WEST virginia Legislature
2016 regular session
Senate Bill 553
By Senator Trump
Referred to the Committee on Government Organization.]
A BILL to amend and reenact §33-2-21a of the Code of West Virginia, 1931, as amended, relating to the Volunteer Fire Department Workers= Compensation Subsidy Program and the Volunteer Fire Department Workers= Compensation Premium Subsidy Fund; and providing for the merger of the purposes and provisions of the subsidy program and the subsidy fund in the state agency workers= compensation programs section of the code.
Be it enacted by the Legislature of West Virginia:
That §33-2-21a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-21a. State agency workers= compensation programs.
(a) The intent of this section is to provide a means of managing workers= compensation coverage for persons directly employed by the State of West Virginia and the Volunteer Fire Departments Workers= Compensation Subsidy Program and the Volunteer Fire Department Workers= Compensation Premium Subsidy Fund. For the purposes of this section:
(1) ADiscretionary participant@ means the Parkways Authority, offices of the State Auditor, the State Treasurer, the Secretary of State, the Attorney General, the Department of Agriculture, the State Senate and House of Delegates or their related entities, the Supreme Court of Appeals, the State Police, Volunteer Fire Departments and any other spending unit of the state that is required by section twelve, article two, chapter eleven-b of this code to provide a detailed expenditure schedule to the Secretary of Revenue in his or her capacity as Director of the Budget: Provided, That the term Adiscretionary participant@ does not include any executive state entity other than the State Police and the Parkways Authority, any county board of education, any other county entity or its instrumentality or any municipality or its instrumentality.
(2) AExecutive state entity@ means the Governor=s Office and its affiliated entities, Bureau of Senior Services or any state department, division, fund, office, position, system, survey or other entity of state government, however designated, transferred to and incorporated in one of the executive departments created in section two, article one, chapter five-f of this code, except the State Police, and that is required by section twelve, article two, chapter eleven-b of this code to provide a detailed expenditure schedule to the Secretary of Revenue in his or her capacity as Director of the Budget.
(b) Notwithstanding any
provision of this code to the contrary, the commissioner has sole
responsibility for managing the workers' compensation risks of all executive
state entities and for supervising and controlling the workers= compensation programs for such entities: Provided,
That any discretionary participant may participate in the program upon
application to the commissioner under the same terms and conditions as are
applicable to executive state entities: Provided,
That a discretionary participant is, in accordance with rules governing the
program, permitted to withdraw from continued participation in the program.
(c) The commissioner may assess such fees or surcharges on participants in the program necessary to manage the workers= compensation risks of those participants. All premiums, fees and surcharges shall be established in accordance with generally acceptable actuarial standards applicable to Workers Compensation coverage as to each participant and as to all participants in the aggregate. The commissioner shall establish criteria for assessments of premiums, fees and surcharges designed to provide the most cost efficient coverage for all participants.
(d) The provisions of article three, chapter five-a of this code relating to the Purchasing Division of the Department of Administration do not apply to any contract entered into by the commissioner in furtherance of the requirements of this section: Provided, That those contracts shall be awarded on a competitive basis.
(e) (1) There is hereby established the State Entities Workers= Compensation Program Fund. All premiums, surcharges, assessments, deposits or any other moneys or funds deposited or otherwise designated or accruing to the fund as well as all earnings payable to it, shall be deposited in the State Treasury to the credit of the fund. Expenditures from the fund shall be for the purposes set forth in this section, are authorized from collections, and shall not revert to the General Fund. The fund shall be a separate and distinct fund upon the books and records of the Auditor and Treasurer, and disbursements therefrom shall be made upon requisitions signed by the Insurance Commissioner: Provided, That notwithstanding any provision of this section to the contrary, effective July 1, 2016, the Volunteer Fire Department Workers= Compensation Subsidy Program created by section fourteen-a, article four, chapter twelve of this code, and the Volunteer Fire Department Workers= Compensation Premium Subsidy Fund created by section thirty-three-a, article three of this chapter and all of the provisions and purposes of those sections, shall be merged with this section.
(2) Any premiums, assessments or deposits or any other moneys or funds received for the purposes of this section shall be invested by the State Treasurer at the request of the commissioner.
(3) The Insurance Commissioner may borrow funds as is determined necessary from the Insurance Commission Fund, created in section thirteen-b, article three, chapter thirty-three of this code for the initial operations of the workers= compensation program for state entities: Provided, That any borrowed funds shall be deposited to the credit of the state Entities Workers= Compensation Program Fund: Provided, however, That these borrowed funds shall be repaid, without interest, and redeposited to the credit of the Insurance Commission Fund as determined by the Insurance Commissioner.
(f) The commissioner may promulgate emergency rules and shall propose for legislative approval legislative rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of the provisions of this section.
(g) The commissioner shall submit reports on the status and progress of the program established in this section to the Joint Committee on Government and Finance monthly and upon request, together with any other specific information on the program requested by the committee.
(h) The commissioner shall consult with the state Board of Risk and Insurance Management to solicit any applicable experience and expertise in establishing and managing a program to provide insurance coverage to state agencies.
NOTE: The purpose of this bill is to provide for the merger of the purposes and provisions of the Volunteer Fire Departments Workers= Compensation Subsidy Program and the Volunteer Fire Department Workers= Compensation Premium Subsidy Fund, in §12-4-14A and §33-3-33a of the code, in the state agency workers= compensation programs so that there is no duplication of the purposes of the subsidy program.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.