House panel tables home rule bill
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CHARLESTON -- A committee of the West Virginia House of Delegates Wednesday put the brakes on a bill to make permanent a program that gives cities more freedom to craft ordinances.
House Bill 2728 making the Municipal Home Rule Pilot Program permanent was tabled by voice vote by the House Government Organization Committee. Action on a similar bill in the Senate, Senate Bill 4, was postponed one day.
The House committee tabled the bill after a successful amendment from House Minority Whip Mike Caputo, D-Marion, and Delegate Tony Paynter, R-Wyoming, stripped language preventing municipalities from enacting rules or ordinances contrary to the state Workplace Freedom Act and Labor-Management Relations Act.
"I just don't think that language is necessary," Caputo said. "We fought the right-to-work issue. My side lost. The other side won. That issue should be behind us. I don't know why we want that issue to surface again."
The Workplace Freedom Act, passed in 2017, says a person cannot be required as a condition of employment to be a member of a union or pay union dues and fees. The Labor-Management Relations Act deals with unfair labor practices, collective bargaining and mediation.
Caputo said these provisions are already state law and the language is unneeded and divisive.
"I just believe it's a poke in the eye," Caputo said. "I believe it's to surface, once again, a very divisive issue that should be behind us. If you're a seasoned legislator, you fight the fight, but when it's over, it's over. You shouldn't be dragging people through the mud again on such a controversial issue."
The Caputo/Paynter amendment passed 13-12. Government Organization Vice-Chairman Jeffrey Pack, R-Raleigh, moved to table the bill, which was successful.
The Legislature passed SB 747, creating the Municipal Home Rule Pilot Program, in 2007. The pilot program gave four cities, Charleston, Huntington, Bridgeport, and Wheeling, the freedom to craft ordinances, rules and regulations that they couldn't previously under state law. The Municipal Home Rule Board was created to manage the program.
In 2013, the program was opened up to 20 more municipalities, with 16 cities being accepted: Bluefield, Buckhannon, Charles Town, Clarksburg, Dunbar, Fairmont, Martinsburg, Milton, Morgantown, Nitro, Parkersburg, Ranson, Shinnston, South Charleston, Vienna and Weirton. Other amendments allow more cities to join. According to the state Department of Revenue, there are 34 cities participating in the Municipal Home Rule Program.
In both the Senate and House bills, the Municipal Home Rule Program would be opened up to all class I, II, and III municipalities, ranging from cities with more than 50,000 residents to as little as 2,000 residents. The Municipal Home Rule Board would also be able to approve applications for up to four class IV municipalities -- cities with less than 2,000 residents.
(Adams can be contacted at sadams@newsandsentinel.com)