ENGROSSED
Senate Bill No. 454
(By Senators Bowman and Kessler)
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[Introduced February 5, 2007; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §5B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9
of said code; to amend and reenact §5F-2-1 of said code; and
to amend and reenact §21A-1-4 of said code, all relating to
the Bureau of Employment Programs; changing the agency name
from the Bureau of Employment Programs to Workforce West
Virginia; revising the divisional structure within the agency;
and providing that Workforce West Virginia shall provide
administrative and other services to the West Virginia
Workforce Investment Council.
Be it enacted by the Legislature of West Virginia:
That §5B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §5B-2B-6 and §5B-2B-9 of said code
be amended and reenacted; that §5F-2-1 of said code be amended and
reenacted; and that §21A-1-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-2. Agencies, boards, commissions, divisions and offices
comprising the Department of Commerce.
The Department of Commerce consists of the following agencies,
boards, commissions, divisions and offices, including all of the
allied, advisory, affiliated or related entities, which are
incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided 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:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission, provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code;
and
(7)
The Bureau of Employment Programs Workforce West Virginia
provided in chapter twenty-one-a of this code,
which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article one, chapter five-h
of this code.
ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.
§5B-2B-6. Administration of council.
(a)
The West Virginia Development Office Workforce West
Virginia shall provide administrative and other services to the
council as the council requires.
(b)
The West Virginia Development Office Workforce West
Virginia shall facilitate the coordination of council activities
and local workforce investment activities, including holding
meetings with the executive directors of each local workforce
investment board at least monthly. Any executive director of a
local workforce investment board who participates in a meeting held
pursuant to this subsection shall report to his or her board and
the county commission of each county represented by the board
regarding the meeting.
(c) The Development Office shall make an annual report on or
before the first day of October to the legislative oversight
commission detailing the status of one-stop system operations in
the state. The Development Office shall include with the report all
memoranda of understanding entered into by the one-stop partners
and local workforce investment boards. Each local workforce
investment board shall report annually to the Development Office on
or before the first day of September on the status of one-stop
centers within the region they represent, attaching all memoranda
of understanding entered into with one-stop partners.
§5B-2B-9. Coordination between agencies providing workforce
investment programs, local workforce investment
boards and the Executive Director of Workforce West
Virginia.
(a) To provide ongoing attention to addressing issues that will build and continually improve the overall workforce investment
system, the Workforce Investment Interagency Collaborative Team is
hereby created. The team shall be the single state interagency
source for addressing issues or concerns related to building and
maintaining the most effective and efficient implementation of the
federal Workforce Investment Act and the overall workforce
development system in West Virginia. The team shall focus on how
best to collaborate between and among the state agencies directly
involved in workforce investment activities and shall develop a
strategic plan to that end. The team shall serve as a forum for
the council to seek information or recommendations in furtherance
of its responsibilities under this article.
The West Virginia
Development Office Workforce West Virginia is the entity which
shall convene the team at least monthly and shall provide
administrative and other services to the team as the team requires.
(b) The team shall consist of members from each agency subject
to the reporting provisions of section five of this article. Each
agency shall appoint two representatives to the team consisting of
the chief official of the department or division and the official
within that department or division who is directly responsible for
overseeing the workforce investment program or activities at the
state level. A designee may be selected to represent a member
appointed to the team:
Provided, That the designee has
policy-making decision authority regarding workforce investment
activities including program and fiscal issues. The team members have authority to make decisions on behalf of the agency at the
level required for the team to address issues and advance system
improvements.
(c) The team shall coordinate the development of a
self-sufficiency standard study for the State of West Virginia.
The self-sufficiency standard is to measure how much income is
needed for a household of a given composition in a given place to
adequately meet its basic needs without public or private
assistance. Beginning on the first day of November, two thousand
four, and every two years thereafter, this study is to be reported
to the Speaker of the House of Delegates, the President of the
Senate, the Workforce Investment Council and the Legislative
Oversight Commission on Workforce Investment for Economic
Development.
(d) Beginning the first day of January, two thousand three, in
order to lawfully continue any workforce investment activities, any
agency subject to the reporting provisions of section five of this
article shall enter into a memorandum of understanding with the
Executive Director of
the West Virginia Development Office
Workforce West Virginia and any local workforce investment board
representing an area of this state in which the agency is engaged
in workforce investment activities. To the extent permitted by
federal law, the agreements are to maximize coordination of
workforce investment activities and eliminate duplication of
services on both state and local levels.
