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Introduced Version Senate Bill 459 History

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SB459 intr
Senate Bill No. 459

(By Senators Kessler, Barnes, White, Plymale, Wells, Chafin and Bowman)

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[Introduced February 3, 2010; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-5-13, relating to boards and commissions whose members serve staggered terms and whose appointment requires the advice and consent of the Senate; and requiring a majority of the total number of persons to be appointed to the board or commission to have been confirmed by the Senate in order to validly take certain actions.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §6-5-13, to read as follows:
ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD OFFICE.

§6-5-13. Requiring majority of members of boards and commissions for validity of certain acts.

(a) The Legislature finds that its purpose in providing independence of certain boards and commissions, by requiring staggered terms and Senate confirmation for members, may be compromised when vacancies are left unfilled and terms of members are allowed to expire without renomination and confirmation. This independence is especially important with respect to authorization and implementation of programs that affect the statutory rights or privileges of any class or persons or may have a significant impact on state revenue.
(b)(1) After January 1, 2010, an action a board or commission, identified in subdivision (3) of this subsection, is not valid unless a majority of the total number of persons to be appointed to the board or commission are serving unexpired terms and have been confirmed by the Senate for the unexpired terms.
(2) This subsection applies only to an action of a board or commission that implements or continues a program that affects the statutory rights or privileges of a class of persons, or that generates or could generate at least $1 million a year in revenue to the state.
(3) For purposes of this subsection a board or commission includes only those boards and commissions that are composed of members appointed for staggered terms and whose members are required to be appointed with the advice and consent of the Senate.

NOTE: The purpose of this bill is to require
a majority of the total number of persons to be appointed to certain boards and commissions to have been confirmed by the Senate in order to validly take actions that implement or continue a program that affects the statutory rights or privileges of a class of persons, or that generate or could generate at least $1 million a year in revenue to the state.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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