HB 2561
Relating to municipal home rule appeals
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a process for appealing decisions made by municipal governments operating under Home Rule in West Virginia. It allows individuals who are affected by a municipal ordinance to appeal to the Intermediate Court of Appeals. Revenue generated from municipal sales tax during the appeal process will be deposited into a special fund, with funds reverting to the municipality if the appeal is unsuccessful, and going to the general revenue fund if the municipality is found to have acted improperly. The bill also clarifies the jurisdiction of the Intermediate Court of Appeals regarding various legal proceedings.
Key provisions
- Establishes a process for appealing municipal Home Rule decisions.
- Allows individuals who pay taxes or fees to the municipality to appeal.
- Creates a ‘Home Rule Appeal Escrow Fund’ to hold revenue during appeals.
- Specifies that municipal sales tax revenue during an appeal will be deposited into the escrow fund.
- Outlines how funds will be distributed based on the outcome of the appeal (municipality or general revenue).
- Clarifies the Intermediate Court of Appeals’ jurisdiction over appeals related to municipal Home Rule.
- Defines who is not eligible to appeal certain matters, such as criminal proceedings and juvenile matters.
Who is affected
- Municipalities operating under Home Rule in West Virginia
- Taxpayers and fee-payers of participating municipalities
- Residents of West Virginia
- The Intermediate Court of Appeals
- The State Treasurer
Sponsors
Official sponsors from legislative records.
Primary sponsor
Linville
Cosponsors
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