H. B. 3121
(By Delegate Ross)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §16-13A-4 of the Code of West Virginia,
1931, as amended, relating 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.
§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 dollars $100 per attendance at regular monthly
meetings and
fifty dollars $75 per attendance at additional special
meetings, total salary not to exceed
fifteen hundred dollars $2,000
per annum;
(2) For districts with six hundred customers or more but fewer
than two thousand customers, up to
one hundred dollars $125 per
attendance at regular monthly meetings and
seventy-five dollars
$100 per attendance at additional special meetings, total salary
not to exceed
two thousand five hundred fifty dollars $3,250 per
annum;
(3) For districts with two thousand customers or more,
but
fewer than four thousand customers, up to
one hundred twenty-five
dollars $150 per attendance at regular monthly meetings and
seventy-five dollars $100 per attendance at additional special
meetings, total salary not to exceed
three thousand seven hundred
fifty dollars $4,500 per annum; and
(4) For districts with four thousand or more customers, up to
one hundred fifty dollars $200 per attendance at regular monthly
meetings and
one hundred dollars $150 per attendance at additional
special meetings, total salary not to exceed
five thousand four
hundred dollars $6,400 per annum.
The public service district shall certify the number of
customers served to the Public Service Commission beginning on July
1
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 $50,000,
up to
seventy-five dollars $100 per attendance at regular monthly
meetings and
fifty dollars $75 per attendance at additional special
meetings, total salary not to exceed
fifteen hundred dollars $2,000
per annum;
(2) For districts with annual revenues of $50,000 or more, but
less than $250,000, up to
one hundred dollars $125 per attendance
at regular monthly meetings and
seventy-five dollars $100 per
attendance at special meetings, total salary not to exceed
two
thousand five hundred fifty dollars $3,250 per annum;
(3) For districts with annual revenues of $250,000 or more,
but less than $500,000, up to
one hundred twenty-five dollars $150 per attendance at regular monthly meetings and
seventy-five dollars
$100 per attendance at additional special meetings, total salary
not to exceed
three thousand seven hundred fifty dollars $4,500 per
annum; and
(4) For districts with annual revenues of $500,000 or more, up
to
one hundred fifty dollars $200 per attendance at regular monthly
meetings and
one hundred dollars $150 per attendance at additional
special meetings, total salary not to exceed
five thousand four
hundred dollars $6,400 per annum.
The public service district shall certify the number of
customers served and its annual revenue to the Public Service
Commission
beginning on July 1, 2000,
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 public service district initiating service to
its first customer. Salary and reimbursement for expenses may only
be incurred at meetings occurring after the public service district
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 that 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 of 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. The bill clarifies when
salary and expense payments may be made. It also adds 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.