Introduced Version
House Bill 2772 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2772
(By Mr. Speaker, Mr. Kiss, and Delegate Staton)
[Introduced February 15, 1999; referred
to the Committee on the Judiciary.]
A BILL to amend and reenact section three, article one, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
salary of public service commission commissioners.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The public service commission of West Virginia, heretofore
established, is continued and directed as provided by this chapter,
chapter twenty-four-a and chapter twenty-four-b of this code.
After having conducted a performance audit through its joint
committee on government operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby finds and declares that the public service commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section four, article ten, chapter four of this code,
the public service commission shall continue to exist until the
first day of July, one thousand nine hundred ninety-nine. The
public service commission may sue and be sued by that name. The
public service commission shall consist of three members who shall
be appointed by the governor with the advice and consent of the
Senate. The commissioners shall be citizens and residents of this
state and at least one of them shall be duly licensed to practice
law in West Virginia, with not less than ten years' actual work
experience in the legal profession as a member of a state bar. No
more than two of the commissioners shall be members of the same
political party. Each commissioner shall, before entering upon the
duties of his or her office, take and subscribe to the oath
provided by section five, article IV of the constitution of this
state. The oath shall be filed in the office of the secretary of
state. The governor shall designate one of the commissioners to
serve as chairman at the governor's will and pleasure. The
chairman shall be the chief administrative officer of the
commission. The governor may remove any commissioner only for
incompetency, neglect of duty, gross immorality, malfeasance in
office or violation of subsection (c) of this section.
(b) The unexpired terms of members of the public service commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter, or holding any stocks or bonds of a public utility subject
to the provisions of this chapter, or who is pecuniarily interested
in a public utility subject to the provisions of this chapter, may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office, or be a member of any political committee, while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the public service commission
and the manner in which they are paid established by the prior enactment of this section are continued. Effective the first day
of July, one thousand nine hundred ninety-six, and in In light of
the assignment of new, substantial additional duties embracing new
areas and fields of activity under certain legislative enactments,
each commissioner shall receive an annual salary of sixty-five
eighty thousand dollars to be paid in monthly installments from the
special funds in the amounts that follow:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
fifty-two sixty-two thousand dollars;
(2) From the public service commission motor carrier fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, ten thousand eight hundred fifty
dollars; and
(3) From the public service commission gas pipeline safety
fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, two thousand one hundred fifty
dollars.
In addition to this salary provided for all commissioners, the
chairman of the commission shall receive five thousand dollars per
annum to be paid in monthly installments from the public service
commission fund collected under the provisions of section six,
article three of this chapter. on and after the first day of July,
one thousand nine hundred ninety-six.
Note: The purpose of this bill is to increase the salaries of the
public service commissioners.