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Introduced Version House Bill 2777 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2777


(By Delegate Facemyer)
[Introduced March 27, 1997; referred to the
Committee on Government Organization then Finance.]




A BILL to repeal article three, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one and six, article two, chapter twenty-one-a of said code; and to amend article one, chapter twenty-three of said code by adding thereto two new sections, designated sections one-a and one-b, all relating to eliminating the compensation programs performance council and the position of commissioner of the bureau of employment programs and reinstating the position of commissioner of employment security that existed prior to the commissioner of the bureau of employment programs with the exception that the commissioner's authority does not extend to workers' compensation; providing powers and duties of the commissioner of employment security; creating the board of workers' compensation to administer the workers' compensation program; membership and appointment of the board; and powers of the board.

Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections one and six, article two of said chapter be amended and reenacted; and that article one, chapter twenty-three of said code be amended by adding thereto two new sections, designated sections one-a and one-b, all to read as follows:
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 2. THE COMMISSIONER OF EMPLOYMENT SECURITY.

§21A-2-1. Appointment; term of office.

The bureau division shall be under the supervision of a commissioner of the bureau employment programs security. The commissioner shall be appointed by the governor, by and with the advice and consent of the Senate, and shall hold his or her office subject to the will and pleasure of the governor.
§21A-2-6. Powers and duties generally.

The commissioner shall be the executive and administrative head of the bureau division and shall have the power and duty to:
(1) Exercise general supervision of and make regulations rules for the government of the bureau division;
(2) Prescribe uniform rules pertaining to investigations, departmental hearings, and promulgate rules; and regulations
(3) Supervise fiscal affairs and responsibilities of the bureau division;
(4) Prescribe the qualifications of, appoint, remove and fix the compensation of the officers and employees of the bureau division, subject to the provisions of section ten, article four of this chapter, relating to the board of review;
(5) Organize and administer the bureau division so as to comply with the requirements of this chapter and chapter twenty-three of this code and to satisfy any conditions established in applicable federal legislation;
(6) Make reports in such form and containing such information as the United States department of labor may from time to time require, and comply with such provisions as the United States department of labor may from time to time find necessary to assure the correctness and verification of such reports;
(7) Make available to any agency of the United States charged with the administration of public works or assistance through public employment, upon its request, the name, address, ordinary occupation and employment status of each recipient of unemployment compensation, and a statement of the recipient's rights to further compensation under this chapter;
(8) Keep an accurate and complete record of all bureau division proceedings; record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the bureau division;
(9) Sign and execute in the name of the state, by The Bureau of Employment Programs the "Division of Employment Security," any contract or agreement with the federal government, its agencies, other states, their subdivisions or private persons;
(10) Prescribe a salary scale to govern compensation of appointees and employees of the bureau division;
(11) Make the original determination of right in claims for benefits;
(12) Make recommendations and an annual report to the governor concerning the condition, operation, and functioning of the bureau division;
(13) Invoke any legal or special remedy for the enforcement of orders or the provisions of this chapter and chapter twenty-three of this code;
(14) Exercise any other power necessary to standardize administration, expedite bureau division business, assure the establishment of fair rules and regulations and promote the efficiency of the service;
(15) Keep an accurate and complete record and prepare a monthly report of the number of persons employed and unemployed in the state, which report shall be made available upon request to members of the public and the press;
(16) Provide at bureau division expense a program of continuing professional, technical and specialized instruction for the personnel of the bureau division;

(17) Assist the governor in the development of overall administrative policy for the unemployment compensation system of the state;
(18) Recommend legislation and
propose rules designed to ensure the effective administration and financial viability of the unemployment compensation system;
(19) In accordance with the laws and regulations of West Virginia and the United States government, establish and monitor performance measurements to ensure the timeliness and accuracy of activities performed under the unemployment compensation laws;
(20) Advocate sufficient administrative resources to effectively operate the unemployment compensation system of West Virginia;
(21) Ensure that the unemployment compensation system of West Virginia develops and pursues an effective program of outreach and communication to employers, workers and others involved in this program;
(22) Analyze opportunities to affect efficiencies and improvements for employers and workers by developing common definitions, interrelated systems and other internal operational improvements, including long-range planning for improvements;
(23) Develop programs, linkages in the public sector and the private sector, and information materials designed to promote the early return to work of individuals receiving unemployment compensation benefits; and
(24) Consider such other matters regarding the unemployment compensation system as the commissioner may desire.
CHAPTER 23. WORKERS' COMPENSATION.

ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.

§23-1-1a. Transfer of powers.

All powers, duties and obligations under this chapter heretofore granted to, exercised by, and vested in, the commissioner of the bureau of employment programs, are hereby transferred to the board of workers' compensation.
§23-1-1b. Board of workers' compensation; creation; appointment
and membership; additional powers.

