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Committee Substitute House Bill 4198 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

for

H. B. 4198



(By Delegates Ross and Barker)

[Originating in the Committee on Government Organization]

(February 9, 2010)


A BILL to amend and reenact §22C-7-3 of the Code of West Virginia, 1931, as amended, relating to extending the expired term of a member the Oil and Gas Inspectors' Examining Board until the member's successor is appointed and qualified.

Be it enacted by the Legislature of West Virginia:
That §22C-7-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. OIL AND GAS INSPECTORS' EXAMINING BOARD.
§22C-7-3. Oil and gas inspectors' examining board created; composition; appointment, term and compensation of members; meetings; powers and duties generally.

(a)(1)(A) There is hereby continued an Oil and Gas Inspectors' Examining Board consisting of five members, two of whom shall be ex officio members and three of whom shall be appointed by the Governor, by and with the advice and consent of the Senate.
(B) Appointed members may be removed only for the same causes and in like manner as elective state officers elected public officials.
(C) One member of the board shall be the representative of (i) represent
the public at large; and shall (ii) be a person who is knowledgeable about the subject matter of this article; and has (iii) have no direct financial interest in oil and gas production other than the receipt of royalty payments which do not exceed ten percent of his or her annual income; and who (iv) by reason of previous training or experience, may reasonably be said to represent the viewpoint of surface owners or environmental organizations; .: Provided, That the public member serving on the board on January 1, 2001, shall remain on the board until the expiration of his or her term and is also eligible for reappointment.
(D) One member shall, be a person who by reason of previous training and experience, may reasonably be said to represent the viewpoint of independent oil and gas operators.
(E) One member shall, be a person who by reason of previous training and experience, may reasonably be said to represent the viewpoint of major oil and gas producers.
(2) The chief of the Office of Oil and Gas of the Division Department of Environmental Protection and the chief of the Office of Water Resources of the Division Department of Environmental Protection or their designees shall be ex officio members.
(3) The appointed members of the board shall be are appointed for overlapping terms of six years, except that the original appointments shall be for terms of two, four and six years, respectively in accordance with prior enactments of this article. Any member whose term expires may be reappointed by the Governor. Each member appointed by the Governor may serve until his or her successor has been appointed and qualified.
(4) The board shall pay Each member is entitled to the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the actual discharge of official duties.
(5) The chief of the Office of Oil and Gas or the chief's designee serving pursuant to subdivision (2) of this subsection shall serve as chair of the board: Provided, That for any level three one grievance proceeding the chief or the chief's designee may not serve as a chair or vote. The board shall elect a secretary from its members.
(6) Members of the board, before performing any duty, shall take and subscribe to the oath required by section five, article IV of the Constitution of West Virginia.
(7) The board shall meet at such times and places as shall be designated by the chair. It is the duty of The chair to shall call a meeting of the board on the written request of two members. The Secretary shall give notice of each meeting shall be given in writing to each member by the secretary at least five days in advance of the each meeting. A majority of members is serving on the board constitutes a quorum for the transaction of business.
(b) In addition to other powers and duties expressly set forth elsewhere in this article, The board shall:
(1) Establish, and from time to time revise, forms of application for employment as an oil and gas inspector and supervising inspector, which shall include the applicant's social security number, and forms for written examinations to test the qualifications of candidates, with such distinctions, if any, in the forms for oil and gas inspector and supervising inspector as the board may from time to time deem necessary or advisable;
(2) Adopt and promulgate reasonable rules Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, relating to the examination, qualification and certification of candidates for appointment, and relating to hearings for removal of inspectors or the supervising inspector, required to be held by this article. All of such rules shall be printed and a copy thereof furnished by the secretary of the board to any person upon request;
(3) Conduct, after public notice of the time and place thereof, examinations of candidates for appointment. The board may, by unanimous agreement of all members of the board, designate one or more members of the board or an employee of the Division Department of Environmental Protection may be designated to give to a candidate to administer the written portion of the examination;
(4) Prepare and certify to the Director Secretary of the Division Department of Environmental Protection a register of qualified eligible candidates for appointment as oil and gas inspectors or as supervising inspectors, with such differentiation, if any, between the certification of candidates for oil and gas inspectors and for supervising inspectors as the board may from time to time consider necessary or advisable. The register shall list all qualified eligible candidates in the order of their grades, with the candidate with scoring the highest grade appearing at the top of the list. After each meeting of the board held to examine such candidates, and at least annually, the board shall prepare and submit to the Director Secretary of the Division Department of Environmental Protection a revised and corrected register of qualified eligible candidates for appointment, deleting from such revised register all persons: (a) all persons who:
(A)
Are no longer residents of West Virginia;
(b) (B) who Have allowed a calendar year to expire without, in writing, indicating in writing their continued availability for such the appointment;
(c) who (C) Have been passed over for appointment not been appointed for three years; or
(d) who (D) Have become ineligible for appointment since the board originally certified that such persons were qualified and eligible for appointment; or (e) who, in the judgment of at least three members of the board, should be removed from the register for good cause;
(5) Cause the secretary of the board to keep and preserve the written examination papers, manuscripts, grading sheets and other papers of all applicants for appointment, and specimens of the examinations given, together with the correct solution of each question,
for such a period of time as may be established by the board; Specimens of the examinations given, together with the correct solution of each question, shall be preserved permanently by the secretary of the board;
(6) Issue a letter or written notice of qualification to each successful eligible candidate;
(7) Hear and determine proceedings for the suspension, dismissal or other discipline of inspectors or the supervising inspector in accordance with the provisions of this article;
(8) Make an annual report to the Governor concerning the of its administration of oil and gas inspection personnel in the state, service; making such and any recommendations as the board considers to be in the public interest; and
(9) Render such advice and assistance to the Director Secretary of the Division Department of Environmental Protection as the director shall from time to time determine he or she determines necessary or desirable in the performance of such his or her duties under this article.

NOTE: The purpose of this bill is to extend the expired term of a member of the Oil and Gas Inspectors' Examining Board until such time as the member's successor is appointed and qualified.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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