Senate Bill No. 560
(By Senators Love and White)
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[Introduced February 18, 2004; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §30-35-3 of the code of West Virginia,
1931, as amended, relating to the board of dietitians;
increasing the terms of members to six years; and eliminating
the limitation on the number of terms a member may serve.
Be it enacted by the Legislature of West Virginia:
That §30-35-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 35. BOARD OF DIETITIANS.
§30-35-3. Board of licensed dietitians.
(a) There is continued the West Virginia board of licensed
dietitians. The board consists of five members who shall be
appointed by the governor, by and with the advice and consent of
the Senate. The governor shall make appointments from a list of
not less than eight names submitted to the governor by the West
Virginia dietetic association. Each member of the board shall be a citizen of the United States and a resident of this state. Four
members shall have experience as a registered or licensed dietitian
for a minimum of three years preceding the date of appointment.
One member of the board shall be a lay person who is not a
registered or licensed dietitian and not subject to the practice
requirements of this subsection.
(b) The governor shall appoint members of the board for
overlapping terms of four years:
Provided, That
each member shall
serve no more than two consecutive four-year terms: Provided,
however, That appointments to fill a vacancy may not be considered
as one of two consecutive terms: Provided further, That terms in
effect on the effective date of this section shall be considered as
one of two consecutive terms effective the first day of July, two
thousand four, new members shall be appointed for overlapping terms
of six years. Members serving on the board as of the first day of
July, two thousand four, may be reappointed for overlapping
six-year terms as their current terms expire. Any member appointed
to a six-year term may be reappointed for additional terms.
(c) In the event a board member is unable to complete a term,
the governor shall appoint a person with similar qualifications to
complete the unexpired term. Each vacancy occurring on the board
shall be filled by appointment within sixty days after the vacancy
is created.
(d) Each member of the board may receive compensation for attendance at official meetings not to exceed the amount paid to
members of the Legislature for their interim duties as recommended
by the citizens legislative compensation commission and authorized
by law and may be reimbursed for actual and necessary expenses
incurred for each day or portion thereof engaged in the discharge
of official duties in a manner consistent with guidelines of the
travel management office of the department of administration.
(e) Annually, the members shall elect a chair, vice chair and
secretary. The chair shall preside over the meetings and hearings
of the board. The vice chair shall assume the chair's duties in
the absence of the chair. All meetings shall be general meetings
for the consideration of any matter which may properly come before
the board. A majority of the board constitutes a quorum for the
transaction of business. The board shall meet at least once a year
and at such other times and places as it may determine; and shall
meet on the call of the chair. It is the duty of the chair to call
a meeting of the board on the written request of three members of
the board. The board shall keep an accurate record of all
proceedings and maintain the board records. The board may employ
personnel necessary to accomplish the performance of its duties:
Provided, That the board may not expend more than it has available
to it solely through the fees established in this article or as
established in accordance with section six, article one of this
chapter.
NOTE: The purpose of this bill is to increase the terms of
members of the board of dietitians to six years and to eliminate
the limitation on the number of terms a member may serve.
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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