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2010 SESSION

10100138D
HOUSE BILL NO. 673
Offered January 13, 2010
Prefiled January 12, 2010
A BILL to amend and reenact §§ 12.1-6 and 12.1-9 of the Code of Virginia, relating to members of the State Corporation Commission.
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Patron-- May
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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, 2011, the Commission shall consist of three members. Commencing February 1, 2011, 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 2011, one commissioner shall be elected for a regular six-year term;

2. At the regular session of the General Assembly convened in 2011, two commissioners shall be elected for regular six-year terms; and

3. At the regular session of the General Assembly convened in 2012 and thereafter, a number of commissioners equal to the number of commissioners whose regular terms were scheduled to expire during such session shall be elected for regular six-year terms.

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

B. No person shall be eligible to serve as a member of the Commission unless, at the time of his initial election or appointment, he is the only member of the Commission whose primary place of residence is in a region of the Commonwealth in which no other member of the Commission had his primary place of residence at the time of that other member's initial election or appointment. This subsection shall not apply to any member of the Commission who was initially elected or appointed to the Commission prior to January 1, 2011. As used in this subsection, the regions of the Commonwealth are:

1. The area within the Lenowisco, Cumberland Plateau, Mount Rogers, New River Valley, and Fifth Planning Districts;

2. The area within the Lord Fairfax, Northern Virginia, Rappahannock-Rapidan, and RADCO Planning Districts;

3. The area within the Central Shenandoah, Thomas Jefferson, Richmond Regional, and Crater Planning Districts;

4. The area within the Central Virginia, West Piedmont, Southside, and Piedmont Planning Districts; and

5. The area within the Northern Neck, Middle Peninsula, Accomack-Northampton, and Hampton Roads Planning Districts.