Senate Bill No. 453

(By Senator Buckalew)

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[Introduced February 10, 1998; referred to the Committee on Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact section three, article twelve, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the office of executive secretary of the state board of risk and insurance management.

Be it enacted by the Legislature of West Virginia:
That section three, article twelve, 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 12. STATE INSURANCE.

§29-12-3. State board of insurance; creation, composition, qualifications, and compensation.

(a) There is hereby created the "state board of insurance of West Virginia" which shall be composed of three members appointed by the governor with the advice and consent of the Senate. Each of the members shall be a resident of West Virginia possessed of not less than five years' experience in the business of insurance and no more than two of such members shall belong to any one political party. The three original members of such board shall be appointed for terms of one, two and three years, respectively, and each subsequent appointment shall be for a term of four years. In the event a vacancy occurs it shall be filled by appointment for the unexpired term. No member of the board may be removed from office by the governor except for official misconduct, incompetency, neglect of duty or gross immorality.
(b) The insurance commissioner of West Virginia shall serve as secretary of the board without vote and shall make available to the board the information, facilities and services of the office of the state insurance commissioner.
(c) The executive secretary is the chief administrative officer of all the systems and he or she may not be a member of the board. The executive secretary is appointed by the secretary of administration and serves at his or her will and pleasure. The executive secretary shall perform the duties that are required of him or her in this article and as the board from time to time delegates to him or her. The compensation of the executive secretary shall be fixed by the secretary of administration subject to the approval of the governor. The executive secretary shall, with the approval of the board, employ administrative, technical and clerical employees as required for the effective and efficient execution of his or her duties.
(c) (d) Each member of the board shall receive the sum of forty dollars per day for each day's services actually performed for such board as well as all necessary expenses incurred in the performance of their duties, not exceeding one hundred days in any one calendar year. The auditor shall pay such compensation and expenses upon requisition certified by the chairman from appropriations provided for such purposes.


NOTE: The purpose of this bill is to provide that the executive secretary of the state board of insurance is the chief administrative officer of all the systems and is not a member of the board. Also the executive secretary is appointed by the secretary of administration and serves at his or her will and pleasure. The bill also provides that the compensation to be paid the executive secretary is fixed by the secretary of administration subject to the governor's approval. Finally, the executive secretary is authorized to employ staff.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.