H. B. 3324
(By Delegate Azinger, (By Request))
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-13A-3a of the Code of West
Virginia, 1931, as amended, relating to providing that a
Public Service District Commissioner may be removed forthwith
and without cause upon the filing with the county commission,
a petition containing the signatures of a simple majority of
a public service district's customer accounts requesting the
removal of such Public Service District Commissioner.
Be it enacted by the Legislature of West Virginia:
That §16-13A-3a 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, STORM
WATER AND GAS SERVICES.
§16-13A-3a. Removal of members of Public Service Board.
(a) The county commission or the Public Service Commission or
any other appointive body creating or establishing a public service
district under the provisions of this article, or any group of five
percent or more of the customers of a public service district, may
petition the circuit court of the county in which the district
maintains its principal office for the removal of any member of the
governing board thereof for consistent violations of any provisions
of this article, for reasonable cause which includes, but is not
limited to, a continued failure to attend meetings of the Board,
failure to diligently pursue the objectives for which the district
was created, or failure to perform any other duty either prescribed
by law or required by a final order of the Public Service
Commission or for any malfeasance in public office. Any Board
member charged with a violation under this section who offers a
successful defense against such charges shall be reimbursed for the
reasonable costs of such defense from district revenues. Such
costs shall be considered as costs associated with rate
determination by the public service district and the Public Service
Commission. If the circuit court judge hearing the petition for
removal finds that the charges are frivolous in nature, the judge
may assess all or part of the court costs, plus the reasonable
costs associated with the Board member's defense, against the party
or parties who petitioned the court for the Board member's removal.
(b) Notwithstanding the provisions of subsection (a) of this
section, a Public Service District Commissioner may be removed
forthwith and without cause upon the filing with the county
commission, a petition containing the signatures of a simple
majority of a public service district's customer accounts
requesting the removal of such Public Service District
Commissioner.
NOTE: The purpose of this bill is to provide that a Public
Service District Commissioner may be removed forthwith and without
cause upon the filing with the county commission, a petition
containing the signatures of a simple majority of a public service
district's customer accounts requesting the removal of such Public
Service District Commissioner.
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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