Senate Bill No. 518
(By Senator Wiedebusch)
____________
[Introduced March 24, 1997; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section one, article two, chapter
five-f of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
section two-a, article seven, chapter six of said code; to
amend and reenact section three, article two-a, chapter
seventeen of said code; and to amend and reenact section
three, article sixteen-a of said chapter, all relating to
separating the division of highways and the West Virginia
parkways, economic development and tourism authority from
the department of transportation and making each a separate
entity; and providing a salary increase to the commissioner
of highways.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section two-a, article seven,
chapter six of said code be amended and reenacted; that section
three, article two-a, chapter seventeen be amended and reenacted;
and that section three, article sixteen-a of said chapter be
amended and reenacted, all to read as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of administration:
(1) Building commission provided for in article six, chapter
five of this code;
(2) Public employees insurance agency and public employees
insurance agency advisory board provided for in article sixteen,
chapter five of this code;
(3) Council of finance and administration provided for in
article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in
article five, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article
one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided
for in article twenty-nine, chapter eighteen of this code and
article six-a, chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in
article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty- three, chapter twenty-nine of this code;
(10) Public defender services provided for in article
twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six,
chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in
article two, chapter six-b of this code;
(13) Consolidated public retirement board provided for in
article ten-d, chapter five of this code; and
(14) The child support enforcement division designated in
chapter forty-eight-a of this code.
(b) The department of commerce, labor and environmental
resources and the office of secretary of the department of commerce, labor and environmental resources are hereby abolished.
For purposes of administrative support and liaison with the
office of the governor, the following agencies and boards,
including all allied, advisory and affiliated entities shall be
grouped under three bureaus as follows:
(1) Bureau of commerce:
(A) Division of labor provided for in article one, chapter
twenty-one of this code, which shall include:
(i) Occupational safety and health review commission
provided for in article three-a, chapter twenty-one of this code;
and
(ii) Board of manufactured housing construction and safety
provided for in article nine, chapter twenty-one of this code;
(B) Office of miners' health, safety and training provided
for in article one, chapter twenty-two-a of this code. The
following boards are transferred to the office of miners' health,
safety and training for purposes of administrative support and
liaison with the office of the governor:
(i) Board of coal mine health and safety and coal mine
safety and technical review committee provided for in article
six, chapter twenty-two-a of this code;
(ii) Board of miner training, education and certification
provided for in article seven, chapter twenty-two-a of this code;
and
(iii) Mine inspectors' examining board provided for in
article nine, chapter twenty-two-a of this code;
(C) The West Virginia development office provided for in
article two, chapter five-b of this code, which shall include:
(i) Enterprise zone authority provided for in article two-b,
chapter five-b of this code; and
(ii) Economic development authority provided for in article
fifteen, chapter thirty-one of this code;
(D) Division of natural resources and natural resources
commission provided for in article one, chapter twenty of this
code. The Blennerhassett historical state park provided for in
article eight, chapter twenty-nine of this code shall be under
the division of natural resources;
(E) Division of forestry provided for in article one-a,
chapter nineteen of this code;
(F) Geological and economic survey provided for in article
two, chapter twenty-nine of this code;
(G) Water development authority and board provided for in
article one, chapter twenty-two-c of this code;
(2) Bureau of employment programs provided for in article
one, chapter twenty-one-a of this code.
(3) Bureau of environment:
(A) Air quality board provided for in article five, chapter
twenty-two of this code;
(B) Solid waste management board provided for in article
three, chapter twenty-two of this code;
(C) Environmental quality board, or its successor board,
provided for in article three, chapter twenty-two-b of this code;
(D) Division of environmental protection provided for in
article one, chapter twenty-two of this code;
(E) Surface mine board of review provided for in article
four, chapter twenty-two-b of this code;
(F) Oil and gas inspectors' examining board provided for in
article seven, chapter twenty-two-c of this code;
(G) Shallow gas well review board provided for in article
eight, chapter twenty-two-c of this code; and
(H) Oil and gas conservation commission provided for in
article nine, chapter twenty-two-c of this code.
(c) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of education and the arts:
(1) Library commission provided for in article one, chapter
ten of this code;
(2) Educational broadcasting authority provided for in
article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided for in article two, chapter eighteen-b of this code;
(4) Board of directors of the state college system provided
for in article three, chapter eighteen-b of this code;
(5) Joint commission for vocational-technical-occupational
education provided for in article three-a, chapter eighteen-b of
this code;
(6) Division of culture and history provided for in article
one, chapter twenty-nine of this code; and
(7) Division of rehabilitation services provided for in
section two, article ten-a, chapter eighteen of this code.
