as amended and adopted
SENATE CONCURRENT RESOLUTION NO. 17
(By Senators Anderson, Dalton, Wooton,
Ross, Minard and Dittmar)
Requesting the Joint Committee on Government and Finance to make
a study of the present statutory scheme governing the
consolidation and merger of local public service districts;
to clarify the rights and responsibilities of the public
service commission, local public service districts and
county commissions regarding consolidation and merger of
local public service districts; to review the role of
bondholders with respect to consolidation and merger of
local public service districts; and to further study the
feasibility of merging and consolidating municipal service
systems with public service districts.
Whereas, Present law provides for the consolidation and
merger of existing local public service districts by county
commissions with final approval by the public service commission;
and
Whereas, Present law governing consolidation and merger of
local public service districts fails to provide citizens with the
authority to approve or disapprove decisions of the public
service commission if they deem such action to be against the
best interests of the public service district without first
having exhausted all available statutory remedies, including
appeal to the West Virginia supreme court of appeals; and
Whereas, The present statutory system for consolidation and
merger of local public service districts has proven to be
unsatisfactory and has failed to address specific pertinent
interests of citizens, the public service districts and the
public service commission; and
Whereas, Statutory revision is necessary to protect the
interests of all parties involved in the consolidation and merger
of public service districts, to clarify the rights and
responsibilities of those parties and to improve the
consolidation and merger process; and
Whereas, The present statutory scheme for consolidation and
merger of public service districts does not allow the county
commissions or the public service commission to consolidate or
merge an existing public service district with a geographically
adjacent municipal service system, which often may be the best
solution to efficiently providing services to water or sewerage
customers; and
Whereas, The present statutory scheme fails to clearly
delineate the role of holders of the bonded indebtedness for
public service districts when consolidation or merger of the
district is proposed; and
Whereas, An analysis of the pertinent flaws in the
consolidation and merger process is necessary to ensure that the
needs of all concerned, and most importantly that water and
sewerage services are efficiently provided to the public, are
clarified and revised in the state's statutory provisions
governing consolidation and merger; therefore, be it
On page three, following the resolving clause, by striking
out the resolving sections and inserting in lieu thereof the
following:
That the Joint Committee on Government and Finance be and is
hereby requested to review, examine and study the current system
for consolidation and merger of local public service districts
and prepare a comprehensive revision of the statutory scheme
which will address ambiguities, concerns and problems in
effecting such consolidation and merger; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1994,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the public service commission be and
is hereby requested to refrain from the consolidation or merger
of any public service districts, except in emergency
circumstances, for a period of one year from the date of adoption
of this resolution; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.