SENATE CONCURRENT RESOLUTION NO. 17

(By Senator Anderson, Dalton, Wooton,

Ross, Minard and Dittmar)

__________

[Originating in the Committee on the Judiciary;

reported April 1, 1993.]

__________




Directing the Joint Committee on Government and Finance to make a study of the feasibility of limiting the jurisdictional powers of the public service commission respecting the consolidation or merger of public service districts and to further review the present statutory scheme governing the bonded indebtedness of public service districts.

Whereas, Under present law, the public service commission has jurisdiction to determine the consolidation or merger of public service districts within all the various counties of the state of West Virginia; and
Whereas, In consideration of the size, population, economic and geographical variances of various counties of this state, the said counties and their respective citizenry have different needs and abilities to govern and control the number of public service districts within such counties, more particularly with respect to the determination and feasibility of consolidating or merging existing public service districts; and
Whereas, Changes in the jurisdictional power over the consolidation or merger of public service districts may allow the various counties of the state to better address their respective local and regional needs by authorizing counties, or at least certain counties, to use their own resources and expertise to determine the feasibility and necessity of consolidating or merging existing public service districts within their respective counties, based on the economic conditions and needs of and the quality and costs of services to their residents; and
Whereas, Before any determination of the jurisdictional issue may fairly be considered, there must first be an analysis of the numbers and efficiency of the public service districts within the various counties and the feasibility of authorizing counties, or at least certain counties, to make determinations, independent of the public service commission, whether to merge or consolidate public service districts within their respective counties; and
Whereas, In the studies and determination of consolidation or merger of public service districts by the various counties and the public service commission, which have heretofore been conducted, a problem has arisen respecting the method of addressing certain bonded indebtedness of the public service districts proposed for consolidation, resulting in the inability to effect such consolidation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance be and is hereby directed to conduct a study of the feasibility of limitingthe jurisdictional powers of the public service commission respecting the consolidation or merger of public service districts and, more particularly, to determine whether the various counties, or at least certain counties, should be authorized to decide on the consolidation or merger of public service districts within their respective counties, and further, to determine whether the present statutory scheme governing the bonded indebtedness of public service districts should be amended to enable consolidation or merger of public service districts; 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.