H. B. 2997
(By Delegate Louisos)
[Introduced March 9, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §24-1-3 of the Code of West Virginia,
1931, as amended, relating to requiring commissioners of the
Public Service Commission to be elected.
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 July 1,
2003. 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 elected to six year terms. 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 three elected
commissioners shall designate one of
the commissioners themselves
to serve as
chairman chairperson. at the Governor's will and
pleasure. The
chairman chairperson shall be the chief
administrative officer of the commission. The
Governor Senate 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. If a vacancy should occur, the Governor shall, with
the advice and consent of the Senate, appoint a replacement who
will serve for the unexpired term.
(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 July 1, 2001,
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 chairperson of the commission shall receive $5,000 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 to require the three
commissioners of the Public Service Commission to be elected to six year terms.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.