H. B. 4064
(By Mr. Speaker, Mr. Kiss, and Delegates Stemple,
Varner, Kominar, Perdue, Williams and Cann)
[Introduced January 17, 2002; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section one, article two, chapter
five-f of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section four,
article four-c, chapter sixteen of said code, all relating to
transferring the office of emergency medical services from the
department of health and human resources to the department of
military affairs and public safety.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter five-f of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section four, article four-c,
chapter sixteen of said code be amended and reenacted, all to read
as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of administration:
(1) Building commission provided for in article six, chapter
five of this code;
(2) Public employees insurance agency and public employees
insurance agency advisory board provided for in article sixteen,
chapter five of this code;
(3) Governor's mansion advisory committee provided for in
article five, chapter five-a of this code;
(4) Commission on uniform state laws provided for in article
one-a, chapter twenty-nine of this code;
(5) Education and state employees grievance board provided for
in article twenty-nine, chapter eighteen of this code and article
six-a, chapter twenty-nine of this code;
(6) Board of risk and insurance management provided for in article twelve, chapter twenty-nine of this code;
(7) Boundary commission provided for in article twenty-three,
chapter twenty-nine of this code;
(8) Public defender services provided for in article
twenty-one, chapter twenty-nine of this code;
(9) Division of personnel provided for in article six, chapter
twenty-nine of this code;
(10) The West Virginia ethics commission provided for in
article two, chapter six-b of this code;
(11) Consolidated public retirement board provided for in
article ten-d, chapter five of this code; and
(12) The child support enforcement division designated in
chapter forty-eight-a of this code.
(b) The department of commerce, labor and environmental
resources and the office of secretary of the department of
commerce, labor and environmental resources are hereby abolished.
For purposes of administrative support and liaison with the office
of the governor, the following agencies and boards, including all
allied, advisory and affiliated entities shall be grouped under
three bureaus as follows:
(1) Bureau of commerce:
(A) Division of labor provided for in article one, chapter
twenty-one of this code, which shall include:
(i) Occupational safety and health review commission provided
for in article three-a, chapter twenty-one of this code; and
(ii) Board of manufactured housing construction and safety
provided for in article nine, chapter twenty-one of this code;
(B) Office of miners' health, safety and training provided for
in article one, chapter twenty-two-a of this code. The following
boards are transferred to the office of miners' health, safety and
training for purposes of administrative support and liaison with
the office of the governor:
(i) Board of coal mine health and safety and coal mine safety
and technical review committee provided for in article six, chapter
twenty-two-a of this code;
(ii) Board of miner training, education and certification
provided for in article seven, chapter twenty-two-a of this code;
and
(iii) Mine inspectors' examining board provided for in article
nine, chapter twenty-two-a of this code;
(C) The West Virginia development office provided for in
article two, chapter five-b of this code, which shall include:
(i) Enterprise zone authority provided for in article two-b,
chapter five-b of this code;
(ii) Economic development authority provided for in article
fifteen, chapter thirty-one of this code; and
(iii) Tourism commission provided for in article two, chapter
five-b of this code and the office of the tourism commissioner;
(D) Division of natural resources and natural resources
commission provided for in article one, chapter twenty of this
code. The Blennerhassett historical state park provided for in
article eight, chapter twenty-nine of this code shall be under the
division of natural resources;
(E) Division of forestry provided for in article one-a,
chapter nineteen of this code;
(F) Geological and economic survey provided for in article
two, chapter twenty-nine of this code;
(G) Water development authority and board provided for in
article one, chapter twenty-two-c of this code;
(2) Bureau of employment programs provided for in article one,
chapter twenty-one-a of this code;
(3) Bureau of environment:
(A) Air quality board provided for in article two, chapter twenty-two-b of this code;
(B) Solid waste management board provided for in article
three, chapter twenty-two-c of this code;
(C) Environmental quality board, or its successor board,
provided for in article three, chapter twenty-two-b of this code;
(D) Division of environmental protection provided for in
article one, chapter twenty-two of this code;
(E) Surface mine board provided for in article four, chapter
twenty-two-b of this code;
(F) Oil and gas inspectors' examining board provided for in
article seven, chapter twenty-two-c of this code;
(G) Shallow gas well review board provided for in article
eight, chapter twenty-two-c of this code; and
(H) Oil and gas conservation commission provided for in
article nine, chapter twenty-two-c of this code.
(c) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of education and the arts:
(1) Library commission provided for in article one, chapter ten of this code;
(2) Educational broadcasting authority provided for in article
five, chapter ten of this code;
(3) University of West Virginia board of trustees provided for
in article two, chapter eighteen-b of this code;
(4) Board of directors of the state college system provided
for in article three, chapter eighteen-b of this code;
(5) Joint commission for vocational-technical-occupational
education provided for in article three-a, chapter eighteen-b of
this code;
(6) Division of culture and history provided for in article
one, chapter twenty-nine of this code; and
(7) Division of rehabilitation services provided for in
section two, article ten-a, chapter eighteen of this code.
(d) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of health and human resources:
(1) Human rights commission provided for in article eleven,
chapter five of this code;
(2) Division of human services provided for in article two,
chapter nine of this code;
(3) Bureau of public health provided for in article one,
chapter sixteen of this code;
(4) Office of emergency medical services and advisory council
thereto provided for in article four-c, chapter sixteen of this
code;
(5) (4) Health care cost review authority provided for in
article twenty-nine-b, chapter sixteen of this code;
(6) (5) Commission on mental retardation provided for in
article fifteen, chapter twenty-nine of this code;
(7) (6) Women's commission provided for in article twenty,
chapter twenty-nine of this code; and
(8) (7) The child support enforcement division designated in
chapter forty-eight-a of this code.
