ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2912
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed April, 14, 2001; in effect from passage.]
AN ACT
to amend and reenact sections two, three, four, five, six,
seven and eight, article two-a, chapter four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section three, article sixteen,
chapter five of said code; to amend and reenact section three,
article one, chapter five-f of said code; to amend and reenact
sections two and two-a, article seven, chapter six of said
code; to amend and reenact section six, article four, chapter
seven of said code; to amend and reenact section thirteen,
article one, chapter ten of said code; to amend and reenact
section one, article one, chapter eleven of said code; to
amend and reenact section five, article twenty-nine-b, chapter
sixteen of said code; to amend and reenact section four,
article twenty-three, chapter nineteen of said code; to amend
and reenact section five, article two, chapter twenty-one-a of
said code; to amend and reenact section six, article one,
chapter twenty-two of said code; to amend and reenact section three, article one, chapter twenty-two-a of said code; to
amend and reenact section four, article one, chapter twenty-
two-c of said code; to amend and reenact section three,
article one, chapter twenty-four of said code; and to amend
and reenact section four, article twenty, chapter thirty-one
of said code, all relating to salary adjustments for certain
public officials.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, seven and eight,
article two-a, chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; that section three, article sixteen, chapter five of
said code be amended and reenacted; that section three, article
one, chapter five-f of said code be amended and reenacted; and that
sections two and two-a, article seven, chapter six of said code be
amended and reenacted; that section six, article four, chapter
seven of said code be amended and reenacted; that section thirteen,
article one, chapter ten of said code be amended and reenacted;
that section one, article one, chapter eleven of said code be
amended and reenacted; that section five, article twenty-nine-b,
chapter sixteen of said code be amended and reenacted; that section
four, article twenty-three, chapter nineteen of said code be
amended and reenacted; that section five, article two, chapter
twenty-one-a of said code be amended and reenacted; that section
six, article one, chapter twenty-two of said code be amended and
reenacted; that section three, article one, chapter twenty-two-a of said code be amended and reenacted; that section four, article one,
chapter twenty-two-c of said code be amended and reenacted; that
section three, article one, chapter twenty-four of said code be
amended and reenacted; and that section four, article twenty,
chapter thirty-one of said code be amended and reenacted, all to
read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE
LEGISLATURE.
PART II. COMPENSATION.
§4-2A-2. Basic compensation for services; proration.
(a) Each member of the Legislature shall receive as basic
compensation for his or her services the sum of fifteen thousand
dollars per calendar year. In addition to the basic compensation,
members shall receive the additional compensations as are expressly
provided for in sections three, four and five of this article.
Except for the increased basic compensation set forth in this
subsection, all other increased amounts or new amounts in respect
to the compensation or expenses of members of the Legislature, set
forth in the resolution of the citizens legislative compensation
commission, dated the eighth day of January, one thousand nine
hundred ninety-nine, and implemented in sections two through eight
of this article providing for new amounts or amounts increased to
new amounts greater than those in force and effect on the first day
of January, two thousand, shall all become effective for calendar year two thousand one, and each calendar year thereafter as
prescribed in this section.
(b) The basic compensation shall be payable twice a month
during each regular session of the Legislature, without regard to
any extension of the regular session. In the event of the death,
resignation or removal of a member of the Legislature during a
regular session of the Legislature and the appointment and
qualification of his or her successor during any regular session,
the basic compensation provided for in this section shall be
prorated between the original member and his or her successor on
the basis of the number of days served (including Saturdays and
Sundays) as a member of the Legislature by each during the regular
session of sixty calendar days.
(c) In the event of the death, resignation or removal of a
member of the Legislature and the appointment and qualification of
his or her successor subsequent to the regular session of the
Legislature held in the calendar year in which such successor was
appointed and qualified, none of the basic compensation provided
for in this section shall be paid to such successor.
§4-2A-3. Compensation for members of the Legislature during any
extension of regular session or during extraordinary
session.
Each member of the Legislature shall receive, in addition to
the basic compensation provided for in section two of this article,
additional compensation of one hundred fifty dollars per day for each day of attendance in person upon any business of the Senate or
House of Delegates, as the case may be, on each day upon which the
Senate or House of Delegates is actually called to order during
each extension of regular session or during extraordinary session
of the Legislature. The additional compensation shall be paid from
time to time during any extended session or extraordinary session,
as prescribed by rules established by the legislative auditor.
§4-2A-4. Additional compensation for president of Senate, speaker
of House of Delegates, majority leaders, minority
leaders, certain committee chairs and selected members
of both houses.
(a) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
president of the Senate and the speaker of the House of Delegates
shall each receive additional compensation of:
(1) Fifty dollars per day for each day actually served during
any regular, extension of regular or extraordinary session as
presiding officer, including Saturdays and Sundays; and
(2) One hundred fifty dollars per day up to a maximum of
eighty days per calendar year for attending to legislative business
in their offices in the capitol building when the Legislature is
not in regular, extension of regular or extraordinary session and
interim committees are not meeting.
(b) In addition to the basic and additional compensation
provided for in sections two and three of this article, the majority leaders and minority leaders of the Senate and of the
House of Delegates shall each receive additional compensation of
twenty-five dollars per day for each day actually served during any
regular, extension of regular or during extraordinary session,
including Saturdays and Sundays, as the selected legislative
leaders of their respective political parties.
(c) The presiding officer and majority and minority leader
compensation shall be paid from time to time during any such
session or interim period, as the case may be, as may be prescribed
by rules established by the legislative auditor.
