This bill amends the Code of West Virginia to introduce a new section, 8-1-5b, which establishes a framework for appeals related to Municipal Home Rule. It allows individuals subject to a municipality's jurisdiction, including those who pay taxes or fees, to appeal the validity of municipal ordinances or regulations that are alleged to violate specific provisions. The bill also creates the Home Rule Appeal Escrow Fund, where municipal sales tax revenue will be deposited during the appeal process. If a municipality is found to have enacted an improper ordinance, the collected funds will go to the General Revenue Fund; otherwise, they will revert to the municipality.
Additionally, the bill modifies existing language in section 51-11-4 by granting the Intermediate Court of Appeals original jurisdiction over proceedings initiated under the new section 8-1-5b. This change clarifies the court's role in handling appeals related to Municipal Home Rule, ensuring that individuals have a clear path to challenge municipal actions. Overall, the bill aims to enhance the accountability of municipalities participating in the Home Rule Program by providing a structured appeal process.
Statutes affected: Introduced Version: 8-1-5b, 51-11-4