Introduced Version
House Bill 4209 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4209
(By Delegates Moye, Campbell, Manchin,
Williams, Shaver, Beach, Stephens, Barker,
M. Poling, Doyle)
[Introduced January 28, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §24-1-3 of the Code of West Virginia,
1931, as amended, relating to requiring at least one
commissioner be present before a hearing may be conducted on
public utility matters that require a public hearing before
the commissioners of the Public Service Commission
; and
deleting obsolete language.
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;
quorum.
(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.
(b) 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 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.
(c) No more than two of the commissioners shall be members of
the same political party.
(d) 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.
(e) The Governor shall designate one of the commissioners 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) subsections (g) and (h) of this section.
(b) (f) 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, 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.
(c) (g) 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 serve as a member of the commission or as an employee
of the commission.
(h) 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 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.
(d) (i) 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.
(j) 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.
(k) On a matter requiring a public hearing on a public utility
by the commissioners of the Public Service Commission, at least one
commissioner must be present before that hearing may be conducted.
NOTE: The purpose of this bill is to require at least one
commissioner be present before the Public Service Commission may
conduct hearings on matters that require public hearings on public
utilities. The bill also deletes obsolete language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be adde