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2004 SESSION

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041464452
HOUSE BILL NO. 1439 Offered January 23, 2004 A BILL to amend and reenact § 12.1-6 of the Code of Virginia, relating to membership of the State Corporation Commission. ---------- Patrons-- Parrish, Bell, Hurt, Janis and Kilgore ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That § 12.1-6 the Code of Virginia is amended and reenacted as follows:

§ 12.1-6. Election or appointment of members; terms.

The Commission shall consist of three members; however, a fourth member may be elected by the joint vote of the two houses of the General Assembly if any existing member will reach retirement pursuant to § 51.1-305 within two years of the opening of any regular session of the General Assembly. Members of the Commission shall be elected by the joint vote of the two houses of the General Assembly for regular staggered terms of six years. At Except as provided above, at the regular session of the General Assembly convened in each even-numbered year, one commissioner shall be elected for a regular six-year term to begin on February 1 of such year.

Whenever a vacancy in the Commission shall occur or exist when the General Assembly is in session, the General Assembly shall elect a successor for such unexpired term. If the General Assembly is not in session, the Governor shall forthwith appoint pro tempore a qualified person to fill the vacancy for a term ending thirty days after the commencement of the next regular session of the General Assembly, and the General Assembly shall elect a successor for such unexpired term.

The Governor shall commission each of the members of the Commission who shall file his commission in the office of the clerk of the Commission.