SB 740 Text

ENROLLED
COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 740
(Senator Unger, original sponsor)
____________
[Passed March 7, 2008; in effect from passage.]
____________

AN ACT to reform the county commission of Berkeley County under the provisions of section thirteen, article IX of the Constitution of West Virginia.

Be it enacted by the Legislature of West Virginia:
BERKELEY COUNTY COMMISSION.
§1.

Legislative findings.

(a) The Legislature finds that:
(1) The county commission of Berkeley County submitted a resolution requesting reformation of the county commission pursuant to section thirteen, article IX of the West Virginia Constitution;
(2) Berkeley County has experienced growth which has caused the business before the commission to dramatically increase; and
(3) Because of this growth, the citizens of the county feel consideration of the county's business should be shared among a greater number of elected officials.
(b) Therefore, the Legislature declares that pursuant to the request in the resolution, Berkeley County is authorized to place before the voters of Berkeley County the question of a new tribunal consisting of five members, which tribunal shall be called the Berkeley County Council.
§2. Submission to voters of question of reformation of the county commission; publication.

(a) At the general election held on the fourth day of November, two thousand eight, the question of the reformation of the county commission of Berkeley County, as provided in this act, shall be submitted to the voters of Berkeley County on a ballot furnished by the county commission, in the following form:
? "For increasing the county commission to five members and renaming the commission the Berkeley County Council."
? "Against increasing the county commission to five members and renaming the commission the Berkeley County Council."
(b) Notice of the election on the question shall be given by publication of this act in each weekly or daily newspaper as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the code in the county at least once in each week for two successive weeks immediately preceding the election.
§3. Election of Berkeley County Council members.

(a) At the primary election to be held in the year two thousand ten, persons shall be nominated as members of the Berkeley County Council. The election of the three new council members will be held at the general election scheduled for the first Tuesday in November, two thousand ten.
(b) The three new council members shall be elected for staggered terms of two, four and six years respectively. The terms of the newly elected council members will be decided as follows:
(1) The six-year term to the newly elected member who received the greatest number of votes;
(2) The four-year term to the newly elected member who received the second greatest number of votes; and
(3) The two-year term to the newly elected member who received the third greatest number of votes.
(c) The other two members of the council shall be those members of the Berkeley County Commission whose terms will not have ended by the first day of January, two thousand eleven. These two members shall serve until their original commission terms expire.
(d) After the initial term, each council member serves a six-year term.
(e) No two members of the council shall be from the same magisterial district and all members shall be elected from the county at large.
(f) The new council shall become effective and the members shall take office on the first day of January, two thousand eleven.
§4. Powers and duties.
(a) The new Berkeley County Council has the same powers, duties and responsibilities as a county commission, as provided in the constitution and the general laws of this state.
(b) A majority of the members of the council constitutes a quorum.
§5. Elections.
The elections set forth in this act shall conform in all respects to the election laws and rules administered by the West Virginia Secretary of State.

Print On Demand