Senate Bill No. 635
(By Senators Wooton, Ball, Dittmar,
Fanning, Hunter, Ross, Snyder and Deem)
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[Originating in the Committee on the Judiciary;
reported February 20, 1998.]
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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 authorizing
persons who are members of political party committees to
perform services as an independent contractor for the division
of highways.
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 be appointed commissioner or be otherwise employed
in any capacity or employment by the commission division or
commissioner. Any such interest in or connection with any such
person, firm or corporation, acquired by the commissioner or any
such employee of the commission division or commissioner subsequent
to his appointment or employment, shall immediately disqualify such
person from holding the office of commissioner or any other
position or employment by the commission division or commissioner
and such 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 division or
commissioner when he 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 division or
commissioner becomes a candidate for or holds any public office or
becomes a member of any political party committee, his office as
commissioner or position as employee, as the case may be, shall be
immediately vacated. The provisions of this subsection which
prohibit a member of any political party committee from being
employed by the commissioner or otherwise within the division of
highways do not apply to persons who provide a service under
contract as an independent contractor for the commissioner or for
the division.
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(NOTE: This bill would allow members of political party
committees to provide services as an independent contractor for the
division of highways.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)