Senate Bill No. 594
(By Senator Rowe)
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[Introduced March 26, 2001; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact section five, article ten, chapter four
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section
eleven, article five, chapter twenty-three of said code, all
relating to requiring a preliminary performance review of and
a termination date for the workers' compensation appeal board.
Be it enacted by the Legislature of West Virginia:
That section five, article ten, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section eleven, article five,
chapter twenty-three be amended and reenacted, all to read as
follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies shall be terminated terminate on the
date indicated, but no agency may be terminated terminates under
this section unless a preliminary performance review has been
conducted upon such the agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile facilities review panel.
(2) On the first day of July, one thousand nine hundred
ninety-seven: Public employees insurance agency advisory board;
cable television advisory board.
(3) On the first day of July, one thousand nine hundred
ninety-nine: Tree fruit industry self improvement assessment
program.
(4) On the first day of July, two thousand: Terms of family
law master and family law master system; motorcycle safety and
education committee.
(5) On the first day of July, two thousand one: Real estate
commission; public employees insurance agency; public employees
insurance agency finance board; rural health advisory panel; oil
and gas conservation commission; state fire commission; state police; and motor vehicle dealers advisory board.
(6) On the first day of July, two thousand two: Whitewater
commission within the division of natural resources; state
geological and economic survey; unemployment compensation; West
Virginia contractor licensing board; women's commission; ethics
commission; veterans' council; educational broadcasting authority;
division of protective services; office of explosives and blasting;
office of coalfield community development; motorcycle safety
standards and education committee; and state rail authority.
(7) On the first day of July, two thousand three: Driver's
licensing advisory board; West Virginia commission for national and
community service; West Virginia's membership in the southern
regional education board; marketing and development division of the
department of agriculture; manufactured housing construction and
safety board; workers' compensation appeal board; and environmental
quality board.
(8) On the first day of July, two thousand four: Meat
inspection program of the department of agriculture; state board of
risk and insurance management; interstate commission on uniform
state laws; design-build board; center for professional development
and interstate commission on the Potomac River basin.
(9) On the first day of July, two thousand five: Board of
banking and financial institutions; lending and credit rate board;
governor's cabinet on children and families; health care authority;
and emergency medical services advisory council.
(10) On the first day of July, two thousand six: Family
protection services board; medical services fund advisory council;
West Virginia stream partners program; Ohio River valley water
sanitation commission; and soil conservation committee.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 5. REVIEW.
§23-5-11. Workers' compensation appeal board -- Generally.
There shall be a board to be known as The "Workers'
Compensation Appeal Board", which shall be is referred to in this
article as the "board", to be composed of three members is
continued. The board shall perform the duties and responsibilities
assigned to it by this code consistent with the administrative
policies developed by the governor and the commissioner with the
assistance of the compensation programs performance council.
Two members of such the board shall be of opposite politics to
the third, and all three shall be citizens of this state who have
resided therein in the state for a period of at least five years.
All members of the board shall be appointed by the governor and shall receive are entitled to an annual salary in accordance with
the provisions of section two-a, article seven, chapter six of this
code. The salaries shall be are payable in monthly installments,
and the members shall also be are entitled to all reasonable and
necessary traveling and other expenses actually incurred while
engaged in the performance of their duties. The governor shall
designate one of the members of the board as chairman, thereof and
the board shall meet at the capitol or at such other places
throughout the state as it may consider proper at regular sessions
designated as "Appeal Board Hearing Days" commencing on the first
Tuesday of every month or the next regular business day, for a
period of at least three days, for the purpose of conducting
hearings on appeals, and continuing as long as may be necessary for
the proper and expeditious transaction of the hearings, decisions
and other business before it. All clerical services required by
the board shall be paid for by the commissioner from any funds at
his or her disposal. The board shall, from time to time, compile
and promulgate such rules of practice and procedure as to it shall
appear considers proper for the prompt and efficient discharge of
its business and such the rules shall be submitted first to the
compensation programs performance council for its approval pursuant to subdivisions (b) and (c), section seven, article three, chapter
twenty-one-a of this code and, if so approved, then to the supreme
court of appeals for approval, and if approved by such the court
shall have the same force and effect as the approved rules of
procedure of circuit courts. By and with the consent of the
commissioner, the board shall employ such clerical staff as may be
necessary for the efficient conduct of its business. Salaries of
the board, and its employees, and all of its necessary operating
expenses shall be paid from the workers' compensation fund. The
board shall submit its annual budget to the commissioner for
inclusion as a separate item in the budget estimates prepared by
him or her annually and within the limits of such the budget, all
expenses of the board shall be by the requisition of the
commissioner. Salaries of the employees of the board shall be are
governed by the provisions of article six, chapter twenty-nine of
this code.
The board shall report monthly to the compensation programs
performance council on the status of all claims on appeal.
Pursuant to the provisions of article ten, chapter four of
this code, the workers' compensation appeal board shall continue to
exist until the first day of July, two thousand three, unless sooner terminated, continued or reestablished by act of the
Legislature.
NOTE: The purpose of this bill is to
require a preliminary
performance review of the Workers' Compensation Appeal Board. The
bill also provides a termination date of July 1, 2003, for the
Board.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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