HB 4850 Text

H. B. 4850

(By Delegates Beane, Ennis and Frich)
[Originating in the
Committee on Government Organization.]

(February 23, 2006)

A BILL to amend and reenact §30-1A-2 and §30-1A-3 of the code of West Virginia, 1931, as amended, relating to expediting the sunrise application process.

Be it enacted by the Legislature of West Virginia:
That §30-1A-2 and §30-1A-3 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
CHAPTER 30. PROFESSIONS & OCCUPATIONS

ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS

AND PROFESSIONS.

§30-1A-2. Required application for regulation of professional or occupational group.

(a) Any professional or occupational group or organization, any individual or any other interested party which proposes the regulation of any unregulated professional or occupational group shall submit an application for regulation to the joint standing committee on government organization. ~~no later than the first day of December of any year.~~ The joint standing committee on government organization may only accept an application for regulation of a professional or occupational group when the party submitting an application files with the committee a statement of support for the proposed regulation which has been signed by at least ten residents or citizens of the state of West Virginia who are members of the professional or occupational group for which regulation is being sought.
(b) The completed application shall contain:
(1) A description of the occupational or professional group proposed for regulation, including a list of associations, organizations and other groups currently representing the practitioners in this state, and an estimate of the number of practitioners in each group;
(2) A definition of the problem and the reasons why regulation is deemed necessary;
(3) The reasons why certification, registration, licensure or other type of regulation is being requested and why that regulatory alternative was chosen;
(4) A detailed statement of the fee structure conforming with the statutory requirements of financial autonomy as set out in subsection (c), section six, article one, chapter thirty of this code;
(5) A detailed statement of the location and manner in which the group plans to maintain records which are accessible to the public as set out in section twelve, article one, chapter thirty of this code;
(6) The benefit to the public that would result from the proposed regulation; and
(7) The cost of the proposed regulation.
§30-1A-3. Analysis and evaluation of application.
(a) The joint committee on government organization shall refer the completed application of the professional or occupational group to the performance evaluation and research division of the office of the legislative auditor.
(b) The performance evaluation and research division of the office of the legislative auditor shall conduct an analysis and evaluation of the application. The analysis and evaluation shall be based upon the criteria listed in subsection (c) of this section. The performance evaluation and research division of the office of the legislative auditor shall submit a report, and such supporting materials as may be required, to the joint standing committee on government organization. ~~no later than the first day of July following the date the proposal is submitted to the joint standing committee on government organization.~~ Applications received on or before the first day of June of any year will be reported on or before the first day of December of that year. Applications received on or before the first day of December will be reported on or before the first day of June of the following year.
(c) The report shall include evaluation and analysis as to:
(1) Whether the unregulated practice of the occupation or profession clearly harms or endangers the health, safety or welfare of the public, and whether the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(2) Whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence; and
(3) Whether the public can be adequately protected by other means in a more cost-effective manner.

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