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Introduced Version Senate Bill 579 History

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sb579 intr
Senate Bill No. 579

(By Senator Caruth)

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[Introduced February 5, 2008; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to appointment of additional members of a West Virginia community's sanitary board who are nonresidents when the sanitary sewer system serving the community borders another state and the sanitary sewer system is located in that state.

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; authorizing appointment of nonresident board members.

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.
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 has a city manager form of government, and two persons appointed by the governing body: Provided, That, in the event of If there is 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.
During the construction period, one of the members must be a registered professional engineer. The engineer member of the board need not be a resident of said municipality. After the construction of the plant has been completed, the engineer member may be succeeded by a person not an engineer. No An officer or employee of the municipality, whether holding a paid or unpaid office, shall be is not eligible to appointment on said the 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.
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 may establish bylaws, rules and regulations for its own government.
Notwithstanding any provision of this Code to the contrary, if a West Virginia community borders another state, and any part of the sanitary sewer system serving that community is located in the other state, the West Virginia community's sanitary board may authorize the appointment of two members to be appointed by the local government of the area of the other state in which the sanitary sewer system is located, making the membership of that West Virginia community's sanitary board four members plus the mayor or city manager.



NOTE: The purpose of this bill is to authorize the appointment of additional members of a West Virginia community's sanitary board who are nonresidents, when the sanitary sewer system serving the community borders another state and sanitary sewer system serving that community is located in the other state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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