SENATE CONCURRENT RESOLUTION NO. 25

(By Senators Wooton, Ball, Dawson, Dittmar, Hunter, Kessler, McCabe, Minard, Mitchell, Oliverio, Redd, Ross, Snyder, Deem and McKenzie)

[Originating in the Committee on the Judiciary.]

Requesting the Joint Committee on Government and Finance conduct a study of the responsibility of property owners for unpaid and delinquent charges for tenants' water and sewer services imposed by municipal, county and public service districts in West Virginia.

Whereas, A property owner is not liable for tenants' unpaid charges for sewer services imposed by municipal sewer systems under section twenty-three, article eighteen, chapter eight of the code of West Virginia; and
 Whereas, A property owner is liable for tenants' unpaid charges for water services imposed by municipal or county water systems under section twelve-a, article eighteen, chapter eight of the code of West Virginia;
Whereas, A property owner is not liable for tenants' unpaid charges for water and sewer services imposed by municipal combined water and sewer systems under section ten, article twenty, chapter ten of the code of West Virginia ;
 Whereas, A property owner is liable for tenants' unpaid charges for water and sewer services imposed by public service districts but a property owner may request that the services be shut off after sixty days under section nine, article thirteen-a, chapter sixteen of the code of West Virginia ;
Whereas, Conflicting policy and laws should be reconciled for the benefit of all the citizens of the State of West Virginia;
Whereas, The Legislature should establish a policy whether, and under what circumstances, liability should be imposed upon property owners for unpaid tenants' charges for water and sewer services by municipal, county and public service districts furnishing water and sewer services, and, if so, whether that liability should be limited to a certain number of months of delinquency and whether the property owner should be able to request or demand that the water or sewer service be terminated after a certain number of months of delinquency; and
 Whereas, The Legislature needs accurate information on water and sewer services furnished by municipal, county and public service districts; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the responsibility of property owners for unpaid and delinquent charges for tenants' water and sewer services imposed by municipal, county and public service districts in West Virginia and the concerns expressed above; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2001, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.