(d) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of health and human resources:
(1) Human rights commission provided for in article eleven,
chapter five of this code;
(2) Division of human services provided for in article two,
chapter nine of this code;
(3) Division of health provided for in article one, chapter
sixteen of this code;
(4) Office of emergency medical services and advisory
council thereto provided for in article four-c, chapter sixteen
of this code;
(5) Health care cost review authority provided for in
article twenty-nine-b, chapter sixteen of this code;
(6) Commission on aging provided for in article fourteen,
chapter twenty-nine of this code;
(7) Commission on mental retardation provided for in article
fifteen, chapter twenty-nine of this code;
(8) Women's commission provided for in article twenty,
chapter twenty-nine of this code; and
(9) The child support enforcement division designated in
chapter forty-eight-a of this code.
(e) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of military affairs and public safety:
(1) Adjutant general's department provided for in article
one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter
fifteen of this code;
(3) Military awards board provided for in article one-g,
chapter fifteen of this code;
(4) Division of public safety provided for in article two,
chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board provided for in article five, chapter fifteen of this code and
emergency response commission provided for in article five-a of
said chapter;
(6) Sheriffs' bureau provided for in article eight, chapter
fifteen of this code;
(7) Division of corrections provided for in chapter
twenty-five of this code;
(8) Fire commission provided for in article three, chapter
twenty-nine of this code;
(9) Regional jail and correctional facility authority
provided for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article
twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council
provided for in article one, chapter nine-a of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven
of this code;
(2) Appraisal control and review commission provided for in
article one-a, chapter eleven of this code;
(3) Racing commission provided for in article twenty-three,
chapter nineteen of this code;
(4) Lottery commission and position of lottery director
provided for in article twenty-two, chapter twenty-nine of this
code;
(5) Agency of insurance commissioner provided for in article
two, chapter thirty-three of this code;
(6) Office of alcohol beverage control commissioner provided
for in article sixteen, chapter eleven of this code and article
two, chapter sixty of this code;
(7) Division of professional and occupational licenses which
may be hereafter created by the Legislature;
(8) Board of banking and financial institutions provided for
in article three, chapter thirty-one-a of this code;
(9) Lending and credit rate board provided for in chapter
forty-seven-a of this code;
(10) Division of banking provided for in article two,
chapter thirty-one-a of this code; and
(11) The child support enforcement division as designated in
chapter forty-eight-a of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the department of transportation:
(1) Road commission provided for in article two, chapter
seventeen of this code;
(2) Division of highways provided for in article two-a,
chapter seventeen of this code;
(3) Parkways, economic development and tourism authority
provided for in article sixteen-a, chapter seventeen of this
code;
(4) (1) Division of motor vehicles provided for in article
two, chapter seventeen-a of this code;
(5) (2) Driver's licensing advisory board provided for in
article two, chapter seventeen-b of this code;
(6) (3) Aeronautics commission provided for in article two-
a, chapter twenty-nine of this code;
(7) (4) State rail authority provided for in article
eighteen, chapter twenty-nine of this code; and
(8) (5) Port authority provided for in article sixteen-b, chapter
seventeen of this code.
(h) Except for
such the powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence of the
position of administrator and of the agency and the powers,
authority and duties of each administrator and agency
shall may
not be affected by the enactment of this chapter.
(i) Except for
such the powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence, powers,
authority and duties of boards and the membership, terms and
qualifications of members of
such the boards
shall may not be
affected by the enactment of this chapter and all boards which
are appellate bodies or were otherwise established to be
independent decision makers
shall may not have their appellate
or independent decision-making status affected by the enactment
of this chapter.
(j) Any department previously transferred to and
incorporated in a department created in section two, article one
of this chapter by prior enactment of this section in chapter
three, acts of the Legislature, first extraordinary session, one
thousand nine hundred eighty-nine, and subsequent amendments
thereto, shall henceforth be read, construed and understood to
mean a division of the appropriate department so created.
Wherever elsewhere in this code, in any act, in general or other
law, in any rule or regulation, or in any ordinance, resolution
or order, reference is made to any department transferred to and
incorporated in a department created in section two, article one
of this chapter,
such the reference shall henceforth be read,
construed and understood to mean a division of the appropriate
department so created, and any
such reference elsewhere to a division of a department so transferred and incorporated shall
henceforth be read, construed and understood to mean a section of
the appropriate division of the department so created.
(k) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer shall be construed to be
solely for purposes of administrative support and liaison with
the office of the governor, a department secretary or a bureau.
