H. B. 3006

(By Delegates Douglas, Collins, Varner, Stalnaker, Willison, Marshall and Angotti)


(Originating in the Committee on Government Organization)

(February 26, 1999)




A BILL to amend and reenact section two, article one, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the state auditor to provide orientation to certain members of state boards of examination or registration; and requiring attendance.

Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-2. Oath; required orientation.

(a) Every person appointed as a member of any board referred to in this article, before proceeding to exercise the authority or discharge the duties of the office, shall take the oath prescribed by section 5 of article IV of the state constitution, and shall file the certificate of the oath with the secretary of state.
(b) Whenever a state board or commission is newly created by act of the Legislature by amendment to this chapter, the chair or chief financial officer of the board or commission shall attend an orientation session designed to inform the board, through its chair or chief financial officer, of the duties and requirements imposed by this code. After the first day of April and not later than the thirty-first day of July of each year, the auditor shall provide one or more orientation sessions on relevant statutes and regulations governing the official conduct of members, as well as other topics the auditor determines to be essential in the fulfillment of the duties of the members. Topics for the orientation may include, but are not limited to, state budgeting and financial procedures, purchasing requirements, open meetings requirements, ethics, rule-making procedures, records management, and annual reports. All state agencies shall cooperate with and assist in providing the orientation if the auditor requests. The orientation session shall be open to any member of new or existing boards and commissions and each board may approve expense reimbursement for the attendance of one or more of its members. Each board must provide for the attendance of its chair or chief financial officer, who will have attended an orientation session offered by the auditor not later than the thirty-first day of July, two thousand one. Not later than the tenth day of August of each year, the auditor shall provide to the chairs of the Joint Standing Committee on Government Operations a list of the names of board or commission members attending, together with the names of the boards and commissions represented, at the orientation session or sessions offered by the auditor since the previous April first. The auditor may charge a registration fee for the orientation to cover the cost of providing the orientation. The fee may be paid from funds available to a board. Notwithstanding the member's normal rate of compensation for serving on a board, a member attending the orientation may be reimbursed for necessary and actual expenses, as long as the member attends the complete orientation provided. Ex officio members who are elected or appointed state officers or employees, and members of boards that have purely advisory functions with respect to a department or agency of the state, are exempt from the requirements of this subsection.