ENGROSSED


Senate Bill No. 661

(By Senators Bowman, Bailey, Dawson,

Kessler, Minard, Redd, Snyder,

Wooton and Boley)

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[Originating in the Committee on Government Organization;


reported March 1, 2000.]

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A BILL to reform, alter and modify the county commission of Wirt County under the provisions of section thirteen, article IX of the constitution of West Virginia.

Be it enacted by the Legislature of West Virginia:
WIRT COUNTY COMMISSION.
§1.
Legislative findings.


The Legislature hereby finds and declares that, by a petition presented to the county commission of the county of Wirt, at least ten percent of the registered voters of said county have requested the reformation, alteration and modification of the county commission of said county, so as to replace the county commission with a new form of administration entitled the county administrators. The Legislature further finds and declares that, by a letter dated the eighteenth day of January, two thousand, said county commission has verified that the petition is proper and has requested the Legislature to so reform, alter and modify said county commission, as required by the provisions of section thirteen, article nine of the constitution of this state. The Legislature further finds and declares that it fulfills the mandatory requirements of said petition and of said section thirteen of the constitution by the provision of this act.
§2.
Reformation, alteration and modification of the Wirt County commission; composition; application of laws.

That on and after the first day of January, two thousand one, a tribunal of five persons called the county administrators shall replace the previous and existing county commission in the county of Wirt, and shall have the powers, duties and responsibilities of a county commission as provided for in the constitution and general laws of this state. Notwithstanding any other provision to the contrary, any reference to a county commission or to county commissioners in the constitution or laws of this state shall be construed to include and to reference the county administrators in the county of Wirt, unless the reference conflicts with a specific provision of this act.
§3.
Election of county administrators; terms of office; meetings; chief administrator; compensation; exception.

At the general election to be held in the year two thousand, there shall be elected on a nonpartisan ballot by the voters of the county of Wirt, five county administrators, no more than two to be elected from any one county district. If three or more persons residing in the same district shall receive the greatest number of votes cast at any election then only two of such persons receiving the highest number shall be declared elected, and the person living in another district, who shall receive the next highest number of votes, shall be declared elected. The county administrators shall hold office for a term of four years and may serve no more than two consecutive terms, except that at the first meeting of said county administrators elected in the year two thousand, the administrators shall designate the person receiving the highest number of votes in each of the county's three districts and those three county administrators shall serve initial four year terms. The elected county administrator who received the next highest number of votes and the elected county administrator with the least amount of votes shall each serve an initial two year term and then may each stand for reelection to four year terms.
The county administrators shall meet at least twenty-four times annually and may call such special meetings as needed. including meetings as the board of equalization. Each county administrator shall receive one hundred dollars for each meeting attended. At the first meeting of said county administrators elected in the year two thousand, the administrators shall designate by lot, or otherwise in such manner as they may determine, one of their number who shall serve as chief administrator. The chief administrator shall serve as chairperson of the county administrators and the position shall be rotated on an annual basis.
§4.
Submission to voters of question of reformation, alteration and modification of the county commission.

At the primary election to be held in the year two thousand, the question of the reformation, alteration and modification of the county commission as provided in this act shall be submitted to the voters of Wirt County voting at such election, on a separate ballot furnished by the county commission, in the following form:

"For reformation of the county commission.
?

Against reformation of the county commission.
?"


§5. Effect of result of vote on modification of the county commission.

If a majority of the votes cast upon the question be for reformation of the county commission, this act shall be and remain in full force and effect; but, if a majority of said votes be against reformation of said county commission, said act shall be void and of no further force and effect.