H. B. 4849
(By Delegates Beane, Ennis, Barker, Iaquinta, Martin, Yost,
Walters, Frich and Porter)
[Originating in the Committee on Government Organization]
(February 23, 2006)
A BILL to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a
and §4-10-5b of the Code of West Virginia, 1931, as amended,
all relating to the West Virginia sunset law; terminating
agencies following full performance evaluations; terminating
agencies previously subject to full performance evaluations
following compliance monitoring and further inquiry updates;
terminating agencies following preliminary performance
reviews; terminating agencies previously subject to
preliminary performance reviews following compliance
monitoring and further inquiry updates; and terminating boards
created to regulate professions and occupations.
Be it enacted by the Legislature of West Virginia:
That §4-10-4, §4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the
Code of West Virginia, 1931, as amended, be amended and reenacted,
all to read as follows:
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-4. Termination of agencies following full performance evaluations.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a full performance
evaluation has been conducted upon the agency:
(1) On the first day of July, two thousand six: Division of
Motor Vehicles; Department of Revenue; Department of Health and
Human Resources; Department of Environmental Protection; State
Police; Consolidated Public Retirement Board; and Workers'
Compensation.
(
2 1) On the first day of July, two thousand seven:
Division
of Motor Vehicles; Department of Revenue; Department of Health and
Human Resources; Department of Environmental Protection; Workers'
Compensation; Office of Health Facilities Licensure and
Certification within the Department of Health and Human Resources;
Development Office; Parkways, Economic Development and Tourism
Authority; Division of Highways; Division of Personnel; Office of
the Insurance Commissioner; and Division of Culture and History.
(
3 2) On the first day of July, two thousand eight:
Purchasing Division within the Department of Administration;
Division of Rehabilitation Services; Division of Corrections;
Division of Labor; Investment Management Board;
and Division of
Natural Resources
; State Police; Office of Health Facilities
Licensure and Certification within the Department of Health and
Human Resources; and Consolidated Public Retirement Board.
(
4 3) On the first day of July, two thousand nine: Office of
Judges in Workers' Compensation; and Public Land Corporation.
§4-10-4a. Termination of agencies previously subject to full
performance evaluations following compliance
monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a full performance
evaluation:
(1)
On the first day of July, two thousand six: Tourism
Commission within the Development Office.
(2) On the first day of July, two thousand seven:
Tourism
Commission within the Development Office; and School Building
Authority.
(
3 2) On the first day of July, two thousand eight: James
"Tiger" Morton Catastrophic Illness Commission.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a preliminary
performance review has been conducted upon the agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile Facilities Review Panel.
(2) On the first day of July, one thousand nine hundred
ninety-seven: Public Employees Insurance Agency Advisory Board;
Cable Television Advisory Board.
(3) On the first day of July, one thousand nine hundred ninety-nine: Tree Fruit Industry Self-improvement Assessment
Program.
(4) On the first day of July, two thousand: Terms of Family
Law Master and Family Law Master System.
(5) On the first day of July, two thousand three: Advisory
Council on Public Health; Governor's Office of Fiscal Risk Analysis
and Management.
(6) On the first day of July, two thousand four: Workers'
Compensation Appeal Board.
(7) On the first day of July, two thousand five: Clean Coal
Technology Council; and Steel Advisory Commission and Steel Futures
Program.
(8) On the first day of July, two thousand six:
Family
Protection Services Board; Medical Services Fund Advisory Council;
West Virginia Stream Partners Program; Ohio River Valley Water
Sanitation Commission; State Lottery Commission; Whitewater
Commission within the Division of Natural Resources; Unemployment
Compensation; Women's Commission; Personal Assistance Services
Program; Contractor Licensing Board; State Rail Authority; Office
of Explosives and Blasting; Waste Tire Fund; Care Home Advisory
Board;
Capitol Building Commission; Records Management and
Preservation Board; Public Employees Insurance Agency; Soil
Conservation Committee; and Rural Health Advisory Panel.
(9) On the first day of July, two thousand seven:
Records
Management and Preservation Board; Public Employees Insurance
Agency; Office of Explosives and Blasting; Waste Tire Fund; West Virginia Stream Partners Program; Ohio River Valley Water
Sanitation Commission; State Lottery Commission; Whitewater
Commission within the Division of Natural Resources; Contractor
Licensing Board; Human Rights Commission; Office of Coalfield
Community Development; State Fire Commission; Children's Health
Insurance Board; Board of Banking and Financial Institutions;
Lending and Credit Rate Board; Governor's Cabinet on Children and
Families; State Geological and Economic Survey; and Public Energy
Authority and Board.