(d) In addition to the basic and additional compensation
provided for in sections two and three of this article, the
chairpersons of the committees on finance and committees on the
judiciary of the respective houses and up to four additional
persons from each house, to be named by the presiding officer,
shall each receive an additional compensation of one hundred fifty
dollars per day up to a maximum of thirty days for attending to
legislative business in their offices in the capitol building when
the Legislature is not in regular, extended or extraordinary
session and interim committees are not meeting.
§4-2A-5. Interim compensation for members.
(a) In addition to the basic and any additional compensation
provided for in sections two, three and four of this article, each
member shall receive interim compensation of one hundred fifty
dollars per day for each day actually engaged in the performance of
interim duties as a member of any interim committee between regular sessions of the Legislature:
Provided, That the total additional
interim compensation payable to any member and his or
her replacement, if any, on a committee or commission under the
provisions of this subsection shall not exceed the sum of four
thousand five hundred dollars per calendar year.
(b) In addition to the basic and any additional compensation
provided for in sections two, three and four of this article and
subsection (a) of this section, each member shall receive interim
compensation of one hundred fifty dollars per day for each day
actually engaged in the performance of legislative duties at a
meeting of any statutorily created legislative committee which
meets between regular sessions of the Legislature and outside of
regular interim meetings when authorized by the committee cochairs
and approved by the president of the Senate and the speaker of the
House of Delegates, not to exceed fifteen days per calendar year.
PART III. EXPENSES.
§4-2A-6. Travel expenses.
(a) Each member of the Legislature is entitled to be
reimbursed, upon submission of an expense voucher, for expenses
incurred incident to travel in the performance of his or her duties
as a member of the Legislature or any committee of the Legislature,
whether the committee is operating under general law or resolution,
including, but not limited to, attendance at party caucuses held in
advance of the date of the assembly of the Legislature in regular
session in odd-numbered years for the purpose of selecting
candidates for officers of the two houses, at a rate equal to that paid by the travel management office of the department of
administration for the most direct usually traveled route, if
travel is by private automobile, or for actual transportation costs
for direct route travel, if travel is by public carrier, or for any
combination of those means of transportation actually used, plus
the cost of necessary taxi or limousine service, tolls and parking
fees in connection with the travel, but during any regular,
extension of regular or extraordinary session, travel expenses
shall not be paid to any member for more than one round trip to and
from the seat of government and to and from his or her place of
residence for each week of the session.
(b) In addition to the travel expense in subsection (a) of
this section, the president of the Senate and the speaker of the
House of Delegates are entitled to be reimbursed as provided in
subsection (a) of this section, upon submission of an expense
voucher, for expenses incurred incident to travel for up to a
maximum of eighty days per calendar year in connection with their
visits to the capitol building for business which is related to
their duties as presiding officers of the respective houses of the
Legislature, but which takes place when the Legislature is not in
regular, extension of regular or extraordinary session and interim
committees are not meeting.
(c) The rate paid for mileage pursuant to this section may
change from time to time in accordance with changes in the
reimbursement rates established by the travel management office of
the department of administration, or its successor agency.
§4-2A-7. Reimbursement for expenses incurred during any session or
interim assignment.
(a) Each member of the Legislature who does not commute daily
shall receive the sum of one hundred fifteen dollars per day as per
diem allowance in connection with any regular, extended,
extraordinary session, interim assignment or for any member
authorized by the presiding officer. Any member of the Legislature
who does commute daily shall receive the sum of fifty-five dollars
per day as the per diem allowance and, in addition to the
allowance, shall be reimbursed for overnight commuting expenses at
the mileage rate equal to the amount paid by the travel management
office of the department of administration for the most direct
usually traveled route, if travel is by private automobile, or for
actual transportation costs for direct route travel, if travel is
by public carrier, or for any combination of the means of
transportation actually used, plus the costs of necessary taxi or
limousine service, tolls and parking fees in connection with the
travel:
Provided, That the total of this per diem allowance plus
travel expense for a daily commuting member shall not exceed one
hundred fifteen dollars per day. The amount for mileage paid
pursuant to this subsection may change from time to time in
accordance with changes in the level of reimbursement by the travel
management office.
(b) The president of the Senate and the speaker of the House
of Delegates, the chairman of the house committee on finance, the chairman of the senate committee on finance, the chairman of the
house committee on the judiciary, the chairman of the senate
committee on the judiciary, and up to four additional persons from
each house designated by the presiding officer pursuant to section
four of this article, shall be reimbursed for travel at the rate
established in subsection (a) of this section, and shall further
receive the per diem allowance established in the subsection in
connection with their visits to the capitol for business which is
related to their duties as officers at the times when the
Legislature is not in regular, extended or extraordinary session,
and interim committees are not meeting.
§4-2A-8. Out-of-state expenses.
In addition to reimbursement for travel expenses as authorized
in section six of this article, each member of the Legislature
traveling from West Virginia to an out-of-state point or points and
returning incident to the performance of his or her duties as a
member of the Legislature or any committee of the Legislature,
whether the committee is operating under general law or resolution,
where the travel has been duly authorized, is entitled to be
reimbursed, upon submission of an expense voucher for the travel,
for all reasonable and necessary expenses actually incurred
incident to the travel, but the total of any and all reimbursed
expenses, exclusive of reimbursement for travel expenses, shall not
under any circumstances exceed the actual cost of housing at the
least expensive available single rate and meal and miscellaneous
expenses of fifty-five dollars per day. A receipt for the amount paid for housing and for travel by any public transportation to and
from West Virginia shall be submitted with the expense voucher, but
a receipt is not required to be submitted with any expense voucher
for meal and miscellaneous expenses.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-3. Public employees insurance agency continued; appointment,
qualification, compensation and duties of director of
agency; employees; civil service coverage; director
vested after specified date with powers of public
employees insurance board; expiration of agency.
