H. B. 2676
(By Delegates Fleischauer, Manuel and Johnson)
[Introduced February 23, 1995; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section two-a, article five, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to term limits for board
and commission members.
Be it enacted by the Legislature of West Virginia:
That section two-a, article five, chapter six of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD
OFFICE.
§6-5-2a. Appointments to state boards, agencies, commissions and committees affected by changes in congressional
districts.
Any amendment of section three, article two, chapter one of
this code relating to congressional districts shall not affect
the qualification or tenure of office of any person who was
appointed a member of any state board, agency, commission or
committee prior to the effective date of such amendment; however,
all appointments made after the effective date of such amendment
to any state board, agency, commission or committee on which
membership is affected by congressional district requirements
shall be made in accordance with the congressional district
arrangement provided by said amendment.
If the total number of members prescribed by law on any
board, agency, commission or committee, on which membership is
affected by congressional district requirements, shall exceed the
members from congressional district requirements, shall exceed
the members from congressional districts, the excess members
shall be appointed at large, unless otherwise provided for in
this code.
All appointments to any state board or commission pursuant to any authority granted unto any appointing person or other
entity shall, notwithstanding any code provision to the contrary,
be for no more than two terms. In any event wherein the term is
greater than three years, no two terms of service shall exceed
seven years.
NOTE: The purpose of this bill is to limit to two terms or
seven years, whichever is greater, any appointment to any board
or commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.