FISCAL NOTE
2026 regular session
Introduced
House Bill 5364
By Delegate Hanshaw (Mr. Speaker)
(By Request of the Executive)
[Introduced February 09, 2026; referred to the Committee on Government Organization]
A BILL to amend and reenact §5-28-1, §5-28-3, §5A-8-15, §5A-11-1, §5A-11-3, §5A-11-7, §5B-2-17, §5B-2-20, §5B-2I-7, §5B-9-1, §8-1-5a, §9-4B-7, §9-4C-11, §11-21-12i, §16-5P-3, §16-5CC-6, §16-29D-7, §16-36-1, §16-36-2, §16-40-7, §16-40-8, §17-4A-1, §17-4A-2, §17-4A-3, §20-2-23a, §20-2-23b, §20-2-23d, §20-2-23e, §29-20-4, §29-24-2, §29-24-5, §29-24-7, §29-24-8, and §29-24-9 of the Code of West Virginia, 1931, as amended, to amend the code by adding a new section, designated §44-16-7, and to repeal §5-28-2, §5A-11-2, §5A-11-4, §5A-11-5, §5A-11-6, §5B-1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §9-4B-1, §9-4B-2, §9-4B-3, §9-4B-4, §9-4C-1, §9-4C-2, §9-4C-3, §9-4C-4, §9-4C-5, §9-4C-6, §9-4C-7, §9-4C-8, §16-5M-1, §16-5M-2, §16-5M-3, §16-5P-7, §16-5P-8, §16-5U-1, §16-5U-2, §16-5U-3, §16-5BB-1, §16-5CC-1, §16-5CC-2, §16-5CC-3, §16-5CC-4, §16-5CC-5, §16-22A-4, §16-29B-31, §16-33-2, §16-33-5, §16-36-3, §16-40-6, §16-61-1, §16-61-2, §16-61-3, §17-2E-10, §18-10Q-1, §18-10Q-2, §18-10Q-3, §18-10Q-4, §18-10Q-5, §22-11A-1, §22-11A-4, §22-11A-6, §22-11A-7, §24-6-15, §29-20-1, §29-20-2, §29-20-3, §29-20-5, §29-20-6, §29-24-3, §29-24-4, and §49-2-913, relating to reforms to numerous unnecessary, expired, overly-large, or outdated boards and commissions; shifting several tasks, duties, responsibilities, or funds of these outdated or unnecessary boards and commissions to other agencies or entities; eliminating the Commission on Holocaust Education and Shifting its powers and duties to the Archives and History Commission, eliminating the Records Management and Preservation Board and shifting its powers and duties to the Director of the Archives and History Section of the Department of Tourism, eliminating the Public Land Corporation and vesting its property to the Division of Natural Resources, eliminating the Public Land Corporation Board of Directors and shifting its powers and duties to the Director of the Division of Natural Resources, eliminating the West Virginia Motorsport Committee and shifting its powers and duties to the Tourism Advisory Council, repealing the Southern West Virginia Lake Development Study Commission Act, changing the composition of the Tourism Advisory Council, eliminating the Flatwater Trail Commission and shifting its powers and duties to the Tourism Advisory Council, eliminating the Municipal Home Rule Board and shifting control of the Municipal Home Rule Program to the control of the participating municipalities, repealing the Physical/Medical Practitioner Provider Medicaid Enhancement Board, repealing the General Medicaid Enhancement Board, repealing the Dentist Medicaid Enhancement Board, repealing the Ambulance Service Provider Medicaid Enhancement Board, repealing the Facility Providers’ Medicaid Enhancement Board, removing language referencing the repealed West Virginia Appraisal Control and Review Commission; repealing the Interagency Council on Osteoporosis; repealing the West Virginia Council on Aging; repealing the Interagency Council on Arthritis; repealing the Workgroup to Study Adverse Childhood Experiences; repealing the West Virginia Advisory Council on Rare Diseases; repealing the Hearing Impairment Testing Advisory Committee; repealing the Working Group on Hospice Services in West Virginia; eliminating the Advisory Committee on State Health Care Rules but keeping the authority of the Secretary of the Department of Human Services to promulgate legislative rules; repealing the Breast and Cervical Cancer Detection and Education Program Coalition; repealing the Advisory Committee on Needlestick Injury Prevention Rules but keeping the authority of the Commissioner of the Bureau of Public Health to promulgate legislative rules; repealing the Advisory Council on Statewide Birth Defects Information System; repealing the State Advisory Coalition on Palliative Care Work Group; repealing the Taskforce on Infrastructure Deployment Clearinghouse; eliminating the Complete Streets Advisory Board but keeping the Complete Streets Program under the authority of the Division of Highways; repealing the Employment First Taskforce; eliminating the Whitewater Commission and shifting its powers and duties to the Director of the Division of Natural Resources; repealing the Carbon Dioxide Sequestration Pilot Program and Working Group; repealing the Commission to Implement NG911 in West Virginia, repealing the Women’s Commission; eliminating the Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities Board and shifting its powers and duties to the Division of Rehabilitation Services; repealing the Trusts for Children with Autism and the West Virginia Children with Autism Trust Board but allowing qualifying trust established on or prior to December 31, 2026 to continue with the same qualifications; repealing the Juvenile Justice Reform Oversight Commission; modifying or eliminating various reports of affected boards and commission; and general cleanup and technical changes in affected sections.
Be it enacted by the Legislature of West Virginia:
The Legislature finds and declares:
(1) That the holocaust perpetrated by the Nazis during the period between one thousand nine hundred thirty-three and one thousand nine hundred forty-five resulted in the genocide of six million Jews and millions of nonJews as part of a carefully orchestrated central government program;
(2) That the holocaust stands as a grim reminder and warning to all generations of genocidal crimes and atrocities committed by man based on ignorance and fear and that all people should rededicate themselves to the principles of human rights and equal protection under the laws of a democratic society;
(3) That education can ensure that citizens are knowledgeable about the events leading up to the holocaust and about the organizations and facilities that were created and used purposefully for the systematic destruction of human beings and that the lessons of holistic trust and respect for peoples of various cultures are important for the citizens of West Virginia as they enter the global marketplace and economy; and
(4) That programs, workshops, institutes, seminars, exhibits and other teacher training and public awareness activities for the study of the holocaust have taken place during recent years, but a central resource for schools, churches and communities studying the holocaust is needed. ;
(5) That, toward that end, the Governor, by executive order No. 2-98, dated April 16, one thousand nine hundred ninety-eight, created and established the West Virginia holocaust commission on education; and
(6) That, in furtherance of the intent and purposes of the aforesaid executive order, it is the intent of the Legislature to create a permanent state commission which, as an organized body and on a continuous basis, will survey, design, encourage and promote implementation of holocaust education and awareness programs in West Virginia and will be responsible for organizing and promoting the memorialization of the holocaust on a regular basis throughout the state.
[Repealed.]
(a) The commission archives and history commission, as created in §29-1-5 of this code, shall:
(1) Provide, based upon the collective knowledge and experience of its members, assistance and advice to public and private schools, colleges and universities with respect to the implementation of holocaust education and awareness programs;
(2) Meet with appropriate education officials and other interested public and private organizations, including service organizations, for the purpose of providing information, planning, coordination or modification of courses of study or programs dealing with the subject of the holocaust;
(3) Compile a roster of individual volunteers who are willing to share their verifiable knowledge and experiences in classrooms, seminars and workshops on the subject of the holocaust. The volunteers may be survivors of the holocaust, liberators of concentration camps, scholars, members of the clergy, community relations professionals or other persons who, by virtue of their experience, education or interest, have experience with the holocaust;
(4) Coordinate events memorializing the holocaust and seek volunteers who are willing and able to participate in commemorative events that will enhance public awareness of the significance of the holocaust; and
(5) Prepare annual reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of holocaust studies and special programs memorializing the holocaust in educational systems in this state.
(b) The commission may accept and use for the benefit of the people of West Virginia any gift or devise of any property or thing which is lawfully given and is authorized to accept state funds as the same may be appropriated by the Legislature.
The Legislature finds that the use of electronic technology and other procedures to manage and preserve public records by counties should be uniform throughout the state where possible.
(a) The governing body and the chief elected official of a county, hereinafter referred to as a county government entity, whether organized and existing under a charter or under general law, shall promote the principles of efficient records management and preservation of local records. A county governing entity may, as far as practical, follow the program established for the uniform management and preservation of county records as set out in rules proposed for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code as proposed by the Records Management and Preservation Board Archives and History Section of the Department of Tourism, as created in §29-1-1 of this code.
(b) In the event a county government entity decides to destroy or otherwise dispose of a county record, the county government entity may, prior to destruction or disposal thereof, offer the record to the director of Archives and History within the Department of Arts, Culture, and History Tourism for preservation of the record as a document of historical value. Unless authorized by the Supreme Court of Appeals, the records of courts of record and magistrate courts are not affected by the provisions of this section.
(c)(1) A preservation duplicate of a county government entity record may be stored in any format approved by the board Director of the Archives and History Section in which the image of the original record is preserved in a form, including electronic file, in which the image is incapable of erasure or alteration and from which a reproduction of the stored record may be retrieved that truly and accurately depicts the image of the original county government record.
(2) Except for those formats, processes, and systems used for the storage of records on the effective date of this section, no alternate format for the storage of county government entity records described in this section is authorized for the storage of county government entity records unless the particular format has been approved pursuant to a legislative rule promulgated by the board Director of the Archives and History Section in accordance with the provisions of Chapter 29A of this code. The board Director of the Archives and History Section may prohibit the use of any format, process, or system used for the storage of records upon its determination that the same is not reasonably adequate to preserve the records from destruction, alteration, or decay.
(3) Upon creation of a preservation duplicate that stores an original county government entity record in an approved format that is incapable of erasure or alteration and that may be retrieved in a format that truly and accurately depicts the image of the original record, the county government entity may destroy or otherwise dispose of the original in accordance with the provisions of §57-1-7c of this code.
(d) A Records Management and Preservation Board for county government entities is continued, to be composed of 11 members.
(1) Three members shall serve ex officio. One member shall be the curator of the Department of Arts, Culture, and History or designee who shall be the chair of the board. One member shall be the Administrator of the Supreme Court of Appeals or designee. One member shall be the Chief Technology Officer or designee.
(2) The Governor shall appoint eight members of the board, with the advice and consent of the Senate. Not more than five appointments to the board may be from the same political party and four members shall be appointed from each congressional district. Of the eight members appointed by the Governor:
(i) Five appointments shall be county elected officials, one of whom shall be a clerk of a county commission, one of whom shall be a circuit court clerk, one of whom shall be a county commissioner, one of whom shall be a county sheriff, and one of whom shall be a county assessor, to be selected from a list of 15 names. The names of three clerks of county commissions and three circuit court clerks shall be submitted to the Governor by the West Virginia Association of Counties. The names of three county commissioners shall be submitted to the Governor jointly by the West Virginia Association of Counties and the West Virginia County Commissioners Association. The names of three county sheriffs shall be submitted to the Governor by the West Virginia Sheriff's Association. The names of three county assessors shall be submitted to the Governor by the Association of West Virginia Assessors;
(ii) One appointment shall be a county prosecuting attorney to be selected from a list of three names submitted by the West Virginia Prosecuting Attorneys Institute;
(iii) One appointment shall be an attorney licensed in West Virginia and in good standing as a member of the West Virginia State Bar with experience in real estate and mineral title examination, to be selected from a list of three names submitted by the State Bar; and
(iv) One appointment shall be a representative of a local historical or genealogical society.
