H. B. 3200
(By Delegates Susman, Fleischauer, Marshall,
Beach, Longstreth, Moye and Porter)
[Introduced March 18, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact
§24-1-3
of the Code of West Virginia,
1931, as amended, relating to the Public Service Commission;
providing for election of commissioners; compensation; term of
office; prohibiting contributions for election from utilities
regulated by the Public Service Commission
; and requiring the
Public Service Commission to establish
procedures for the
removal of any of its commissioners for inactivity, neglect of
duty or malfeasance.
Be it enacted by the Legislature of West Virginia:
That
§24-1-3
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; 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 shall continue to exist until July 1,
two thousand three. 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 elected by the voters of this
state in a manner provided for in this section. 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
who shall be
elected by the commission shall be the chief administrative officer of the
commission.
The chairman or any other commissioner may be removed
from office for conviction of a felony or a misdemeanor involving
moral turpitude, malfeasance in the office or for a willful
violation of this chapter or any rule, regulation or order provided
for in this chapter. Removal of a member shall be conducted in the
manner provided in section three, article six, chapter six of this
code. 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 until the end of their respective terms or until the
elected commissioners take office, whichever first occurs. 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. A
commissioner shall be elected at the general election to be held in
the year 2010, for a term of two years, and two commissioners shall
be elected at the general election held in the year 2012, for a
term of four years, all the terms beginning on January 1. All
future elections are for terms of six years, except that an
election 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 election. A person seeking election to
the Public Service Commission, or reelection, may not accept
contributions from the officers, employees or agents of any public
utility subject to the provisions of this chapter.
(c) No A 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 not be elected to 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 If 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 a vacancy shall be determined to exist in that
commissioner's office.
(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 July 1, 2001,
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 $5,000 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.
(e) The Public Service Commission shall establish procedures
for the removal of any of its commissioners for inactivity, neglect
of duty or malfeasance. The procedures must contain provisions
requiring that the person be provided with a written statement of the reasons for removal, an opportunity to be heard on the matter,
and a final vote on the matter forthwith by the other commissioners
after the hearing has concluded.
NOTE: The purpose of this bill is to provide for the election
of Public Service Commissioners, and requiring the Public Service
Commission to establish
procedures for the removal of any of its
commissioners for inactivity, neglect of duty or malfeasance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.