H. B. 4596
(By Mr. Speaker, (Mr. Kiss), and Delegate Trump)
[By Request of the Executive]
[Introduced February 16, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22A-1-3 of the Code of West Virginia,
1931, as amended, relating to the Director of the Office of
Miners' Health, Safety and Training; providing the Secretary
of the Department of Commerce as Interim Director; amending
the qualifications of the Director of the Office of Miners'
Health, Safety and Training; and providing the qualifications
of the acting 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:
Provided, That, in the event of
a vacancy in the office of the director, the Governor may order the
Secretary of the Department of Commerce to directly exercise the
powers of the director on an interim basis pending the appointment
of a new director.
(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 or training in underground
mining safety, five two years' experience in underground
coal mining and shall have at least three years of experience in a
position of
responsible charge 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:
Provided, That, in the event of a vacancy in the
position of director, the Governor may fill the director's position
on an interim basis by appointing an acting director to exercise
the powers of the director. The acting director 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 acting director will be
responsible during his or her interim service in the office of
director.
(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.
NOTE: The purpose of this bill is to restore the Governor's
statutory ability to request the cabinet secretary to exercise the
duties of the Director of the Office of Miners' Health; to enhance
the existing qualifications for the director, and to provide
qualifications for an acting director.
Strike throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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