(e) The members of the board shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties as members of the board in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration. In the event the expenses are paid, or are to be paid, by a third party, the member shall not be reimbursed by the state.
(f) The staff of the board shall consist of the Director of Archives and History within the Department of Arts, Culture, and History and any additional staff as needed.
(g) The board Director of the Archives and History Section shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to establish a system of records management and preservation for county governments:. Provided, That, for the retention and disposition of records of courts of record and magistrate courts, the However, the implementation of the rule for the retention and disposition of records of courts of record and magistrate courts is subject to action by the Supreme Court of Appeals of West Virginia. The proposed rules shall include provisions for establishing a program of grants to county governments for making records management and preservation uniform throughout the state.
(h) (e) In addition to the fees charged by the clerk of the county commission under the provisions of §59-1-10 of this code, the clerk shall charge and collect an additional $2 fee for every document containing less than 20 pages filed for recording and an additional $1 fee for each additional 10 pages of document filed for recording. At the end of each month, the clerk of the county commission shall deposit into the Public Records and Preservation Revenue Account as established in the State Treasury all fees collected: Provided, That the clerk may retain not more than 10 percent of the fees for costs associated with the collection of the fees. Clerks shall be responsible for accounting for the collection and deposit in the State Treasury of all fees collected by the clerk under the provisions of this section.
(i) (f) There is hereby created in the State Treasury a special account entitled the Public Records and Preservation Revenue Account. The account shall consist of all fees collected under the provisions of this section, legislative appropriations, interest earned from fees, investments, gifts, grants, or contributions received by the board Director of the Archives and History Section. Expenditures from the account shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code.
(j) (g) Subject to the above provision, the board Director of the Archives and History Section may expend the funds in the account to implement the provisions of this article. In expending funds from the account, the board Director of the Archives and History Section shall allocate not more than 50 percent of the funds for grants to counties for records management, access, and preservation purposes. The board Director of the Archives and History Section shall provide for applications, set guidelines, and establish procedures for distributing grants to counties, including a process for appealing an adverse decision on a grant application. Expenditures from the account shall be for the purposes set forth in this section, including the cost of additional staff of the Division of Archives and History.
(a) The Public Land Corporation, heretofore created and established as a unit of the Division of Natural Resources, is hereby and previously continued and established as a unit of the Real Estate Division of the Department of Administration, is hereby eliminated. The property belonging to the Public Land Corporation upon the effective date of its elimination shall be transferred to the Division of Natural Resources of the Department of Commerce.
(b) The corporation is a public benefit corporation and an instrumentality of the state and may sue or be sued, contract and be contracted with, plead and be impleaded, have and use a common seal.
(c) The corporation is vested with The Division of Natural Resources of the Department of Commerce shall be forthwith vested with:
(1) The title of the State of West Virginia in public lands, the title to which now is or may hereafter become vested in the State of West Virginia by reason of any law governing the title of lands of the state: Provided, That those. However, lands for which title is specifically vested by law in other state agencies, institutions and departments shall continue to be vested in such state agencies, institutions and departments.
(2) The State of West Virginia’s interest in the rivers, streams, creeks or beds thereof.
(3) All other public lands managed or acquired by the Division of Natural Resources pursuant to Chapter 20 of this code.
(c) All property vested with the Division of Natural Resources shall be for the use and enjoyment of the citizens of the state. When appropriated, the Division of Natural Resources should collaborate with the Secretary of Tourism to determine the best use for the public property.
(d) The powers and duties of the Director of the Division of Natural Resources, as set forth in §20-1-7 of this code, shall apply to all public property vested with the Division of Natural Resources, without distinction.
(d) The provisions of this article do not apply to:
(1) The State of West Virginia's interest in the rivers, streams, creeks or beds thereof and all other public lands managed or acquired by the Division of Natural Resources pursuant to the provisions of section seven, article one, chapter twenty of this code and section two, article five, chapter twenty of this code, the title to all of which shall collectively be transferred to and vested in the Division of Natural Resources for the use and enjoyment of the citizens of the state; or
(2) Public lands acquired by the Division of Forestry pursuant to article one-a, chapter nineteen of this code.
[Repealed.]
(a) The corporation is hereby authorized and empowered to:
(1) Acquire from any persons or the State Auditor or any local, state or federal agency, by purchase, lease or other agreement, any lands necessary and required for public use;
(2) Acquire by purchase, condemnation, lease or agreement, receive by gifts and devises or exchange, rights-of-way, easements, waters and minerals suitable for public use;
(3) Sell or exchange public lands where it is determined that the sale or exchange of such tract meets any or all of the following disposal criteria:
(A) The tract was acquired for a specific purpose and the tract is no longer required for that or any other state purpose;
(B) Disposal of the tract serves important public objectives including, but not limited to, expansion of communities and economic development which cannot be achieved on lands other than public lands and which clearly outweigh other public objectives and values including, but not limited to, recreation and scenic values which would be served by maintaining the tract in state ownership; or
(C) The tract, because of its location or other characteristics, is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another state department or agency.
(4) Sell, purchase or exchange lands or stumpage for the purpose of consolidating lands under state or federal government administration subject to the disposal criteria specified in subdivision (3) of this subsection;
(5) Negotiate and effect loans or grants from the government of the United States or any agency thereof for acquisition and development of lands as may be authorized by law to be acquired for public use;
(6) Expend the income from the use and development of public lands for the following purposes:
(A) Liquidate obligations incurred in the acquisition, development and administration of lands, until all obligations have been fully discharged;
(B) Purchase, develop, restore and preserve for public use, sites, structures, objects and documents of prehistoric, historical, archaeological, recreational, architectural and cultural significance to the State of West Virginia; and
(C) Obtain grants or matching moneys available from the government of the United States or any of its instrumentalities for prehistoric, historic, archaeological, recreational, architectural and cultural purposes.
(7) Designate lands, to which it has title, for development and administration for the public use including recreation, wildlife stock grazing, agricultural rehabilitation and homesteading or other conservation activities;
(8) Enter into leases as a lessor for the development and extraction of minerals, including coal, oil, gas, sand or gravel except as otherwise circumscribed herein: Provided, That leases for the development and extraction of minerals shall be made in accordance with the provisions of sections five and six of this article. The corporation shall reserve title and ownership to the mineral rights in all cases;
(9) Convey, assign or allot lands to the title or custody of proper departments or other agencies of state government for administration and control within the functions of departments or other agencies as provided by law;
(10) Make proper lands available for the purpose of cooperating with the government of the United States in the relief of unemployment and hardship or for any other public purpose.
(b) (a) There is hereby continued in the state Treasury a special Public Land Corporation Fund into which shall be paid all proceeds from public land sales and exchanges and rents, royalties and other payments from mineral leases. The Division of Natural Resources may acquire public lands from use of the payments made to the fund, along with any interest accruing to the fund. The Public Land Corporation Fund may be used for the benefit, administration, maintenance, or use of any property owned or managed by the Public Land Corporation as of January 1, 2026. The Public Land Corporation Fund shall be administered by the Director of the Division of Natural Resources.
(1) Provided, That All royalties and payments derived from rivers, streams or public lands acquired or managed by the Division of Natural Resources pursuant to section seven, article one, chapter twenty §20-1-7 of this code and section two, article five, chapter twenty §20-5-2 of this code shall be retained by the Division of Natural Resources. Provided, however, That
(2) All proceeds, rents, royalties and other payments from land sales, exchanges and mineral rights leasing for public lands owned, managed or controlled by the Adjutant General's Department will be retained in a fund managed by the Adjutant General in accordance with article six, chapter fifteen of the code. Provided further, That
(3) All free gas, sand, gravel or other natural resources derived from a lease or contract made pursuant to this article will be used to benefit the state agencies, institutions, or departments located on the affected public lands, or for which the corporation was acting or to benefit any state agencies, institutions, or departments having adjacent property. The corporation may acquire public lands from use of the payments made to the fund, along with any interest accruing to the fund.
(b) The corporation Division of Natural Resources shall report annually, just prior to the beginning of the regular session of the Legislature, to the finance committees of the Legislature on the financial condition of the special fund. The corporation Division of Natural Resources shall report annually to the Legislature on its public land holdings and all its leases, its financial condition and its operations and shall make such recommendations to the Legislature concerning the acquisition, leasing, development, disposition and use of public lands. The annual reports required by this subdivision do not have to be submitted as stand-alone reports, and may be incorporated into any other report obligated by the Division of Natural Resources, which is due contemporaneously.
(c) All state agencies, institutions, divisions and departments shall make an inventory of the public lands of the state as may be by law specifically allocated to and used by each and provide to the corporation a list of such public lands and minerals, including their current use, intended use or best use to which lands and minerals may be put: Provided, That the Division of Highways need not provide the inventory of public lands allocated to and used by it, and the Division of Natural Resources need not provide the inventory of rivers, streams and public lands acquired or managed by it. The inventory shall identify those parcels of land which have no present or foreseeable useful purpose to the State of West Virginia. The inventory shall be submitted annually to the corporation by August 1. The corporation shall compile the inventory of all public lands and minerals and report annually to the Legislature by no later than January 1, on its public lands and minerals and the lands and minerals of the other agencies, institutions, divisions or departments of this state which are required to report their holdings to the corporation as set forth in this subsection, and its financial condition and its operations.
(d) Except as otherwise provided by law, when the corporation exercises its powers, the corporation will coordinate with other state agencies, institutions, and departments in order to develop and execute plans to utilize mineral rights which benefit their operations or the operations of any other state agencies, institutions, or departments.
[Repealed.]
[Repealed.]
[Repealed.]
To effectuate the transfer of the public property formerly maintained by the Public Land Corporation to Real Estate Division of the Department of Administration the Division of Natural Resources upon the effective date of this section in the year 20072026:
(1) Subject to the provisions of section one-d of this article, the Secretary of the Department of Administration or a designee and the Secretary of the Department of Commerce or a designee shall determine which employees, records, responsibilities, obligations, assets and property, of whatever kind and character, of the Public Land Corporation will be transferred to the Real Estate Division of the Department of Administration beginning the effective date of this section in the year 2007: Provided, That any title transferred to or vested in the Public Land Corporation, formerly existing under the provisions of article one-a, chapter twenty of this code, as of July 1, 2007, or which may hereafter become vested in the Public Land Corporation in accordance with the provisions of this article, shall continue to be vested in the Public Land Corporation.