(e) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of military affairs and public safety:
(1) Adjutant general's department provided for in article one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter fifteen
of this code;
(3) Military awards board provided for in article one-g,
chapter fifteen of this code;
(4) West Virginia state police provided for in article two,
chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board
provided for in article five, chapter fifteen of this code and
emergency response commission provided for in article five-a of
said chapter;
(6) Sheriffs' bureau provided for in article eight, chapter
fifteen of this code;
(7) Division of corrections provided for in chapter
twenty-five of this code;
(8) Fire commission provided for in article three, chapter
twenty-nine of this code;
(9) Regional jail and correctional facility authority provided
for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article
twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council
provided for in article one, chapter nine-a of this code; and
(12) Office of emergency medical services and advisory council
provided in article four-c, chapter sixteen of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven
of this code;
(2) Racing commission provided for in article twenty-three,
chapter nineteen of this code;
(3) Lottery commission and position of lottery director
provided for in article twenty-two, chapter twenty-nine of this
code;
(4) Agency of insurance commissioner provided for in article
two, chapter thirty-three of this code;
(5) Office of alcohol beverage control commissioner provided
for in article sixteen, chapter eleven of this code and article
two, chapter sixty of this code;
(6) Board of banking and financial institutions provided for
in article three, chapter thirty-one-a of this code;
(7) Lending and credit rate board provided for in chapter
forty-seven-a of this code;
(8) Division of banking provided for in article two, chapter
thirty-one-a of this code; and
(9) The child support enforcement division as designated in
chapter forty-eight-a of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred to
and incorporated in and shall be administered as a part of the
department of transportation:
(1) Division of highways provided for in article two-a,
chapter seventeen of this code;
(2) Parkways, economic development and tourism authority
provided for in article sixteen-a, chapter seventeen of this code;
(3) Division of motor vehicles provided for in article two,
chapter seventeen-a of this code;
(4) Driver's licensing advisory board provided for in article
two, chapter seventeen-b of this code;
(5) Aeronautics commission provided for in article two-a,
chapter twenty-nine of this code;
(6) State rail authority provided for in article eighteen,
chapter twenty-nine of this code; and
(7) Port authority provided for in article sixteen-b, chapter
seventeen of this code.
(h) Except for such powers, authority and duties as have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the existence of the position of
administrator and of the agency and the powers, authority and
duties of each administrator and agency shall not be affected by
the enactment of this chapter.
(i) Except for such powers, authority and duties as have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the existence, powers, authority
and duties of boards and the membership, terms and qualifications
of members of such boards shall not be affected by the enactment of
this chapter and all boards which are appellate bodies or were
otherwise established to be independent decision makers shall not
have their appellate or independent decision-making status affected
by the enactment of this chapter.
(j) Any department previously transferred to and incorporated
in a department created in section two, article one of this chapter
by prior enactment of this section in chapter three, acts of the
Legislature, first extraordinary session, one thousand nine hundred
eighty-nine, and subsequent amendments thereto, shall henceforth be
read, construed and understood to mean a division of the
appropriate department so created. Wherever elsewhere in this
code, in any act, in general or other law, in any rule or
regulation, or in any ordinance, resolution or order, reference is
made to any department transferred to and incorporated in a
department created in section two, article one of this chapter,
such reference shall henceforth be read, construed and understood
to mean a division of the appropriate department so created, and
any such reference elsewhere to a division of a department so
transferred and incorporated shall henceforth be read, construed
and understood to mean a section of the appropriate division of the
department so created.
(k) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer shall be construed to be
solely for purposes of administrative support and liaison with the office of the governor, a department secretary or a bureau. The
bureaus created by the Legislature upon the abolishment of the
department of commerce, labor and environmental resources in the
year one thousand nine hundred ninety-four shall be headed by a
commissioner or other statutory officer of an agency within that
bureau. Nothing in this section shall be construed to extend the
powers of department secretaries under section two of this article
to any person other than a department secretary and nothing herein
shall be construed to limit or abridge the statutory powers and
duties of statutory commissioners or officers pursuant to this
code. Upon the abolishment of the office of secretary of the
department of commerce, labor and environmental resources, the
governor may appoint a statutory officer serving functions formerly
within that department to a position which was filled by the
secretary ex officio.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-4. Office of emergency medical services created; staffing.
There is hereby created within state government under the
commissioner of the bureau of public health secretary of military
affairs and public safety an office to be known as the office of
emergency medical services. Upon transfer of the office to the department of military affairs and public safety, whenever the term
"commissioner" is used in this article it means "secretary."
The commissioner may employ any technical, clerical,
stenographic and other personnel as may be necessary to carry out
the purposes of this article. The personnel may be paid from funds
appropriated therefor or from other funds as may be made available
for carrying out the purposes of this article.
The office of emergency medical services as created by former
section four, article four-d of this chapter, shall continue in
existence as the office of emergency medical services established
by this section.
NOTE: The purpose of this bill is to transfer the Office of
Emergency Medical Services from the Department of Health and Human
Resources to the Department of Military Affairs and Public Safety.
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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