H. B. 2856
(By Delegates Campbell and Canterbury)
[Introduced
January 9, 2008
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §16-13A-4 of the Code of West Virginia,
1931, as amended, relating to payments to public service
district board members; increasing the salary of public
service district board members; clarifying when salary and
expense payments may be made; and adding sewer service to the
salary schedule for public service districts which contract
with others to provide service.
Be it enacted by the Legislature of West Virginia:
That §16-13A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND GAS
SERVICES.
§16-13A-4. Board chairman; members' compensation; procedure;
district name.
(a) The chairman shall preside at all meetings of the board and may vote as any other member of the board. If the chairman is
absent from any meeting, the remaining members may select a
temporary chairman and if the member selected as chairman resigns
as such or ceases for any reason to be a member of the board, the
board shall select one of its members as chairman to serve until
the next annual organization meeting.
(b) Salaries of the board members are:
(1) For districts with fewer than six hundred customers, up to
seventy-five one hundred dollars per attendance at regular monthly
meetings and fifty seventy-five dollars per attendance at
additional special meetings, total salary not to exceed fifteen
hundred two thousand dollars per annum;
(2) For districts with six hundred customers or more but fewer
than two thousand customers, up to one hundred twenty-five dollars
per attendance at regular monthly meetings and seventy-five one
hundred dollars per attendance at additional special meetings,
total salary not to exceed two thousand five hundred fifty three
thousand two hundred fifty dollars per annum;
(3) For districts with two thousand customers or more, but
fewer than four thousand customers, up to one hundred twenty-five
fifty dollars per attendance at regular monthly meetings and
seventy-five one hundred dollars per attendance at additional
special meetings, total salary not to exceed three four thousand
seven five hundred fifty dollars per annum; and
(4) For districts with four thousand or more customers, up to
one hundred fifty seventy-five dollars per attendance at regular
monthly meetings and one hundred twenty-five dollars per attendance
at additional special meetings, total salary not to exceed five six
thousand four hundred dollars per annum.
The public service district shall certify the number of
customers served to the Public Service Commission beginning on the
first day of July one thousand nine hundred eighty-six, and
continue of each fiscal year. thereafter
(c) Public service districts selling water to other water
utilities for resale or public service districts which provide
sewer treatment for other sewer utilities may adopt the following
salaries for its board members:
(1) For districts with annual revenues of less than fifty
thousand dollars, up to seventy-five one hundred dollars per
attendance at regular monthly meetings and fifty seventy-five
dollars per attendance at additional special meetings, total salary
not to exceed fifteen hundred two thousand dollars per annum;
(2) For districts with annual revenues of fifty thousand
dollars or more, but less than two hundred fifty thousand dollars,
up to one hundred twenty-five dollars per attendance at regular
monthly meetings and seventy-five one hundred dollars per
attendance at special meetings, total salary not to exceed two
three thousand five two hundred fifty dollars per annum;
(3) For districts with annual revenues of two hundred fifty
thousand dollars or more, but less than five hundred thousand
dollars, up to one hundred twenty-five fifty dollars per attendance
at regular monthly meetings and seventy-five one hundred dollars
per attendance at additional special meetings, total salary not to
exceed three four thousand seven five hundred fifty dollars per
annum; and
(4) For districts with annual revenues of five hundred
thousand dollars or more, up to one hundred fifty seventy-five
dollars per attendance at regular monthly meetings and one hundred
twenty-five dollars per attendance at additional special meetings,
total salary not to exceed five six thousand four hundred dollars
per annum.
The public service district shall certify the number of
customers served and its annual revenue to the Public Service
Commission beginning on the first day of July two thousand, and
continue of each fiscal year. thereafter
(d) Board members may be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
duties as provided for by the rules of the board. Notwithstanding
any other provision of this code to the contrary, board members are
not eligible for salary payment or reimbursement for expenses
incurred prior to the pubic service district initiating service to
its first customer. Salary and reimbursement of expenses may only be incurred at meetings occurring after the public service district
has initiated service to customers.
(e) The board shall by resolution determine its own rules of
procedure, fix the time and place of its meetings and the manner in
which special meetings may be called. Public notice of meetings
shall be given in accordance with section three, article nine-a,
chapter six of this code. Emergency meetings may be called as
provided for by said section. A majority of the members
constituting the board also constitute a quorum to do business.
(f) The members of the board are not personally liable or
responsible for any obligations of the district or the board, but
are answerable only for willful misconduct in the performance of
their duties.
The county commission which created a district or
county commissions if more than one created the district may, upon
written request of the district, adopt an order changing the
official name of a public service district: Provided, That such
the name change will not be effective until approved by the Public
Service Commission of West Virginia and the owners of any bonds and
notes issued by the district, if any, shall have consented, in
writing, to the name change. If a district includes territory
located in more than one county, the county commission or county
commissions changing the name of the district shall provide any
county commission into which the district also extends with a
certified copy fo the order changing the name of the district. The official name of any district created under the provisions of this
article may contain the name or names of any city, incorporated
town or other municipal corporation included therein or the name of
any county or counties in which it is located.
NOTE: The purpose of this bill is to increase the salary of
public service district board members; clarify when salary and
expense payments may be made; and add sewer service to the salary
schedule for public service districts which contract with others to
provide service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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