HOUSE JOINT RESOLUTION NO. 15
(By Delegates Delong, Caputo, Longstreth,
Perdue and Martin)
[Introduced January 24, 2007; referred to the Committee on
Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending sections one, two and seventeen, article
VII thereof, relating to making the Consumer Advocate an
elected official; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand eight, which proposed amendment is that
sections one, two and seventeen, article VII thereof, be amended to
read as follows:
ARTICLE VII.
§1. Executive Department.
The Executive Department shall consist of a Governor,
Secretary of State, Auditor, Treasurer, Consumer Advocate,
Commissioner of Agriculture and Attorney General, who shall be ex
officio reporter of the Court of Appeals. Their terms of office
shall be four years, and shall commence on the first Monday after
the second Wednesday of January next after their election. They
shall reside at the seat of government during their terms of
office, keep there the public records, books and papers pertaining
to their respective offices, and shall perform such duties as may
be prescribed by law.
(a)
The Consumer Advocate is authorized to:
(1) Institute, intervene in, or otherwise participate in, as
an advocate for the public interest and the interests of insurance
consumers, proceedings in state and federal courts, before
administrative agencies, or before the Health Care Authority,
concerning applications or proceedings before the Health Care
Authority or the review of any act, failure to act, or order of the
Health Care Authority;
(2) At the request of one or more policyholders, or whenever
the public interest is served, to advocate the interests of those
policyholders in proceedings arising out of any filing made with
the Insurance Commissioner by any insurance company or relating to
any complaint alleging an unfair or deceptive act or practice in the business of insurance, or involving any matter, including, but
not limited to, rate increases or policy exclusions proposed or
incorporated by any insurance company which relates to the issuance
or renewal of any casualty, liability, accident-related, life,
automobile, homeowner, rental, umbrella or other insurance
coverage;
(3) Institute, intervene in, or otherwise participate in, as
an advocate for the public interest and the interests of insurance
consumers, proceedings in state and federal courts, before
administrative agencies, or before the Insurance Commissioner,
concerning applications or proceedings before the commissioner or
the review of any act, failure to act, or order of the Insurance
Commissioner;
(4) Review and compile information, data and studies of the
reasonable and customary rate schedules of insurers, for the
purposes of reviewing, establishing, investigating, or supporting
any policy regarding insurance rates;
(5) Exercise all the same rights and powers regarding
examination and cross-examination of witnesses, presentation of
evidence, rights of appeal and other matters as any party in
interest appearing before the Insurance Commissioner or the Health
Care Authority;
(6) Hire consultants, experts, lawyers, actuaries,
economists, statisticians, accountants, clerks, stenographers, support staff, assistants and other personnel necessary to carry
out the official duties of the office;
(7) Contract for the services of technically qualified
persons in the area of insurance matters to assist in the
preparation and presentation of matters before the courts, the
Insurance Commissioner, administrative agencies, or the Health Care
Authority, which persons shall be paid from special revenue funds
appropriated for the use of the office.
§2.
Election.
An election for Governor, Secretary of State, Auditor,
Treasurer, Consumer Advocate, Commissioner of Agriculture and
Attorney General shall be held at such times and places as may be
prescribed by law.
§17.
Vacancies in other Executive Departments.
If the office of Secretary of State, Auditor, Treasurer,
Consumer Advocate, Commissioner of Agriculture or Attorney General
shall become vacant by death, resignation, or otherwise, it shall
be the duty of the Governor to fill the same by appointment, and
the appointee shall hold his or her office until his or her
successor shall be elected and qualified in such manner as may be
prescribed by law. The subordinate officers of the Executive
Department and the officers of all public institutions of the state
shall keep an account of all moneys received or disbursed by them,
respectively, from all sources, and for every service performed, and make a semiannual report thereof to the Governor under oath or
affirmation; and any officer who shall wilfully willfully make a
false report shall be deemed guilty of perjury.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Elected Consumer Advocate Amendment" and the purpose of the
proposed amendment is summarized as follows: "To amend the State
Constitution to make the Consumer Advocate an elected official."
NOTE: The purpose of this resolution is to make the Consumer
Advocate an elected official.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.