Committee Substitute
House Bill 4210 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4210
(By Delegates Moye, Williams, Staggers,
Manchin, Shaver, Beach, Stephens,
Barker, Doyle)
[Originating in the Committee on Government Organization]
(February 11, 2010)
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; changing the board's composition;
requiring a quorum of five members to be present at any public
hearing conducted by the board; and making stylistic and
technical changes.
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:
(1) 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,
(2) One member shall represent the interests of education
employees;
(3) One shall represent the interests of public employees;
(4) One shall represent the interests of retired employees;
(5) One shall represent the interests of organized labor; and,
(6) One shall represent the interests of a participating
political subdivision; and,
(7) Four Three shall be selected from the public at large.
(b) 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.
(c) 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.
(d) The four three members appointed from the public shall each have experience in the financing, development or management of
employee benefit programs.
(e) The members shall be appointed by the Governor, with the
advice and consent of the Senate, for terms of four years and
members may serve until the successors are appointed and qualified.
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.
(f) 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) (f) 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.
(g) A quorum shall be present at a public hearing conducted by the board.
(h) 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) (i) 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.