COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 576
(By Senator Unger)
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[Originating in the Committee on Government Organization;
reported March 1, 2010.]
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A BILL to amend and reenact §16-13A-3 of the Code of West Virginia,
1931, as amended, relating to public service districts; and
reducing the appointment terms.
Be it enacted by the Legislature of West Virginia:
That §16-13A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-3. District to be a public corporation and political
subdivision; powers thereof; public service boards.
(a) From and after the date of the adoption of the order
creating any public service district, it is a public corporation
and political subdivision of the state, but without any power to
levy or collect ad valorem taxes. Each district may acquire, own
and hold property, both real and personal, in its corporate name,
and may sue, may be sued, may adopt an official seal and may enter into contracts necessary or incidental to its purposes, including
contracts with any city, incorporated town or other municipal
corporation located within or without its boundaries for furnishing
wholesale supply of water for the distribution system of the city,
town or other municipal corporation, or for furnishing stormwater
services for the city, town or other municipal corporation, and
contract for the operation, maintenance, servicing, repair and
extension of any properties owned by it or for the operation and
improvement or extension by the district of all or any part of the
existing municipally owned public service properties of any city,
incorporated town or other municipal corporation included within
the district:
Provided, That no contract
shall may extend beyond
a maximum of forty years, but provisions may be included
therein in
the contract for a renewal or successive renewals
thereof and shall
conform to and comply with the rights of the holders of any
outstanding bonds issued by the municipalities for the public
service properties.
(b) The powers of each public service district
shall be are
vested in and exercised by a public service board consisting of not
less than three members, who
shall are required to be persons
residing within the district, who possess certain educational,
business or work experience which will be conducive to operating a
public service district. Each board member shall, within six
months of taking office, successfully complete the training program
to be established and administered by the Public Service Commission
in conjunction with the
Division Department of Environmental Protection and the Bureau
of for Public Health. Board members
shall may not be or become pecuniarily interested, directly or
indirectly, in the proceeds of any contract or service, or in
furnishing any supplies or materials to the district nor
shall may
a former board member be hired by the district in any capacity
within a minimum of twelve months after
the board member's term has
expired or
such the board member has resigned from the district
board. The members shall be appointed in the following manner:
(1) Each city, incorporated town or other municipal
corporation having a population of more than three thousand but
less than eighteen thousand is entitled to appoint one member of
the board; and
(2) Each city, incorporated town or other municipal
corporation having a population in excess of eighteen thousand
shall be is entitled to appoint one additional member of the board
for each additional eighteen thousand population.
(c) The members of the board representing
such cities,
incorporated towns or other municipal corporations
shall are
required to be residents thereof and shall be appointed by a
resolution of the governing bodies thereof and upon the filing of
a certified copy or copies of the resolution or resolutions in the
office of the clerk of the county commission which entered the
order creating the district, the persons so appointed become
members of the board without any further act or proceedings.
(d) If the number of members of the board so appointed by the
governing bodies of cities, incorporated towns or other municipal corporations included in the district equals or exceeds three, then
no further members
shall may be appointed to the board and the
members so appointed are the board of the district, except in cases
of merger or consolidation where the number of board members may
equal five.
(e) If no city, incorporated town or other municipal
corporation having a population of more than three thousand is
included within the district, then the county commission which
entered the order creating the district shall appoint three members
of the board, who are persons residing within the district and
residing within the State of West Virginia, which three members
become members of the board of the district without any further act
or proceedings, except in cases of merger or consolidation where
the number of board members may equal five.
(f) If the number of members of the board appointed by the
governing bodies of cities, incorporated towns or other municipal
corporations included within the district is less than three, then
the county commission which entered the order creating the district
shall appoint such additional member or members of the board, who
are persons residing within the district, as is necessary to make
the number of members of the board equal three, except in cases of
merger or consolidation where the number of board members may equal
five, and the member or members appointed by the governing bodies
of the cities, incorporated towns or other municipal corporations
included within the district and the additional member or members
appointed by the county commission as aforesaid, are the board of the district. A person may serve as a member of the board in one
or more public service districts.
(g) The population of any city, incorporated town or other
municipal corporation, for the purpose of determining the number of
members of the board, if any, to be appointed by the governing body
or bodies thereof, is the population stated for such city,
incorporated town or other municipal corporation in the last
official federal census.
(h) Notwithstanding any provision of this code to the
contrary, whenever a district is consolidated or merged pursuant to
section two of this article, the terms of office of the existing
board members
shall end on the effective date of the merger or
consolidation. The county commission shall appoint a new board
according to rules promulgated by the Public Service Commission.
Whenever districts are consolidated or merged no provision of this
code prohibits the expansion of membership on the new board to
five.
(i) Commencing July 1, 2010, the respective terms of office of
the members of the first board shall be fixed by the county
commission and shall be as equally divided as may be, that is
approximately one third of the members for a term of
two three
years, a like number for a term of
four two years,
and the term of
the remaining member or members for
six years one year, from the
first day of the month during which the appointments are made.
Thereafter, the staggered terms are for three years. The first
members of the board appointed as aforesaid shall meet at the office of the clerk of the county commission which entered the
order creating the district as soon as practicable after the
appointments and shall qualify by taking an oath of office:
Provided, That any member
or members of the board may be removed
from their respective office as provided in section three-a of this
article.
(j) Any vacancy shall be filled for the unexpired term within
thirty days, otherwise successor Commencing July 1, 2010, members
of the board shall be appointed for terms of
six three years and
the terms of office shall continue until successors have been
appointed and qualified.
Any member in office on July 1, 2010,
shall continue to serve for the remainder of the term. If an
office is vacant on July 1, 2010, then the office shall be filled
so that it becomes a three year term. Any vacancy shall be filled
for the unexpired term within thirty days. All successor members
shall be appointed in the same manner as the member succeeded was
appointed. The district shall provide to the Public Service
Commission, within thirty days of the appointment, the following
information: The new board member's name, home address, home and
office phone numbers, date of appointment, length of term, who the
new member replaces and if the new appointee has previously served
on the board. The Public Service Commission shall notify each new
board member of the legal obligation to attend training as
prescribed in this section.
(k) The board shall organize within thirty days following the
first appointments and annually thereafter at its first meeting after January 1, of each year by selecting one of its members to
serve as chair and by appointing a secretary and a treasurer who
need not be members of the board. The secretary shall keep a
record of all proceedings of the board which shall be available for
inspection as other public records. Duplicate records shall be
filed with the county commission and shall include the minutes of
all board meetings. The treasurer is lawful custodian of all funds
of the public service district and shall pay same out on orders
authorized or approved by the board. The secretary and treasurer
shall perform other duties appertaining to the affairs of the
district and shall receive salaries as shall be prescribed by the
board. The treasurer shall furnish bond in an amount to be fixed
by the board for the use and benefit of the district.
(l) The members of the board, and the chair, secretary and
treasurer thereof, shall make available to the county commission,
at all times, all of its books and records pertaining to the
district's operation, finances and affairs, for inspection and
audit. The board shall meet at least monthly.