Senate Bill No. 142
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 10, 2002; referred to the Committee
on Banking and Insurance.]
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A BILL to amend article two, chapter thirty-one-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section four-b, relating generally to powers of
commissioner of banking; and providing that banking
commissioner may employ staff attorneys, retain outside
counsel or request attorney general to represent
commissioner in any judicial or administrative proceeding
or furnish any other legal services.
Be it enacted by the Legislature of West Virginia:
That article two, chapter thirty-one-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
four-b, to read as follows:
ARTICLE 2. DIVISION OF BANKING.
§31A-2-4b. Provision of legal services.
(a) Notwithstanding any provision of this code to the
contrary, the commissioner of banking shall have plenary power
and authority to acquire any legal services the commissioner
deems necessary to carry out the functions and duties of the
division of banking or the office of commissioner of banking
including, but not limited to, representation of the division or
the commissioner in any administrative or judicial proceeding.
(b) Legal services may be provided by attorneys licensed to
practice law who are employed by the commissioner on a salary
basis or retained by the commissioner on a reasonable fee basis.
(c) The commissioner may also request the assistance of the
attorney general and be represented in an administrative or
judicial proceeding by a deputy or assistant attorney general
acceptable to the commissioner of banking.
NOTE: The purpose of this bill is to allow the Commissioner
of Banking to employ legal counsel to represent the Commissioner
in administrative or judicial proceedings or to provide other
legal services.
This section is new; therefore, strike-throughs and
underscoring are omitted.
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