H. B. 3269
(By Delegates Blair, J. Miller,
Overington, Duke and Tabb)
[Introduced February 23, 2007; referred to the
Committee on the Judiciary.]
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 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 receiving the first and second highest number of
votes serving a six-year term, and the member 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.
§4. Submission to voters of question of reformation, alteration
and modification of the county commission; publication.
(a) At the next referendum 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.