H. B. 2881
(By Delegates Douglas, Collins, Tucker, Prunty, Claypole,
Stalnaker and Capito)
[Originating in the Committee on Government Organization]
[April 1, 1997]
A BILL to amend and reenact sections three, four, five and
twelve, article ten, chapter four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto four new
sections, designated sections four-a, five-a, ten-a and
eleven-a, all relating to changing termination dates for
agencies pursuant to the West Virginia sunset law; defining
compliance monitoring and further inquiry update; changing
termination dates of agencies following full performance
evaluations, preliminary performance reviews and compliance
monitoring and further inquiry updates; specifying duties of
joint committee on government operations in conducting
compliance monitoring and further inquiry updates; and
changing one type of recommendation that may be made by the
joint committee on government operations in its annual
report.
Be it enacted by the Legislature of West Virginia:
That sections three, four, five and twelve, article ten,
chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto four new
sections, designated sections four-a, five-a, ten-a and eleven-a;
all to read as follows:
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-3. Definitions.
As used in this article, unless the context clearly
indicates a different meaning:
(1) "Agency" means any bureau, department, division,
commission, agency, committee, office, board, authority,
subdivision, program, council, advisory body, cabinet, panel,
system, task force, fund, compact, institution, survey, position,
coalition or other entity, however designated, in the state of
West Virginia.
(2) "Committee" means the joint committee on government
operations, hereinafter continued, to perform duties under this
article.
(3) "Full performance evaluation" means to determine for
an agency whether or not the agency is operating in an efficient
and effective manner and to determine whether or not there is a
demonstrable need for the continuation of the agency, pursuant to
the provisions of section ten of this article. References in
this code to performance audit or full performance audit shall be
taken as and shall mean full performance evaluation.
(4) "Preliminary performance review" means to determine
for an agency whether or not the agency is performing in an
efficient and effective manner and to determine whether or not
there is a demonstrable need for the continuation of the agency
pursuant to the provisions of section eleven of this article.
(5) "Compliance monitoring and further inquiry update" means to determine for an agency whether or not the agency has
complied with recommendations contained in a completed full
performance evaluation or a completed preliminary performance
review conducted pursuant to this article and that further
inquiry into the operation of the agency may be conducted
pursuant to the provisions of sections ten-a and eleven-a of this
article.
§4-10-4. Termination of agencies following full performance
evaluations.
The following agencies shall be terminated on the date
indicated, but no agency may be terminated under this section
unless a full performance evaluation has been conducted upon such
agency:
(1) On the first day of July, one thousand nine hundred
ninety-seven ninety-eight:
Division of personnel; division of
environmental protection; division of rehabilitation services;
workers' Workers' compensation; office of judges of workers'
compensation; department of health and human resources;
school
building authority; tourism functions within the West Virginia
development office; purchasing division within the department of
administration; West Virginia parkways, economic development and
tourism authority
; division of culture and history.
(2) On the first day of July, one thousand nine hundred
ninety-nine: Division of environmental protection.
(2) On the first day of July, two thousand one: Division of
natural resources.
(3)On the first day of July, two thousand: Division of
corrections
; school building authority.
(4) On the first day of July, two thousand one: Division of natural resources.
(4) (5) On the first day of July, two thousand two: Division
of highways; division of labor.
(6) On the first day of July, two thousand three: Division
of culture and history.
§4-10-4a. Termination of agencies previously subject to full
performance evaluations following compliance
monitoring and further inquiry updates.
The following agencies shall be terminated on the date
indicated, but no agency may be terminated under this section
unless a compliance monitoring and further inquiry update has
been completed on the agency subsequent to the prior completion
of a full performance evaluation:
(1) On the first day of July, one thousand nine hundred
ninety-eight: dDivision of personnel; division of rehabilitation
services.
(2) On the first day of July, one thousand nine hundred
ninety-nine: tTourism functions within the West Virginia
development office.
§4-10-5. Termination of agencies following preliminary
performance reviews.
The following agencies shall be terminated on the date
indicated, but no agency may be terminated under this section
unless a preliminary performance review has been conducted upon
such agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile facilities review panel.
(2) On the first day of July, one thousand nine hundred ninety-seven:
Board of investments; state building commission;
parks section and parks functions of the division of natural
resources; emergency medical services advisory council; office of
water resources of the division of environmental protection; West
Virginia state police; office of environmental advocate of the
division of environmental protection; human rights commission;
board of examiners in counseling; driver's licensing advisory
board; West Virginia health care cost review authority;
governor's cabinet on children and families; oil Oil and gas
conservation commission;
child support enforcement division; West
Virginia commission for national and community service; West
Virginia contractors' licensing board; cable television advisory
board; public employees insurance agency advisory board.
