H. B. 4462
(By Delegates Michael, Varner, Mezzatesta,
Williams, Manuel and Ennis)
[Introduced February 17, 1998; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section three, article three, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the state fire
commission; members; qualifications; appointment; terms of
office; removal; vacancies; compensation; expenses and
modifying the member composition.
Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-3. State fire commission created; composition;
qualifications; appointment; terms of office;
removal; vacancies; compensation and expenses.
(a) There is hereby created a state fire commission, which shall consist consists of thirteen members, qualified by
experience and training to deal with the matters which are the
responsibilities of the commission. The officers of the West
Virginia fire chiefs association, the West Virginia firemen's
association, the West Virginia professional fire fighters
association, the West Virginia professional fire chiefs
association, the West Virginia manufacturers association, the
professional independent insurance agents of West Virginia, and
the West Virginia society of architects shall submit a list of
names of persons recommended by each of these associations to the
governor for consideration in appointing the state fire
commission. The West Virginia professional fire fighters
association and the West Virginia professional fire chiefs
association shall recommend the names of two persons from full- time paid fire departments. The West Virginia fire chiefs
association and the West Virginia firemen's association shall
each recommend the names of three persons from volunteer fire
departments. The West Virginia manufacturers association shall
recommend the names of three two persons to represent business
and industry. The professional independent insurance agents of
West Virginia shall recommend the names of two persons to
represent the fire insurance industry. The West Virginia society
of architects shall recommend the names of two persons to
represent registered architects. Appointments to the commission shall be made by the governor, by and with the advice and consent
of the Senate, from the lists of qualified persons recommended by
the organizations. Three members shall be appointed to represent
full-time paid fire departments, one member shall be appointed to
represent the full-time paid fire chiefs, three five members
shall be appointed to represent volunteer fire departments and
two members shall be appointed to represent the volunteer fire
chiefs. Two members One member shall be appointed to represent
business and industry and one member shall be appointed to
represent the fire insurance industry. One member shall be
appointed to represent registered architects. The term of office
of the members shall be staggered five-year terms. The terms of
members first appointed shall expire as designated by the
governor at the time of appointment, two at the end of one year,
two at the end of two years, three at the end of three years, two
at the end of four years and two at the end of five years.
Vacancies shall be filled in the same manner as the original
appointment but only for the remainder of a term. Any member is
subject to removal by the governor at any time for neglect of his
or her duties or other conduct unbecoming his or her office. The
governor shall make the appointments within ninety days after
this section takes effect.
(b) The members of the state fire commission shall serve
without compensation but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of
their duties.
NOTE: The purpose of this bill is to change the composition
of the state fire commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.