SENATE CONCURRENT RESOLUTION NO. 17
(By Senator Anderson, Dalton, Wooton,
Ross, Minard and Dittmar)
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[Originating in the Committee on the Judiciary;
reported April 1, 1993.]
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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.