representing the largest labor organization in
the state, appointed by the Governor with the advice and consent of
the Senate; and
(5) One member representing the West Virginia Chapter of
American Institute of Certified Planners, appointed by the Governor
with the advice and consent of the Senate.
(e) Board's powers and duties. -- The Municipal Home Rule
Board has the following powers and duties:
(1) Review, evaluate, make recommendations and approve or
reject, by a majority vote of the board, each aspect of the written
plan submitted by a municipality;
(2) By a majority vote of the board, select, based on the
municipality's written plan, up to ten new Class I, Class II, Class
III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;
(3) Review, evaluate, make recommendations and approve or
reject, by a majority vote of the board, the amendments to the
written plans submitted by municipalities;
(4) Approve or reject, by a majority vote of the board, each
ordinance submitted by a participating municipality pursuant to its
written plan or its amendments to the written plan;
(5) Consult with any agency affected by the written plans or
the amendments to the written plans; and
(6) Perform any other powers or duties necessary to effectuate
the provisions of this section.
(f) Written plan. -- On or before June 1, 2014, a Class I,
Class II, Class III or Class IV municipality desiring to
participate or continue to participate in the Municipal Home Rule
Pilot Program shall submit a written plan to the board stating in
detail the following:
(1) The specific laws, acts, resolutions, policies, rules or
regulations which prevent the municipality from carrying out its
duties in the most cost-efficient, effective and timely manner;
(2) The problems created by the laws, acts, resolutions,
policies, rules or regulations;
(3) The proposed solutions to the problems, including all
proposed changes to ordinances, acts, resolutions, rules and
regulations: Provided, That the specific municipal ordinance
instituting the solution does not have to be included in the
written plan; and
(4) A written opinion, by an attorney licensed to practice in
West Virginia, stating that the proposed written plan is
constitutional and does not violate the provisions of this section.
(g) Public hearing on written plan. -- Prior to submitting its
written plan to the board, the municipality shall:
(1) Hold a public hearing on the written plan;
(2) Provide notice at least thirty days prior to the public
hearing by a Class II legal advertisement;
(3) Make a copy of the written plan available for public
inspection at least thirty days prior to the public hearing; and
(4) After the public hearing, adopt an ordinance authorizing
the municipality to submit a written plan to the Municipal Home
Rule Board after the proposed ordinance has been read two times.
(h) Selection of municipalities. -- On or after June 1, 2014,
by a majority vote, the Municipal Home Rule Board may select from
the municipalities that submitted written plans and were approved
by the board by majority vote up to ten new Class I, Class II,
Class III and/or Class IV municipalities to participate in the
Municipal Home Rule Pilot Program.
(i) Ordinance, act, resolution, rule or regulation. -- After
being selected to participate in the Municipal Home Rule Pilot
Program and prior to enacting an ordinance, act, resolution, rule
or regulation based on the written plan, the municipality shall:
(1) Hold a public hearing on the proposed ordinance, act,
resolution, rule or regulation;
(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;
(3) Make a copy of the proposed ordinance, act, resolution,
rule or regulation available for public inspection at least thirty
days prior to the public hearing;
(4) After the public hearing, submit the comments, either in
audio or written form, to the Municipal Home Rule Board;
(5) Obtain approval, from the Municipal Home Rule Board by a
majority vote, for the proposed ordinance, act, resolution, rule or
regulation; and
(6) After obtaining approval from the Municipal Home Rule
Board, read the proposed ordinance, act, resolution, rule or
regulation at least two times.
(j) Powers and duties of municipalities. -- The municipalities
participating in the Municipal Home Rule Pilot Program have the
authority to pass an ordinance, act, resolution, rule or
regulation, under the provisions of this section, that is not
contrary to:
(1) The provisions of this section; and
(2) The municipality's written plan.
(k) Prohibited acts. -- The municipalities participating in
the Municipal Home Rule Pilot Program do not have the authority to
pass an ordinance, act, resolution, rule or regulation, under the
provisions of this section, pertaining to:
(1) The Constitutions of the United States or West Virginia;
(2) Federal law or crimes and punishment;
(3) Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and punishment;
(4) Pensions or retirement plans;
(5) Annexation;
(6) Taxation:
Provided, That a participating municipality may
enact a municipal sales tax up to one percent
if it reduces or
eliminates its municipal business and occupation tax;
(7) Tax increment financing;
(8) Environmental laws;
(9) Extraction of natural resources; and
(10) Persons or property outside the boundaries of the
municipality:
Provided, That this prohibition under the Municipal
Home Rule Pilot Program does not affect a municipality's powers
outside its boundary lines under this chapter, this code or court
decisions.
(l) Amendments to written plans. -- A municipality selected to
participate in the Municipal Home Rule Pilot Program may amend its
written plan at any time.
(m) Reporting requirements. -- Commencing December 1, 2015,
and each year thereafter, each participating municipality shall
give a progress report to the Municipal Home Rule Board, and
commencing January 1, 2016, and each year thereafter, the Municipal
Home Rule Board shall give a summary report of all the
participating municipalities to the Joint Committee on Government
and Finance.
(n) Termination of the pilot program. -- The Municipal Home
Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating
municipality after July 1, 2019, pursuant to the provisions of this
section. An ordinance, act, resolution, rule or regulation enacted
by a participating municipality under the provisions of this
section during the period of the Municipal Home Rule Pilot Program
shall continue in full force and effect until repealed, but is null
and void if it is amended and such amendment is not approved by the
Municipal Home Rule Board.