This bill establishes the Municipal Home Rule Program in West Virginia as a permanent initiative, allowing municipalities to create local ordinances while imposing specific limitations. A key provision prohibits participating municipalities from enacting nondiscrimination ordinances that recognize additional protected classes beyond those specified in state law, rendering any conflicting existing ordinances void and unenforceable. The bill also delineates the powers and responsibilities of the Municipal Home Rule Board, which will oversee the program and ensure compliance with state statutes.
Furthermore, the bill introduces enforcement mechanisms for violations, defining a "violation" as any municipal enactment that conflicts with the new restrictions. It allows for the removal of such ordinances through executive orders or joint legislative actions, and municipalities found in violation cannot contest these actions in court. Affected individuals or entities may pursue legal action against the municipality, with provisions for punitive damages and attorney fees. The bill also includes a severability clause, ensuring that if any part of the subsection is deemed invalid, the remaining provisions will still be enforceable, maintaining the overall intent of the legislation.
Statutes affected: Introduced Version: 8-1-5a