(a) There is hereby created the board of workers' compensation which shall be comprised of three members. All members shall act as such on a full-time basis, and may not, therefore, serve in any other capacity for remuneration or that otherwise detracts from their respective duties as a board member. All members shall be appointed by the governor with the advice and consent of the Senate shall serve at his or her will and pleasure. No more than two members can be of the same political affiliation. One member shall have experience as an employer, one member shall have experience as an employee, and one member shall possess a postgraduate degree in business, labor relations, commercial relations, or in a related discipline with, at least, five years' experience as an actuary in casualty and liability insurance.
(b) In addition to the powers, duties and obligations transferred in section one-a of this article, the board shall have the following additional powers, duties and obligations:
(1) Appoint an executive director to oversee and administer the routine and everyday activities of the office of workers' compensation and the workers' compensation program;
(2) Assist the governor in the development of overall administrative policy for the workers' compensation system of the state;
(3) Recommend legislation and establish rules designed to ensure the effective administration and financial viability of the workers' compensation system of West Virginia;
(4) Review and approve, reject or modify rules that are proposed by the executive director for operation of the workers' compensation system before the filing of the rules with the secretary of state. This provision is applicable to any instance under chapter twenty-three of this code which authorizes the commissioner to promulgate rules. Notwithstanding any provision in this code to the contrary, including sections one and two, article three, and section three, article seven, both of chapter twenty-nine of said code, any rules adopted pursuant to this section which are applicable to the provisions of chapter twenty-three of this code shall not be subject to sections nine through sixteen, all of article three, chapter twenty-nine-a of this code. The board of workers' compensation shall follow the remaining provisions of said article for giving notice to the public of their actions and the holding of hearings or receiving of comments on the rules. No later amendment to this code shall have precedence over this section unless such later amendment specifically provides to the contrary;
(5) In accordance with the laws and regulations of West Virginia and the United States government, establish and monitor performance measurements to ensure the timeliness and accuracy of activities performed under the workers' compensation laws;
(6) Have the final right of approval of all base rates for employers covered by the workers' compensation law as recommended by the commissioner;
(7) Advocate sufficient administrative resources to effectively operate the workers' compensation system of West Virginia;
(8) Approve the designation of health care providers to make decisions regarding appropriateness of medical services pursuant to subsection (d), section one, article five, chapter twenty-three of this code;
(9) Ensure that the workers' compensation system of West Virginia develops and pursues an effective program of outreach and communication to employers, workers and others involved in the workers' compensation program;
(10) Analyze opportunities to effect efficiencies and improvements for employers and workers by developing common definitions, interrelated systems and other internal operational improvements, including long-range planning for improvements;
(11) Develop programs, linkages in the public sector and the private sector, and information materials designed to promote the early return to work of individuals receiving workers' compensation benefits;
(12) Examine the current design and report recommendations to the governor and the Legislature regarding the second injury reserve of the surplus fund and the financial viability of the state's workers' compensation system;
(13) Consider such other matters regarding the workers' compensation system as the executive director or any appointed member of the board may desire;
(14) On or before the first day of September, one thousand nine hundred ninety-seven, establish vocational standards to be considered in making decisions on permanent total disability awards under subdivision (n), section six, article four, chapter twenty-three of this code: Provided, That the board of workers' compensation is expressly authorized to establish this standard irrespective of court decisions interpreting any previous enactment of said subdivision: Provided, however, That adoption of the vocational standard requires an affirmative vote of two thirds of the members of the board; and
(15) Adopt criteria for the determination and standards for the payment of attorneys' fees pursuant to subdivision (2), subsection (c), section sixteen, article four, chapter twenty-three of this code.
(c) The board, in its policy-making powers, shall provide
continuity in policy-making in the administration of the program.




NOTE: The purpose of this bill is to eliminate the position of commissioner of the bureau of employment programs while replacing the position by reinstating the position of commissioner of employment security, which existed prior to the current position, with the exception that the commissioner's authority only extends to unemployment compensation. The bill bestows various powers and duties upon the commissioner, including those that relate to unemployment compensation matters which are under the current authority of the compensation programs performance council.

This bill also creates a three member full-time board to administer workers' compensation. The board of workers' compensation is appointed by the governor and serves at his or her will and pleasure. The board is granted various powers including policy-making authority, the power to appoint an executive director to run the day to day activities of the office of workers' compensation, the powers currently held by the current commissioner and compensation performance council.

Article three of chapter twenty-one-a is repealed insofar as all powers currently exercised by the compensation programs performance council would be transferred under the provisions of the bill.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


Sections one-a and one-b in article one, chapter twenty-three are new; therefore, strike-throughs and underscoring have been omitted.
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