CHAPTER 182

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. Sections102, 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 five (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 three (3) of the Commissioners shall be a member of the same political party. One (1) of the members shall be a resident of the City of Wilmington, two (2) of the members shall be residents of Rural New Castle County, one (1) of the members shall be a resident of Kent County, and one (1) of the members shall be a resident of Sussex County. Each person appointed as a member of the Commission shall be at least thirty (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 (1) Commissioner shall be appointed for a term of one (1) year to expire on the First day of September, 1970; one (1) Commissioner shall be appointed for a term of three (3) years to expire on the First day of September, 1972; and one (1) Commissioner shall be appointed for a term of four (4) years to expire on the First day of September, 1973; and thereafter all such Commissioners shall be appointed for a term of five years. All terms shall run until the First day of September, and until his successor shall have been appointed and qualified.

(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 (1) 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 members 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. The Commissioners serving at the time this Act becomes law shall be considered to be serving pursuant to the terms and provisions of Section 1 of this Act.

Approved June 25, 1969.