(a) The public employees insurance agency is continued, and
consists of the director, the finance board, the advisory board and
any employees who may be authorized by law. The director shall be
appointed by the governor, with the advice and consent of the
Senate. He or she shall serve at the will and pleasure of the
governor, unless earlier removed from office for cause as provided
by law. The director shall have at least three years experience in
health insurance administration prior to appointment as director.
The director shall receive actual expenses incurred in the
performance of official business. The director shall employ such
administrative, technical and clerical employees that are required for the proper administration of the insurance programs provided
for in this article. The director shall perform the duties that
are required of him or her under the provisions of this article and
is the chief administrative officer of the public employees
insurance agency. The director may employ a deputy director.
(b) All positions in the agency, except for the director, his
or her personal secretary, the deputy director and the chief
financial officer shall be included in the classified service of
the civil service system pursuant to article six, chapter
twenty-nine of this code. Any person required to be included in
the classified service by the provisions of this subsection who was
employed in any of the positions included in this subsection on or
after the effective date of this article shall not be required to
take and pass qualifying or competitive examinations upon or as a
condition to being added to the classified service:
Provided, That
no person required to be included in the classified service by the
provisions of this subsection who was employed in any of the
positions included in this subsection as of the effective date of
this section shall be thereafter severed, removed or terminated in
his or her employment prior to his or her entry into the classified
service except for cause as if the person had been in the
classified service when severed, removed or terminated.
(c) The director is responsible for the administration and
management of the public employees insurance agency as provided for
in this article and in connection with his or her responsibility
may make all rules necessary to effectuate the provisions of this article. Nothing in section four or five of this article limits
the director's ability to manage on a day-to-day basis the group
insurance plans required or authorized by this article, including,
but not limited to, administrative contracting, studies, analyses
and audits, eligibility determinations, utilization management
provisions and incentives, provider negotiations, provider
contracting and payment, designation of covered and noncovered
services, offering of additional coverage options or cost
containment incentives, pursuit of coordination of benefits and
subrogation, or any other actions which would serve to implement
the plan or plans designed by the finance board.
(d) The public employees insurance agency shall terminate in
the manner provided in article ten, chapter four of this code, on
the first day of July, two thousand one, unless extended by
legislation enacted before the termination date:
Provided, That
the public employees insurance agency advisory board, created in
section six of this article, shall terminate in the manner provided
in article ten, chapter four of this code on the first day of July,
one thousand nine hundred ninety-six.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE
BRANCH OF STATE GOVERNMENT.
ARTICLE 1. GENERAL PROVISIONS.
§5F-1-3. Oath; bond; compensation.
(a) Each person appointed to serve as a secretary shall take
the oath or affirmation prescribed by section five, article four of the constitution, and the oath shall be certified by the person who
administers the same and filed in the office of the secretary of
state.
(b) Each person appointed shall give bond in the penalty of
twenty-five thousand dollars conditioned for the faithful
performance of the duties of the office. The bond shall be
approved by the attorney general as to form and by the governor as
to sufficiency. The surety of the bond may be a bonding or surety
company, in which case the premium shall be paid out of the
appropriation made for the administration of the department.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2. Salaries of certain state officers.
(a) The salaries for each of the state constitutional officers
are as follows:
(1) The salary of the governor is ninety thousand dollars per
year;
(2) The salary of the attorney general is seventy-five
thousand dollars per year;
(3) The salary of the auditor is seventy thousand dollars per
year;
(4) The salary of the secretary of state is sixty-five
thousand dollars per year;
(5) The salary of the commissioner of agriculture is seventy
thousand dollars per year; and
(6) The salary of the state treasurer is seventy thousand
dollars per year.
(b) Beginning in the calendar year two thousand five, and for
each calendar year thereafter, salaries for each of the state
constitutional officers shall be as follows:
(1) The salary of the governor shall be ninety-five thousand
dollars per year;
(2) The salary of the attorney general shall be eighty
thousand dollars per year;
(3) The salary of the auditor shall be seventy-five thousand
dollars per year;
(4) The salary of the secretary of state shall be seventy
thousand dollars per year;
(5) The salary of the commissioner of agriculture shall be
seventy-five thousand dollars per year; and
(6) The salary of the state treasurer shall be seventy-five
thousand dollars per year.
§6-7-2a. Terms of certain appointive state officers; appointment;
qualifications; powers and salaries of such officers.
(a) Each of the following appointive state officers named in
this subsection shall be appointed by the governor, by and with the
advice and consent of the Senate. Each of the appointive state
officers serves at the will and pleasure of the governor for the
term for which the governor was elected and until the respective
state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing
qualifications for holding each respective office and each has and
is hereby granted all of the powers and authority and shall perform
all of the functions and services heretofore vested in and
performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand one, each such
named appointive state officer shall continue to receive the annual
salaries they were receiving as of the effective date of the
enactment of this section in two thousand one, and thereafter,
notwithstanding any other provision of this code to the contrary,
the annual salary of each named appointive state officer shall be
as follows:
Administrator, division of highways, ninety thousand dollars;
administrator, state tax division, sixty-five thousand dollars;
administrator, division of corrections, seventy-five thousand
dollars; administrator, division of natural resources, seventy
thousand dollars; superintendent, state police, seventy-five
thousand dollars; administrator, lottery division, seventy-five
thousand dollars; director, public employees insurance agency,
seventy-five thousand dollars; administrator, division of banking,
sixty thousand dollars; administrator, division of insurance, sixty
thousand dollars; administrator, division of culture and history,
fifty-five thousand dollars; administrator, alcohol beverage
control commission, seventy thousand dollars; administrator,
division of motor vehicles, seventy thousand dollars; director,
division of personnel, fifty-five thousand dollars; adjutant general, seventy-five thousand dollars; chairman, health care
authority, seventy thousand dollars; members, health care
authority, sixty thousand dollars; director, human rights
commission, forty-five thousand dollars; administrator, division of
labor, sixty thousand dollars; administrator, division of veterans
affairs, forty-five thousand dollars; administrator, division of
emergency services, forty-five thousand dollars; members, board of
parole, forty-five thousand dollars; members, employment security
review board, seventeen thousand dollars; members, workers'
compensation appeal board, seventeen thousand eight hundred
dollars; administrator, bureau of employment programs, seventy
thousand dollars; administrator, bureau of commerce, seventy
thousand dollars; administrator, bureau of environment, seventy
thousand dollars; director, office of miner's health, safety and
training, sixty-five thousand dollars. Secretaries of the
departments shall be paid an annual salary as follows: Health and
human resources, ninety thousand dollars; transportation, seventy-
five thousand dollars; tax and revenue, seventy-five thousand
dollars; military affairs and public safety, seventy-five thousand
dollars; administration, seventy-five thousand dollars; education
and the arts, seventy-five thousand dollars; environmental
protection, seventy-five thousand dollars.
