H. B. 3183
(By Delegates Fleischauer, Brown, Staggers,
Marshall, Hatfield, Mahan, Susman, Longstreth,
Webster, Spencer and M. Poling)
[Introduced March 17, 2009; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-1-22a, relating to
requiring all state boards, commissions, committees or
councils to be gender balanced and to have proportionate
representation of minorities in the state.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5-1-22a, to read as
follows:
ARTICLE 1. THE GOVERNOR.
§5-1-22a. Vacancies in boards and commissions filled by
appointment of Governor; Senate action; gender and
proportionate minority representation required in
filling vacancies in appointive offices.
Notwithstanding any other provision of law to the contrary,
and in accordance with the provisions of section twenty-two of this
article, when a vacancy occurs in any board, commission, committee
or council established by law under any provision of this code, which vacancy the Governor is authorized to fill by and with the
advice and consent of the Senate, the Governor shall, by
appointment, fill the vacancy by gender balance and proportionate
minority representation. A person may not be appointed or
reappointed to a board, commission, committee or council
established by law under any provision of this code if that
appointment or reappointment would cause the number of members of
the board, commission, committee or council of one gender or
minority members to be greater than one half of the membership of
the board, commission, committee or council plus one, if the board,
commission, committee or council is composed of an odd number of
members. If the board, commission, committee or council is
composed of an even number of members, not more than one half of
the membership may be of one gender or minority. If there are
multiple appointing authorities for a board, commission, committee
or council established by law under any provision of this code,
they shall consult each other to avoid a violation of this section.
The Governor shall establish a site on the Governor's web site
with information available to the public relating to the
eligibility to all boards and commissions. This must include, but
is not limited to, a list of the current members of the boards and
commissions, when their terms expire, what criteria the members
fulfill and what criteria new applicants need to be eligible for
appointment to a board or commission. The Governor shall also
provide applications that may be accessed in electronic form for
appointment to all boards and commissions.
This amendment becomes fully effective on July 1, 2016. Prior
to that date, the Governor shall make every attempt to make
appointments for vacancies gender balanced and with proportionate
minority representation. The Governor shall make yearly reports to
the Legislature on progress made toward achieving the goals of this
section, beginning December 1, 2009.
NOTE: The purpose of this bill is to require all state boards,
commissions, committees or councils to be gender balanced and to
have proportionate representation of minorities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.