Senate Bill No. 399
(By Senators Craigo and Ross)
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[Introduced February 21, 1994; referred to the Committee
on Government Organization; and then to the Committee
on Finance.]
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A BILL to amend article two, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to abolishing the state board of risk and
insurance management; transferring the duties to the
commissioner of insurance; creating a section of risk and
insurance management within the division of insurance;
establishing a director appointed by the insurance
commissioner; and salary of director.
Be it enacted by the Legislature of West Virginia:
That article two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-3a. State board of risk and insurance managementabolished; duties transferred to commissioner of insurance;
members of state board of risk and insurance management to
advise commissioner; department of risk and insurance
management established; director to be appointed by
governor; and salary set by commissioner.
(a) The state board of risk and insurance management created
by section three, article twelve, chapter twenty-nine of this
code is hereby continued as an advisory board to the commissioner
of insurance. All duties and responsibilities of the state board
of risk and insurance management are hereby vested in the
commissioner of insurance. All records, responsibilities,
obligations, assets and property, of whatever kind and character,
of the state board of risk and insurance management are hereby
transferred to the commissioner of insurance. The balances of
all funds of the state board of risk and insurance management are
hereby transferred to the commissioner of insurance.
(b) There is hereby created in the division of insurance a
section of risk and insurance management administered by a
director, who shall be a citizen and resident of this state and
shall be appointed by the commissioner of insurance. The
director shall receive a salary to be set by the commissioner of
insurance, notwithstanding the provisions of section two-a,
article seven, chapter six of this code to the contrary.
(c) Any reference to the state board of risk and insurance
management, wherever elsewhere in this code, in any act, in
general or other law, in any rule or regulation, or in anyordinance, resolution or order, reference is made to the state
board of risk and insurance management, such reference shall
henceforth be read, construed and understood to mean the section
of risk and insurance management.
(d) The enactment of this section does not relieve political
subdivisions or charitable or public service organizations of
their responsibility to pay the cost of insurance provided under
the provisions of article twelve, chapter twenty-nine of this
code.
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(NOTE: The purpose of this bill is to abolish the State
Board of Risk and Insurance Management and to transfer the duties
of that board to the Commissioner of Insurance. The bill
continues the existing State Board of Risk and Insurance
Management as advisors to the commissioner; it creates the
section of Risk and Insurance Management, administered by a
director appointed by the Insurance Commissioner. It also
clarifies that political subdivisions of the state and other
organizations entitled to obtain insurance coverage through the
board are not relieved of their responsibility to pay the costs
of the insurance.)
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