(b) Each of the state officers named in this subsection shall
continue to be appointed in the manner prescribed in this code,
and, prior to the first day of July, two thousand one, each of the
state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective
date of the enactment of this section in two thousand one, and
shall thereafter, notwithstanding any other provision of this code
to the contrary, be paid an annual salary as follows:
Administrator, division of risk and insurance management,
fifty-five thousand dollars; director, division of rehabilitation
services, sixty thousand dollars; executive director, educational
broadcasting authority, sixty thousand dollars; secretary, library
commission, sixty-seven thousand dollars; director, geological and
economic survey, fifty-two thousand five hundred dollars; executive
director, prosecuting attorneys institute, sixty thousand dollars;
; executive director, public defender services, sixty thousand
dollars; commissioner, bureau of senior services, seventy thousand
dollars; director, state rail authority, fifty-five thousand
dollars; executive secretary, women's commission, thirty-one
thousand dollars;; director, hospital finance authority, twenty-six
thousand dollars; member, racing commission, five thousand dollars;
chairman, public service commission, seventy thousand dollars;
members, public service commission, seventy thousand dollars.
(c) No increase in the salary of any appointive state officer
pursuant to this section shall be paid until and unless the
appointive state officer has first filed with the state auditor and
the legislative auditor a sworn statement, on a form to be
prescribed by the attorney general, certifying that his or her
spending unit is in compliance with any general law providing for
a salary increase for his or her employees. The attorney general shall prepare and distribute the form to the affected spending
units.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-6. West Virginia prosecuting attorneys institute.
(a) There is continued the West Virginia prosecuting attorneys
institute, a public body whose membership shall consist of the
fifty-five elected county prosecuting attorneys in the state. The
institute shall meet at least once each calendar year and the
presence of twenty-eight of the fifty-five prosecutors at any
meeting constitutes a quorum for the conduct of the institute's
business.
(b) There is continued the executive council of the West
Virginia prosecuting attorneys institute which shall consist of
five prosecuting attorneys elected by the membership of the West
Virginia prosecuting attorneys institute at its annual meeting and
two persons appointed annually by the county commissioner's
association of West Virginia. The executive council shall elect
one member of the council to serve as chairman of the institute for
a term of one year without compensation. The executive council
shall serve as the regular executive body of the institute.
(c) There is continued the position of executive director of
the West Virginia prosecuting attorneys institute to be employed by
the executive council of the institute. The executive director of
the West Virginia prosecuting attorneys institute shall serve at the will and pleasure of the executive council of the institute.
The executive director shall be licensed to practice law in the
state of West Virginia and shall devote full time to his or her
official duties and may not engage in the private practice of law.
(d) The duties and responsibilities of the institute, as
implemented by and through its executive council and its executive
director, shall include the following:
(1) The provision for special prosecuting attorneys to pursue
a criminal matter in any county upon the request of a circuit court
judge of that county and upon the approval of the executive
council;
(2) The establishment and implementation of general and
specialized training programs for prosecuting attorneys and their
professional staffs;
(3) The provision of materials for prosecuting attorneys and
their professional staffs, including legal research, technical
assistance and technical and professional publications;
(4) The compilation and dissemination of information on behalf
of prosecuting attorneys and their professional staffs on current
developments and changes in the law and the administration of
criminal justice;
(5) The establishment and implementation of uniform reporting
procedures for prosecuting attorneys and their professional staffs
in order to maintain and to provide accurate and timely data and
information relative to criminal prosecutorial matters;
(6) The acceptance and expenditure of, grants and gifts and acceptance of services from any public or private source;
(7) The entering into of agreements and contracts with public
or private agencies or educational institutions;
(8) The identification of experts and other resources for use
by prosecutors in criminal matters;
(9) The recommendation to the Legislature or the supreme court
of appeals of the state of West Virginia on measures required, or
procedural rules to be promulgated, to make uniform the processing
of juvenile cases in the fifty-five counties of the state; and
(10) The development of a written handbook for prosecutors and
their assistants to use which delineates relevant information
concerning the elements of various crimes in West Virginia and
other information the institute considers appropriate.
