H. B. 4533


(By Delegate Davis)
[Introduced February 24, 1998; referred to the
Committee on Roads and Transportation then the Judiciary.]



A BILL to amend and reenact section five, article two-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the commissioner and employees of the division of highways; and allowing county road supervisors to run for and hold political office.

Be it enacted by the Legislature of West Virginia:
That section five, article two-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-5. Disqualifications of commissioner and personnel; vacation of position.

(a) No person, while in the employ of or holding any official relation to any person, firm or corporation selling or furnishing materials entering into the construction, reconstruction, repair or maintenance of any state roads or highways, or any part thereof, or who is pecuniarily interested therein as a stockholder or otherwise, shall may be appointed commissioner or be otherwise employed in any capacity or employment by the commission or commissioner division of highways. Any such interest in or connection with any such person, firm or corporation, acquired by the commissioner or any such employee of the commission or commissioner division subsequent to his or her appointment or employment, shall immediately disqualify such disqualifies the person from holding the office of commissioner or any other position or employment by the commission or commissioner division and such the office or position of employment, as the case may be, shall be immediately vacated.
(b) No person may be appointed as commissioner or employed in any other capacity or employment by the commission or commissioner division when he or she is a candidate for or holds any public office or is a member of any political party committee. In the event the commissioner or any employee of the commission or commissioner division becomes a candidate for or holds any public office or becomes a member of any political party committee, his or her office as commissioner or position as employee, as the case may be, shall be immediately vacated.
(c) Notwithstanding the provisions of subsection (b) of this section and, if applicable, the provisions of subsections (e) and (g), section twenty, chapter twenty-nine of this code, a county road supervisor may be a candidate for public office or for membership on a political party committee and hold a public office or serve on a political party committee , as long as those activities do not interfere with the discharge of his or her duties as a county road supervisor.



NOTE: The purpose of this bill is to allow county road supervisors employed by the Division of Highways to run for and hold political office.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.