This bill aims to amend the Code of West Virginia by introducing a new section, 8-1-5b, which outlines the procedures and eligibility for appeals related to Municipal Home Rule. It allows any person subject to the jurisdiction of a participating municipality, including those who pay taxes or fees, to appeal the validity or application of municipal ordinances that are alleged to violate specific provisions. The bill establishes the Intermediate Court of Appeals as the trier of fact for these appeals and creates a Home Rule Appeal Escrow Fund to manage revenues collected during the appeal process. If a municipality is found to have enacted an improper ordinance, the collected municipal sales tax will be redirected to the General Revenue Fund; otherwise, it will revert to the municipality.

Additionally, the bill amends section 51-11-4 of the West Virginia Code to clarify that the Intermediate Court of Appeals does not have original jurisdiction over proceedings initiated under the new section 8-1-5b. This change ensures that the court's role is limited to appellate jurisdiction concerning Municipal Home Rule appeals, thereby streamlining the process and clarifying the court's responsibilities in these matters. Overall, the bill seeks to enhance the framework for Municipal Home Rule appeals, providing clear guidelines for eligibility and procedures.

Statutes affected:
Introduced Version: 8-1-5b, 51-11-4