Introduced Version
House Bill 3144 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3144
(By Delegate Westfall)
[Introduced
March 25, 2013
; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §16-13-18 of the Code of West Virginia,
1931, as amended, relating to supervision of works by a
sanitary board; providing that if a professional engineer is
under contract for a project, an engineer is not required to
serve on the sanitary board.
Be it enacted by the Legislature of West Virginia:
That §16-13-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.
§16-13-18. Supervision of works by sanitary board; organization
of board; qualifications, terms and compensation of
members.
(a) The governing body shall provide by ordinance the
organization of the board, and that the custody, administration, operation and maintenance of such works shall be under the
supervision and control of a sanitary board, created as herein
provided.
(b) Such The sanitary board shall be composed of either the
mayor of the municipality, or the city manager thereof, if said the
municipality shall have a city manager form of government, and two
persons appointed by the governing body: Provided, That, in the
event of an acquisition or merger of an existing works, the
governing body may increase the membership to a maximum of four
members in addition to the mayor or city manager of the
municipality served by the board.
(c) During the construction period, one of the members must be
a registered professional engineer, except that if a registered
professional engineer is under contract for the project, the
membership of the board is not required to include a registered
professional engineer. The engineer member of the board need not
be a resident of said the municipality. After the construction of
the plant for which no registered professional engineer is under
contract has been completed, the engineer member may be succeeded
by a person not an engineer. No officer or employee of the
municipality, whether holding a paid or unpaid office, shall be is
eligible to appointment on said sanitary board until at least one
year after the expiration of the term of his or her public office.
The appointees shall originally be appointed for terms of two and three years respectively, and upon the expiration of each term and
each succeeding term, an appointment of a successor shall be made
in like manner for a term of three years. Vacancies shall be filled
for an unexpired term in the same manner as the original
appointment. Each member shall give such bond, if any, as may be
required by ordinance. The mayor or city manager shall act as
chairman of the sanitary board, which shall elect a vice chairman
from its members and shall designate a secretary and treasurer (but
the secretary and the treasurer may be one and the same), who need
not be a member or members of the sanitary board. The vice
chairman, secretary and treasurer shall hold office as such at the
will of the sanitary board.
(d) The members of the sanitary board shall receive
compensation for their services, either as a salary or as payments
for meetings attended, as the governing body may determine, and
shall be entitled to payment for their reasonable expenses incurred
in the performance of their duties. The governing body shall fix
the reasonable compensation of the secretary and treasurer in its
discretion, and shall fix the amounts of bond to be given by the
treasurer. All compensation, together with the expenses in this
section referred to, shall be paid solely from funds provided under
the authority of this article. The sanitary board shall have power
to establish bylaws, rules and regulations for its own government.
NOTE: The purpose of this bill is to provide that a sanitary
board is not required to have a registered professional engineer
serving on the board if the board is supervising construction of a
project for which a registered professional engineer is under
contract.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.