Introduced Version
Senate Bill 544 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 544
(By Senator McCabe)
____________
[Introduced March 15, 2005; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §29A-8-1, §29A-8-2,
§29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6, §29A-8-7, §29A-8-
8 and
§29A-8-
9
,
all relating to creating the "Permitting Information
Act"; providing a short title; setting forth legislative
findings; defining certain terms; creating the position of
ombudsman to facilitate dissemination of information regarding
state permits; providing state agencies have a duty to provide
permitting information; providing for the assessment of costs
against agencies who fail to provide information; providing
for a report to be made to the Legislature and Governor
concerning the dissemination of permitting information; and
requiring the ombudsman to propose rules to effectuate the
purposes of the article.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §29A-8-1, §29A-8-2,
§29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6, §29A-8-7
, §29A-8-
8 and
§29A-8-
9
, all to read as follows:
ARTICLE 8. PERMITTING INFORMATION ACT.
§29A-8-1. Short title.
This article may be known and cited as the "Permitting
Information Act."
§29A-8-2. Legislative findings.
(a) The Legislature finds that persons conducting various
business activities in this state are required to obtain permits
and licenses from agencies that regulate those activities.
(b) The Legislature further finds that the efficiency of the
permitting process is an integral component of effective
government, business development and public participation.
(c) The Legislature further finds that it is the public policy
of the State of West Virginia that the process of permitting of
various activities should be efficient and streamlined.
(d) The Legislature further finds that communication and
coordination among permitting and other agencies, applicants and
the public is essential to the efficiency of the permitting
process.
§29A-8-3. Definitions.
For the purposes of this article, the following words have the
meaning assigned unless the context indicates otherwise:
(a) "Agency" means any board, department, division, authority,
commission or any other public entity that requires a permit to
perform an activity.
(b) "Permit" means any permit, license, authorization,
certification, registration or other approval required to perform
an activity.
§29A-8-4. Creation of permitting information ombudsman function;
authority of permitting information ombudsman.
The Legislature hereby creates the position of permitting
information ombudsman, in the Governor's Office of Technology, for
the purpose of facilitating the dissemination of information
regarding the state's permits. The ombudsman shall have authority
as follows:
(a) To establish a central information repository and to
require each agency to fully cooperate in providing information
relating to the types and purposes of all permits issued;
(b) To determine the information that each agency must submit
in order to provide adequate information to the public regarding
the types of permits needed for a particular activity; and
(c) To require local agencies, including regional, county and
municipal public entities to fully cooperate in providing
information relating to the types and purposes of all permits issued.
§29A-8-5. Duty of agencies to provide permitting information;
development of permitting information repository.
(a) On or before the first day of October, two thousand five,
every agency that issues any permit shall identify itself to the
permitting information ombudsman and the types of permits the
agency issues.
(b) On or before the first day of December, the permitting
information ombudsman shall establish and provide to agencies that
issue permits the procedures and methods for submission of required
permitting information for the permitting information repository.
(c) On or before the first day of February, two thousand six,
every agency that issues permits shall submit the required
permitting information in accordance with the procedures and
methods established by the permitting information ombudsman.
(d) On or before the first day of July, two thousand six, the
permitting information ombudsman will create an internet-based,
publicly accessible permitting information repository that contains
a comprehensive detailed listing of the types of permits, the
purposes of the permits, and the agencies responsible for issuance
of permits, including agency contact information. The permitting
information repository shall allow individuals to obtain a listing
of the types of permits required for specific regulated activities.
§29A-8-6. Provision of newly adopted, revised, or terminated permitting information to permitting information
ombudsman.
Each agency subject to this article is required to provide to
the permitting information ombudsman current information relating
to any permit no later than thirty days prior to the effective date
of implementation, revision, or termination of any permitting
requirement.
§29A-8-7. Failure to provide permitting information to permitting
information ombudsman.
At the recommendation of the permitting information ombudsman,
the Governor's Office of Technology may assess to any agency the
costs of obtaining and preparing permitting information from an
agency that fails to provide such information to the permitting
information ombudsman or otherwise fails to cooperate with the
permitting information ombudsman in a timely manner. Any agency
assessed costs under this section shall pay such costs in a timely
manner.
§29A-8-8. Reporting of status of permitting information repository
to Legislature and Governor.
No later than the thirty-first day of December of each
calendar year, the permitting information ombudsman shall report to
the Legislature and the Governor the status of the permitting
information repository, and shall identify any agency that has
failed to comply with the requirements of this Act.
§29A-8-9. Promulgation of rules.
Pursuant to chapter twenty-nine-a of this code, the permitting
information ombudsman shall promulgate rules to effectuate the
purpose and provisions of this article.
NOTE: The purpose of this bill is to create the "Permitting
Information Act." The primary purpose of this bill is to provide
a governmental mechanism to disseminate information concerning the
state-agency permitting process. Toward this end the proposed
article contains the following provisions: (1)Providing a short
title; (2) setting forth legislative findings; (3) defining certain
terms; (4) creating the position of ombudsman to facilitate
dissemination of information regarding state permits; (5) providing
state agencies have a duty to provide permitting information; (6)
providing for the assessment of costs against agencies who fail to
provide information; (7) providing for a report to be made to the
Legislature and Governor concerning the dissemination of permitting
information; and, (8) requiring the ombudsman to propose rules to
effectuate the purposes of the article.
This article is new; therefore, strike-throughs and
underscoring have been omitted.