(2) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective by the Governor, by any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which have been transferred to the Real Estate Division of the Department of Administration Division of Natural Resources and were in effect on the date the transfer occurred continue in effect, for the benefit of the department division, according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law by the Governor, the secretary of the Department of Administration Director of the Division of Natural Resources, or other authorized official, a court of competent jurisdiction or by operation of law.
(3) (2) Any proceedings, including, but not limited to, notices of proposed rulemaking, in which the Public Land Corporation was an initiating or responding party are not affected by the transfer elimination of the Public Land Corporation to the Real Estate Division of the Department of Administration and the transfer of the public property to the Division of Natural Resources. Orders issued in any proceedings continue in effect until modified, terminated, superseded or revoked by the Governor, the Secretary of Administration Director of the Division of Natural Resources, by a court of competent jurisdiction or by operation of law. Nothing in this subdivision prohibits the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that a proceeding could have been discontinued or modified if the Public Land Corporation had not been transferred to the Real Estate Division of the Department of Administration eliminated. Transfer of the public property formerly vested with the Public Land Corporation does not affect suits commenced prior to the effective date of the transfer and all such suits and proceedings shall be had, appeals taken and judgments rendered in the same manner and with like effect as if the transfer had not occurred, except that the Secretary of the Department of Administration Director of the Division of Natural Resources or other officer may, in an appropriate case, be substituted or added as a party.
(a) The West Virginia Motorsport Committee is hereby created.
(b) The committee consists of 17 members, including its chairperson, appointed by the Governor to serve at his or her will and pleasure. The committee members shall represent:
(1) Asphalt oval racing;
(2) Dirt drag racing;
(3) Dirt oval racing;
(4) Drag racing;
(5) Drift racing;
(6) Hill climb racing;
(7) Karting racing;
(8) Motor cross racing;
(9) Motorcycle road course racing;
(10) Mud racing;
(11) Off-road racing;
(12) Rallying racing;
(13) Rallycross racing;
(14) Road course racing;
(15) Time Trials racing; and
(16) Truck/Tractor pulls.
(c) The Secretary of the Department of Tourism and the Executive Director of the Division of Economic Development shall also serve on the committee, ex officio.
(d) The committee shall:
The Tourism Advisory Council shall:
(1) Work with the existing facilities within the state to enhance existing motorsport racing;
(2) Develop a strategy that creates further opportunities, such as encouraging racing training schools, conducting special events, and encouraging special events and the construction of larger in-state racing facilities; and
(3) Seek opportunities to promote economic growth and manufacturing jobs related to motorsports.
(e) The committee shall hold regular meetings, at least quarterly, and conduct public hearings as it considers necessary.
(a) The West Virginia Uncrewed Aircraft Systems Advisory Council is hereby created within the Division of Economic Development.
(b) The council consists of the following nine members, including the chairperson:
(2) The following eight members shall be appointed by the Governor and serve at his or her will and pleasure:
(A) One member representing the Secretary of the Department of Transportation;
(B) One member from the Adjutant General’s Department;
(C) One member representing the uncrewed aircraft system industry with at least five years of experience operating an uncrewed aircraft;
(D) One member representing a national association of the uncrewed aerial vehicle industry;
(E) One member with experience managing a commercial services airport;
(F) One member representing business and industry, generally;
(G) One member representing academia; and
(H) One member representing the advanced air mobility industry developing human transit capabilities.
(3) Members of the council will receive no compensation but are entitled to reimbursement for mileage expenses while attending meetings of the committee to the extent that funds are available through the Division of Economic Development.
(c) The council Director of the Division of Economic Development shall:
(1) Identify trends and technologies driving innovation in uncrewed aircraft systems;
(2) Develop comprehensive strategies, including, but not limited to, the promotion of research and development, education, economic growth, and jobs in the uncrewed aircraft system industry in West Virginia; public acceptance of the uncrewed aircraft system industry; business planning; air vehicle technology and manufacturing; and airspace management and national airspace system integration; and
(3) Develop recommended legislation addressing specific issues and in furtherance of the comprehensive strategies identified in subdivision (2), subsection (c) of this section.
(d) The council shall meet at least annually and may convene public meetings to gather information or receive public comments.
(e) The council shall report on the status of its duties, goals, accomplishments, and recommendations to the Legislature on at least an annual basis.
(b) In its annual report required by §5-1-20(a) of this code, the Secretary of Commerce shall include a progress report on the promotion of uncrewed aircraft systems, including accomplishments and recommendations to the Legislature.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
(a) There is continued within the Department of Tourism an independent Tourism Advisory Council.
(b) The Tourism Advisory Council consists of the following 16 eleven members:
(1) The Secretary of Commerce or his or her designee, ex officio;
(2) The Secretary of the Department Director of the Division of Economic Development or his or her designee, ex officio;
(3) (2) The Secretary of Transportation or his or her designee, ex officio; and
(4) Twelve (3) Nine members appointed by the Governor, with the advice and consent of the Senate, representing participants in the state's tourism industry. Ten of the members shall be from the private sector, one shall be a director employed by a convention and visitors bureau and one shall be a member of a convention and visitors bureau. In making the appointments, the Governor may select from a list provided by the West Virginia Hospitality and Travel Association of qualified applicants. Of the 12 members so appointed, no fewer than five shall be from each congressional district within the state and shall be appointed to provide the broadest geographic distribution that is feasible;
(5) One member to be appointed by the Governor to represent public sector nonstate participants in the tourism industry within the state.
(c) Each member appointed by the Governor serves a staggered term of four years. Any member whose term has expired serves until his or her successor has been appointed. Any person appointed to fill a vacancy serves only for the unexpired term. Any member is eligible for reappointment. In case of a vacancy in the office of a member, the vacancy shall be filled by the Governor in the same manner as the original appointment.
(d) The chair of the Tourism Advisory Council shall be appointed by the Governor from members then serving on the commission, and serves at the will and pleasure of the Governor.
(e) The Tourism Advisory Council shall:
(1) Advise the secretary of the Department of Tourism in the development and implementation of the state's comprehensive tourism advertising, marketing, promotion, and development strategy; and
(2) Take all actions, in consultation with the secretary, necessary to settle, finalize, and conclude all outstanding advertising grants or other financial obligations of the Tourism Advisory Council respecting funds in the Tourism Promotion Fund previously approved, expended or obligated by the Tourism Advisory Council as of the effective date of this article.
(f) Members of the Tourism Advisory Council are not entitled to compensation for services performed as members. Each member from the private sector is entitled to reimbursement for reasonable expenses incurred in the discharge of their official duties. All expenses incurred by members from the private sector shall be paid in a manner consistent with guidelines of the Travel Management Office of the Department of Administration and are payable solely from the funds of the Department of Tourism or from funds appropriated for that purpose by the Legislature. Liability or obligation is not incurred by the Department of Tourism beyond the extent to which moneys are available from funds of the authority or from the appropriations.
(g) Members shall meet at least quarterly as designated by the chair.
(a) The Flatwater Trail Commission is hereby created as an independent body corporate. It shall be a commission advisory to the secretary and to the Department of Commerce.
(b) The Flatwater Trail Commission shall consist of five members, who shall be residents and citizens of the state. The commission members shall be appointed by the Governor, by and with the advice and consent of the Senate. Throughout the operation of the commission, at least two of the members shall have knowledge of and experience with nonmotorized watercraft recreation, and at least two members shall have knowledge of and experience with motorized watercraft recreation. Each member shall serve a term of five years. Of the members first appointed, two shall be appointed for a term ending December 31, 2021, and one each for terms ending one, two, and three years thereafter. Commission members may be reappointed to additional terms.
(c) The chair of the Flatwater Trail Commission shall be appointed by the Governor from members then serving on the commission and serves at the will and pleasure of the Governor.
(d) It is the duty of the commission Tourism Advisory Council:
(1) To unify and coordinate efforts to develop and establish successful flatwater trails in this state;
(2) To standardize procedures, programs, research, and support for the development and establishment of flatwater trails;
(3) To disseminate information for the purpose of educating the public as to the existence and functions of the commission and as to the availability of state, federal, and nongovernmental resources and support for the development and establishment of flatwater trails; and
(4) To advise, consult, and cooperate with other offices of the Department of Commerce and other agencies of state government, and to receive assistance therefrom in the development of activities and programs of beneficial interest to water recreation and flatwater trails.
(e) The Department of Commerce shall assist the commission its functions and operations, including, but not limited to, providing administrative, clerical, and technical support, publishing materials developed by the commission, and preparation of proposed legislation to further the purposes of the commission.
(f) Members of the Flatwater Trail Commission are not entitled to compensation for services performed as members. Each member is entitled to reimbursement for reasonable expenses incurred in the discharge of their official duties. All expenses incurred by members shall be paid in a manner consistent with guidelines of the Travel Management Office of the Department of Administration and are payable solely from the funds of the Department of Commerce or from funds appropriated for that purpose by the Legislature. Liability or obligation is not incurred by the commission beyond the extent to which moneys are available from funds of the authority or from the appropriations.
(g) Members shall meet at least quarterly as designated and scheduled by the chair. The presence of three members, in person or by real-time electronic communication, constitutes a quorum to conduct business at a meeting.
(a) The Legislature finds and declares that:
(1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;
(2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities;
(3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program, but it lacked some needed powers and duties;
(4) (2) Municipalities still face challenges effectively delivering services required by federal and state law or demanded by to their constituents;
(5) Municipalities are sometimes restrained by state statutes, policies, and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient, and timely manner;
(6) (3) Establishing the Municipal Home Rule Pilot Program as a permanent program is in the public interest; and
(7) Increasing the powers and duties of the Municipal Home Rule Board, subject to the limitations set forth herein, will enhance the Municipal Home Rule Program;
(4) The Municipal Home Rule Program has generated a number of creative and high-quality ways to enable municipalities to deliver services in a more expeditious manner;
(5) Many of these ideas may be implemented more efficiently and effectively by providing participating municipalities direct authority for these creative solutions in this code; and
(6) The Municipal Home Rule Program may be run more effectively without a central state oversight board.
(b) The Municipal Home Rule Pilot Program is established as a permanent program and shall be identified as the Municipal Home Rule Program. (1) Any ordinance related to an approved plan or approved amendment to an approved plan approved by the board during the period of the Municipal Home Rule Pilot Program is continued shall continue in full force and effect, unless and until repealed by the municipality for only that municipality’s previously approved plan or plan amendment.
(2) Beginning July 1, 2026, the Municipal Home Rule Board is hereby terminated, and any records, assets, and equipment shall be transferred to the Department of Revenue.
(3) Any ordinance, act, resolution, rule, or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect unless and until repealed: Provided, That municipalities that are participants in the Municipal Home Rule Program shall update their ordinances, acts, resolutions, rules, and regulations to comply with any additions or modifications to subsection (i), subsection (j), or subsection (k) of this section.
