CHAPTER 139

AN ACT TO AMEND CHAPTER 1, TITLE 26, DELAWARE CODE, PERTAINING TO THE COMPOSITION, APPOINTMENT, TERM, QUALIFICATIONS, VACANCIES, QUORUM, AND CHAIRMAN OF THE PUBLIC SERVICE COMMISSION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 102, title 26, Delaware Code, is amended to read as follows:

§ 102. Composition; appointment; term; qualifications; vacancies; chairman

(a) The Public Service Commission shall consist of 5 members each of whom shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. Not more than 3 of the Commissioners shall be a member of the same political party. One of the members shall be a resident of the City of Wilmington, two of the members shall be a resident of Rural New Castle County, one of the members shall be a resident of Kent County, and one of the members shall be a resident of Sussex County. Each person appointed as a member of the Commission shall be at least 30 years of age.

(b) The original appointments of the members of the Commission authorized to be appointed by this Act shall be staggered so that one Commissioner shall be appointed for a term of 1 year, one Commissioner shall be appointed for a term of 2 years, one Commissioner shall be appointed for a term of 3 years, one Commissioner shall be appointed for a term of 4 years, and one Commissioner shall be appointed for a term of 5 years, and thereafter all such Commissioners shall be appointed for a term of 5 years.

(c) A Commissioner shall continue to reside in the political subdivision of which he was a resident at the time of his appointment.

(d) In case of a vacancy on the Commission for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.

(e) The Governor shall designate one of the Commissioners as Chairman of the Commission.

Section 2. Section 106, title 26, Delaware Code, is amended to read as follows:

§ 106. Quorum

A majority of the members of the Commission shall constitute a quorum and shall be sufficient for any action by the Commission.

Section 3. The provisions of this Act Amending Section 102 of Title 26 shall not affect the terms of the member of the Commission serving at the time this Act becomes law and they shall continue to serve out the terms for which they were originally appointed unless they resign or die. Upon the expiration of the term of office of any member serving at the time this Act becomes law, or in the event that such member resigns or dies, his position on the Commission shall be abolished.

Section 4. The initial appointment of members to the Public Service Commission, as authorized by Section 1 of this Act, shall not be limited by the existence of holdover members of the Commission, therefore, the Governor may make the initial appointments authorized by Section 1 of this Act without being limited in any way by the existence of holdover members of the Commission in office at the time this Act becomes law.

Approved June 13, 1969.