H. B. 4084


(By Delegates Martin, Michael and Border)
[Introduced January 21, 1994; referred to the
Committee on Government Organization.]




A BILL to amend and reenact sections two and six, article one-d, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of West Virginia's membership in the Ohio River valley water sanitation commission compact and changing ex officio membership to the director of the division of environmental protection.
Be it enacted by the Legislature of West Virginia:

That sections two and six, article one-d, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 1D. OHIO RIVER VALLEY WATER SANITATION COMMISSION.
§ 29 - 1D - 2. Appointment of members of commission; director of the division of environmental protection member ex officio.

In pursuance of article four of said compact, there shall be three members of the "Ohio River valley water sanitation commission" from the state of West Virginia. The governor, by and with the advice and consent of the Senate, shall appoint two persons as two of such commissioners, each of whom shall be a resident and citizen of this state. The terms of one of the said two commissioners first appointed shall be three years and of the other shall be six years; and their successors shall be appointed by the governor, by and with the advice and consent of the Senate for terms of six years each. Each commissioner shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of any such commissioner from any reason or cause shall be filled by appointment by the governor, by and with the advice and consent of the Senate, for the unexpired term. The third commissioner from this state shall be the state director of health director of the division of environmental protection ex officio, and the term of any such ex officio commissioner shall terminate at the time he ceases to hold said the office of state director of health director of the division of environmental protection, and his successor as a commissioner shall be his successor as said state director of health the director of the division of environmental protection. With the exception of the issuance of any order under the provisions of article nine of the compact, said the ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department division or office, the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. The terms of each of the initial three members shall begin at the date of the appointment of the two appointive commissioners, provided the said compact shall then have gone into effect in accordance with article eleven of the compact; otherwise shall begin upon the date which said compact shall become effective in accordance with said article eleven.

Any commissioner may be removed from office by the governor.
 § 29 - 1D - 6. When article effective; findings; continuation.
This article shall take effect and become operative and the compact be executed for and on behalf of this state only from and after the approval, ratification, and adoption, and entering into thereof by the states of New York, Pennsylvania, Ohio, and Virginia.
After having conducted a performance and fiscal audit preliminary performance review 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 West Virginia should remain a member of the compact. Accordingly, notwithstanding the provisions of section four, article ten, chapter four of this code, West Virginia shall continue to be a member of this compact until the first day of July, one thousand nine hundred ninety-four two thousand.
NOTE: The purpose of this bill is to change the ex officio member of the Ohio River Valley Water Sanitation Commission compact from the director of the department of health to the director of the division of environmental protection, and to continue West Virginia's membership in the compact until July 1, 2000.