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Introduced Version House Bill 4657 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4657


(By Delegates Perry, Shook and Ashley)

[By Request of the Insurance Commissioner]

[Introduced February 22, 2010 ; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21a, relating to workers' compensation programs of state agencies; defining state agency; designating Insurance Commissioner to manage workers' compensation risks of state agencies; authorizing commissioner to assess fees; creating fund in State Treasury; authorizing investment with the Investment Management Board; and authorizing Insurance Commissioner to propose rules, including emergency rules.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-2-21a, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-21a. State agency workers' compensation programs.
(a) For the purposes of this section, "state agency" includes every governmental entity over whose insurance program the Board of Risk and Insurance Management has the general supervision and control pursuant to subsection (a), section five, article twelve, chapter twenty-nine of this code.
(b) Notwithstanding any provision of this code to the contrary, the commissioner has sole responsibility for managing the workers' compensation risks of all state agencies and for supervising and controlling the workers' compensation programs for the agencies. The commissioner's authority under this section includes, but is not limited to, the power to assess fees on state agencies as he or she considers necessary to manage workers' compensation risks.
(c)(1) There is established the "State Agencies' Workers' Compensation Program Fund." The State Treasurer is the custodian of the fund, and all premiums, 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 do not revert to the General Fund. The fund is a separate and distinct fund upon the books and records of the Auditor and Treasurer, and disbursements from the fund shall be made upon requisitions signed by the Insurance Commissioner.
(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 with the West Virginia Investment Management Board.
(d) The commissioner may promulgate emergency rules and shall propose for promulgation 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.


NOTE: The purpose of this bill is to delegate to the Insurance Commissioner the responsibility for managing workers' programs of all state agencies.


This section is new; therefore, it has been completely underscored.
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