Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                ENGROSSED
            House Bill 5593
 By Delegates Hanshaw (Mr. Speaker), Riley, Jeffries,
             Phillips, Cannon, and Kelly [Introduced February 12, 2024; Referred to the Committee on Government Organization]
     Eng HB 5593
  A BILL to amend and reenact §29-12-3 of the Code of West Virginia, 1931, as amended, relating to
         the creation, composition, qualifications, and compensation of the State Board of Risk and
         Insurance Management; continuing the board; providing for voting membership of the
         board; providing qualifications of citizen members; providing procedures for appointment
         of citizen members; providing initial appointment terms of citizen members; providing
         terms of subsequent appointment of citizen members; providing procedures for vacancy,
         expiration of term, and removal of citizen members; providing end date for term of citizen
         members appointed prior to the effective date of the reenactment of this section;
         authorizing reappointment of any qualified citizen member appointed prior to the effective
        date of the reenactment; providing that Insurance Commissioner shall serve as non-voting
        board secretary; and providing for compensation of board members.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE                        12.                         STATE                 INSURANCE.
     §29-12-3. State Board of Risk and Insurance Management; creation, composition,
            qualifications,                               and compensation.
         (a)(1) The "state board of insurance of West Virginia" is hereby reestablished,
  reconstituted and continued as the state Board of Risk and Insurance Management. The board
  shall be composed of five members. One member shall be the vice chancellor of health sciences
  of the West Virginia Higher Education Policy Commission. The remaining four members shall be
  appointed by the Governor with the advice and consent of the Senate. One member shall be
  appointed by the Governor from a list of three eligible persons submitted to the Governor by the
  President of the Senate, and one member shall be appointed by the Governor from a list of three
  eligible persons submitted to the Governor by the Speaker of the House of Delegates. Each
  member shall be a resident of West Virginia and shall have experience in one or more of the
 following areas: law, accounting, business, insurance or actuarial science.
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     Eng HB 5593
        (2) Initial appointment of the members other than the vice chancellor for health sciences
 shall be for the following terms:
        One member shall be appointed for a term ending June 30, 2003;
        One member shall be appointed for a term ending June 30, 2004;
        One member shall be appointed for a term ending June 30, 2005; and
        One member shall be appointed for a term ending June 30, 2006.
        (3) Except for appointments to fill vacancies, each subsequent appointment shall be for a
 term ending June 30 of the fourth year following the year the preceding term expired. In the event a
 vacancy occurs it shall be filled by appointment for the unexpired term. A member whose term has
 expired shall continue in office until a successor has been duly appointed and qualified. No
 member of the board may be removed from office by the Governor except for official misconduct,
 incompetency, neglect of duty, or gross immorality.
        (4) Members of the board appointed prior to the reenactment of this article during the sixth
 extraordinary session of the 2001 Legislature, shall serve until December 15, 2001.
        (b) The Insurance Commissioner of West Virginia shall serve as secretary of the board
 without vote and shall make available to the board the information, facilities and services of the
 office of the state Insurance Commissioner.
        (c) The members of the board shall receive from the executive director of the board the
 same compensation authorized by law for members of the Legislature for the interim duties for
 each day, or portion thereof, the member is engaged in the discharge of official duties. All board
 members shall be reimbursed for their actual and necessary expenses incurred in the discharge of
 official duties, except that mileage shall be reimbursed at the same rate as that authorized for
 members of the Legislature.
        (d) Notwithstanding any provision of this section to the contrary, the board is subject to the
 provisions of section twelve of this article
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     Eng HB 5593
        (a) The State Board of Risk and Insurance Management is hereby continued. Effective July
 1, 2024, the board shall be composed of five voting members:
        (1) The Chancellor for Higher Education, or his or her designee; and
        (2) Four citizen members with at least ten years of experience in the insurance industry
 who shall be appointed by the Governor with the advice and consent of the Senate: Provided, That
 one member shall be appointed by the Governor from a list of three eligible persons submitted to
 the Governor by the President of the Senate, and one member shall be appointed by the Governor
 from a list of three eligible persons submitted to the Governor by the Speaker of the House of
 Delegates.
        (b) Initial appointment of the citizen members shall be for the following terms:
        (1) One member shall be appointed for a term ending June 30, 2026;
        (2) One member shall be appointed for a term ending June 30, 2027;
        (3) One member shall be appointed for a term ending June 30, 2028; and
        (4) One member shall be appointed for a term ending June 30, 2029.
        (c) Except for appointments to fill vacancies, each subsequent appointment of a citizen
 member shall be for a term ending June 30 of the fourth year following the year the preceding term
 expired. In the event a vacancy occurs it shall be filled by appointment for the unexpired term. A
 citizen member whose term has expired shall continue in office until a successor has been duly
 appointed and qualified. No citizen member of the board may be removed from office by the
 Governor except for official misconduct, incompetency, neglect of duty, or gross immorality.
        (d) Citizen members of the board appointed prior to the effective date of the reenactment of
 this section during the regular session of the Legislature, 2024 shall serve until June 30, 2024:
 Provided, That any citizen member of the board appointed prior to the effective date of the
 reenactment of this section during the regular session of the Legislature, 2024 who meets the
 experience requirement of this section as reenacted may be reappointed to serve on the board.
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     Eng HB 5593
        (e) The Insurance Commissioner of West Virginia shall serve as secretary of the board
 without vote and shall make available to the board the information, facilities, and services of the
 office of the state Insurance Commissioner.
        (f) The members of the board shall receive from the executive director of the board the
 same compensation authorized by law for members of the Legislature for the interim duties for
 each day, or portion thereof, the member is engaged in the discharge of official duties. All board
 members shall be reimbursed for their actual and necessary expenses incurred in the discharge of
 official duties, except that mileage shall be reimbursed at the same rate as that authorized for
 members of the Legislature.
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Statutes affected: 
Introduced Version: 29-12-3
Engrossed Version: 29-12-3