Senate Bill No. 618
(By Senator Snyder)
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[Introduced February 22, 1999; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section three-f, article one, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the authority of
county commissions to establish and operate residential
solid waste collection and disposal services; authorizing
payment for services from general funds of the county or
through fees or both; authorizing counties to enter into
contracts with municipalities and certified motor carriers;
and prohibiting establishment of a competing collection
service without authorization of the public service
commission.
Be it enacted by the Legislature of West Virginia:
That section three-f, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3f. Establishment and operation of garbage and refuse
collection and disposal services.
In addition to all other powers and duties now conferred by
law upon county commissions, such commissions are hereby
empowered to establish, operate and maintain, either directly or
by contract, garbage and refuse residential solid waste
collection and disposal services. and to County commissions may
pay for the establishment, operation and maintenance of such
collection and disposal these services, in whole or in part,
either out of general funds in the county treasury, or out of
special funds to be derived from fees charged to and paid by the
users of such services or a combination of both such general
revenue or special fund: Provided, That the power and authority
hereby conferred upon county commissions shall not be exercised
in territory included within the boundaries of any municipal
corporation, except as provided herein. Any county commission for the purpose of implementing this section is hereby authorized
to enter into such contract or contracts with any municipality or
county within this state for the purposes of carrying out the
powers vested in such county commissions by this section, and all
said county commissions may, pursuant to such contract, exercise
the authority herein granted within such contracting
municipality: Provided, however, That where an area is
furnished garbage and refuse solid waste collection service by
an existing a certified motor carrier under authority issued by
the public service commission of West Virginia, the county
commission may enter into contracts or agreements with such
carrier to supplement such existing service, but shall not enter
into any competing service without authority being granted by the
public service commission.
The term "users" as used herein shall mean and include any
person to whom such services are made available under the
provisions of this section.
The authority granted by this section expires on the first
day of January, one thousand nine hundred eighty-nine.
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(NOTE: The purpose of this bill is to allow county
commissions the option of establishing and operating solid waste
collection and disposal services.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)