H. B. 4048
(By Delegate Louisos)
[Introduced January 16, 2002; referred to the
Committee on the Judiciary.]
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, related to providing that
public service commission members are elected; providing for
a schedule of upcoming elections; requiring that candidates
run on a nonpartisan basis; providing for an application fee;
and providing that the governor may appoint commissioners to
unexpired terms when vacancies occur.
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 to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; election of members; chairman;
compensation.
(a) The public service commission of West Virginia is
continued and directed as provided by 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 currently holding office by virtue of
appointment by the governor shall continue to exist until the first
day of July, two thousand three, at which time a statewide election
will be held to elect a successor commission. The next election
thereafter, shall coincide with the most recently scheduled
gubernatorial general election to be held in the year two thousand
four. Thereafter, elections are held at four-year intervals to
coincide with subsequent gubernatorial general elections.
Candidates for the public service commission shall complete an
application for candidacy which is designed and provided by the
office of the secretary of state. They shall, additionally, pay an election application fee of seven hundred dollars to the office
of the secretary of state, the fee to be paid no later than one
hundred twenty days prior to the election in which they intend to
be a candidate. Elections are held on a nonpartisan basis. 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 Candidates for the commission shall be
citizens and residents of this state who are twenty-one years of
age of older. 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 elected commissioners shall designate one of
the commissioners among themselves 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 service on the commission may only occur upon
election of a member, as provided for above, except that an
appointment to fill a vacancy is that occurs prior to the next
scheduled election may be made by the governor for the unexpired
term only. The commissioners whose terms are terminated by the
provisions of this subsection are eligible for reappointment may
seek election to the commission thereafter.
(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
make application for election to nor serve as a member of the
commission or as an employee of the commission. Nor may any
commissioner or candidate for commissioner be a candidate for or hold public office or be a member of any political committee while
running for the commission or acting as a commissioner; nor may any
candidate for the commission, 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 unexpired 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, two thousand one, the annual salary of each commissioner
provided in section two-a, article seven, chapter six of this code
shall be paid in monthly installments from the special funds in the
percentages that follow:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(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, seventeen percent; 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, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, 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.
NOTE: The purpose of this bill is to provide that public
service commission members are elected by statewide election. The
bill further provides that public service commission candidates run
on a nonpartisan basis, the first such election to be held on July
1, 2003. Thereafter, election to the commission occurs during each
gubernatorial general election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.