§5-20-1. Legislative findings, purposes and intent


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-20-1

§5-20-1. Legislative findings, purposes and intent.

The Legislature hereby finds and declares:

(a) That on the twenty-seventh day of April, one thousand nine

hundred seventy-eight, at Willow Island, in Pleasants County, West

Virginia, a cooling tower then under construction collapsed,

resulting in the loss of a great many lives;

(b) That every effort should be made to prevent the repetition

of any similar tragic occurrence or incident in the future and,

toward that end, it is proper and desirable that a complete,

detailed and thorough investigation into the reasons for and causes

of the collapse of such cooling tower be made; which investigation

should be independent of and free from any litigation which has

been or may be instituted with respect to such collapse;

(c) That toward this end, the governor, by executive order No.

15-78, dated the sixth day of October, one thousand nine hundred

seventy-eight, created and established the governor's commission on

Willow Island, comprised of nine members, consisting of and

generally representative of the public and of various interests,

bodies, groups and organizations as specified in subsection (b) of

this section;

(d) That in furtherance of the intent and purposes of the

aforesaid executive order it is the intent of the Legislature to

continue the governor's commission on Willow Island and to expand

upon its powers, duties and responsibilities in order to facilitate

its investigative purposes and assure the orderly execution of its functions and duties;

(e) That it recognizes that the provisions of section 1,

article V of the constitution of West Virginia prohibit any person

from exercising the powers of more than one branch or department of

government at the same time; however, it is the express purpose,

intent and finding of the Legislature that those members of the

commission who are members of the Legislature are acting as members

of the Legislature while serving on the commission and in the

furtherance of the Legislature's inherent right and power to

investigate and inquire into and report on those matters which are

legitimately within its powers, and that since the commission's

role and duties are investigative and reportive in nature, the

service upon the commission by its legislative members and the

service of its chairman are not violative of nor inimical to the

constitutional mandate with respect to the separation of

governmental powers.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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