(10) On the first day of July, two thousand eight: Ethics
Commission; Public Service Commission; Parks section and parks
function of the Division of Natural Resources; Office of Water
Resources of the Department of Environmental Protection; Marketing
and Development Division of Department of Agriculture; Public
Defender Services; Health Care Authority; Public Employees
Insurance Agency Finance Board; West Virginia Prosecuting Attorneys
Institute;
Ron Yost Personal Assistance Services Program; and
Design-Build Board.
(11) On the first day of July, two thousand nine: Driver's
Licensing Advisory Board; West Virginia Commission for National and
Community Service; Membership in the Southern Regional Education
Board; Bureau of Senior Services; Oil and Gas Inspector's Examining
Board; Division of Protective Services; Motorcycle Safety Awareness
Board; Commission on Holocaust Education;
and Commission for the
Deaf and Hard of Hearing
; and Rural Health Advisory Panel.
(12) On the first day of July, two thousand ten: Meat Inspection Program of the Department of Agriculture; Motor Vehicle
Dealers Advisory Board; Interstate Commission on Uniform State
Laws; Center for Professional Development Board; Interstate
Commission on the Potomac River Basin; and Bureau for Child Support
Enforcement.
(13) On the first day of July, two thousand eleven:
Manufactured Housing Construction and Safety Standards Board
; and
State Board of Risk and Insurance Management.
(14) On the first day of July, two thousand twelve: Family
Protection Services Board; West Virginia State Conservation
Committee; State Rail Authority; and Women's Commission.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following
compliance monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a preliminary performance
review:
(1) On the first day of July, two thousand: State Building
Commission.
(2)
On the first day of July, two thousand six: State Board
of Risk and Insurance Management.
(3) On the first day of July, two thousand seven: Office of
the Environmental Advocate; Racing Commission; Educational
Broadcasting Authority; and Oral Health Program.
(4) On the first day of July, two thousand eight:
Environmental Quality Board; and Emergency Medical Services
Advisory Council.
(5) On the first day of July, two thousand nine: Capitol
Building Commission.
(
5 6) On the first day of July, two thousand ten:
Unemployment
Compensation; Veterans' council; and Oil and Gas Conservation
Commission.
§4-10-5b. Termination of boards created to regulate professions
and occupations.
(a) The Legislative Auditor shall evaluate each board created
under chapter thirty of this code to regulate professions and
occupations, at least once every twelve years. The evaluation
shall assess whether the board complies with the policies and
provisions of chapter thirty of this code and other applicable laws
and rules, whether the board follows a disciplinary procedure which
observes due process rights and protects the public interest and
whether the public interest requires that the board be continued.
(b) The following boards terminate on the date indicated, but
no board terminates under this section unless a regulatory board
evaluation has been conducted upon the board:
(1)
On the first day of July, two thousand six: Board of
Examiners in Counseling; Board of Osteopathy; Board of Examiners of
Land Surveyors; Board of Dental Examiners; Board of Licensed
Dietitians; Board of Examiners of Psychologists; and Real Estate
Commission.
(
2 1) On the first day of July, two thousand seven:
Board of
Examiners of Psychologists; Board of Registration for Sanitarians;
Board of Embalmers and Funeral Directors; Board of Optometry; Board
of Social Work Examiners; Board of Respiratory Care Practitioners;
Board of Veterinary Medicine; and Board of Accountancy.
(
3 2) On the first day of July, two thousand eight:
Board of
Licensed Dietitians; Board of Examiners in Counseling; Board of
Dental Examiners; Nursing Home Administrators Board; Board of
Hearing Aid Dealers; Board of Pharmacy; Board of Medicine; Board of
Barbers and Cosmetologists; and Board of Acupuncture.
(
4 3) On the first day of July, two thousand nine: Board of
Physical Therapy; Board of Chiropractic Examiners; Board of
Landscape Architects;
and Board of Occupational Therapy
; and Real
Estate Commission..
(
5 4) On the first day of July, two thousand ten: Board of
Registration for Professional Engineers; Board of Examiners for
Registered Professional Nurses; Board of Examiners for Licensed
Practical Nurses; Board of Examiners for Speech Language Pathology
and Audiology; Board of Registration for Foresters; and Radiologic
Technology Board of Examiners.
(5) On the first day of July, two thousand eleven: Board of
Examiners of Land Surveyors.
(6) On the first day of July, two thousand thirteen: Real
Estate Appraiser Licensure and Certification Board.
(7) On the first day of July, two thousand fourteen: Board of
Architects.
(8) On the first day of July, two thousand fifteen: Massage
Therapy Licensure Board.
(9) On the first day of July, two thousand sixteen: Board of
Osteopathy.