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Introduced Version House Bill 3324 History

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hb3324 intr

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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