Senate Bill No. 29
(By Senator Hunter)
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[Introduced January 12, 2000; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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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.
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 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 may receive 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; for districts with six hundred customers or
more but fewer than two thousand customers, each board member may
receive 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; for districts with two thousand
customers or more, each board member may receive 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 for districts with four thousand or
more customers, each board member may receive 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. Those public service districts which also sell water for
resale to other water utilities may instead adopt the following
method of determining salaries for its board members: For
districts with annual revenues of less than fifty thousand
dollars, each board member may receive 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; for districts with
annual revenues of fifty thousand dollars or more, but less than
two hundred fifty thousand dollars, each board member may receive 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; for districts with annual revenues of two
hundred fifty thousand dollars or more, but less than five
hundred thousand dollars, each board member may receive 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 for districts with annual
revenues of five hundred thousand dollars or more, each board
member may receive 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. 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. 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 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.
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.