H. B. 2340
(By Delegates Amores, Ashley,
Capito and J. Smith)
[Introduced January 22, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section four, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
all meetings of the public insurance agency's finance board
are to be open to the public.
Be it enacted by the Legislature of West Virginia:
That section four, article sixteen, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-4. Public employees insurance agency finance board
created; qualifications, terms and removal of members; quorum; compensation and expenses;
termination date.
(a) There is hereby created the public employees insurance
agency finance board, which shall consist of the director and four members appointed by the governor with the advice and
consent of the Senate for terms of four years and until the
appointment of their successors: Provided, That the members
initially appointed by the governor shall be appointed not later
than the tenth day of September, one thousand nine hundred
ninety, and may serve and may perform the duties required by this
article until such time as the Senate may convene to give its
advice and consent. Of the members first appointed, one shall be
appointed for a term of one year, one for two years, one for
three years and one for four years. Members may be reappointed
for successive terms. No more than three members (including the
director) may be of the same political party.
(b) Of the four members appointed by the governor, one
member shall represent the interests of education employees, one
shall represent the interests of public employees and two shall
be selected from the public at large. The two members appointed
from the public shall each have experience in the financing,
development or management of employee benefit programs. All new
appointments made subsequent to the first day of July, one
thousand nine hundred ninety-four, shall be selected to represent
the different geographical areas within the state and all members
shall be residents of West Virginia. No member may be removed
from office by the governor except for official misconduct,
incompetence, neglect of duty, neglect of fiduciary duty or other specific responsibility imposed by this article, or gross
immorality.
(c) The director shall serve as chairperson of the finance
board, which shall meet at such time and place as shall be
specified by the call of the director or upon the written request
to the director of at least two members. All meetings shall be
open to the public. Notice of each meeting shall be given in
writing to each member by the director at least three days in
advance of the meeting. Three members shall constitute a quorum.
The board shall pay each member the same compensation and expense
reimbursement as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative
compensation commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties.
(d) Pursuant to the provisions of article ten, chapter four
of this code, the finance board shall terminate on the first day
of July, two thousand one, unless extended by legislation enacted
before the termination date.
(e) Upon termination of the board and notwithstanding any
provisions in this article to the contrary, the director is
authorized to assess monthly employee premium contributions and
to change the types and levels of costs to employees only in
accordance with this subsection. Any assessments or changes in
costs imposed pursuant to this subsection shall be implemented by rules and regulations of the director promulgated pursuant to the
provisions of chapter twenty-nine-a of this code. Any employee
assessments or costs authorized by the finance board shall remain
in effect until amended by rule or regulation of the director
promulgated pursuant to this subsection.
NOTE: The purpose of this bill is to require that all
meetings of the Public Employees Insurance Agency's Finance Board
are to be open to the public.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.