H. B. 2172
(By Delegates Skaff and Hall)
[Introduced January 12, 2011; referred to the
Committee on Natural Resources then the Judiciary.]
A BILL to amend and reenact §22-1-8 of the Code of West Virginia, 1931, as amended, relating to the Department of Environmental Protection; and requiring the supervisory officers of the offices within the Department of Environmental Protection to monitor litigation challenging state statutes affecting the production of natural resources in West Virginia.
Be it enacted by the Legislature of West Virginia:
That §22-1-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-8. Supervisory officers.
(a) The secretary shall appoint a competent and qualified person to be the chief executive officer of each office specified in section seven of this article. The chief executive officer is the principal administrative officer of that office and is accountable and responsible for the orderly and efficient performance of the duties, functions and services of her or his office. The chief executive officer shall monitor legal challenges to the energy industries in the state and submit a report every sixty days to the Department of Environmental Protection and the Department of Revenue. The report shall contain information relating to any litigation that challenges any statute that could affect the production of natural resources in this state. The Department of Environmental Protection and the Department of Revenue shall make a fiscal and budgetary analysis of the impact of the litigation for each chief executive officer who shall submit these to the Governor and Legislature every sixty days.
(b) There shall be in the department such other supervisory officers as the secretary determines is necessary to administer the functions of the department. Such The supervisory officers are "administrators" as such that term is defined in section two, article six, chapter twenty-nine of this code, notwithstanding the fact that the positions filled by such those persons are not statutorily created. Any such supervisory officer may be designated by the secretary as a deputy director, assistant director, chief, administrator or other administrative title or designation. Each of the supervisory officers shall be appointed by the secretary and serve at the will and pleasure of the secretary. The compensation of such supervisory officers shall be fixed by the secretary. A single individual may be appointed to serve simultaneously in two distinct supervisory positions, but in a case where a dual appointment is made, the supervisory officer shall may not receive additional compensation above that which would be paid for serving in one supervisory position.
(c) A supervisory officer appointed pursuant to the provisions of this section shall report directly to the secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform additional functions as the secretary may prescribe.
(d) Each supervisory officer of the department shall, before entering upon the discharge of his or her duties, take the oath of office prescribed by section five, article IV of the Constitution of West Virginia and shall execute a bond in the penalty of $2,000, with security to be approved by the Governor, conditioned upon the faithful discharge of their duties, a certificate of the oath and bond shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from the department funds.
NOTE: The purpose of this bill is to require the supervisory officers of the offices within the Department of Environmental Protection to monitor litigation challenging state statutes affecting the production of natural resources in West Virginia; and to report to the Department of Environmental Protection, Department of Revenue, the Legislature and Governor every sixty days, with fiscal and budgetary analysis of the impact of any such litigation.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.