H. B. 2457
(By Delegates Compton, McGraw, Pulliam,
Mahan, Tucker and Thompson)
[Introduced March 10, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article thirteen-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to public
service districts; changing the salaries of public service
district members to a flat monthly rate; and changing the
official name of a public service district.
Be it enacted by the Legislature of West Virginia:
That section four, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one,
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
members member of the board but if he
or she should be 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) Effective the first day of July, one thousand nine
hundred ninety-seven, salaries of each of its board members
shall
be are as follows:
(1) For districts with fewer than six hundred customers,
each board member shall receive
fifty seventy-five dollars per
attendance at regular monthly meetings and
thirty fifty dollars
per attendance at additional special meetings,
actually attended
by the member, total salary not to exceed
nine hundred one
thousand four hundred dollars per annum
;
(2) For districts with six hundred customers or more but
fewer than two thousand customers, each board member shall
receive one hundred
twenty-five dollars, per attendance at
regular monthly meetings and
fifty seventy dollars per
attendance at additional special meetings,
actually attended by
the member, total salary not to exceed
eighteen two thousand two hundred dollars per annum; and
(3) For districts with two thousand customers or more, each
board member shall receive one hundred
fifty dollars per
attendance at regular monthly meetings and
fifty ninety dollars
per attendance at additional special meetings,
actually attended
by the member, total salary not to exceed
three two thousand
seven hundred dollars per annum.
(c) The public service district shall certify the number of
customers
it served serves to the public service commission
beginning on the first day of July, one thousand nine hundred
eighty-six, and continue 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
and regulations of the board.
(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 by
said section.
three, article nine-a,
chapter six of this code 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.
At any time prior to the issuance change the
official or corporate name of the public service district and
such change shall be effective from and after the clerk of filing
an authenticated copy of such resolution with the county
commission of each county in which the territory embraced within
such district or any part thereof is located.
(g) At any time prior to or subsequent to the issuance of
bonds authorized by the provisions of this chapter, the board may
by resolution change the official or corporate name of the public
service district. The change of name shall be effective when it
is approved by an order of the county commission of the county
where the majority of the customers are located, entered after a
public hearing before the county commission. Notice of the
public hearing shall be given by a Class I legal advertisement at
least ten days prior to the hearing. In addition, if there are
any outstanding bonds issued at the time the resolution is
adopted by the board, the board shall also notify the bondholders
and the paying agent prior to the public hearing by mailing a
copy of the notice to the bondholders listed on the books of the
registrar or trustee and to the paying agent. If the change of
name is approved by the county commission, the board shall mail a copy of the commission's order of approval to the public
service commission. In addition, if there are any outstanding
bonds issued at the time the change of name is approved by the
county commission, the board shall notify the bondholders and the
paying agent of the change of name by mailing a copy of
commission's order of approval to the bondholders list on the
books of the registrar or trustee and to the paying agent. The
change of the official or corporate name of the public service
district does not affect any obligations, indebtedness or other
liabilities, or any other rights, assets or other property owned
by or used in the administration of the public service district.
(h) 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 change the way that
members of public service districts are paid. Currently, members
are paid graduated, per diem salaries based on the number of
customers served. This bill would continue the distinction with
respect to number of customers served, but would change the basic
salary to a flat monthly salary. The bill also makes technical
changes.
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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