H. B. 2317


(By Delegate Louisos)

[Introduced January 16, 2003; 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, relating 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 four, 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 or 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, 2004. 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.