Introduced Version
Senate Bill 355 History
|
Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 355
(By Senators Minard and Green)
____________
[Introduced January 27, 2010; referred to the Committee on
Energy, Industry and Mining; then to the Committee on Government
Organization.]
____________
A BILL to amend and reenact §22C-7-3 of the Code of West Virginia,
1931, as amended, relating to membership on the Oil and Gas
Inspectors' Examining Board; and extending the expired term of
a member until such time as 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) 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.
Appointed members may be removed only for the same causes and like
manner as elective state officers. One member of the board shall
be the representative of the public at large and shall be a person
who is knowledgeable about the subject matter of this article and
has 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 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. 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. 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 of
Environmental Protection and the chief of the Office of Water
Resources of the Division of Environmental Protection or their
designees shall be ex officio members.
(3) The appointed members of the board shall be appointed for
overlapping terms of six years, except that the original appointments shall be for terms of two, four and six years,
respectively. Any member whose term expires may be reappointed by
the Governor. Each member appointed by the Governor shall serve
until that member's successor has been appointed and qualified.
(4) The board shall pay each member 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 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 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 call a
meeting of the board on the written request of two members. Notice
of each meeting shall be given in writing to each member by the
secretary at least five days in advance of the meeting. A majority
of members is 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 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 the 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. By unanimous
agreement of all members of the board, one or more members of the
board or an employee of the Division of Environmental Protection
may be designated to give to a candidate the written portion of the
examination;
(4) Prepare and certify to the Director of the Division 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, the candidate
with 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
of the Division of Environmental Protection a revised and corrected
register of qualified eligible candidates for appointment, deleting
from such revised register all persons: (a) Who are no longer
residents of West Virginia; (b) who have allowed a calendar year to
expire without, in writing, indicating their continued availability
for such the appointment; (c) who have been passed over for
appointment for three years; (d) who have become ineligible for
appointment since the board originally certified that such the
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 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
administration of oil and gas inspection personnel in the state
service; making such recommendations as the board considers to be
in the public interest; and
(9) Render such advice and assistance to the Director of the
Division of Environmental Protection as the director shall from
time to time determine necessary or desirable in the performance of
such duties.
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.