ENGROSSED
Senate Bill No. 449
(By Senators Bowman, Bailey, Burnette, Kessler, Minard, Redd,
Rowe and Boley)
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[Originating in the Committee on Government Organization;
reported March 8, 2001.]
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A BILL to amend and reenact section three, article one, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
ten, all relating to continuing the public service commission.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section ten,
all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued membership; chairman; compensation.
(a) The public service commission of West Virginia, heretofore
established, is continued and directed as provided by the
provisions of this chapter, chapter twenty-four-a, chapter twenty-
four-b and chapter twenty-four-d of this code. After having
conducted a performance audit 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 the public service commission should be continued and
reestablished. Accordingly, notwithstanding the provisions of
section five, article ten, chapter four of this code, the public
service commission shall continue to exist until the first day of
July, two thousand one. The public service commission may sue and
be sued by that name. The public service commission shall consist
of three members who shall be appointed by the governor with the
advice and consent of the Senate. The commissioners shall be
citizens and residents of this state and at least one of them shall
be duly licensed to practice law in West Virginia, with not less
than ten years' actual work experience in the legal profession as
a member of a state bar. No more than two of the commissioners
shall be members of the same political party. Each commissioner
shall, before entering upon the duties of his or her office, take and subscribe to the oath provided by section five, article IV of
the constitution of this state. The oath shall be filed in the
office of the secretary of state. The governor shall designate one
of the commissioners to serve as chairman at the governor's will
and pleasure. The chairman shall be the chief administrative
officer of the commission. The governor may remove any
commissioner only for incompetency, neglect of duty, gross
immorality, malfeasance in office or violation of subsection (c) of
this section.
(b) The unexpired terms of members of the public service
commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter, or holding any stocks or bonds of a public utility subject
to the provisions of this chapter, or who is pecuniarily interested
in a public utility subject to the provisions of this chapter, may
serve as a member of the commission or as an employee of the commission. Nor may any commissioner be a candidate for or hold
public office, or be a member of any political committee, while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the public service commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective the first day
of July, one thousand nine hundred ninety-six, and in light of the
assignment of new, substantial additional duties embracing new
areas and fields of activity under certain legislative enactments,
each commissioner shall receive an annual salary of sixty-five
thousand dollars to be paid in monthly installments from the
special funds in the amounts that follow:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
fifty-two thousand dollars;
(2) From the public service commission motor carrier fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, ten thousand eight hundred fifty
dollars; and
(3) From the public service commission gas pipeline safety
fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, two thousand one hundred fifty
dollars.
In addition to this salary provided for all commissioners, the
chairman of the commission shall receive five thousand dollars per
annum to be paid in monthly installments from the public service
commission fund collected under the provisions of section six,
article three of this chapter on and after the first day of July,
one thousand nine hundred ninety-six.
§24-1-10. Termination of commission.
The public service commission shall terminate on the first day
of July, two thousand three, pursuant to the provisions of article
ten, chapter four of this code unless sooner terminated, continued
or reestablished pursuant to the provisions of that article.
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(NOTE: The purpose of this bill is to continue the public
service commission until July 1, 2003, pursuant to the West
Virginia sunset law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for passage by the joint committee
on government operations.)