Committee Substitute
House Bill 4596 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4596
(
By Mr. Speaker, (Mr. Kiss), and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on the Judiciary)
[February 27, 2006]
A BILL to amend and reenact §22A-1-3 of the Code of West Virginia,
1931, as amended, relating to the director of the Office of
Miners' Health, Safety and Training; providing the Secretary
of the Department of Commerce as interim director; revising
qualifications for the director; providing for appointment of
an acting director; and establishing minimum qualifications
for the acting director.
Be it enacted by the Legislature of West Virginia:
That §22A-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-3. Director of the Office of Miners' Health, Safety and
Training.
(a) The Director of the Office of Miners' Health, Safety and Training is responsible for surface and underground safety
inspections of coal mines and the administration of the Office of
Miners' Health, Safety and Training.
(b) The director is the chief executive officer of the office.
Subject to provisions of law, he or she shall organize the office
into those offices, sections, agencies and other units of activity
found by the director to be desirable for the orderly, efficient
and economical administration of the office. The director may
appoint any other employees needed for the operation of the office
and may prescribe their powers and duties and fix their
compensation within amounts appropriated.
(c) The director shall be appointed by the Governor, by and
with the advice and consent of the Senate, and shall serve at the
will and pleasure of the Governor.
(d) The Director of the Office of Miners' Health, Safety and
Training shall be a citizen of West Virginia, shall be a competent
person of good repute and temperate habits with a demonstrated
interest and five years' education or training in underground
mining safety, or and three years' experience in underground coal
mining and shall have at least three years of experience in a
position of responsibility in at least one discipline relating to
the duties and responsibilities for which the director will be
responsible upon assumption of the office of director. Special
reference shall be given to his or her administrative experience and ability. The director shall devote all of his or her time to
the duties of the position of director and shall not be directly
interested financially in any mine in this or any other state nor
shall the director, either directly or indirectly, be a majority
owner of, or have control of or a controlling interest in, a mine
in this or any other state. The director shall not be a candidate
for or hold any other public office, shall not be a member of any
political party committee and shall immediately forfeit and vacate
his or her office as director in the event he or she becomes a
candidate for or accepts appointment to any other public office or
political party committee: Provided, That, in the event of a
vacancy in the position of director, the Governor may fill the
director's position on an interim basis by appointing an acting
director to exercise the powers of the director. The acting
director shall be a citizen of West Virginia, shall be a competent
person of good repute and temperate habits with a demonstrated
interest and five years' education, training or experience in
underground coal mining safety and shall have at least three years
of experience in a position of responsibility in at least one
discipline relating to the duties and responsibilities for which
the acting director will be responsible during his or her interim
service in the office of director. The interim service appointment
can not last for more than one year, after which a permanent
director must be appointed.
(e) The director shall be allowed and paid necessary expenses
incident to the performance of his or her official duties. Prior
to the assumption of his or her official duties, the director shall
take the oath required of public officials prescribed by section
five, article IV of the Constitution of West Virginia and shall
execute a bond, with surety approved by the Governor, in the penal
sum of ten thousand dollars. The executed oath and bond shall be
filed in the Office of the Secretary of State. Premiums on the
bond shall be paid from office funds.