ENROLLED
H. B. 3035
(By Delegates Douglas, Collins,
Prunty, H. White, Hatfield,
Stalnaker and Willison)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact sections four, four-a, five and five- a, 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 a new section,
designated section six-a, relating to providing for the
deposition of property of a terminated agency and changing
agency termination dates pursuant to the West Virginia
sunset law.
Be it enacted by the Legislature of West Virginia:
That sections four, four-a, five and five-a, 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 a new
section, designated section six-a, all to read as follows:
§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, two thousand: Division of
corrections; division of environmental protection; workers'
compensation; department of health and human resources;
department of tax and revenue.
(2) On the first day of July, two thousand one: division of
natural resources; purchasing division within the department of
administration; division of motor vehicles.
(3) On the first day of July, two thousand two: Division of
highways; division of labor.
(4) On the first day of July, two thousand three: Division
of culture and history; school building authority.
(5) On the first day of July, two thousand four: Division
of personnel; division of rehabilitation services.
(6) On the first day of July, two thousand five: Parkways,
economic development and tourism authority; tourism functions
within the development office.
§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:
On the first day of July, two thousand: office of judges of
workers' compensation.
§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: Public employees insurance agency advisory board;
cable television advisory board.
(3) On the first day of July, one thousand nine hundred
ninety-nine: Tree fruit industry self improvement assessment
program.
(4) On the first day of July, two thousand: Family
protection services board; environmental quality board; West
Virginia's membership in the Ohio River valley water sanitation
commission; oil and gas inspector's examining board; board of
examiners in counseling; West Virginia state rail authority;
state police; terms of family law master and the family law
master system; stream partners program within the division of
natural resources; advisory council to the state medicaid agency; soil conservation committee of the department of agriculture;
board of medicine.
(5) 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; oil
and gas conservation commission; state fire commission; office of
water resources of the division of environmental protection;
motorcycle safety and education committee.
(6) 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 contractor licensing board; women's commission; parks
section and parks functions of the division of natural resources;
ethics commission; veterans' council; educational broadcasting
authority; board of respiratory care practitioners; division of
protective services; office of explosives and blasting; office of
coalfield community development.
(7) On the first day of July, two thousand three: Driver's
licensing advisory board; West Virginia commission for national
and community service; West Virginia's membership in the southern
regional education board.
(8) On the first day of July, two thousand four: Meat
inspection program of the department of agriculture; state board
of risk and insurance management; board of examiners of land surveyors; interstate commission on uniform state laws; design- build board; interstate commission on the Potomac River basin.
(9) On the first day of July, two thousand five: Board of
banking and financial institutions; board of social work
examiners; lending and credit rate board; governor's cabinet on
children and families; health care authority; emergency medical
services advisory council.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following
compliancemonitoring 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, two thousand: Child support
enforcement division; state building commission; board of
examiners in speech pathology and audiology; public defender
services; racing commission; West Virginia commission for the
deaf and hard of hearing; office of environmental advocate of the
division of environmental protection; investment management
board.
(2) On the first day of July, two thousand one: State
lottery commission; public service commission; human rights
commission.
(3) On the first day of July, two thousand two: Capitol building commission.
§4-10-6a. Disposition of agency assets, equipment, and records
after final termination.
Upon final termination pursuant to section six of this
article and on or before the thirtieth day of June of the final
year of the entity, the terminated entity shall file a report
describing the disposition of assets and records with the
secretary of the department of administration and the legislative
auditor's performance evaluation and research division. The
legislative auditor's performance evaluation and research
division shall report to the joint committee on government
operations the results of its review of the disposition of
furniture, computers and other office equipment, program and
personnel records and revenue of the agency. Furniture, computers
and other office equipment of a terminated agency shall either be
transferred to: (1) The secretary or commissioner of the
department or bureau to which the agency is a part; or (2) the
state agency for surplus property in the department of
administration. All program and fiscal records shall be deposited
with the division of administration and support services of the
department of administration. The terminated agency's personnel
records shall be accepted and stored by the division of personnel, without regard to civil service coverage of the
employees of the terminated agency.
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