A BILL to amend article one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a; and to amend article two, chapter thirty-one-a of said code, by adding thereto a new section, designated section four-b, relating generally to powers of tax commissioner and banking commissioner to employ staff attorneys, retain outside counsel, or request attorney general to represent the tax commissioner and banking commissioner in any judicial or administrative proceeding or furnish any other legal services.

Be it enacted by the Legislature of West Virginia:
That article one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-a; and that

to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 1. SUPERVISION.
§11-1-1a. Provision of legal services.
(a) Notwithstanding any provision of this code to the contrary, the tax commissioner shall have plenary power and authority to acquire any legal services the commissioner deems necessary to carry out the functions and duties of the state tax division or the office of tax commissioner, including, but not limited to, representation of the tax 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 tax commissioner.
CHAPTER 31A. BANKS AND BANKING.
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.

These sections are new; therefore, strike-throughs and underscoring are omitted.