H. B. 2381
(By Delegates Douglas, Collins,
Varner, Stalnaker and Willison)
[Introduced January 26, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section eight-a, article four,
chapter twenty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
clarifying compensation of the occupational pneumoconiosis
board and when its members must be appointed.
Be it enacted by the Legislature of West Virginia:
That section eight-a, article four, chapter twenty-three of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-8a. Occupational pneumoconiosis board -- Composition; term
of office; duties; quorum; remuneration.
The occupational pneumoconiosis board shall consist of five
licensed physicians, who shall be appointed by the commissioner
not later than the first day of July, one thousand nine hundred ninety-nine. No person shall be appointed as a member of such
the board, or as a consultant thereto, who has not by special
study or experience, or both, acquired special knowledge of
pulmonary diseases. All members of the occupational
pneumoconiosis board shall be physicians of good professional
standing, admitted to practice medicine and surgery in this
state, and two of them shall be roentgenologists. One of the
board shall be designated annually as chairman by the
commissioner. The term of office of each member of such the
board shall be six years. The three members of the existing
board, as redesignated herein, in office on the effective date of
this act shall continue to serve until their terms expire and
until their successors have been appointed and have qualified.
Any member of the board may be appointed to any number of terms.
The function of the board shall be is to determine all medical
questions relating to cases of compensation for occupational
pneumoconiosis under the direction and supervision of the
commissioner. Any three members of the board shall constitute a
quorum for the transaction of its business, if at least one of
the members present is a roentgenologist. The commissioner, from
time to time, shall fix the per diem salary, computed on the
basis of actual time devoted to the discharge of their duties,
rate of compensation to be paid each member of such the board for
each day or substantial portion thereof actually engaged in the discharge of the member's duties, and they each member shall also
be entitled to reasonable and necessary traveling and other
expenses incurred while actually engaged in the performance of
their the member's duties.
NOTE: This bill clarifies legislative intent that the
members of the occupational pneumoconiosis board shall receive
per diem reimbursement for their services. The bill is
recommended following a performance review by the Performance
Evaluation and Research Division of the Legislative Auditor's
Office.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended for passage during the 1999 regular
legislative session by the Joint Committee on Government
Operations.