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2018 SESSION

18100026D
SENATE BILL NO. 11
Offered January 10, 2018
Prefiled November 20, 2017
A BILL to amend and reenact §§ 12.1-6 and 12.1-9 of the Code of Virginia, relating to membership of the State Corporation Commission; qualifications.
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Patrons-- Petersen; Delegate: Kory
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That §§ 12.1-6 and 12.1-9 of the Code of Virginia are amended and reenacted as follows:

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

The A. Prior to February 1, 2019, the Commission shall consist of three members. From February 1, 2019, until February 1, 2021, the Commission shall consist of four members. Commencing February 1, 2021, the Commission shall consist of five members.

B. 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 as follows:

1. At the regular session of the General Assembly convened in each even-numbered year prior to 2019, one commissioner shall be elected for a regular six-year term;

2. At the regular session of the General Assembly convened in 2019, one commissioner shall be elected for a regular six-year term;

3. At the regular session of the General Assembly convened in 2021, one commissioner shall be elected for a regular six-year term; and

4. At the regular session of the General Assembly convened in 2020 and at each regular session of the General Assembly convened thereafter during which a commissioner's regular term is scheduled to expire, one commissioner shall be elected for a regular six-year term.

C. 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 30 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.

D. 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.

§ 12.1-9. Eligibility and qualifications of members.

A. No person shall be eligible to serve as a member of the Commission unless at the time of his election or appointment he is a qualified voter under the Constitution and laws of this the Commonwealth.

B. At least one member of the Commission shall have the qualifications prescribed for judges of courts of record.

C. No person shall be eligible to be elected during the regular session of the General Assembly convened in 2019, or during the regular session of the General Assembly convened in 2021, to serve as a member of the Commission for an initial regular term of six years, or to be elected or appointed to serve as the successor to a member of the Commission who initially was elected to serve as a member of the Commission in either such regular session of the General Assembly, unless he is a person who on account of his previous vocation, employment, or affiliation is found by the House and Senate Committees on Commerce and Labor to be qualified as a representative of the interests of the consumers of the Commonwealth.