H. B. 2016
(By Delegates J. Martin and Love)
[Introduced February 10, 1993; referred to the
Committee on Government Organization.]
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 continuation of
the public service commission.
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:
ARTICLE 1. GENERAL PROVISIONS.
ยง24-1-3. 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 of
this code. Pursuant to 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-three, to allow for the completion of an
audit by the joint committee on government operations. After
having conducted a performance audit through its joint committeeon 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. The public
service commission may sue and be sued by that name. Such 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, of not less than ten years' actual
experience at the bar. No more than two of said commissioners
shall be members of the same political party. Each commissioner
shall, before entering upon the duties of his office, take and
subscribe to the oath provided by section five, article four of
the constitution, which 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 term of members of the public service
commission at the time this subsection becomes effective arecontinued through the thirtieth day of June, one thousand nine
hundred seventy-nine. In accordance with the provisions of
subsection (a) of this section, the governor shall appoint three
commissioners, one for a term of two years, one for a term of
four years and one for a term of six years, all the terms
beginning on the first day of July, one thousand nine hundred
seventy-nine. All future 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
thereof, or who is pecuniarily interested therein, may serve as
a member of the commission or as an employee thereof. Nor may
any such commissioner be a candidate for or hold public office,
or be a member of any political committee, while acting as such
commissioner; nor may any commissioner or employee of said
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 from office and shall appoint a new commissioner to
fill the vacancy created.
(d) Effective the first day of November, one thousand nine
hundred ninety-one, and 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 thousand dollars to be
paid in monthly installments from the special funds in such
amounts as follows:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
forty-eight 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 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 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 January, one thousand nine hundred ninety-two.
NOTE: This bill provides for the continuation of the Public
Service Commission until July 1, 1999, the maximum period of time
allowed under the Sunset Law.
Strike-throughs indicate language that would be strickenfrom the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage at the 1993 Regular Session.