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Introduced Version House Bill 2190 History

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hb2190 intr
H. B. 2190


(By Delegate Campbell)

[Introduced February 10, 2005; referred to the

Committee on Political Subdivision then Finance.]





A BILL to amend and reenact §16-13A-4 of the code of West Virginia, 1931, as amended, relating to payments 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 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 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 one hundred dollars per attendance at regular monthly meetings and fifty seventy-five dollars per attendance at additional special meetings, total salary not to exceed fifteen hundred two thousand dollars per annum;
(2) For districts with six hundred customers or more but fewer than two thousand customers, up to one hundred twenty-five dollars per attendance at regular monthly meetings and seventy-five one hundred dollars per attendance at additional special meetings, total salary not to exceed two thousand five hundred fifty three thousand two hundred fifty dollars per annum;
(3) For districts with two thousand customers or more, but fewer than four thousand customers, up to one hundred twenty-five fifty dollars per attendance at regular monthly meetings and seventy-five one hundred dollars per attendance at additional special meetings, total salary not to exceed three four thousand seven five hundred fifty dollars per annum; and
(4) For districts with four thousand or more customers, up to one hundred fifty seventy-five dollars per attendance at regular monthly meetings and one hundred twenty-five dollars per attendance at additional special meetings, total salary not to exceed five six thousand four hundred dollars per annum.
The public service district shall certify the number of customers served to the public service commission beginning on the first day of July 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 fifty thousand dollars, up to seventy-five one hundred dollars per attendance at regular monthly meetings and fifty seventy-five dollars per attendance at additional special meetings, total salary not to exceed fifteen hundred two thousand dollars per annum;
(2) For districts with annual revenues of fifty thousand dollars or more, but less than two hundred fifty thousand dollars, up to one hundred twenty-five dollars per attendance at regular monthly meetings and seventy-five one hundred dollars per attendance at special meetings, total salary not to exceed two three thousand five two hundred fifty dollars per annum;
(3) For districts with annual revenues of two hundred fifty thousand dollars or more, but less than five hundred thousand dollars, up to one hundred twenty-five fifty dollars per attendance at regular monthly meetings and seventy-five one hundred dollars per attendance at additional special meetings, total salary not to exceed three four thousand seven five hundred fifty dollars per annum; and
(4) For districts with annual revenues of five hundred thousand dollars or more, up to one hundred fifty seventy-five dollars per attendance at regular monthly meetings and one hundred twenty-five dollars per attendance at additional special meetings, total salary not to exceed five six thousand four hundred dollars per annum.
The public service district shall certify the number of customers served and its annual revenue to the public service commission beginning on the first day of July, two thousand, 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 pubic service district initiating service to its first customer. Salary and reimbursement of expenses may only be incurred at meetings occurring after the public service district has 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 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. At any time prior to the issuance of bonds as hereinafter provided, the board may by resolution change the official or corporate name of the public service district and the change is effective from the filing of an authenticated copy of such the resolution with the clerk of the county commission of each county in which the territory embraced within such the district or any part thereof is located and with the public service commission. 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; clarify when salary and expense payments may be made; and add 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.



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