Introduced Version
House Bill 2408 History
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Key: Green = existing Code. Red = new code to be enacted
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.