(c) (1) Commencing July 1, 2019 2026, any Class I, Class II, or Class III municipality that is current in payment of all state fees may apply to municipality may participate in the Municipal Home Rule Program pursuant to the provisions of this section. Also, commencing July 1, 2019, up to four applications per year from Class IV municipalities may be approved by the board for participation in the Municipal Home Rule Program pursuant to the provisions of this section, provided the Class IV municipality is current in payment of all state fees.
(2) The municipalities participating in the Municipal Home Rule Pilot Program on the effective date of the amendment and reenactment of this section are authorized to continue in the Municipal Home Rule Program, subject to the requirements of this section, and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.
(3) On July 1, 2019, all municipalities currently participating in the Municipal Home Rule Pilot Program shall pay an annual assessment of $2,000 for the operation and administration of the Home Rule Board. On July 1 of each year thereafter from 2020 to 2025, all municipalities participating in the Municipal Home Rule Program as of that date shall pay the annual assessment. Any participating municipality that fails to timely remit its assessment when due may be assessed a penalty of an additional $2,000 by the board. This annual assessment shall be discontinued in 2026.
(4) There is created in the office of the State Treasurer a special revenue account fund to be known as the Home Rule Board Operations Fund. The assessments required by the provisions of subdivision (3) of this subsection shall be deposited into the fund, and expenditures from the fund shall be made in accordance with appropriation of the Legislature under the provisions of §12-3-1 et seq. of this code, and in compliance with the provisions of §11B-2-1 et seq. of this code: Provided, That legislative appropriation is not required during fiscal year 2019. As of June 30, 2026, all balances remaining in the Home Rule Board Operations Fund for the administration of the Municipal Home Rule Pilot Program shall expire to the General Revenue Fund. Upon transfer of all funds, the Home Rule Board Operations Fund will be closed and discontinued.
(5) Any balance in the fund created under subdivision (4) of this subsection at the end of a fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account for uses consistent with the provisions of this section.
(6) All costs and expenses lawfully incurred by the board may be paid from the fund created under subdivision (4) of this subsection.
(7) Notwithstanding any provision of this section to the contrary, if at the end of a fiscal year the unencumbered balance of the fund created in subdivision (4) of this subsection is $200,000 or more, then annual assessments shall be suspended until the board determines that the unencumbered balance in the fund is insufficient to meet operational expenses. The board shall notify all participating municipalities of the suspension of the annual assessment prior to the end of the fiscal year and provide an estimate of when payment of annual assessments will resume.
(d) The Municipal Home Rule Board is continued. The Municipal Home Rule Board shall consist of the following five voting members:
(1) The Governor, or a designee, who shall serve as chair;
(2) The Executive Director of the West Virginia Development Office, or a designee;
(3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;
(4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and
(5) One member representing the West Virginia Chapter of the American Planning Association, appointed by the Governor with the advice and consent of the Senate.
The Chair of the Senate Committee on Government Organization and the Chair of the House Committee on Government Organization shall serve as ex officio nonvoting members of the board.
(e) The Municipal Home Rule Board shall:
(1) Review, evaluate, make recommendations, and approve or reject, for any lawful reason, by a majority vote of the board, each aspect of the written plan, or the written plan in its entirety, submitted by a municipality;
(2) By a majority vote of the board, select, based on the municipality’s written plan, new Class I, Class II, Class III, and/or Class IV municipalities to participate in the Municipal Home Rule Program;
(3) Review, evaluate, make recommendations, and approve or reject, for any lawful reason, by a majority vote of the board, the amendments to the existing approved written plans submitted by municipalities: Provided, That any new application or amendment that does not reasonably demonstrate the municipality’s ability to manage its associated costs or liabilities shall be rejected;
(4) Consult with any agency affected by the written plans or the amendments to the existing approved written plans; and
(5) Perform any other powers or duties necessary to effectuate the provisions of this section: Provided, That any administrative rules established by the board for the operation of the Municipal Home Rule Program shall be published on the Municipal Home Rule Board’s website, and made available to the public in print upon request.
(f) (d) Any Class I, Class II, Class III, or Class IV Notwithstanding any provision of Chapter 8 of this code, any municipality desiring to participate in the Municipal Home Rule Program, or any municipality desiring to amend its existing approved written plan, shall submit a written plan to the board shall propose, advertise, and pass an ordinance stating in detail the following:
(1) The specific laws, acts, resolutions, policies, rules, or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective, and timely manner;
(2) The problems created by those laws, acts, resolutions, policies, rules, or regulations;
(3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules, and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and
(1) The specific problem that the municipality has in carrying out its duties in the most cost-efficient, effective, and timely manner;
(2) The manner in which that problem may be addressed by passing an ordinances, acts, resolutions, rules, and regulations authorized by subsection (g) of this section;
(4) (3) A written opinion, by an attorney licensed to practice in the State of West Virginia, stating that the proposed written plan ordinance does not violate the provisions of this section.
(g) (e) Prior to submitting its written plan, or an amendment to an existing approved written plan, to the board, the Prior to passing an ordinance subject to this section, a municipality shall:
(1) Hold a public hearing on the written plan or the amendment to the existing approved written plan proposed ordinance;
(2) Provide notice of the public hearing at least 30 days prior to the public hearing by a Class II legal advertisement to its citizens: Provided, That on or before the first day of publication, the municipality shall send a copy of the notice by certified mail to the Municipal Home Rule Board and the cabinet secretary of every state department;
(3) Make a copy of the written plan or amendment proposed ordinance available for public inspection at least 30 days prior to the public hearing; and
(4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan or amendment to the Municipal Home Rule Board to conduct the municipality’s stated authorized activities, so long as: Provided, That the proposed ordinance has been read two times, as required by §8-11-4 of this code.
(h) By a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote new Class I, Class II, Class III, and/or Class IV municipalities to participate in the Municipal Home Rule Program.
(i) (f) Notwithstanding Chapter 8 of this code, municipalities utilizing the Municipal Home Rule Program may pass an ordinance for the following authorized activities:
(1) A one percent municipal sales and use tax as set forth in §8-1-5a(h)(14);
(2) A municipal code enforcement process, as an exception to §8-12-16 of this code, to provide on-the-spot citations for violations of municipal code related to repair of a dwelling or building, maintenance of a dwelling or building, closing of a dwelling or building, or demolition of a dwelling or building that is unfit for human habitation, so long as any person cited is afforded due process with the ability to appeal the citation;
(3) The sale of real or personal property without an auction, worth in excess of $1,000 and not more than $25,000 in value, for fair market value without having to follow the auction procedures set forth in §8-12-18(b) of this code;
(4) A lease of real or personal property by negotiation or a sale of real or personal property without an auction as set forth in §8-12-18 of this code, worth in excess of $1,000 and not more than $25,000 in value, for less than fair market value to a nonprofit organization that benefits the citizens of the municipality and such lease or sale has been deemed a public purpose in the ordinance, and provided further when the nonprofit organization ceases to lease the property or benefit the citizens of the municipality that any leased real or personal property revert back to the municipality;
(5) To apply liens, without a court judgement as set forth in §8-12-16 and §8-12-5 of this code, for the true cost of repair, maintenance, including mowing grass and trimming trees or bushes, remediation, or demolition conducted by the municipality against the property when after notice and warnings to the property owner, the property owner failed to take action and the property in the municipality has been determined an eyesore or is a dilapidated property, but not yet a threat to public safety, as determined by the municipality, provided that such liens run with the property and would be redeemable in municipal tax sale or auction of the property;
(6) To raise the maximum age limit for firemen and firewomen to enter or re-enter the field of firefighting that is restricted by §8-15-17(d); and
(7) For any action providing for a contractual or other agreement with another jurisdiction’s governmental entity, a municipality may enter into such an agreement by passage of a resolution, and not an ordinance, by its council as an exception to §8-11-3(10).
(g) The municipalities participating in the Municipal Home Rule Program are limited to passing an ordinance for only the authorized activities in this section, and may not pass an ordinance, act, resolution, rule, or regulation, under the provisions of this section, that is contrary to the following:
(1) Environmental law;
(2) Laws governing bidding on government construction and other contracts;
(3) The Freedom of Information Act;
(4) The Open Governmental Proceedings Act;
(5) Laws governing wages for construction of public improvements;
(6) The provisions of this section;
(7) The provisions of §8-12-5a of this code;
(8) The municipality’s written plan or ordinance;
(9) The Constitution of the United States or the Constitution of the State of West Virginia;
(10) Federal law, including those governing crimes and punishment;
(11) Chapters 60A, 61, and 62 of this code or any other provisions of this code governing state crimes and punishment;
(12) Laws governing pensions or retirement plans;
(13) Laws governing annexation;
(14) Laws governing taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its a municipal business and occupation tax classification: Provided, however, That if a municipality subsequently reinstates or raises the a municipal business and occupation tax classification it previously reduced or eliminated under the Municipal Home Rule Pilot Program or the Municipal Home Rule Program, it shall reduce or eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program or the Municipal Home Rule Program in an amount comparable to the revenue estimated to be generated by the reinstated tax: Provided further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce, and collect the tax required by the provisions of §11-15-1 et seq., §11-15A-1 et seq., and §11-15B-1 et seq. of this code and all applicable provisions of the Streamlined Sales and Use Tax Agreement: And provided further, That the tax does not apply to the sale of motor fuel or motor vehicles;
(15) Laws governing tax increment financing;
(16) Laws governing extraction of natural resources;
(17) Marriage and divorce laws;
(18) Laws governing professional licensing or certification, including the administration and oversight of those laws, by state agencies to the extent required by law; (19) Laws, rules, or regulations governing the enforcement of state building or fire codes;
(20) Federal laws, regulations, or standards that would affect the state’s required compliance or jeopardize federal funding;
(21) Laws or rules governing procurement of architectural and engineering services: Provided, That notwithstanding any other provision of this section to the contrary, the change made in this subdivision applies prospectively and any ordinance enacted by the participating municipalities prior to the effective date of the amendments to this section during the 2019 regular legislative session and pursuant to the Municipal Home Rule Pilot Program remains in effect.
(22) The provisions of chapter 17C of this code; or
(23) Laws, rules, or regulations governing communication technologies or telecommunications carriers, as the term "telecommunications carrier" is defined by the Federal Communications Commission in 47 U.S.C. §153 or as determined by the Public Service Commission of West Virginia.
(24) Laws governing the sale, transfer, possession, use, storage, taxation, registration, licensing, or carrying firearms, ammunition, or accessories thereof.
(25) Laws or rules governing alcohol or gaming regulation or such licensure.
