COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 29
(By Senator Hunter)
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[Originating in the Committee on Government Organization;
reported February 8, 2000.]
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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 providing
that a public service district which sells water for resale
to other water utilities in addition to servicing retail
customers may adopt an alternative method of determining the
salaries of its board members which is based on the annual
revenues of the public service district.
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.
(a) The chairman shall preside at all meetings of the board
and may vote as any other members of the board. but If he or she
should be the chairman is 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.
(b) Salaries of each of it's the board members shall be as
follows are:
(1) For districts with fewer than six hundred customers,
each board member may receive up to seventy-five dollars per
attendance at regular monthly meetings and fifty dollars per
attendance at additional special meetings, total salary not to
exceed fifteen hundred dollars per annum;
(2) For districts with six hundred customers or more but
fewer than two thousand customers, each board member may receive
up to one hundred dollars per attendance at regular monthly meetings and seventy-five dollars per attendance at additional
special meetings, total salary not to exceed two thousand five
hundred fifty dollars per annum;
(3) For districts with two thousand customers or more, each
board member may receive up to one hundred twenty-five dollars
per attendance at regular monthly meetings and seventy-five
dollars per attendance at additional special meetings, total
salary not to exceed three thousand seven hundred fifty dollars
per annum; and
(4) For districts with four thousand or more customers,
each board member may receive up to one hundred fifty dollars per
attendance at regular monthly meetings and one hundred dollars
per attendance at additional special meetings, total salary not
to exceed five thousand four hundred 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.
(c) Public service districts selling water to other water
utilities for resale may adopt the following salaries for its
board members:
(1) For districts with annual revenues of less than fifty thousand dollars, up to seventy-five dollars per attendance at
regular monthly meetings and fifty dollars per attendance at
additional special meetings, total salary not to exceed fifteen
hundred dollars per annum;
(2) For districts with annual revenues of fifty thousand
dollars or more, but less than two hundred fifty thousand
dollars, up to one hundred dollars per attendance at regular
monthly meetings and seventy-five dollars per attendance at
special meetings, total salary not to exceed two thousand five
hundred fifty dollars per annum;
(3) For districts with annual revenues of two hundred fifty
thousand dollars or more, but less than five hundred thousand
dollars, up to one hundred twenty-five dollars per attendance at
regular monthly meetings and seventy-five dollars per attendance
at additional special meetings, total salary not to exceed three
thousand seven hundred fifty dollars per annum; and
(4) For districts with annual revenues of five hundred
thousand dollars or more, up to one hundred fifty dollars per
attendance at regular monthly meetings and one hundred dollars
per attendance at additional special meetings, total salary not
to exceed five thousand four hundred dollars per annum.
The public service district shall certify the number of customers served and its annual revenue to the public service
commission beginning on the first day of July, two thousand, and
continue each fiscal year thereafter.
(d) 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 of the board.
(e) 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 for by said section. A majority of the
members constituting the board also constitute a quorum to do
business.
(f) 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 the change shall be is effective from and after the filing
of 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 and with the
public service commission. 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 provide that a public
service district which sells water for resale to other water
utilities in addition to servicing retail customers, may adopt an
alternative method of determining the salaries of its board
members which is based on the annual revenues of the PSD.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)