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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4266
(By Mr. Speaker, Mr. Kiss, and Delegates Walters,
Trump, Webb, Beane, Cann and Browning)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5-29-1 and §5-29-2,
all relating to requiring certain state regulatory agencies to
study ways and develop plans to expedite the issuance and
renewal of licenses, permits and certificates to business
entities in good standing; and requiring reports to the
Legislature.
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 §5-29-1 and §5-29-2,
all to read as follows:
ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY
AGENCIES
.
§5-29-1. Purpose of article.
The purpose of this article is to provide for more expeditious and efficient issuance of permits, licenses or certificates by
state regulatory agencies to business entities that are in good
standing in the payment of taxes and other obligations to the
state. For the purposes of this article, a business entity in good
standing is one that:
(1) Has conducted commercial activities in this state for at
least two years
;
(2) Has paid any business tax, workers' compensation or
unemployment compensation premiums due in the preceding two years;
and,
(3) Has not engaged in activities for which any claim of a
substantial violation of any statute or rule has occurred in the
previous two years.
§5-29-2. Regulatory agencies to study expedited permits, licenses
and certificates; reports to the Legislature.
(a) The following regulatory agencies shall study, review and
develop a plan for expediting the issuance and renewal of permits,
licenses and certificates for business entities in good standing:
(1) Division of labor;
(2) The office of miners' health, safety and training;
(3) The division of forestry;
(4) The office of health facilities licensure and
certification within the department of health and human resources;
and
(5) The department of environmental protection excepting the
oil and gas inspectors' examining board.
(b) On or before the first day of December, two thousand four,
each agency to which this article applies shall file a report with
the joint standing committee on government organization, setting
forth the findings of its study, its plan to expedite the issuance
and renewal of permits, licenses and certificates to business
entities in good standing, and its recommendations for any
legislation required to meet the purposes of this article.