(j) (h) The municipalities participating in the Municipal Home Rule Program may not pass an ordinance, act, resolution, rule, or regulation under the provisions of this section that:
(1) Affects persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Program does not limit a municipality’s powers outside its boundary lines to the extent permitted under other provisions of this section, other sections of this chapter, other chapters of this code, or court decisions;
(2) Enacts an occupation tax, fee, or assessment payable by a nonresident of a municipality; or
(3) Imposes duties on another governmental entity, unless the performance of the duties is part of a legally executed agreement between the municipality and the other governmental entity, or is otherwise permitted by state law;
(k) (j) Municipalities may not prohibit or effectively limit the rental of a property, in whole or in part, or regulate the duration, frequency, or location of such rental, in whole or in part. A municipality may regulate activities that arise when a property is used as a rental: Provided, That such regulation applies uniformly to all properties, without regard to whether such properties are used as a rental: Provided, however, That nothing in this subdivision may be construed to prohibit a municipality from imposing a hotel occupancy tax as prescribed in §7-18-1 et seq. of this code.
(l) A municipality participating in the Municipal Home Rule Program may amend its written plan at any time subject to the requirements of this section.
(m) A municipality participating in the Municipal Home Rule Program may amend any ordinance, act, resolution, rule, or regulation enacted pursuant to the municipality’s approved written plan at any time as long as the amendment is consistent with the municipality’s approved written plan, as modified by any amendments adopted pursuant to this section, complies with the provisions of this section, and the municipality complies with all applicable state law procedures for enacting municipal legislation.
(n) On or before December 1 of each year, each participating municipality shall give a written progress report to the Municipal Home Rule Board, and on or before January 1 of each year, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.
(o) (i) Notwithstanding any other provision of this code to the contrary, a distributee under the provisions of this section may not seek from the Tax Division of the Department of Revenue a refund of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue, nor seek a change in past amounts distributed, or any other retrospective adjustment relating to any amount distributed, to the extent that the moneys in question have been distributed by the Tax Division to another distributee, regardless of whether those distributions were miscalculated, mistaken, erroneous, misdirected, or otherwise inaccurate or incorrect. For purposes of this section, the term "distributee" means any municipality that has enacted a sales and use tax under this section or as otherwise permitted by law that receives or is authorized to receive a specific distribution of revenues or moneys collected by, or remitted to, the Tax Division of the Department of Revenue pursuant to this section.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The physician provider fee schedule, as adopted by the single state agency through recommendations by the board, becomes effective on January 1, 1992.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The provider fee schedules as adopted by the single state agency through recommendations by each board become effective on January 1, 1992: Provided, That those fee schedules based upon fees that require prior approval of the health care financing administration are effective on the effective date approved by the health care financing administration: Provided, however, That for those fees subject to an established Medicare upper limit, the effective date is the first day of the month immediately succeeding the date the fees can be raised sufficiently to comply with section ten of this article.
(a) In addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to section twelve of this article, a modification reducing federal adjusted gross income is hereby authorized in the amount of any qualifying contribution to a qualified trust maintained for the benefit of a child with autism by the parent or guardian of a child with autism, up to a maximum of $1,000 per year for individual filers and persons who are married but filing separately, and $2,000 per year for persons who are married and filing jointly, but only to the extent the amount is not allowable as a deduction when arriving at the taxpayer's federal adjusted gross income for the taxable year in which the payment is made. This modification is available regardless of the type of return form filed. The taxpayer may elect to carry forward the modification over a period not to exceed four tax years, beginning in the tax year in which the payment was made: Provided, That the amount of the decreasing modification, in combination with all other decreasing modifications authorized pursuant to this article, shall in no event reduce taxable income below zero. Any unused decreasing modification carryforward amount remaining after the four-year carryforward period is forfeited. The accrued deposits and earnings on the qualified trust account for a child with autism and the subsequent withdrawal of funds from that trust account, made in accordance with the provisions of article sixteen, chapter forty-four of this code, shall not be treated as taxable income to either the trust or the beneficiary. The provisions of this section are effective for taxable years beginning on and after January 1, 2011.
(b) The following definitions apply to this section:
(1) "Autism" means "autism" as that term is defined in section one, article sixteen, chapter forty-four of this code.
(2) "Child with autism" means "child with autism" as that term is defined in section one, article sixteen, chapter forty-four of this code.
(3) "Guardian" means "guardian" as that term is defined in section one, article sixteen, chapter forty-four of this code.
(4) "Parent" means a "parent" as that term is defined in section one, article sixteen, chapter forty-four of this code.
(5) "Qualified trust for a child with autism" means "qualified trust for a child with autism" as that term is defined in section one, article sixteen, chapter forty-four of this code.
(c) If it appears upon audit or otherwise that any person or entity has taken the decreasing modification allowed under this section and was not entitled to take the decreasing modification, or has withdrawn funds from the qualified trust for a child with autism in a way not consistent with the requirements of § 44-16-1 et seq. of this code, then an assessment shall be made and the income tax liability of the taxpayer shall be recomputed disallowing the decreasing modification so taken. Such assessment shall not be barred by any statute of limitations otherwise applicable to the tax imposed pursuant to this article. Amended returns shall be filed for any tax year for which the decreasing modification was improperly taken. Any additional taxes due under this chapter shall be remitted with the amended return or returns filed with the Tax Commissioner, along with interest, as provided in § 11-10-17 and such other penalties and additions to tax as may be applicable pursuant to the provisions of article ten of this chapter.
(d) Married parents who qualify for the modification provided under this section and who file separate state tax returns shall each receive the modification provided in this section in an amount equal to the amount of contributions made by the parents into the trusts, not to exceed $1,000 each.
(e) Joint guardians who qualify for the modification provided under this section and who file separate state tax returns shall each receive the modification provided in this section, in an amount equal to the amount of contributions made by the guardians into the trust, not to exceed $1,000 each.
(f) In the event the parents or guardians of a child with autism, claiming the modification provided under this section, become divorced or legally separated, each party shall be allowed to claim the amount of unused carryforward modification that remains available under this section according to the terms of an agreed property settlement approved by the divorce court which specifically addresses the unused carryforward modification. In the event that no property settlement specifically addressing the unused carryforward modification exists relating to the divorce or legal separation, then any unused carryforward modification remaining at the time of the divorce or legal separation is granted shall be evenly divided between the parties.
(g) The Tax Commissioner may propose rules necessary to carry out the provisions of this section and to provide guidelines and requirements to ensure uniform administrative practices statewide to effect the intent of this section, all in accordance with the provisions of § 29A-3-1 et seq. of this code.
(h) The provisions of this section shall sunset, expire, and be of no force and effect for all tax periods beginning on and after January 1, 2027: Provided, That qualifying contributions to qualified trusts made on or prior to December 31, 2026, by fulfillment of the requirements of §44-16-2 of this code shall qualify for the decreasing modification and carryforward provisions established by this article.
[Repealed.]
[Repealed.]
[Repealed.]
(a) "Bureau" means the Bureau of Senior Services.
(b) "Care management" means the planning, arrangement for and coordination of appropriate community-based, in-home services and alternative living arrangements for the frail elderly, disabled or terminally ill.
(c) "Care services" means housekeeping, personal care, chore, escort/transportation, meals, in-home nursing, day care and/or respite services.
(d) "Commissioner" means the commissioner of the Bureau of Senior Services.
(e) "Community care" means a system of community-based, in-home services and alternative living arrangements which provide a full range of preventive, maintenance and restorative services for the frail elderly, disabled or terminally ill.
(f) "Comprehensive assessment" means the assessment of needs, counseling in the development of a case plan, arrangements for services and on-going monitoring of the frail elderly, disabled or terminally ill.
(g) "Continuum of care" means a system of services which has a primary emphasis on in-home care and community service and which includes services such as nursing, medical, transportation and other health and social services available to an individual in an appropriate setting over an extended period of time.
(h) "Council" means the West Virginia council on aging.
(i) "Disabled" for the purposes of this act means a person who has temporary or permanent impairments which require services within the continuum of care.
(j) (i) "Frail elderly" for the purposes of this act means any person sixty years of age or older, with limitations which restrict the person's ability to perform the normal activities of daily living.
(k) (j) "Senior", "Elderly" or "Aging" means any person sixty years of age or older as defined by the term "older individual" in the Older American's Act of 1965 as amended.
(l) (k) "Sliding fee scale" means a fee for services provided based on an individual client's ability to pay.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
There is hereby created a special revenue account in the State Treasury to be known as the Rare Disease Advisory Council Information Fund into which gifts, grants, and bequests may be received for the use of the advisory council to carry out its duties as specified in §16-5CC-3 of this code. The advisory council has the discretion to expend such moneys in this fund from collections as may be reasonable to carry out the duties of the advisory council as are consistent with the terms of the gifts, grants, or bequests providing those moneys. The presence of funds in this special revenue account does not preclude the Legislature from appropriating such funds as it may deem necessary for the use and mission of the advisory council. As of June 30, 2026, any funds in the Rare Disease Advisory Council Information Fund shall expire to the General Revenue Fund.
[Repealed.]
[Repealed.]
The secretary of the Department of Human Services shall promulgate rules to carry out the provisions of this article. The Governor shall establish an advisory committee consisting of at least five individuals representing: An administrator of a small rural hospital; an administrator of a hospital having a disproportionate share of Medicaid or charity care; a registered professional nurse; a physician licensed in this state; and beneficiaries of the plan or plans. The majority of this advisory committee shall consist of health care providers. The purpose of the advisory committee is to advise and assist in the establishment of reasonable payment methods, schedule or schedules and rates. The advisory committee shall serve without compensation; however, the members thereof are entitled to reimbursement of their expenses. The policies and procedures of the rate schedule process setting forth the methodology for determination of rates, payments and schedules are subject to the legislative rule-making procedures of chapter twenty-nine-a Chapter 29A of this code: Provided, That emergency rules may be utilized: Provided, however, That the actual rates, payments and schedules themselves shall not be subject to chapter twenty-nine-a of this code The secretary of the Department of Human Services may utilize emergency rules. The actual rates, payments, and schedules themselves shall not be subject to Chapter 29A of this code, and may be instituted by the secretary of the Department of Health as warranted.
[Repealed.]
[Repealed.]
As used in this article:
(a) "Director" means the director of the division of health "Commissioner" means the commissioner of the bureau of public health;
(b) "Engineering controls" means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection;
(c) "Facility" means every hospital licensed under the provisions of article five-b of this chapter; every nursing home licensed under the provisions of article five-c of this chapter; every local health department, every home health agency certified by the office of health facility licensure and certification, all hospitals and nursing homes operated by the state or any agency of the state and all hospitals, nursing homes, local health departments and home health agencies which are staffed, in whole or in part, by public employees;
(d) "Health care worker" means any person working in a facility;
(e) "Needleless system" means a device that does not utilize needles for the withdrawal of body fluids after initial venous or arterial access is established, the administration of medication or fluids, or any other procedure involving the potential for an exposure incident;
(f) "Needlestick injury" means the parenteral introduction into the body of a health care worker, during the performance of his or her duties, of blood or other potentially infectious material by a hollow-bore needle or sharp instrument, including, but not limited to, needles, lancets, scalpels and contaminated broken glass; and
(g) "Sharps" means hollow-bore needles or sharp instruments, including, but not limited to, needles, lancets and scalpels.
