Senate Bill No. 81
(By Senators Holliday and Boley)
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[Introduced January 21, 1994; referred to the Committee
on Government Organization.]
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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 sanitationcommission" 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 ofthe 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.
Strike-throughs indicate language that would be stricken
from 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 during the 1994 Regular
Session.