ENROLLED

H. B. 2886

(By Delegates Proudfoot, Buchanan, Boggs, Anderson,


Claypole, Border and Overington}


[Passed April 12, 1997; in effect ninety days from passage.]




AN ACT to amend and reenact section sixteen, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the natural resources commission; expanding composition of commission to nine members; and designating certain members to represent the several state wildlife resources administrative districts and class two property owners actively engaged in agricultural production.

Be it enacted by the Legislature of West Virginia:
That section sixteen, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§20-1-16. Natural resources commission
(a) The natural resources commission, created and established by provisions of section three of this article, shall be a public benefit corporation and, as such, may sue and be sued, plead and be impleaded, contract and be contracted with, and have and use a common seal. It The commission shall be a commission advisory to advise the director and to the department division of natural resources.
(b) Beginning the first day of July, one thousand nine hundred ninety-seven, the commission shall be composed of seven nine members, known as commissioners, appointed by the governor, by and with the advice and consent of the Senate. The commissioners shall be appointed as follows:
(1) One from each congressional of the six state wildlife resources administrative districts, which are divided into counties as follows:
(A) District 1--Barbour, Brooke, Hancock, Harrison,
Hancock, Marion, Marshall, Monongalia, Ohio, Preston, Taylor , Tucker and Wetzel;
(B) District 2--Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan, and Pendleton;
(C) District 3--Braxton, Clay, Lewis, Nicholas, Pocahontas, Randolph, Upshur and Webster;
(D) District 4--Fayette, Greenbrier, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming;
(E) District 5--Boone, Cabell, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam and Wayne; and
(F) District 6--Calhoun, Doddridge, Gilmer, Jackson Pleasants, Roane, Ritchie, Tyler, Wirt and Wood;
(2) One class-two property owner actively engaged in the production of agricultural products on such land; and
(3) The remainder Two from the state at large., appointed by the governor, by and with the advice and consent of the Senate.
(c) The their terms of office of the commissioners shall begin on the first day of July of the year of appointment and shall be for a period of seven years. , except that The governor, in making the initial appointments, shall designate and define their the respective terms of office so that the term of one member of the commission will expire each year. As initial appointments expire, all subsequent appointments shall be for terms of seven years or for the unexpired term of a member who may have died, resigned or become disqualified. Provided, That nothing herein shall affect the term of those commissioners appointed on or before the thirtieth day of June, one thousand nine hundred and ninety-seven.
(d) The members of the commission shall be citizens and residents of the state; Provided, That each of the commissioners appointed pursuant to this section on or after the first day of July, one thousand nine hundred ninety-seven, must not be a resident of the same county.
(e) The members of the commission shall be selected with special reference to based on their training and experience in relation to the principal activities required of the commission, and for their the ability and fitness to perform their duties within the purposes of this chapter.
(f) No member of the commission shall be a candidate for or hold any public office other than that of member of the commission; nor shall he be a member of any committee of a political party. In case a member becomes a candidate for or accepts appointment to any public office or political party committee, his office as member of the commission shall be immediately vacated.