(a) On or before July 1, 2000, the director shall, with the advice and cooperation of the advisory committee established under this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code requiring facilities, as a condition of licensure certification or operation, to minimize the risk of needlestick and sharps injuries to health care workers. In developing the rules the director shall take into consideration the most recent guidelines of the occupational safety and health administration that relate to prevention of needlestick and sharps injuries.
(b) The commissioner is authorized to promulgate legislative rules, pursuant to Chapter 29A of this code. The rules shall should include, but not be limited to, the following provisions:
(1) A requirement that facilities utilize needleless systems or other engineering controls designed to prevent needlestick or sharps injuries, except in cases where the facility can demonstrate circumstances in which the technology does not promote employee or patient safety or interferes with a medical procedure. Those circumstances shall be specified by the facility and shall include, but not be limited to, circumstances where the technology is medically contraindicated or not more effective than alternative measures used by the facility to prevent exposure incidents: Provided, That no specific device may be mandated;
(2) A requirement that information concerning exposure incidents be recorded in a sharps injury log, to be kept within the facility and reported annually to the director commissioner. Information recorded in the log shall contain, at a minimum:
(A) The date and time of the exposure incident;
(B) The type and brand of sharp involved in the incident; and
(C) A description of the exposure incident which shall at a minimum include:
(i) The job classification of the exposed worker;
(ii) The department or work area where the exposure incident occurred;
(iii) The procedure that the exposed worker was performing at the time of the incident;
(iv) How the incident occurred;
(v) The body part involved in the exposure incident;
(vi) If the sharp had engineered sharps injury protection, whether the protective mechanism was activated and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism, if applicable; and
(vii) Any suggestions by the injured employee as to whether or how protective mechanisms or work practice control could be utilized to prevent such injuries;
(3) A provision for maintaining a list of existing needleless systems and needles and sharps with engineered injury protections. The director commissioner shall make the list available to assist employers in complying with the requirements of the standards adopted in accordance with this article; and
(4) Any additional provisions consistent with the purposes of this article, including, but not limited to, training and educational requirements, measures to increase vaccinations, strategic placement of sharps containers as close to the work area as is practical and increased use of protective equipment.
[Repealed.]
[Repealed.]
Not later than July 1, 2003, the commissioner shall, in consultation with the council created under section six of this article, propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a §29A-3-1 et seq. of this code to do all of the following:
(1) Implement the birth defects information system;
(2) Specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under section two of this article;
(3) Establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(4) Establish standards that are required to be met by persons or government entities that seek access to the system; and
(5) Establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local boards of health and to physicians. The method of distribution must include making the form available on the Internet.
Prior to January 1, three years after the date a birth defects information system is implemented pursuant to this article, and by January 1, of each year after that, the commissioner shall prepare a report regarding the birth defects information system. The council created under section six of this article shall, not later than two years after the date a birth defects information system is implemented, specify the information the commissioner is to include in each report. The commissioner shall file the report with the Governor and the Joint Committee on Government and Finance. The commissioner shall include an update on the birth defects information system in the annual report the commissioner submits pursuant to §5-1-20(a) of this code.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
(a) Vehicular, public transportation, bicycle and pedestrian modes are integral to the transportation system of this state. The Division of Highways may view all transportation improvements as opportunities to improve safety, access and mobility for all travelers.
(b) All transportation projects receiving federal or state funds should strive to improve safety, access and mobility for users of all ages and abilities, defined to include pedestrians, bicyclists, public transportation vehicles and their passengers, motorists, movers of commercial goods, persons with disabilities, older adults and children.
(c) Accommodation of all users should be considered in the planning, design, construction, reconstruction, rehabilitation, maintenance and operations of any state, county or local transportation facilities receiving funds from the Division of Highways. The Division of Highways is encouraged to create a safe, comprehensive, integrated and connected network to accommodate all users in a manner that is suitable to the rural, suburban or urban context.
(d) The Division of Highways is encouraged to use the latest and best design standards as they apply to bicycle, pedestrian, transit and highway facilities, which may include, but are not limited to, the latest editions of:
(1) A Policy on Geometric Design of Highways and Streets, from the American Association of State Highway and Transportation Officials;
(2) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach: An ITE Recommended Practice, from the Institute of Transportation Engineers;
(3) Guide for the Development of Bicycle Facilities, from the American Association of State Highway and Transportation Officials;
(4) Guide for the Planning, Design and Operation of Pedestrian Facilities, from the American Association of State Highway and Transportation Officials;
(5) Public Rights-of-Way Accessibility Guidelines, from the U. S. Access Board; and
(6) Other relevant federal, state or local guidance as appropriate.
(e) The Division of Highways may provide assistance to and coordinate with regional and local agencies in developing and implementing complementary complete streets policies. In the development of projects within municipal boundaries, the Division of Highways and municipality may share expertise in multimodal transportation planning.
(f) The Division of Highways is encouraged to modify its procedures, documents, training systems and performance measures in a timely manner to ensure the needs of all users of the transportation system are included in all phases of the projects. The Division of Highways is encouraged to create an implementation plan, including a schedule and a regional and local government and public outreach plan, in consultation with the advisory board as outlined in section three of this article.
(a) Accommodation of all users of a transportation facility need not be considered in the planning, designing, construction, reconstruction, rehabilitation, maintenance or operations of any state, county or local transportation facilities receiving funds from the Division of Highways if the commissioner determines that:
(1) Use of a transportation facility by pedestrians, bicyclists or other users is prohibited by law;
(2) The cost of new accommodation would be disproportionate to the need or probable use;
(3) There is a demonstrated absence of future need as determined by factors such as current and future land use, current and projected user volumes, population density and crash data;
(4) The time-sensitive or expedited nature of the project would be adversely affected; or
(5) The project has already moved beyond the initial planning stage at the time this article goes into effect.
(b) The commissioner is encouraged to consult local and regional plans and leaders, as appropriate, in assessing exceptions.
(c) Documentation of any granted exceptions may be made publicly available and shared with the advisory board as established in section three of this article.
(a) A Complete Streets Advisory Board to the Division of Highways is established to: The Division of Highways shall:
(1) Provide and facilitate communication, education and advice between the Division of Highways, with counties, municipalities, interest groups, and the public; and
(2) Make recommendations to the Division of Highways, counties, and municipalities for restructuring procedures, updating design guidance, providing educational opportunities to employees, and creating new measures to track the success of multimodal planning and design; and
(3) Submit to the Joint Committee on Government and Finance, through the Division of Highways, an annual report as outlined herein.
(b) The advisory board shall consist of 15 members, designated as follows:
(1) The Commissioner of Highways or his or her designee;
(2) The Secretary of the Department of Transportation or his or her designee;
(3) The Secretary of the Department of Health or his or her designee; and
(4) Twelve members who serve at the will and pleasure of the Governor and appointed by the Governor as follows:
(A) One member who is a licensed engineer with expertise in transportation or civil engineering;
(B) One member representing the American Planning Association;
(C) One member representing a state association of counties;
(D) One member representing state association of municipalities;
(E) One member representing a major regional or local public transportation agency;
(F) One member representing a national association of retired persons;
(G) One member representing an organization interested in the promotion of bicycling;
(H) One member representing an organization interested in the promotion of walking and health;
(I) One member representing an organization representing persons with disabilities;
(J) One member representing an automobile and/or trucking organization; and
(K) Two members of the general public interested in promoting complete streets policies, one representing each congressional district, as determined by the Governor.
(c) The Commissioner of Highways shall serve as the first chair of the board. The board shall meet at least twice a year and at the call of the chair or a majority of the members. The members of the board shall annually elect one of its members to serve as chair after the first year.
(d) The initial terms of appointment for members appointed by the Governor shall be as follows: Three members appointed to a term of one year, three members appointed to a term of two years, three members appointed to a term of three years and four members appointed to a term of four years. Thereafter each member shall be appointed for four years. A member shall serve until his or her successor is appointed. In the case of a vacancy the appointee shall serve the remainder of the unexpired term. Members of the board may succeed themselves and shall serve without compensation. The members appointed by the Governor are entitled to be reimbursed in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration for actual and necessary mileage expenses incurred while attending official meetings of the board.
(e) On December 1, the board shall submit an annual report to the Governor, the Commissioner of Highways and the Joint Committee on Government and Finance on the status of implementation of section one of this article.
(1) The annual report shall include the following information:
In its annual report submitted pursuant to §5-1-20(a) of this code, the Division of Highways shall include:
(A) (1) A summary of actions taken by the Division of Highways in the preceding year to improve the safety, access and mobility of roadways pursuant to section one of this article;
(B) (2) Modifications made to or recommended for protocols, guidance, standards or other requirements to facilitate complete streets implementation;
(C) (3) Status of the development of multimodal performance indicators;
(D) (4) Any information obtained on the use made of bicycle, pedestrian, transit, and highway facilities together with the existing target level of use for these modes, if any;
(E) (5) Available crash statistics by mode, age, road type, and location and other relevant factors; and
(F) (6) Other related information that may be requested by the Governor or Legislature.
(2) The Division of Highways may assist the board in the preparation of the board's annual report.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
(a) There is hereby created a whitewater commission within the Division of Natural Resources. The commission shall consist of the director of the Division of Natural Resources or his or her designee; the director of the Division of Parks and Tourism or his or her designee; three representatives of private river users who have no affiliation with any commercial river enterprise to be appointed by the Governor: Provided, That no more than one representative of the private river users may be from each whitewater zone; and four persons representing four different licensed commercial whitewater outfitters currently operating within the state to be appointed by the Governor. The superintendent of the New River Gorge National Park or his or her designee shall be a nonvoting member of the commission. All appointed members of the commission shall be citizens and residents of West Virginia. Of the four representatives of commercial outfitters, two persons shall represent commercial whitewater outfitters holding or controlling through corporate affiliation or common ownership multiple licenses in West Virginia and two persons shall represent commercial whitewater outfitters in West Virginia who hold only a single license and who have no common ownership or corporate affiliation with another licensee, the director of the Division of Natural Resources shall serve as chairperson of the commission. Of the seven members of the commission first appointed by the Governor, two shall be appointed for a term of one year, two for a term of two years and three for a term of three years. Thereafter, the terms of all appointed members of the commission are for three years. Members shall serve until their successors have been appointed and any vacancy in the office of a member shall be filled by appointment for the unexpired term. Members representing commercial outfitters who have served at least two years on the commission are not eligible for reappointment to a successive term.
