SENATE CONCURRENT RESOLUTION NO. 25
(By Senators Wooton, Ball, Dawson, Dittmar, Hunter, Kessler,
McCabe, Minard, Mitchell, Oliverio, Redd, Ross, Snyder, Deem
and McKenzie)
[Originating in the Committee on the Judiciary.]
Requesting the Joint Committee on Government and Finance conduct
a study of the responsibility of property owners for unpaid
and delinquent charges for tenants' water and sewer services
imposed by municipal, county and public service districts in
West Virginia.
Whereas,
A property owner is not liable for tenants' unpaid
charges for sewer services imposed by municipal sewer systems
under section twenty-three, article eighteen, chapter eight of
the code of West Virginia; and
Whereas,
A property owner is liable for tenants' unpaid
charges for water services imposed by
municipal or county water
systems under section twelve-a, article eighteen, chapter eight
of the code of West Virginia;
Whereas,
A property owner is not liable for tenants' unpaid
charges for water and sewer services imposed by
municipal
combined water and sewer systems under section ten, article twenty, chapter ten of the code of West Virginia
;
Whereas,
A property owner is liable for tenants' unpaid
charges for water and sewer services imposed by
public service
districts but a property owner may request that the services be
shut off after sixty days under section nine, article thirteen-a,
chapter sixteen of the code of West Virginia
;
Whereas, Conflicting policy and laws should be reconciled
for the benefit of all the citizens of the State of West
Virginia;
Whereas, The Legislature should establish a policy whether,
and under what circumstances, liability should be imposed upon
property owners for unpaid tenants' charges for water and sewer
services by municipal, county and public service districts
furnishing water and sewer services, and, if so, whether that
liability should be limited to a certain number of months of
delinquency and whether the property owner should be able to
request or demand that the water or sewer service be terminated
after a certain number of months of delinquency; and
Whereas, The Legislature needs accurate information on water
and sewer services furnished by municipal, county and public
service districts; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the responsibility of property owners for
unpaid and delinquent charges for tenants' water and sewer
services imposed by municipal, county and public service
districts in West Virginia and the concerns expressed above; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2001,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.