HB 393 — AN ACT relating to water district commissioners and declaring an emergency.

UNOFFICIALCHAPTER COPY43 211 RSCHAPTER 43 ( HB 393/GA393 ) AN ACT relating to water district commissioners and declaring an emergency.

Initial appointments shall be for terms of two (2), three (3), and four (4) years, as designated by the court.court;

Orders establishing the extension shall provide for the staggering of initial terms in an Page 1 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA equitable manner.manner;

and (c) If a district acquires an existing water or gas distribution system serving an area which extends beyond the boundaries of the district into one (1) or more additional counties, or if a district extends its area to include territory in one (1) or more adjacent counties as provided by KRS 74.115, it may operate the distribution system so acquired, or extended, without adding additional board members, if the new area to be served shall be deemed to be a minor portion of the total area served by the district, and if the fiscal court of the county containing the minor portion of the total area shall have agreed to the acquisition or to the extension of the distribution system.

If less than twenty-twenty-five five percent (25%) of the total assets of the distribution system are located within any particular county included in the territorial boundaries of the district, it shall be conclusively presumed, with respect to that particular county, that the district comes within the terms of this subsection.

Page 2 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA (5) The commission shall elect a chairman, vice chairman, secretary, treasurer, and any other officers and assistant officers as the commission may deem necessary, each of whom shall be members of the commission.

(6) Each commissioner shall receive an annual salary of not more than thirty-six hundred dollars ($3,600), which shall be paid out of the water district fund, except that beginning January 1, 1999, and subject to subsection (9) of this section, each commissioner who completes during an educational year a minimum of six (6) Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY instructional hours of water district management training approved by the Public Service Commission may receive an annual salary of not more than six thousand dollars ($6,000) to be paid out of the water district fund.

In the case of single-single-county county districts, which shall be deemed to include districts described in paragraph (c) of subsection (1) of this section, the salary shall be fixed by the county judges/executive with the approval of the fiscal court;

Those Page 3 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA commissioners not required to complete the six (6) instructional hours shall be reimbursed for the cost of instruction if they choose to complete the water district training.

A commissioner Page 4 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA required to attend a program under this subsection shall be reimbursed for the cost of instruction by his or her water district.

CHAPTER 43 3 (a) If the boundaries of the resulting district lie wholly within a single county, the Page 5 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA board of commissioners shall be composed of between three (3) and seven (7) members as agreed upon by the merged water districts in their merger documents.documents;

and (b) If the boundaries of the resulting district lie within two (2) or more counties, the board of commissioners shall be composed of six (6) or more members as agreed upon by the merged water districts in their merger documents.

Bonded obligations of any district secured by the right to levy an assessment as provided by KRS 74.130 through 74.230 or secured by the revenue of the systems operated by the district shall continue to be retired or a sinking fund for such purpose created from the tax assessments or revenue from the system operated by the district from funds collected over the same area by the new board of commissioners in accordance with Page 6 of 7 HB039310.100 - 1645 - XXXX GA UNOFFICIAL COPY 21 RS HB 393/GA the laws under which the bonds were issued until all bonded obligations of the old district have been retired.

PageSigned 7by ofGovernor 7March HB039310.10018, -2021. 1645 - XXXX GA

Legislative Research Commission PDF Version