(b) The commission The Director has the following powers and duties:
(1) To investigate and study commercial whitewater rafting, outfitting and activities related thereto which take place along the rivers or waters of the state;
(2) To designate any such rivers or waters or any portions thereof as "whitewater zones" for which commercial whitewater rafting, outfitting and activities are to be investigated and studied, and to determine the order and the periods of time within which the investigations and studies are to be conducted. The commission Director shall first investigate and study those whitewater zones which it finds to present serious problems requiring immediate regulation, including, without limitation, safety hazards and problems of overcrowding or environmental misuse;
(3) To restrict, deny or postpone the issuance of licenses to additional commercial whitewater outfitters seeking to operate in areas and portions of rivers and waters in this state designated whitewater zones by action of the director of the Division of Natural Resources as authorized under prior enactment of this section and so designated by the filing of a written notice entered upon the records of the division containing the designation and reasonable description of the whitewater zone.: Provided, That in In consideration of the consolidation occurring among outfitting companies providing rafting services on the Gauley River, the commission Director shall grant one additional whitewater rafting license for the Gauley River on or before July 1, 1999, with preference being given in the selection process to the applicant best satisfying the following criteria: (i) The applicant demonstrates a record of providing commercial rafting and related whitewater services in a safe and lawful manner on the New River and other rivers; (ii) the applicant has continuously engaged for three or more years in the commercial rafting business on the New River and has, or can obtain, the necessary equipment and facilities to support Gauley River operations; (iii) the seniority of the application as measured by the length of time the applicant has sought a Gauley River license with the more senior application given preference; (iv) that the applicant is not affiliated with, operated or owned by an existing Gauley River licensee; (v) that the applicant has no common ownership with an existing Gauley River licensee; and (vi) that the economic benefit represented by the award of a Gauley River license will serve to assist the promotion of tourism and the delivery of outfitting services beyond Fayette and Nicholas counties. In authorizing the issuance of an additional Gauley River license, it is the intention of the Legislature that the commission Director not increase the carrying capacity of a current Gauley River licensee, but that the commission Director promote and maintain competition among licensees by increasing the number of independent outfitters operating on the Gauley;
(4) To commission such studies as are necessary to determine the physical carrying capacity and monitor the levels of use on the New, Gauley, Cheat, Shenandoah and Tygart rivers and how each relates to the overall quality of the rafting experience, the economic impact of rafting, tourism and employment in the state and the safety of the general public: Provided, That if, during a study period, the commission Director deems that overcrowding is not a problem on any whitewater zone on the Cheat, Shenandoah and Tygart rivers, or on the New River upstream of the confluence of the Greenbrier and New rivers and on the Gauley River upstream of the Summersville Dam, then it may issue a license;
(5) Based on the findings of a study of the carrying capacity of a river, to formulate rational criteria for an allocation methodology for the river subject to the study, including, but not limited to, a minimum allocation for each river studied;
(6) To immediately implement a freeze on mandated changes in use allocations for the licenses of existing licensees on moratorium sections of the Gauley and New rivers as defined in subsection (d) (c) of this section. All such licenses shall carry the use allocation in effect on May 2, 1992. The commission Director shall implement allocation methodologies for other rivers as the commission Director, after appropriate study, may deem necessary with all such allocation methodologies implemented by rules promulgated pursuant to chapter twenty-nine-a Chapter 29A of this code;
(7) To determine administrative policies relating to regulation of the whitewater industry and to administer such policies, except that the commission shall delegate to the director of the Division of Natural Resources or his or her designee the authority to administer the day-to-day responsibilities of the commission pursuant to this section and may vest in the director of the Division of Natural Resources or his or her designee the authority to make determinations with respect to which it is not practicable to convene or to poll the commission, within guidelines established by the commission;
(8) To review all contracts or agreements with governmental agencies related to whitewater studies or regulation, and any negotiations related thereto;
(9) To verify reports by outfitters of numbers of river users and guides, to monitor the extent of the crowding conditions on the rivers and to establish a system for reporting the number of river users and guides on each whitewater expedition;
(10) To regulate the issuance, transfer, and renewal of licenses. However, licenses issued to commercial whitewater outfitters or use allocations or other privileges conferred by a license may be transferred, sold, offered as security to financial institutions or otherwise encumbered, upon notice in writing to the commission and the director of the Division of Natural Resources, subject to the following limitations: (i) The commission Director may refuse a transfer upon a finding that there is reasonable cause to believe that the safety of members of the public may be adversely affected by the transfer; and (ii) the commission Director shall require that taxes, workers' compensation and other obligations due the state be paid prior to any transfer;
(11) To collect, for the duration of a study period established in subdivision (4) of this subsection, an annual license fee of $500 for each river on which a commercial whitewater outfitter operates. The annual per river license fee is limited to the Cheat, Gauley, New, Shenandoah and Tygart rivers. The annual license fee for a commercial whitewater outfitter operating on a river not so designated is $500 regardless of the number of rivers operated on. A commercial whitewater outfitter who is operating on a river designated in this subdivision and who has paid the annual per river license fee may not be required to pay an additional annual license fee to operate on a nondesignated river. The commercial whitewater outfitter license shall be issued by the commission Director and is for a period of ten years: Provided, That an outfitter pays the required annual license fee. If an outfitter fails to pay the license fee, then the license shall be suspended until the license fee is paid. Licenses are subject to the bonding provisions set forth in section twenty-three-d of this article §20-1-23d of this code, and the revocation provisions set forth in the rules promulgated by the director of the Division of Natural Resources. License fees shall be used by the Division of Natural Resources for the purpose of enforcing and administering the provisions of this section;
(12) To establish a special study and improvement fee to be paid by outfitters and to establish procedures for the collection and enforcement of the special study and improvement fee;
(13) To establish a procedure for hearings on violations of this section and rules promulgated thereunder and to establish civil penalties for violations of this section and rules promulgated thereunder; and
(14) To approve rules promulgated by the director of the Division of Natural Resources promulgate rules pursuant to chapter twenty-nine-a Chapter 29A of this code, with respect to commercial whitewater outfitters operating upon the waters of the state, whether or not such waters have been designated whitewater zones, which relate to: (i) Minimum safety requirements for equipment; (ii) standards for the size of rafts and number of persons which may be transported in any one raft; (iii) qualifications of commercial whitewater guides; and with respect to waters designated whitewater zones; (iv) standards for the number of rafts and number of persons transported in rafts; and
(15) To consult with industry experts and business owners to obtain advice and guidance relating to commercial whitewater rafting and outfitters.
(c) The commission shall meet upon the call of the chairperson or a majority of the members of the commission. However, the commission shall meet at least quarterly and shall conduct business when a majority of the members are present. At the meetings, the commission shall review all data, materials and relevant findings compiled relating to any investigation and study then under consideration and, as soon as practicable thereafter, the commission may recommend rules to govern and apply to the designated whitewater zone(s). The commission may meet at its discretion for the purpose of considering and adjusting allocations and review fees and proposed expenditures. A budget shall be approved for each fiscal year for the expenditure of funds subject to the commission's control. The commission may not limit the number of commercial whitewater outfitters operating on rivers not designated as whitewater zones, nor may the commission limit the number of rafts or total number of persons transported in rafts by commercial whitewater outfitters on rivers not designated as whitewater zones. Commission members shall be reimbursed all reasonable and necessary expenses incurred in the exercise of their duties.
(d) (b) Special provisions for the New River and the Gauley River:
(1) After the issuance of the Gauley River rafting license provided for in subdivision (3), subsection (b) of this section, a moratorium shall be imposed by the commission Director upon the issuance of additional commercial rafting licenses on whitewater zones of the New River between the confluence of the Greenbrier and New rivers and the confluence of the New and Gauley rivers and upon whitewater zones of the Gauley River from the Summersville Dam to the confluence of the New and Gauley rivers. The moratorium hereby imposed shall continue until such time as the commission Director is authorized by the Legislature to discontinue the moratorium.
(2) For the portions of the Gauley and New rivers subject to the moratorium imposed by this section, the minimum use allocation conferred by a license is one hundred twenty 120 for each designated section of a whitewater zone on the Gauley and one hundred fifty 150 for each designated section of a whitewater zone on the New River. A licensee who held a use allocation on May 2, 1992, with a use allocation greater than the minimum allocation established in this subdivision shall retain such use allocation on each designated section of a whitewater zone on the moratorium portions of the New and Gauley rivers subject only to the sale, loss or forfeiture of the license or to a subsequent action of the commission Director imposing a reduction in use allocations pursuant to subdivision (4) of this subsection. The commission Director is authorized to increase or decrease minimum use allocations for the moratorium sections of the New and Gauley rivers only in accordance with the provisions of subdivisions (4) and (5) of this subsection. The commission Director may permit additional allocations or licenses for whitewater outfitters which are nonprofit entities operating upon the waters of the state upon the effective date of this section. Except as provided in subdivision (4), subsection (d) of this section, nothing in this section shall be deemed to require the reduction of a use allocation granted under an existing license or to prohibit a commercial whitewater outfitter from acquiring a license with a use allocation in excess of the minimum allocations hereby established.: Provided, That However, if a licensee has sold, leased or assigned his or her license, or sold or leased a portion of the use allocation under his or her license, nothing herein shall be deemed to have the effect of increasing the use allocation assigned to such license.
(3) The commission Director may permit peak-day variances from license limitations not exceeding ten 10 percent of the use allocation granted under a license. The commission Director may permit off-peak-day variances from license limitations not exceeding twenty-five 25 percent of the use allocation granted under a license.
(4) If, as result of a study employing the limits of acceptable change process, the whitewater commission Director acts to reduce the aggregate maximum daily use limit for all commercial rafting licenses on a section of the New River or Gauley River subject to the license moratorium, the reduction shall be distributed on a prorata basis among all licenses granted for the section in proportion to an individual license's relative share of the total use allocation for such river section.
(5) If the limits of acceptable change process results in an increase in the aggregate maximum daily use limit for all commercial rafting licenses on any section of the New River or Gauley River subject to a moratorium on new licenses, such increase shall be divided by the total number of commercial rafting licenses issued for the relevant section of river and the minimum use allocation for each such license shall be increased by the nearest whole number resulting from the division.
(6) If any party contracts to purchase a license containing a use allocation for a moratorium section of the New River or the Gauley River, or if a licensee has obtained, or in the future shall obtain additional use allocations for a moratorium section by lease or purchase from another licensee, the commission Director shall permit the transfer of such license rights in accordance with the provisions of subdivision (10), subsection (b) of this section. Unless the owners of a license otherwise agree, when two or more licensees share ownership or control of the use allocation assigned to a license, any increase or decrease in use allocations which results from an action of the commission Director under subdivisions (4) and (5) of this subsection shall be distributed by the commission Director between such owners in proportion to their ownership or control of the use allocation assigned to such license.
(e) (c) In the event the commission Director determines through an appropriate study and the limits of acceptable change process that a whitewater zone or a designated section of a whitewater zone on waters other than the moratorium sections of the New and Gauley rivers requires implementation of use allocations, all whitewater rafting licenses issued for such zone or section thereof shall be given the same use allocation.
(f) (d) Violation of this section or any rule promulgated pursuant to this section constitutes a misdemeanor punishable by the penalties set forth in section twenty-three-d of this article §20-2-23d of this code.
(g) (e) The director of the Division of Natural Resources shall promulgate, pursuant to the provisions of chapter twenty-nine-a Chapter 29A of this code, all rules necessary to effectuate the purposes of this section and these rules must be approved by the commission. The Division of Natural Resources shall enforce the provisions of this section and rules promulgated pursuant to this section, and shall provide necessary staff and support services to the commission to effectuate the purposes of this section.
