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.