Senate Bill No. 22

(By Senator Dittmar)

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[Introduced January 10, 1996; referred to the Committee
on Government Organization and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section four, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the effect of name changes by public service districts.

Be it enacted by the Legislature of West Virginia:
That section four, article thirteen-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND
GAS SERVICES.

§16-13A-4. Board chairman; members' compensation;
procedure;
district name.

The chairman shall preside at all meetings of the board and may vote as any other members of the board but if he should be absent from any meeting, the remaining members may select a temporary chairman and if the member selected as chairman resigns as such or ceases for any reason to be a member of the board, the board shall select one of its members as chairman to serve until the next annual organization meeting. Salaries of each of its board members shall be as follows: For districts with fewer than six hundred customers, each board member shall receive fifty dollars per attendance at regular monthly meetings and thirty dollars per attendance at additional special meetings, total salary not to exceed nine hundred dollars per annum; for districts with six hundred customers or more but fewer than two thousand customers, each board member shall receive one hundred dollars per attendance at regular monthly meetings and fifty dollars per attendance at additional special meetings, total salary not to exceed eighteen hundred dollars per annum; and for districts with two thousand customers or more each board member shall receive one hundred dollars per attendance at regular monthly meetings and fifty dollars per attendance at additional special meetings, total salary not to exceed three thousand dollars per annum. The public service district shall certify the number of customers served to the public service commission beginning on the first day of July, one thousand nine hundred eighty-six, and continue each fiscal year thereafter. Board members may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as provided for by the rules and regulations of the board. The board shall by resolution determine its own rules of procedure, fix the time and place of its meetings and the manner in which special meetings may be called. Public notice of meetings shall be given in accordance with section three, article nine-a, chapter six of this code. Emergency meetings may be called as provided by said section. A majority of the members constituting the board also constitute a quorum to do business. The members of the board are not personally liable or responsible for any obligations of the district or the board but are answerable only for willful misconduct in the performance of their duties. At any time prior to the issuance of bonds as hereinafter provided the board may by resolution change the official or corporate name of the public service district and such change shall be effective from and after filing an authenticated copy of such resolution with the clerk of the county commission of each county in which the territory embraced within such district or any part thereof is located. At any time prior to or subsequent to the issuance of bonds as hereinafter provided the board may by resolution change the official or corporate name of the public service district and the change shall be effective from and after filing an authenticated copy of the resolution with the clerk of the county commission of each county in which the territory within the district or any part thereof is located. The change of the official or corporate name of the public service district does not affect any obligations, indebtness or other liabilities, or any other rights, assets or other property owned by or used in the administration of, the public service district. The official name of any district created under the provisions of this article may contain the name or names of any city, incorporated town or other municipal corporation included therein or the name of any county or counties in which it is located.


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(NOTE: The purpose of this bill is to insure that in the event a public service district undergoes a name change the impact has no meaningful legal impact.

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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GOVERNMENT ORGANIZATION COMMITTEE AMENDMENTS


On page _____, section four, line _____, by inserting a period after the word "district" and striking out the remainder of the sentence.;
On page _____, section four, line _____, after the word "located." by inserting the following: The change of name shall be effective when it is approved by an order of the county commission of the county where the majority of the customers are located, entered after a public hearing. Notice of this public hearing shall be given by a Class I legal advertisement at least ten days prior to the hearing. The public service district shall also forward a copy of the county commission order to the public service commission. If there are any outstanding bonds, the public service district shall also notify the bondholders and the paying agent by mailing a copy of the commission order to the bondholders listed on the books of the registrar or trustee and to the paying agent.