Introduced Version
Senate Bill 740 History
OTHER VERSIONS -
Committee Substitute (1)
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 740
(By Senator Unger)
____________
[Introduced February 18, 2008; referred to the Committee on
Government Organization.]
____________
A BILL to reform the county commission of Berkeley County under the
provisions of section thirteen, article IX of the Constitution
of West Virginia.
Be it enacted by the Legislature of West Virginia:
BERKELEY COUNTY COMMISSION.
§1.Legislative findings.
The Legislature finds that, the county commission of the
County of Berkeley has requested the reformation of the county
commission of the County of Berkeley, so as to increase the number
of commissioners from three to five.
The Legislature further finds that Berkeley County has
experienced growth which has caused the business before the
commission to dramatically increased.
§2. Election of county commission members; terms of office.
(a) At the primary election to be held in the year two thousand ten, there shall be nominated three members of the county
commission, and culminating in election of the three new
commissioners at the general election scheduled for the first
Tuesday in November, two thousand ten.
(b) Two of the newly elected members shall be those members of
the commission whose terms will not have ended by the first day of
January, two thousand eleven. The other three members shall be
elected for staggered terms of two, four and six years
respectively. The terms of the newly elected members being decided
by designating the six-year term to the winner who received the
greatest number of votes; the four-year term to the winner who
received the second greatest number of votes and the two-year term
to the winner who received the third greatest number of votes.
Thereafter, each elected member serves a six-year term.
(c) No two members of the commission shall be from the same
magisterial district and all commissioners shall be elected from
the county at large.
(d) The new commission shall be effective and the elected
members of the commission shall take office on the first day of
January, two thousand eleven.
(e)
The newly elected county commission has the same powers,
duties and responsibilities of a county commission as provided in
the Constitution and general laws of this state, and a majority of
the elected members of the commission constitute a quorum.
§3. Submission to voters of question of reformation of the county
commission; publication.
(a) At the May, two thousand eight primary election held in
the County of Berkeley the question of the reformation of the
county commission as provided in this act shall be submitted to the
voters of Berkeley County voting at the election, on a separate
ballot furnished by the county commission, in the following form:
?
"For increasing the county commission to five members.
?
"Against increasing the county commission to five
members."
(b) Notice of the election on the question shall be given by
publication of this act in each weekly or daily newspaper as a
Class II-O legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of the code, in the county at
least once in each week for two successive weeks immediately
preceding the election.
NOTE: The purpose of this bill is to reform the county
commission of Berkeley County by increasing the number of members
from three to five and, approving such reformation by the assent of
a majority of the voters of such county voting at an election, all
pursuant to the provisions of section thirteen
, article IX of the
Constitution of West Virginia.