HB 2408 Text

H. B. 2408

          (By Delegates Fleischauer and Marshall)
          [Introduced February 13, 2013; referred to the
          Committee on the Judiciary.]

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.
_____(a) 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 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.
_____(1) For boards, commissions, committees or councils established by law under any provision of this code that are composed of an odd number of members, a person may not be appointed or reappointed if that appointment or reappointment would cause the number of members of one gender to be greater than one half of the membership, plus one.
_____(2) For boards, commissions, committees or councils established by law under any provision of this code that are composed of an even number of members, not more than one half of the membership may be of one gender.
_____(3) 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 minority membership to be disproportionate or create a greater imbalance of proportionate minority representation._
_____(b) If there are multiple appointing authorities for a board, commission, committee or council established by law under a provision of this code, they shall consult each other to avoid a violation of this section.
_____(c) The Governor shall establish a site on the Governor's website with information available to the public relating to the eligibility to all boards and commissions. The site shall include, but not be 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 in order to be eligible for appointment to a board or commission. The site shall also provide applications, accessible in electronic form, for appointment to all boards and commissions.
_____(d) This amendment becomes fully effective on July 1, 2020. 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, 2013.

     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.

     This section is new; therefore, it has been completely underscored.

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