H. B. 2886
(By Delegates Proudfoot, Buchanan, Boggs, Anderson,
Claypole, Border and Overington}
(Originating in the Committee on
Agriculture and Natural Resources)
[April 2, 1997]
A BILL 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 natural resources
commission.
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 -- Generally.
(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 thirtiththirtieth day of June, oneone thousand nine hundred and ninety- seven.
(d) The members of the commission shall be citizens and
residents of the state; Provided, tThat 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.