West Virginia House Bill 2728 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Introduced on January 29 2019 - 25% progression, died in committee
Action: 2019-01-29 - To House Government Organization
Pending: House Government Organization Committee
Text: Latest bill text (Introduced) [HTML]

The purpose of this bill is to establish the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program. The bill provides for continuation of plans and amendments approved during Municipal Home Rule Pilot Program. The bill provide that any ordinance, act, resolution, rule, or regulation enacted pursuant to the Municipal Home Rule Pilot Program shall continue until repealed. The bill expands eligibility to participate in home rule to additional municipalities. The bill establishes annual assessment for participants in Municipal Home Rule Program. The bill established penalties for failing to timely pay annual assessment. The bill creates special revenue account for Municipal Home Rule Board. The bill authorizes certain expenditures from the special revenue fund. The bill provides suspension of annual assessment when certain conditions are met. The bill clarifies the authority of the Municipal Home Rule Board. The bill requires Municipal Home Rule Board to reject any application or amendment that does not reasonably demonstrate municipalities’ ability to manage related costs or liabilities. The bill requires publication of administrative rules of Municipal Home Rule Board on its website and made available to the public in print upon request. The bill clarifies procedures relating to submitting an amendment to approved plan. The bill requires certain notice prior proposing or amending a plan. The bill requires public hearing and notice of hearing prior to municipality proposing a plan or amendment. The bill amends certain prohibitions on the powers and duties of municipalities under home rule. The bill prohibits municipalities participating in the Municipal Home Rule Program from passing an ordinance, act, resolution, rule, or regulation contrary to laws governing professional licensing or certification of employees. The bill prohibits municipalities participating in the Municipal Home Rule Program from passing an ordinance, act, resolution, rule, or regulation contract to laws, rules, or regulations governing enforcement of building codes or fire codes. The bill prohibits municipalities participating in the Municipal Home Rule Program from passing an ordinance, act, resolution rule, or regulation contrary to the West Virginia Workplace Freedom Act and Labor-Management Relations Act. The bill prohibits municipalities participating in Municipal Home Rule Program from passing an ordinance, act, resolution, rule, or regulation contrary to federal laws regulations, or standards relating to transportation that would affect state’s required compliance or jeopardize federal funding. The bill prohibits municipalities from passing an ordinance, act, resolution, rule, or regulation contrary to law or rules governing procurement of architectural and engineering services. The bill prohibits municipalities from passing an ordinance, act, resolution, rule, or regulation contrary to Chapter 17C of the Code of West Virginia, 1931, as amended. The bill prohibits municipalities from enacting any ordinance, act, resolution, rule, or regulations that imposes duties on another governmental entity. The bill provide certain exceptions to that prohibition. The bill prohibits municipalities from passing an ordinance, act, resolution, rule, or regulation that prohibits or limits rental of a property or regulations the duration, frequency, or location of such rental. The bill provides certain exceptions to that prohibition and limitation. The bill provides procedures for protesting enactment of amendment of ordinances, acts, resolution, rules, or regulations through a petition process. The bill provides procedures for the petition process. The bill provides that duly protested enactments shall not take effect until ratified by a majority of voters and prescribes the voting procedures. The bill provides that each bond must be ratified by a majority of voters and prescribes the voting procedure for bond ratification. The bill modifies reporting requirements. The bill eliminates automatic termination of the Municipal Home Rule Pilot Program on July 1, 2019.

Establishing the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program

Del. Gary Howell [R]

Del. Chris Phillips [R]

Del. Tom Bibby [R]

Del. Rodney Pyles [D]

Date	Chamber	Action
2019-01-29	House	To House Government Organization
2019-01-29	House	Introduced in House
2019-01-29	House	To Government Organization
2019-01-29	House	Filed for introduction

Chapter	Article	Section	Citation Type	Statute Text
8	1	5a	Amended Code	Citation Text

Type	Source
Summary	http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2728&year=2019&sessiontype=RS&btype=bill
Text	http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb2728%20intr.htm&yr=2019&sesstype=RS&i=2728