(e) No memorandum of understanding may be effective for more
than one year without annual reaffirmation by the parties.
(f) Any state agency entering a memorandum of understanding
shall deliver a copy thereof to both the West Virginia Workforce
Investment Council and the legislative oversight commission.
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 agency or board, are incorporated in and
administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five
of this code;
(2) Public Employees Insurance Agency and Public Employees
Insurance Agency Advisory Board provided 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 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 in article twenty-three,
chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter
twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code; and
(11) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided 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:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the
Division of Tourism and the Tourism Commission provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code;
and
(7)
The Bureau of Employment Programs Workforce West Virginia
provided in chapter twenty-one-a of this code,
which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article one, chapter five-h
of this code.
(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an
independent agency within the executive branch.
(d) The Water Development Authority and Board provided in
article one, chapter twenty-two-c of this code is continued as an
independent agency within the executive branch.
(e) Workers' Compensation Commission provided in article one,
chapter twenty-three of this code is continued as an independent
agency within the executive branch.
(f) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of
administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-
two-b of this code;
(2) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight,
chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article
nine, chapter twenty-two-c of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of
this code;
(2) Educational Broadcasting Authority provided in article
five, chapter ten of this code;
(3) Division of Culture and History provided in article one,
chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section
two, article ten-a, chapter eighteen of this code.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Health and Human
Resources:
(1) Human Rights Commission provided in article eleven,
chapter five of this code;
(2) Division of Human Services provided in article two,
chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter
sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council
provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
(i) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military Affairs and
Public Safety:
(1) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of
this code;
(3) Military Awards Board provided in article one-g, chapter
fifteen of this code;
(4) West Virginia State Police provided in article two,
chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and
Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter
fifteen of this code;
(7) Division of Corrections provided in chapter twenty-five of
this code;
(8) Fire Commission provided in article three, chapter
twenty-nine of this code;
(9) Regional Jail and Correctional Facility Authority provided
in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council
provided in article one, chapter nine-a of this code.
(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of
this code;
(2) Racing Commission provided in article twenty-three,
chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two,
chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided
in article sixteen, chapter eleven of this code and article two,
chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in
article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter
forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter
thirty-one-a of this code;
(9) The State Budget Office provided in article two of this
chapter;
(10) The Municipal Bond Commission provided in article three,
chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
(k) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two,
chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter
seventeen of this code.
(l) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency
are not affected by the enactment of this chapter.
(m) Except for powers, authority and duties that 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 the boards are not affected by the enactment of this
chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(n) Any department previously transferred to and incorporated
in a department by prior enactment of this section means a division
of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created
in section two, article one of this chapter, the reference means a
division of the appropriate department and any reference to a
division of a department so transferred and incorporated means a
section of the appropriate division of the department.
(o) 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 is solely for purposes of
administrative support and liaison with the office of the Governor,
a department secretary or a bureau. Nothing in this section
extends the powers of department secretaries under section two of
this article to any person other than a department secretary and
nothing limits or abridges the statutory powers and duties of
statutory commissioners or officers pursuant to this code.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§21A-1-4. Workforce West Virginia created; divisions within
Workforce West Virginia created; certain terms
defined.
(a) There is continued an agency designated
as the Bureau of Employment Programs Workforce West Virginia, composed of:
(1) a Division of Unemployment Compensation;
(2) a Division of Employment Service;
(3) Division of Workforce Development;
(4) a Division of
job training programs Research, Information
and Analysis; and
(5) any Any other divisions or units that the
commissioner
executive director determines are necessary.
(b) Wherever within this chapter the term "department",
"bureau" or "fund" is used, it shall be taken to mean
Bureau of
Employment Programs Workforce West Virginia unless otherwise
indicated.
Any reference in this code to the Bureau of Employment
Programs means Workforce West Virginia. Any reference in this code
to the Commissioner of the Bureau of Employment Programs or
Employment Security means the Executive Director of Workforce West
Virginia.
(c) The bureau Workforce West Virginia shall be administered
pursuant to subsection (b), section one, article two, chapter
five-f of this code.