(e) Each prosecuting attorney is subject to appointment by the
institute to serve as a special prosecuting attorney in any county
where the prosecutor for that county or his or her office has been
disqualified from participating in a particular criminal case. The
circuit judge of any county of this state, who disqualifies the
prosecutor or his or her office from participating in a particular
criminal case in that county, shall seek the appointment by the
institute of a special prosecuting attorney to substitute for the
disqualified prosecutor. The executive director of the institute
shall, upon written request to the institute by any circuit judge
as a result of disqualification of the prosecutor or for other good
cause shown, and upon approval of the executive council, appoint a
prosecuting attorney to serve as a special prosecuting attorney. The special prosecuting attorney appointed shall serve without any
further compensation other than that paid to him or her by his or
her county, except that he or she is entitled to be reimbursed for
his or her legitimate expenses associated with travel, mileage and
room and board from the county to which he or she is appointed as
a prosecutor. The county commission in which county he or she is
special prosecutor is responsible for all expenses associated with
the prosecution of the criminal action. No person who is serving
as a prosecuting attorney or assistant prosecuting attorney of any
county is required to take an additional oath when appointed to
serve as a special prosecuting attorney.
(f) The executive director of the institute shall maintain an
appointment list that shall include the names of all fifty-five
prosecuting attorneys and that shall also include the names of any
assistant prosecuting attorney who wishes to serve as a special
prosecuting attorney upon the same terms and conditions as set
forth in this section. The executive director of the institute,
with the approval of the executive council, shall appoint special
prosecuting attorneys from the appointment list for any particular
matter giving due consideration to the proximity of the proposed
special prosecuting attorney's home county to the county requesting
a special prosecutor and giving due consideration to the expertise
of the special prosecuting attorney.
(g) Each county commission shall pay, on a monthly basis, a
special prosecution premium to the treasurer of the state for the
funding of the West Virginia prosecuting attorneys institute. The monthly premiums shall be paid according to the following schedule:
MONTHLY PREMIUMS
Assessed Valuation of Property
of All Classes in the County
Category
Minimum
MaximumPremium
A
$1,500,000,000
Unlimited
$400
B
$1,000,000,000
$1,499,999,000
$375
C
$ 800,000,000
$ 999,999,000
$350
D
$ 700,000,000
$ 799,999,000
$325
E
$ 600,000,000
$ 699,999,000
$300
F
$ 500,000,000
$ 599,999,000
$250
G
$ 400,000,000
$ 499,999,000
$200
H
$ 300,000,000
$ 399,999,000
$150
I
$ 200,000,000
$ 299,999,000
$100
J
-0-
$ 199,999,000$ 50
Upon receipt of a premium, grant, reimbursement or other
funding source, excluding federal funds as provided in article two,
chapter four of this code, the treasurer shall deposit the funds
into a special revenue fund to be known as the "West Virginia
prosecuting attorneys institute fund". All costs of operating the
West Virginia prosecuting attorneys institute shall be paid from
the West Virginia prosecuting attorneys institute fund upon proper
authorization by the executive council or by the executive director
of the institute and subject to annual appropriation by the
Legislature of the amounts contained within the fund.
(h) The West Virginia prosecuting attorneys institute shall continue to exist until the first day of July, two thousand five,
unless continued by an act of the Legislature. The institute shall
annually by the first day of the regular legislative session
provide the joint committee on government and finance with a report
setting forth the activities of the institute and suggestions for
legislative action.
(i) Neither the institute nor its employees acting in their
employment capacity shall engage in activities before governmental
bodies which advocate positions on issues other than those issues
consistent with the duties of the institute set forth in subsection
(d) of this section.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION;
ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS;
ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 1. PUBLIC LIBRARIES.
§10-1-13. State library commission -- Officers.
(a) The officers of the commission are a chairman, elected
from the members of the commission, for a term of one year, and a
secretary, who shall be a person trained in modern library methods,
not a member of the commission. The secretary shall be appointed
by the commission and shall serve at the will of the commission.
The commission may establish headquarters or maintain its office at
any point in the state determines.
(b) The secretary shall keep a record of the proceedings of
the commission, have charge of its work in organizing new libraries and improving those already established, supervise the work of the
traveling libraries, and in general perform such duties as may from
time to time be assigned to him or her by the commission.
CHAPTER 11. TAXATION.
ARTICLE 1. SUPERVISION.
§11-1-1. Office of tax commissioner continued and designated the
state tax division; appointment, term, oath and bond
of commissioner; powers and duties generally; sections
of division; assistant tax commissioner; assistant
attorneys general to assist commissioner.
(a) The office of the tax commissioner is continued in all
respects as previously constituted in the state government, but is
hereby designated as the state tax division of the department of
tax and revenue.
(b) The tax commissioner is the chief executive officer of the
state tax division and shall be appointed by the governor, by and
with the advice and consent of the Senate, to serve at the will and
pleasure of the governor for the term for which the governor was
elected and until a successor has been appointed and has qualified.
(c) The tax commissioner, before entering upon the duties of
office, shall take the oath or affirmation prescribed by section 5,
article IV of the constitution. The tax commissioner shall give
bond with good security, to be approved by the governor, in the
penalty of fifteen thousand dollars. The tax commissioner shall be
repaid his or her actual disbursements for traveling expenses. The tax commissioner shall be provided with an office in the capitol
and with furniture, office equipment and any necessary clerical
assistance.
(d) The tax commissioner has control and supervision of the
state tax division and is responsible for the work of each of its
sections or other subunits. Each section or bureau shall be headed
by a director appointed by the tax commissioner and who
is responsible to the tax commissioner for the work of his or her
section or bureau. The tax commissioner may create any sections or
bureaus and employ any necessary staff or employees to administer
the state tax laws for which the tax commissioner or tax division
is responsible, within the amount of expenditures appropriated for
operation of the tax division by the Legislature. The tax
commissioner has authority to appoint an assistant tax commissioner
who shall be his or her principal assistant. The powers and duties
vested in the tax commissioner by this chapter and any other
provisions of law may be delegated by the tax commissioner to the
assistant or other employees, but the tax commissioner is
responsible for all official acts of his or her delegates.
