H. B. 4210
(By Delegates Moye, Williams, Staggers,
Manchin, Shaver, Beach, Stephens,
Barker, Doyle)
[Introduced January 28, 2010; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §5-16-4 of the Code of West Virginia,
1931, as amended, relating to the Public Employees Insurance
Agency Finance Board; and requiring a quorum of five members
to be present at any public hearing conducted by the board.
Be it enacted by the Legislature of West Virginia:
That §5-16-4 of the Code of West Virginia, 1931, 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
continued; qualifications, terms and removal of
members; quorum; compensation and expenses;
termination date.
(a) The Public Employees Insurance Agency Finance Board is
continued and consists of the Secretary of the Department of
Administration or his or her designee and eight 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. Members may be reappointed for successive terms. No more than five
members, including the Secretary of the Department of
Administration, may be of the same political party.
(b) Of the eight members appointed by the Governor, one member
shall represent the interests of education employees, one shall
represent the interests of public employees, one shall represent
the interests of retired employees, one shall represent the
interests of organized labor and four shall be selected from the
public at large. The Governor shall appoint the member
representing the interests of education employees from a list of
three names submitted by the largest organization of education
employees in this state. The Governor shall appoint the member
representing the interests of organized labor from a list of three
names submitted by the state's largest organization representing
labor affiliates. The four members appointed from the public shall
each have experience in the financing, development or management of
employee benefit programs. All appointments 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 Secretary of the Department of Administration shall
serve as Chair of the Finance Board, which shall meet at times and places specified by the call of the Chair or upon the written
request to the chair of at least two members. The director of the
Public Employees Insurance Agency shall serve as staff to the
board. Notice of each meeting shall be given in writing to each
member by the director at least three days in advance of the
meeting. Five members constitute a quorum,
and a five member
quorum shall be present at any public hearing conducted by the
board. The board shall pay each member the same compensation and
expense reimbursement that 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 of a day engaged in the discharge of official
duties.
(d) 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
legislative rule proposed by the director for promulgation pursuant
to the provisions of article three, chapter twenty-nine-a of this
code. Any employee assessments or costs previously authorized by
the finance board shall then remain in effect until amended by rule
of the director promulgated pursuant to this subsection.
NOTE: The purpose of this bill is to require the Public
Employees Insurance Agency Finance Board to have a quorum of five
members present at any public hearing conducted by the board.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.