ENROLLED
Senate Bill No. 539
(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Jenkins, Minard,
Oliverio, White, Barnes, Deem, Harrison and Lanham)
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[Passed February 13, 2006; in effect from passage]
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AN ACT to amend and reenact §22A-1-3 of the Code of West Virginia,
1931, as amended, relating to increasing the professional
qualifications required for the position of Director of the
office of Miners' Health, Safety and Training.
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, 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 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
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.