WEST virginia legislature

2022 regular session

Committee Substitute

for

House Bill 4062

By Delegate Criss
(By Request of the Division of Highways)

[Originating in the Committee on Government Organization; January 19, 2022]

A BILL to amend and reenact §17-2A-2 of the Code of West Virginia, 1931, as amended, relating to removing the residency requirement for the Commissioner of the Division of Highways.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

§17-2A-2. Qualifications; residency and office requirements; devotion of full time to duties; supervisory authority; oath; bond.

The commissioner shall be a person who is experienced in highway planning, finance, construction, maintenance, management and supervision qualifying him or her for the duties of his or her office; shall devote his or her full time and attention to his or her official duties and responsibilities; shall reside at and maintain his or her office headquarters at the state capital; shall be the chief executive officer of the commission and, subject to other provisions of law, shall have direct and full control, management and supervision of the entire state road program and system; and shall, prior to assumption of the duties of his or her office, take and subscribe to the oath prescribed by the Constitution and execute a bond, with surety approved by the commission, in the penal sum of $25,000, which executed oath and bond shall be filed with the Secretary of State. Premiums on the commissioner’s bond shall be paid from commission funds.

NOTE: The purpose of this bill is to remove the residency requirement for the Commissioner of the Division of Highways. The Commissioner of Highways is the only commissioner currently required to reside at the “state capital”.

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