H. B. 2047
(By Delegate Azinger, (By Request))
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §24-1-3 of the Code of West Virginia,
1931, as amended, relating to reducing the term of Public
Service Commission members from six to three years.
Be it enacted by the Legislature of West Virginia:
That §24-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The Public Service Commission of West Virginia is
continued and directed as provided by this chapter, chapter
twenty-four-a, chapter twenty-four-b and chapter twenty-four-d 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 five, article ten, chapter four of this code,
the Public Service Commission shall continue to exist until the
first day of July, two thousand three. 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 three 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, two thousand one, the annual salary of each commissioner
provided in section two-a, article seven, chapter six of this code
shall be paid in monthly installments from the special funds in the
percentages that follow:
(1) From the Public Service Commission Fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(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, seventeen percent; 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, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, 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.
NOTE: The purpose of this bill is to reduce the term of Public
Service Commission members from six to three years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.