(e) The tax commissioner, if he or she considers the action
necessary, may request the attorney general to appoint assistant
attorneys general who shall perform duties as required by the tax
commissioner. The attorney general, in pursuance of the request,
may select and appoint assistant attorneys general, with the
consent of the tax commissioner, to serve during the will and
pleasure of the attorney general, and the assistants shall be paid out of any funds made available for that purpose by the Legislature
to the state tax division.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-5. West Virginia health care authority; composition of the
board; qualifications; terms; oath; expenses of
members; vacancies; appointment of chairman, and
meetings of the board.
The "West Virginia Health Care Cost Review Authority" is
continued as an autonomous division of the department of health and
human resources and shall be known as the "West Virginia Health
Care Authority", hereinafter referred to as the board. Any
references in this code to the West Virginia health care cost
review authority means the West Virginia health care authority.
(a) The board shall consist of three members, appointed by the
governor, with the advice and consent of the Senate. The board
members shall be citizens and residents of this state. No more
than two of the board members may be members of the same political
party. One board member shall have a background in health care
finance or economics, one board member shall have previous
employment experience in human services, business administration or
substantially related fields and one board member shall be a
consumer of health services with a demonstrated interest in health
care issues.
(b) Each board member shall, before entering upon the duties of his or her office, take and subscribe to the oath provided by
section five, article IV of the constitution of the state of West
Virginia, which oath shall be filed in the office of the secretary
of state. The governor shall designate one of the board members to
serve as chairman at the governor's will and pleasure. The
chairman shall be the chief administrative officer of the board.
The governor may remove any board member only for incompetency,
neglect of duty, gross immorality, malfeasance in office or
violation of the provisions of this article. Appointments are for
terms of six years, except that an appointment to fill a vacancy
shall be for the unexpired term only.
(c) No person while in the employ of, or holding any official
relation to, any hospital or health care provider subject to the
provisions of this article, or who has any pecuniary interest in
any hospital or health care provider, may serve as a member of the
board or as an employee of the board. Nor may any board member be
a candidate for or hold public office or be a member of any
political committee while acting as a board member; nor may any
board member or employee of the board receive anything of value,
either directly or indirectly, from any third-party payor or health
care provider. If any of the board members become a candidate for
any public office or for membership on any political committee, the
governor shall remove the board member from the board and shall
appoint a new board member to fill the vacancy created. No board
member or former board member may accept employment with any
hospital or health care provider subject to the jurisdiction of the board in violation of the West Virginia governmental ethics act,
chapter six-b of this code:
Provided, That the act shall not apply
to employment accepted after termination of the board.
(d) The concurrent judgment of two of the board members when
in session as the board shall be considered the action of the
board. A vacancy in the board shall not affect the right or duty
of the remaining board members to function as a board.
CHAPTER 19. AGRICULTURE.
ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia racing commission continued as a public
corporation; composition; terms; vacancies;
qualifications, expenses of members; principal
office; meetings; election of officers; quorum;
inspection of records; annual report.
(a) The "West Virginia racing commission," is continued in
existence as a public corporation and, as such, may contract and be
contracted with, plead and be impleaded, sue and be sued and have
and use a common seal.
(b) The racing commission shall consist of three members, not
more than two of whom shall belong to the same political party, to
be appointed by the governor by and with the advice and consent of
the Senate. The term of office for the members of the racing
commission is four years, and until their successors have been
appointed and have qualified, and members of the racing commission
may serve any number of successive terms. The members of the racing commission in office on the effective date of the amendment
and reenactment of this section in two thousand one shall, unless
removed by the governor after the effective date of this article,
continue to serve until their terms expire and until their
successors have been appointed and have qualified. Any vacancy in
the office of a member of the racing commission shall be filled by
appointment by the governor for the unexpired term of the member
whose office shall be vacant. No person is eligible for
appointment to or to serve upon the racing commission:
(1) Unless he or she is an actual and bona fide resident of
this state, shall have resided in this state for a period of at
least five years next preceding his or her appointment, shall be a
qualified voter of this state and be not less than twenty-five
years of age;
(2) Who directly or indirectly, or in any capacity, owns or
has any interest, in any manner whatever, in any racetrack where
horse or dog race meetings may be held, including, but not limited
to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an
elective officer of this state; or
(4) Who has been or shall be convicted of an offense which,
under the law of this state or any other state or of the United
States of America, constitutes a felony, or is a violation of
article four, chapter sixty-one of this code.
(c) Each member of the racing commission shall be reimbursed
for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a member of the racing
commission.
(d) The racing commission shall have its principal office at
the seat of government, and shall meet annually at its principal
office in the month of January, and at any other times and places
designated by its chairman. At the annual meeting the racing
commission shall elect from its membership a chairman and any other
officers that are desired. Other meetings of the racing commission
may be called by the chairman on such notice to the other members
prescribed by the racing commission.
(e) A majority of the members of the racing commission
constitute a quorum for the transaction of its business or the
exercise of any of its powers and authority. No person not a bona
fide member of the racing commission shall vote upon or participate
in the deliberations of the racing commission on any matter which
may come before it. All racing commission records, except as
otherwise provided by law, shall be open to public inspection
during regular office hours.
(f) As soon as possible after the close of each calendar year,
the racing commission shall submit to the governor a report of the
transactions of the racing commission during the preceding calendar
year.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
§21A-2-5. Traveling expenses.
The commissioner of the bureau of employment programs shall
receive the necessary traveling expenses incident to the
performance of his or her duties. Requisition for traveling
expenses shall be accompanied by a sworn itemized statement which
shall be filed with the auditor and preserved as a public record.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the department of environmental protection.
