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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