COMMITTEE SUBSTITUTE
FOR
H. B. 2772
(By Mr. Speaker, Mr. Kiss, and Delegate Staton)
(Originating in the Committee on the Judiciary)
[February 19, 1999]
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 the public service
commission; increasing the salary of public service commission
commissioners; and extending the public service commission
until two thousand one.
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
, and chapter
twenty-four-c 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 two thousand one. 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-seven 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.