(a) The secretary is the chief executive officer of the
department. Subject to section seven of this article and other
provisions of law, the secretary shall organize the department into
those offices, sections, agencies and other units of activity found
by the secretary to be desirable for the orderly, efficient and
economical administration of the department and for the
accomplishment of its objects and purposes. The secretary may
appoint a deputy secretary, chief of staff, assistants, hearing
officers, clerks, stenographers and other officers, technical
personnel and employees needed for the operation of the department
and may prescribe their powers and duties and fix their
compensation within amounts appropriated
(b) The secretary may designate supervisory officers or other
officers or employees of the department to substitute for him or
her on any board or commission established under this code or to
sit in his or her place in any hearings, appeals, meetings or other
activities with the substitute having the same powers, duties, authority and responsibility as the director. The secretary has the
power to delegate, as he or she considers appropriate, to
supervisory officers or other officers or employees of the
department his or her powers, duties, authority and responsibility
relating to issuing permits, hiring and training inspectors and
other employees of the department, conducting hearings and appeals
and any other duties and functions set forth in this chapter or
elsewhere in this code.
(c) The secretary has responsibility for the conduct of the
intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner
which supplements and complements the environmental policies,
programs and procedures of the federal government, other state
governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the division
consult with individuals responsible for making policy relating to
environmental issues in the federal government, other state
governments and other instrumentalities of this state concerning
differences over environmental policies, programs and procedures
and concerning the impact of statutory law and rules upon the
environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the secretary by this chapter, the
secretary may:
(1) Sign and execute in the name of the state by the "
department of environmental protection" any contract or agreement with the federal government or its departments or agencies,
subdivisions of the state, corporations, associations, partnerships
or individuals:
Provided, That the powers granted to the secretary
to enter into agreements or contracts and to make expenditures and
obligations of public funds under this subdivision may not exceed
or be interpreted as authority to exceed the powers granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that
comprise and are incorporated into each secretary's department
pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for
environmental protection purposes; to investigate for violations of
statutes or rules which the division is charged with enforcing; to
serve and execute warrants and processes; to make arrests; issue
orders, which for the purposes of this chapter include consent
agreements; and to otherwise enforce the statutes or rules which
the division is charged with enforcing;
(4) Acquire for the state in the name of the " department of
environmental protection" by purchase, condemnation, lease or
agreement, or accept or reject for the state, in the name of the
department of environmental protection, gifts, donations,
contributions, bequests or devises of money, security or property,
both real and personal, and any interest in property;
(5) Provide for workshops, training programs and other educational programs, apart from or in cooperation with other
governmental agencies, necessary to insure adequate standards of
public service in the department. The secretary may provide for
technical training and specialized instruction of any employee.
Approved educational programs, training and instruction time may be
compensated for as a part of regular employment. The secretary is
authorized to pay out of federal or state funds, or both, as funds
are available, fees and expenses incidental to the educational
programs, training, and instruction. Eligibility for participation
by employees will be in accordance with guidelines established by
the secretary;
(6) Issue certifications required under 33 U.S.C. §1341 of the
federal Clean Water Act and enter into agreements in accordance
with the provisions of section seven-a, article eleven of this
chapter. Prior to issuing any certification the secretary shall
solicit from the division of natural resources reports and comments
concerning the possible certification. The division of natural
resources shall direct the reports and comments to the secretary
for consideration; and
(7) Notwithstanding any provisions of this code to the
contrary, employ in-house counsel to perform all legal services for
the secretary and the department, including, but not limited to,
representing the secretary, any chief, the department or any office
of the department in any administrative proceeding or in any
proceeding in any state or federal court. Additionally, the
secretary may call upon the attorney general for legal assistance and representation as provided by law.
(e) The secretary shall be appointed by the governor, by and
with the advice and consent of the Senate, and serves at the will
and pleasure of the governor.
(f) At the time of his or her
initial appointment, the secretary must be at least thirty years
old and must be selected with special reference and consideration
given to his or her administrative experience and ability, to his
or her demonstrated interest in the effective and responsible
regulation of the energy industry and the conservation and wise use
of natural resources. The secretary must have at least a
bachelor's degree in a related field and at least three years of
experience in a position of responsible charge in at least one
discipline relating to the duties and responsibilities for which
the secretary will be responsible upon assumption of the office.
The secretary may not be a candidate for or hold any other public
office, may not be a member of any political party committee and
shall immediately forfeit and vacate his or her office as secretary
in the event he or she becomes a candidate for or accepts
appointment to any other public office or political party
committee.
(g) The secretary shall be allowed and paid necessary expenses
incident to the performance of his or her official duties. Prior
to the assumption of the duties of his or her office, the secretary
shall take and subscribe to the oath required of public officers
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 the department
funds.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
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' experience in underground coal mining and
shall have at least three years of experience in a position of
responsible charge 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.
(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 5,
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.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS,
AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 1. WATER DEVELOPMENT AUTHORITY.
§22C-1-4. Water development authority; water development board;
organization of authority and board; appointment of
board members; their term of office, compensation and
expenses; director of authority; compensation.
(a) The water development authority is continued. The
authority is a governmental instrumentality of the state and a body
corporate. The exercise by the authority of the powers conferred
by this article and the carrying out of its purposes and duties are
essential governmental functions and for a public purpose.
(b) The authority is controlled, managed and operated by the
seven-member board known as the water development board. The
director of the division of environmental protection, and the
commissioner of the bureau of public health and the state officer
or employee who in the judgment of the governor is most responsible
for economic or community development are members ex officio of the
board. The governor shall designate annually the member who is the
state officer or employee most responsible for economic or
community development. The other four members of the board are
appointed by the governor, by and with the advice and consent of
the Senate, for terms of two, three, four and six years, respectively. The successor of each such appointed member shall be
appointed for a term of six years in the same manner the original
appointments were made, except that any person appointed to fill a
vacancy occurring prior to the expiration of the term for which his
or her predecessor was appointed shall be appointed only for the
remainder of such term. Each board member serves until the
appointment and qualification of his or her successor. No more
than two of the appointed board members shall at any one time
belong to the same political party. Appointed board members may be
reappointed to serve additional terms.
