H. B. 4391


(By Delegates S. Cook, Kiss, Pettit and Ryan)
[Introduced February 8, 1994; referred to the
Committee on Government Organization then Finance.]




A BILL to amend article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-a, relating to abolishing the state board of risk and insurance management; and transferring the duties to the commissioner of insurance; creating a section of risk and insurance management within the division of insurance; establishing a director appointed by the insurance commissioner; and salary of director.

Be it enacted by the Legislature of West Virginia:

That article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-a, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.

§ 33-2-3a. State board of risk and insurance management abolished; duties transferred to commissioner of insurance; members of state board of risk and insurance management to advise commissioner; department of risk and insurance management established; director to be appointed by governor; and salary set by commissioner.

(a) The state board of risk and insurance management created by section three, article twelve, chapter twenty-nine of this code is hereby continued as an advisory board to the commissioner of insurance. All duties and responsibilities of the state board of risk and insurance management are hereby vested in the commissioner of insurance. All records, responsibilities, obligations, assets and property, of whatever kind and character, of the state board of risk and insurance management are hereby transferred to the commissioner of insurance. The balances of all funds of the state board of risk and insurance management are hereby transferred to the commissioner of insurance.

(b) There is hereby created in the division of insurance a section of risk and insurance management administered by a director, who shall be a citizen and resident of this state and shall be appointed by the commissioner of insurance. The director shall receive a salary to be set by the commissioner of insurance, notwithstanding the provisions of section two-a, article seven, chapter six of this code to the contrary.
(b) Any reference to the state board of risk and insurance management, wherever elsewhere in this code, in any act, in general or other law, in any rule or regulation, or in any ordinance, resolution or order, reference is made to the state board of risk and insurance management, such reference shall henceforth be read, construed and understood to mean the section of risk and insurance management.



NOTE: The purpose of this bill is to abolish the State Board of Risk and Insurance Management and to transfer the duties of that board to the Commissioner of Insurance. The bill continues the existing State Board of Risk and Insurance Management as advisors to the commissioner; it creates the section of Risk and Insurance Management, administered by a director appointed by the Insurance Commissioner.

Section 3a is new; therefore, strike-throughs and underscoring have been omitted.