West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2259
2015 Carryover
(By Delegates Hamrick, Howell, Arvon, Ihle, Faircloth, Zatezalo, Cadle, Border, R. Smith and Moffatt)
[Introduced January 13, 2016; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §5‑1‑22 of the Code of West Virginia, 1931, as amended, relating to the Governor filling vacancies on professional boards; requiring appointments to be made within sixty days of the date the vacancy occurs; and providing that a person appointed to serve on a professional board is limited to eight years service.
Be it enacted by the Legislature of West Virginia:
That §5‑1‑22 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. THE GOVERNOR.
§5‑1‑22. Vacancies in offices filled by appointment of Governor; Senate action; bond requirements; filling vacancies in other appointive offices.
In case of a vacancy, during the recess of the Senate, in
any office, which vacancy the Governor is authorized to fill by and with the
advice and consent of the Senate, the Governor shall, by appointment, fill such
vacancy, within sixty days of the date the vacancy occurs on a
professional board that is subject to chapter thirty of this code, until
the next meeting of the Senate, when the Governor shall submit to the Senate a
nomination to fill such vacancy and, upon confirmation of such the
nomination by the Senate, by a vote of a majority of all the members elected to
the Senate, taken by yeas and nays, the person so nominated and confirmed shall
hold said the office during the remainder of the term for which
his or her predecessor in office was appointed, and until his or her
successor shall be is appointed and qualified. No A
person whose nomination for office has been rejected by the Senate shall be
again may not be nominated again for the same office during
the session in which his or her nomination was so rejected, unless at
the request of the Senate, nor shall may he the person
be appointed to the same office during the recess of the Senate. No An
appointee who resigns from any such office prior to confirmation, or
whose name has not been submitted for confirmation while the Senate is in
session, shall be is not eligible, during the recess of the
Senate, to hold any office the nomination for which must be confirmed by the
Senate.
The bond, if any, required by law to be given by any officer so temporarily appointed by the Governor, shall be in such penalty as is required by law of the incumbent of such office.
Any vacancy in any other office filled by appointment, or in any office hereafter created to be filled by appointment, shall be filled by the same person, court or body authorized to make appointment to such office for the full term thereof: Provided, That notwithstanding any other provision of law to the contrary, a member of a professional board subject to chapter thirty of this code may not serve more that eight years.
NOTE: The purpose of this bill is to require the Governor to make appointments within sixty days of the date a vacancy occurs on a professional board. The bill also provides that a person appointed to serve on a professional board is limited to eight years service.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.