(c) All members of the board shall be citizens of the state.
Each appointed member of the board, before entering upon his or her
duties, shall comply with the requirements of article one, chapter
six of this code and give bond in the sum of twenty-five thousand
dollars in the manner provided in article two, chapter six of this
code. The governor may remove any board member for cause as
provided in article six, chapter six of this code.
(d) Annually the board shall elect one of its appointed
members as chair and another as vice chair, and shall appoint a
secretary-treasurer, who need not be a member of the board. Four
members of the board is a quorum and the affirmative vote of four
members is necessary for any action taken by vote of the board. No
vacancy in the membership of the board impairs the rights of a
quorum by such vote to exercise all the rights and perform all the
duties of the board and the authority. The person appointed as
secretary-treasurer, including a board member if he or she is appointed, shall give bond in the sum of fifty thousand dollars in
the manner provided in article two, chapter six of this code.
(e) The secretary of the division of environmental protection,
the commissioner of the bureau of public health and the state
officer or employee most responsible for economic or community
development shall not receive any compensation for serving as board
members. Each of the four appointed members of the board shall
receive an annual salary of five thousand dollars, payable in
monthly installments. Each of the seven board members shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of his or her duties as a member of the
board. All expenses incurred by the board are payable solely from
funds of the authority or from funds appropriated for that purpose
by the Legislature and no liability or obligation shall be incurred
by the authority beyond the extent to which moneys are available
from funds of the authority or from such appropriations.
(f) There shall also be a director of the authority appointed
by the board. The compensation of the director shall be fixed by
the board.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The public service commission of West Virginia is
continued and directed as provided by this chapter, chapter twenty-
four-a, chapter twenty-four-b and chapter twenty-four-d of this code. After having conducted a performance audit through its joint
committee on government operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the public service commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section five, article ten, chapter four of this code,
the public service commission shall continue to exist until the
first day of July, two thousand one. The public service commission
may sue and be sued by that name. The public service commission
shall consist of three members who shall be appointed by the
governor with the advice and consent of the Senate. The
commissioners shall be citizens and residents of this state and at
least one of them shall be duly licensed to practice law in West
Virginia, with not less than ten years' actual work experience in
the legal profession as a member of a state bar. No more than two
of the commissioners shall be members of the same political party.
Each commissioner shall, before entering upon the duties of his or
her office, take and subscribe to the oath provided by section
five, article IV of the constitution of this state. The oath shall
be filed in the office of the secretary of state. The governor
shall designate one of the commissioners to serve as chairman at
the governor's will and pleasure. The chairman shall be the chief
administrative officer of the commission. The governor may remove
any commissioner only for incompetency, neglect of duty, gross
immorality, malfeasance in office or violation of subsection (c) of
this section.
(b) The unexpired terms of members of the public service
commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter, or holding any stocks or bonds of a public utility subject
to the provisions of this chapter, or who is pecuniarily interested
in a public utility subject to the provisions of this chapter, may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office, or be a member of any political committee, while
acting as a commissioner; nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the public service commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective the first day of July, two thousand one the annual salary of each commissioner
provided in section two-a, article seven, chapter six of this code
shall be paid in monthly installments from the special funds in the
percentages that follow:
(1) From the public service commission fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(2) From the public service commission motor carrier fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, seventeen percent; and
(3) From the public service commission gas pipeline safety
fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, the
chairman of the commission shall receive five thousand dollars per
annum to be paid in monthly installments from the public service
commission fund collected under the provisions of section six,
article three of this chapter.
CHAPTER 31. CORPORATION.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-4. Governing body; organization and meetings; quorum;
administrative expenses.
(a) The governing body of the authority shall consist of the voting members of the board as provided for in section three of
this article and shall exercise all the powers given to the
authority in this article. On the second Monday of July of each
odd-numbered year, the board shall meet to elect a chairman and a
secretary from among its own members. The secretary of the
department of administration or his or her designated
representative shall serve as treasurer of the board. The board
shall otherwise meet quarterly, unless a special meeting is called
by its chairman.
(b) A majority of the members of the board constitute a
quorum, and a quorum must be present for the board to conduct
business. Unless the bylaws require a larger number, action may be
taken by majority vote of the members present.
(c) The board shall prescribe, amend and repeal bylaws and
rules governing the manner in which the business of the authority
is conducted and shall review and approve the budget prepared by
the executive director annually.
(d) On or before the first day of April, two thousand, the
West Virginia regional jail and correctional facility authority
board shall, with the advice and consent of the Senate, appoint an
executive director to act as its chief executive officer, to serve
at the will and pleasure of the board. The compensation of the
director shall be at the same rate as the commissioner of
corrections. The appointment shall be for a term of five years to
begin on the first day of April, two thousand. The executive
director may employ any other personnel he or she determines necessary and may appoint counsel and legal staff for the authority
and retain any temporary engineering, financial and other
consultants or technicians that are required for any special study
or survey consistent with the provisions of this article. The
executive director may engage in negotiations and carry out plans
to implement the provisions of this article and exercise those
powers listed in section five of this article on behalf of the
authority. The executive director shall prepare annually a budget
to be submitted to the board for its review and approval.
(c) All costs incidental to the administration of the
authority, including office expense, personal services expense and
current expense, shall be paid from the regional jail and
correctional facility development fund in accordance with
guidelines issued by the board of the authority.
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