West Virginia Senate Committee Advances Bill To Make Home Rule Pilot Program Permanent
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WHEELING -- A bill to make West Virginia's Municipal Home Rule Pilot Program permanent in the state is on its way to a vote in the state Senate.
The Senate Committee on Government Organization approved Senate Bill 4 on Thursday. The measure would establish the Municipal Home Rule Pilot Program as a permanent program identified as the Municipal Home Rule Program. It provides 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act, resolution, rule or regulation enacted pursuant to the Municipal Home Rule Pilot Program "shall continue until repealed."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 the home rule program to additional municipalities. When the pilot program was created in 2007, just four cities were included -- Wheeling, Charleston, Huntington and Bridgeport, W.Va. The number of cities is now up to 34.
City governments participating in the pilot program are permitted to enact certain types of legislation without the constraint of state law.
The pilot program, however, expires at the end of June unless the Legislature acts before then to extend it.
Senate Majority Whip Ryan Weld, R-Brooke, sponsored SB 4. He said the bill likely will be scheduled for its first and second readings before the full Senate on Monday and Tuesday, with a third reading and vote for passage out of the chamber expected Wednesday.
"This is a pilot program set to expire," Weld said. "If this were to occur, there could be major issues for Wheeling and other cities. These cities have made major plans and passed ordinances based on the home rule program.
"If this goes away, there could be major funding issues for Wheeling. They have built plans on what they are going to do through the home rule program."
Wheeling City Manager Robert Herron said passage of the home rule bill out of committee is a "significantly positive step" for every city in West Virginia.
"We have effectively used home rule, and we want the ability to use it effectively in the future for future decisions, " he said.
Under home rule, Wheeling officials instituted a vacant building registration program, as well as a sales tax. This sales tax brings in about $5.4 million annually, and has helped to fund infrastructure improvements, upgrades to WesBanco Arena, and closed out the city's police and fire pension fund liabilities.
In addition, the program made it possible for Wheeling residents to consider the "brunch bill," which allows restaurants to serve liquor starting at 10 a.m. on Sundays. State law prohibits restaurants from serving liquor before 1 p.m. on Sundays.
Herron said it was his understanding that any actions taken by a municipal government under home rule would remain law if the program expired.
"But having it going forward gives us the opportunity to deal with local issues as they surface, and that's the most important aspect," he said. "What is an issue in Wheeling, West Virginia, is not necessarily an issue in Logan, West Virginia."
He credited the Northern Panhandle delegation for working hard in Charleston on behalf of their constituents.
Weld said there is support in the Legislature for making the Municipal Home Rule Pilot Program permanent, but that doesn't guarantee easy passage.
"It's one of those things where everybody is on board and something stumbles into it," he said. "Two years ago the Legislature passed a bill to make it permanent, and the governor vetoed it. I'm not sure why."
Last year, the measure "got lost in the shuffle" as state lawmakers grappled with a state teachers' strike.
"Nobody did anything preventing it from passing," Weld said. "We're just making it sure doesn't fall victim to unfortunate circumstance because something has to be done this year."