HOUSE JOINT RESOLUTION NO. 15

(By Delegates Delong, Caputo, Longstreth,
Perdue and Martin)

[Introduced January 9, 2008; 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.