HB 3269 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 3269
(By Delegates Blair, J. Miller, Overington,
Duke and Tabb)

(Originating in the Committee on the Judiciary)

[February 26, 2007]

A BILL to reform, alter and modify the county commission of Berkeley County under the provisions of section 13, 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 hereby finds and declares that, the county commission of the County of Berkeley has requested the reformation, alteration and modification of the county commission of said county, so as to increase the total members of the commission from three members to five members. The Legislature further finds and declares that said request by the county commission of the County of Berkeley was by resolution, that such resolution is proper, and that the Legislature has the authority to consider such request to so reform, alter and modify said county commission, as required by the provisions of section 13, article IX of the Constitution of this state. The Legislature further finds and declares that it fulfills the mandatory requirements of said section 13 of the Constitution by the provision of this act.

§2. Reformation, alteration and modification of the Berkeley county commission; composition; application of laws.

That on and after the first day of January, two thousand nine, the county commission for the County of Berkeley shall be comprised of five members, each member to be elected from the county at large, with not more than one member being a resident of the same magisterial district. The newly elected county commission shall have 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 would constitute a quorum.
§3. Election of county commission members; terms of office; meetings; chair; compensation; administrator.

(a) At the general election to be held in the year two thousand eight , there shall be three members of the county commission elected from the county at large, ~~one commission member from each magisterial district in Berkeley County,~~ with no more than one member being a resident of the same magisterial district ~~with no more than one county commission member~~ serving ~~from the same magisterial district~~ at the same time. The voters of Berkeley County are not restricted to voting for only those members who reside within their magisterial district.
(b) The county commission members shall hold office for a term of six years: Provided, That the terms shall be staggered, with the two ~~members~~ individuals receiving the first and second highest number of votes serving a six-year term, and the ~~member~~ individual receiving the third highest number of votes serving a two year term. Thereafter, each elected member shall serve a six-year term.
(c) Each county commission member shall receive the same remuneration as that received by county commission members on the effective date of this act and shall be reimbursed for expenses incurred while performing official duties as sanctioned by the commission. No other benefits shall be awarded to the commission members.
(d) This reformation will not effect the two current elected commissioners with the longest remaining tenure in years but will effect the current commissioner whose seat will be available in the reformation.
§4. Submission to voters of question of reformation, alteration and modification of the county commission; publication.

(a) At the next ~~referendum~~ special election to be held in the County of Berkeley or at the next general election to be held in the year two thousand eight, the question of the reformation, alteration and modification of the county commission as provided in this act shall be submitted to the voters of Berkeley County voting at such 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 of West Virginia, one thousand nine hundred thirty-one, as amended, in the county at least once in each week for two successive weeks immediately preceding the election.

§5. Effect of result of vote on modification of the county commission.

If a majority of the votes cast upon the question be for reformation of the county commission, this act shall be and remain in full force and effect; but, if a majority of said votes be against reformation of said county commission, said act shall be void and of no further force and effect.

NOTE: The purpose of this bill is to reform, alter or modify 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 13, article IX of the Constitution of West Virginia.

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