Senate Bill No. 567
(By Senator Bowman, By Request)
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[Introduced February 17, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section five, article two-a, chapter
seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the commissioner
and employees of the division of highways; and allowing
county road supervisors to run for and hold political
office.
Be it enacted by the Legislature of West Virginia:
That section five, article two-a, chapter seventeen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-5. Disqualifications of commissioner and personnel;
vacation of position.
(a) No person, while in the employ of or holding any official relation to any person, firm or corporation selling or
furnishing materials entering into the construction,
reconstruction, repair or maintenance of any state roads or
highways, or any part thereof, or who is pecuniarily interested
therein as a stockholder or otherwise, shall may be appointed
commissioner or be otherwise employed in any capacity or
employment by the commission or commissioner division of
highways. Any such interest in or connection with any such
person, firm or corporation, acquired by the commissioner or any
such employee of the commission or commissioner division
subsequent to his or her appointment or employment, shall
immediately disqualify such disqualifies the person from holding
the office of commissioner or any other position or employment by
the commission or commissioner division and such the office or
position of employment, as the case may be, shall be immediately
vacated.
(b) No person may be appointed as commissioner or employed
in any other capacity or employment by the commission or
commissioner division when he or she is a candidate for or holds any public office or is a member of any political party
committee. In the event the commissioner or any employee of the
commission or commissioner division becomes a candidate for or
holds any public office or becomes a member of any political
party committee, his or her office as commissioner or position as
employee, as the case may be, shall be immediately vacated.
(c) Notwithstanding the provisions of subsection (b) of
this section and, if applicable, the provisions of subsections
(e) and (g), section twenty, chapter twenty-nine of this code,
a county road supervisor may be a candidate for public office or
for membership on a political party committee
and hold a public
office or serve on a political party committee
, as long as those
activities do not interfere with the discharge of his or her
duties as a county road supervisor.
NOTE: The purpose of this bill is to allow county road
supervisors employed by the Division of Highways to run for and
hold political office.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.