(h) (f) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective pursuant to any prior enactments of this section by the Governor, the secretary of the Department of Commerce, labor and environmental resources, the director of the Division of Natural Resources, the whitewater advisory board or by a court of competent jurisdiction, and which are in effect on the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked by the Governor, secretary, or director or commission pursuant to this section, by a court of competent jurisdiction, or by operation of law.
(a) There is hereby created continued in the State Treasury a special revenue account, which shall be an appropriated, interest-bearing account, designated as the whitewater study and improvement fund. All proceeds from this fund shall be used exclusively for the purposes of the administration, regulation, promotion and study of the whitewater industry.
(b) The special study and assessment fee collected by the commission Director pursuant to the provisions of section twenty-three-a of this article §20-2-23a of this code shall be deposited, within fifteen 15 days after receipt, to the whitewater study and improvement fund and dedicated to the purposes of this section.
(a) Immediately upon the issuance of a whitewater outfitter's license and before any whitewater outfitter's services are offered or rendered thereunder, the licensee shall execute a surety bond in the penal sum of $1,000 payable to the State of West Virginia and conditioned upon the faithful and reliable discharge of his or her services under and pursuant to the license. The bond shall be approved as to form by the Attorney General and as to surety by the director, and when so executed and approved, shall be filed in the office of the director of the Division of Natural Resources. The bond shall be for the life of the license.
(b) The whitewater commission Director is hereby authorized to revoke and cancel any whitewater outfitter's license for failure of the licensee to give the bond required by this section, for a licensee's violation or disregard of any of the provisions of this chapter, upon a licensee's conviction of a crime, or for any other reason or cause justifying refusal of the whitewater outfitter's license to the licensee upon a new application therefor. The commission Director shall afford a licensee an opportunity to be heard upon the revocation and cancellation of the license.
(c) No person shall act or serve as a whitewater outfitter, as defined in this article, without procuring and having on his or her person at the time a valid whitewater outfitter's license from the commission Director authorizing them to do so.
(d) Any person who violates any of the provisions of this section or of section twenty-three-a of this article §20-2-23a of this code, or any rule promulgated by the director of the Division of Natural Resources or who misrepresents any material fact in an application, record, report or other document filed or required to be maintained under the provisions of this article, or any rules promulgated hereunder by the director of the Division of Natural Resources, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500 per violation not to exceed a total penalty of $7,500 or by imprisonment in the county jail not exceeding six months, or both fined and imprisoned.
Other provisions of this article notwithstanding, the implementation of an allocation methodology for the nonmoratorium whitewater zones of the New, Gauley, Cheat, Shenandoah and Tygart rivers, shall be made based upon criteria identified in existing or future studies of carrying capacity, the overall economic impact on the state and the safety of the general public as identified in section twenty-three-a of this article §20-2-23a of this code, and shall be implemented at such time as the commission Director deems appropriate, by rules promulgated pursuant to chapter twenty-nine-a Chapter 29A of this code. In determining whether to increase or decrease existing use allocations on the portions of the New and Gauley rivers subjected to a moratorium on new licenses by this article, the commission Director may continue existing studies and undertake new studies of the carrying capacity of whitewater zones, the quality of the rafting experience, the economic impact of rafting and the safety of the general public.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
The commission, or the Department of Human Services on behalf of the commission, may accept gifts, grants and bequests of funds from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions; make and sign any agreements and do and perform any acts that may be necessary to carry out the purposes of this article. As of June 30, 2026, any funds retained by the Women’s Commission shall expire to the General Revenue Fund.
[Repealed.]
[Repealed.]
As used in this article, the term:
(a) "Board" means the technology-related assistance revolving loan fund for individuals with disabilities board. "Division" means the Division of Rehabilitation Services, as created in §18-10A-2 of this code.
(b) "Individual with disability" means any individual, of any age who, for the purposes of state or federal law, is considered to have a disability or handicap, injuries and chronic health conditions, whether congenital or acquired; and who is or would be enabled by technology-related devices or technology-related services to maintain or improve his or her ability to function in society and the workplace.
(c) "Qualifying borrower" means any individual with disabilities and their family members, guardians, authorized representatives or nonprofit entity who demonstrates that such a loan will improve their independence or become more productive members of the community. The individual must demonstrate credit worthiness and repayment abilities to the satisfaction of the board. No more than twenty percent of all loan funds are to be provided to nonprofit entities in a single year.
(d) "Technology-related assistance" means either the provision of technology-related devices or technology-related services to improve the independence, quality of life or productive involvement in the community of individuals with disabilities.
(e) "Technology-related device" means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities.
(f) "Technology-related service" means any service that directly assists an individual with a disability in the selection, acquisition or use of a technology-related device, including:
(1) The evaluation of the needs of an individual with a disability, including a functional evaluation in the individual's customary environment;
(2) Purchasing, leasing or otherwise providing for the acquisition of technology-related devices by individuals with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing technology-related devices;
(4) Coordinating and using other therapies, interventions or services with technology-related devices, such as those associated with existing education and rehabilitation plans and programs; and
(5) Training or technical assistance for individuals or the family of an individual with disabilities.
(g) "Revolving loan fund" means the technology-related assistance revolving loan fund for individuals with disabilities established in this article.
(h) "Consumer" means individuals with disabilities and, when appropriate, their family members, guardians, advocates or authorized representatives.
[Repealed.]
[Repealed.]
(a) The board Division has the following powers, duties, and responsibilities:
(1) Meet at such times (minimum of four times each fiscal year) and at places as it determines necessary or convenient to perform its duties. The board shall also meet on the call of the chairperson or Secretary of Commerce;
(2) Maintain written minutes of its meetings;
(3) Propose rules for legislative promulgation in accordance with §29A-3-1 et seq. of this code for the transaction of its business and to carry out the purposes of this article. The rules shall include: (A) Guidelines, procedures, reporting requirements, accountability measures and such other criteria as the board deems appropriate and necessary to fulfill its governance responsibility under this article if it elects to contract with a nonprofit, consumer-driven organization to carry out the purposes of this article; (B) an appeals process with regard to the administration of the fund; and (C) rules governing the operation of the fund, including, but not limited to, eligibility of receipt of funds and all other matters consistent with and necessary to accomplishing the purpose of this fund;
(4) Employ personnel on a full-time, part-time or contracted basis. Board personnel may be members of the state civil service system. Participating agencies shall make staff support and resources available to the board whenever practicable at the discretion of the agencies. The compensation of personnel shall be paid from moneys in the revolving loan fund;
(5) (2) Receive, administer and disburse funds to support purposes established by this article and contract with nonprofit, consumer-based groups dealing with individuals with disabilities to assist in administering programs established by this article;
(6) (3) Maintain detailed records of all expenditures of the board fund, funds received as gifts and donations and disbursements made from the revolving loan fund;
(7) (4) Submit to the Secretary of the Department of Commerce and the Legislature annually a summary report concerning programmatic and financial status of the revolving loan fund, which report shall be included in the Division’s annual report, as required by §5-1-20(a) of this code;
(8) (5) Develop and implement a comprehensive set of financial standards to ensure the integrity and accountability of all funds received as well as loan funds disbursed; and
(9) (6) Conform to the standards and requirements prescribed by the State Auditor.
(b) Subject to available funds, the board Division shall enter into loan agreements with any qualifying borrower, who demonstrates that:
(1) The loan will assist one or more individuals with disabilities in improving their independence, productivity and full participation in the community; and
(2) The applicant has the ability to repay the loan. Any necessary loan limitation shall be determined by the board Division. All loans must be repaid within such terms and at such interest rates as the board Division may determine to be appropriate. However, no loan may extend beyond sixty months from date of award and may be paid off anytime without prepayment penalty. The board Division shall determine the interest rate to be charged on loans made pursuant to this article, but in no event may the interest rate on any such loans be less than four or more than twenty-one 21 percent per annum.
(c) The board Division may authorize loans up to ninety 90 percent of the cost of an item or items.
(d) The board Division may award loans to qualifying borrowers for purposes, including, but not limited to, the following:
(1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology-related devices; and
(2) To assist one or more individuals with disabilities to become more independent members of the community and improve such individuals quality of life within the community through the purchase of technology-related devices.
(e) If there is a failure of the borrower to repay the loan balance due and owing, the board Division shall seek to recover the loan balance by such legal or administrative action available to it. Persons or representatives of persons who default on a loan are not eligible for a new loan. The board Division shall retain ownership of all property, equipment, or devices until the borrower’s loan is paid in full.
(f) A new loan may not be issued to, or on behalf of, a disabled person if a previous loan made to, or on behalf of, such person remains unpaid.
(g) The board Division may charge a fee for loan applications and processing. All funds generated by fee charges shall be directly placed into the revolving loan fund to off-set the costs of application processing.
(h) The board Division may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this article shall be deposited in the revolving loan fund to be disbursed as other moneys in the revolving loan fund.
The technology-related assistance revolving loan fund for individuals with disabilities is hereby created in the State Treasury to be expended by the board Division in accordance with the provisions of and for the purposes of this article. Upon the effective date of this section, any funds remaining in the technology-related assistance revolving loan fund for individuals with disabilities created by chapter two hundred forty-seven Chapter 247, acts of the Legislature, regular session, one thousand nine hundred ninety-six 1996, which is hereby abolished, shall be deposited into the fund created by this section. Nothing contained herein may be construed to require any level of funding by the Legislature.
The board Division shall deposit all amounts paid, appropriated, granted or donated to it, including interest accrued on loan balances, fees charged and funds received in repayment of loans, in the revolving loan fund.
The moneys in the revolving loan fund shall be used only for the following purposes:
(a) Implementing revolving loan program for technology-related devices;
(b) Providing technology-related devices to individuals with severe disabilities who meet economic criteria established by the board Division;
(c) Providing support for technology-related assistance;
(d) Providing technology-related and disability prevention education and research;
(e) Disseminating public information;
(f) Conducting program evaluation and needs assessment;
(g) Operating the board Division and other administrative and personnel costs;
(h) Conducting research and demonstration projects, including new and future uses of technology-related services; and
(i) Developing a strategic plan.
Administrative costs are not to exceed ten 10 percent of the revolving loan fund's yearly budget.
All unexpended moneys contained in this fund at the end of the fiscal year shall be carried forward from year to year.
The provisions of this section shall sunset, expire, and be of no force and effect on or after January 1, 2027: Provided, That qualifying trusts established and having received qualifying contributions on or prior to December 31, 2026, by fulfillment of the requirements of this article, shall continue to qualify for the benefits established in § 11-21-12i of this code.
[Repealed.]
NOTE: The purpose of this bill is reform of state board and commissions system by eliminating unnecessary, expired, or outdated board, shifting essential functions of several boards or commissions to various agencies or entities, reducing the number of members on several continuing boards and commissions, modifying or eliminating several reports of various boards or commissions, and technical cleanup throughout.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.