(3) On the first day of July, one thousand nine hundred
ninety-eight: Women's commission; state lottery commission; meat
inspection program of the department of agriculture; soil
conservation committee of the department of agriculture; state
board of risk and insurance management; board of examiners of
land surveyors; commission on uniform state laws;
council of
finance and administration; West Virginia's membership in the
interstate commission on the Potomac River Basin;
legislative
oversight commission on education accountability; forest
management review commission; family law masters system; board of
examiners in speech pathology and audiology; board of social work
examiners;
child support enforcement division; West Virginia
lending and credit rate board; public defender services.
(4) On the first day of July, one thousand nine hundred
ninety-nine: Public service commission; tree fruit industry self
improvement assessment program; capitol building commission; board of banking and financial institutions;
state building
commission; West Virginia state police.
(5) On the first day of July, two thousand: Family
protection services board; environmental quality board; West
Virginia's membership in the Ohio river valley water sanitation
commission; ethics commission; oil and gas inspector's examining
board; veterans' council; West Virginia's membership in the
southern regional education board
; board of respiratory care
practitioners; board of examiners in counseling; educational
broadcasting authority; West Virginia state rail authority.
(6) On the first day of July, two thousand one: Real estate
commission; marketing and development division of the department
of agriculture; board of architects; public employees insurance
agency; public employees insurance agency finance board; center
for professional development; rural health advisory panel.
(7) On the first day of July, two thousand two: Whitewater
commission within the division of natural resources; state geological and economic survey; unemployment compensation
; West
Virginia contractors' licensing board.
(8) On the first day of July, two thousand three: Driver's
licensing advisory board; West Virginia commission for national
and community service.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following compliance monitoring
and further inquiry updates.
The following agencies shall be terminated on the date
indicated, but no agency may be terminated under this section
unless a compliance monitoring and further inquiry update has
been completed on the agency subsequent to the prior completion
of a preliminary performance review:
(1) On the first day of July, one thousand nine hundred
ninety-eight: Board of investments; emergency medical services
advisory council; human rights commission; West Virginia cable
television advisory board; parks section and parks functions of
the division of natural resources.
(2) On the first day of July, one thousand nine hundred
ninety-nine: Office of water resources of the division of
environmental protection; office of environmental advocate of the
division of environmental protection; governor's cabinet on
children and families; West Virginia health care cost review authority.
§4-10-10a. Compliance monitoring and further inquiry updates of
agencies by the committee subsequent to a completed full
performance evaluation.
It shall be the duty of the committee to conduct a
compliance monitoring and further inquiry update of every agency
scheduled for termination under section four-a of this article.
In conducting such compliance monitoring and further inquiry
update, the committee shall determine to what extent the agency
has complied with recommendations contained in the completed full
performance evaluation. The committee may direct that further
inquiry into the operation of the agency be undertaken as part of
the compliance monitoring and further inquiry update.
§4-10-11a. Compliance monitoring and further inquiry updates of
agencies by the committee subsequent to a completed preliminary
performance review.
It shall be the duty of the committee to conduct a
compliance monitoring and further inquiry update of every agency
scheduled for termination under section five-a of this article.
In conducting such compliance monitoring and further inquiry
update, the committee shall determine to what extent the agency
has complied with recommendations contained in the completed
preliminary performance review. The committee may direct that further inquiry into the operation of the agency be undertaken as
part of the compliance monitoring and further inquiry update.
§4-10-12. Annual report by the committee.
The committee shall complete its deliberations with respect
to agencies scheduled for termination and make an annual report
thereon to the Legislature not later than ten days after the
Legislature convenes in regular session in the year of the
scheduled termination for the agency:
Provided, That any such
annual report required in the year one thousand nine hundred
ninety-seven, and every fourth year thereafter, shall be made not
later than ten days after the Legislature convenes on the second
Wednesday in February. The annual report shall consist of an
analysis of the agency including matters as are expressly
mandated to be considered by the committee as set forth in this
article, together with the recommendations of the committee. The
committee shall make one of five recommendations: (1) The
agency be terminated as scheduled; (2) the agency be continued
and reestablished; (3) the agency be continued and
reestablished,
but and the statutes governing it be amended in
specific ways to correct ineffective or discriminatory practices
and procedures, burdensome rules and regulations, lack of
protection of the public interest, overlapping of jurisdiction
with other agencies, unwarranted exercise of authority either in law or in fact or any other deficiencies; (4) a full performance
evaluation be performed on an agency on which a preliminary
review has been completed; or (5) the agency be continued for a
period of time not to exceed one year for the purpose of
completing a
full performance evaluation, preliminary performance
review, or for monitoring the agency's compliance with
recommendations contained in the completed full performance
evaluation or preliminary performance review compliance
monitoring and further inquiry update.
In the event the committee makes recommendations concerning
the continuation or reestablishment of agencies pursuant to this
article, the annual report shall include draft bills effectuating
the recommendations.
Copies of the annual reports shall be made available to all
members of the Legislature, to the agency that is the subject of
the report and to the public generally. A copy of the annual
report shall be formally filed immediately by the committee with
the clerk of each house.
NOTE: The purpose of this bill is to
formally recognize
updates as two distinct types of performance reviews, continue
thirty-two government entities, remove three legislative entities
from the review process and add five new entities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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