The bureaus created by the Legislature upon the abolishment of
the department of commerce, labor and environmental resources in
the year one thousand nine hundred ninety-four shall be headed by
a commissioner or other statutory officer of an agency within
that bureau. Nothing in this section shall be construed to
extend the powers of department secretaries under section two of
this article to any person other than a department secretary and
nothing herein shall be construed to limit or abridge the
statutory powers and duties of statutory commissioners or
officers pursuant to this code. Upon the abolishment of the
office of secretary of the department of commerce, labor and
environmental resources, the governor may appoint a statutory
officer serving functions formerly within that department to a
position which was filled by the secretary ex officio.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of the
officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the following appointive state
officers named in this subsection shall be appointed by the
governor, by and with the advice and consent of the Senate. Each
of
such the appointive state officers shall serve at the will and
pleasure of the governor for the term for which the governor was
elected and until the respective state officers' successors have
been appointed and qualified. Each of
such the appointive state
officers shall hereafter be subject to the existing
qualifications for holding each
such respective office and each
shall have and is hereby granted all of the powers and authority
and shall perform all of the functions and services heretofore
vested in and performed by virtue of existing law respecting each
such office.
Beginning on the first day of July, one thousand nine
hundred ninety-four, the annual salary of each
such named
appointive state officer shall be as follows:
Administrator,
division of highways, sixty-five thousand
dollars; administrator division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services, forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars; director, public employees insurance agency, fifty-five
thousand dollars; administrator, division of banking, fifty-five
thousand dollars; administrator, division of insurance, fifty- five thousand dollars; administrator, division of culture and
history, fifty thousand dollars; administrator, alcohol beverage
control commission, sixty thousand dollars; administrator,
division of motor vehicles, fifty-five thousand dollars;
director, division of personnel, fifty thousand dollars; adjutant
general, fifty thousand dollars; chairman, health care cost
review authority, fifty-five thousand dollars; members, health
care cost review authority, fifty-one thousand two hundred
dollars; director, human rights commission, forty thousand
dollars; administrator, division of labor, fifty-five thousand
dollars; administrator, division of veterans affairs, forty
thousand dollars; administrator, division of emergency services,
forty thousand dollars; members, board of parole, forty thousand
dollars; members, employment security review board, seventeen thousand dollars; members, workers' compensation appeal board,
seventeen thousand eight hundred dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the state officers named in
this subsection shall continue to be appointed in the manner
prescribed in this code, and, prior to the first day of July, one
thousand nine hundred ninety-four, each of the state officers
named in this subsection shall continue to receive the annual
salaries they were receiving as of the last day of December, one
thousand nine hundred ninety-three, and shall thereafter be paid
an annual salary as follows: Administrator, division of risk and
insurance management, fifty thousand dollars; director, division
of rehabilitation services, fifty-five thousand dollars;
executive director, educational broadcasting authority, fifty- five thousand dollars; secretary, library commission, forty-seven
thousand five hundred dollars; director, geologic and economic
survey, forty-seven thousand five hundred dollars; executive
director, water development authority, fifty-four thousand two
hundred dollars; executive director, public defender services, fifty-five thousand dollars; director, commission on aging, forty
thousand dollars; commissioner, oil and gas conservation
commission, forty thousand dollars; director, farm management
commission, thirty-two thousand five hundred dollars; director,
railroad maintenance authority, fifty thousand dollars; executive
secretary, women's commission, thirty thousand one hundred
dollars; director, regional jail authority, fifty-five thousand
dollars; director, hospital finance authority, twenty-five
thousand eight hundred dollars.
(c) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless
such the appointive state officer shall have first filed with the
state auditor and the legislative auditor a sworn statement, on
a form to be prescribed by the attorney general, certifying that
his or her spending unit is in compliance with any general law
providing for a salary increase for his or her employees. The
attorney general shall prepare and distribute
such the form to
the affected spending units:
Provided, That no decrease in
salary shall be effective for any current appointive state
officer appointed prior to the first day of January, one thousand
nine hundred eighty-nine:
Provided, however, That
such the
decreases shall take effect at
such the time as any appointive
office is vacated:
Provided further, That the increase provided
for the state superintendent of schools enacted during the regular session, one thousand nine hundred ninety-four, should
not become effective until the first day of January, one thousand
nine hundred ninety-seven.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary of
fourteen
seventy-five thousand dollars. He
or she shall be allowed and
paid necessary traveling expenses incident to performance of his
or her duties. Statements covering
such the expenses shall be
itemized and verified by the commissioner.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-3. Dissolution and termination of West Virginia turnpike
commission; West Virginia parkways, economic
development and tourism authority generally.
On and after the first day of June, one thousand nine
hundred eighty-nine, the West Virginia turnpike commission is
hereby abolished in all respects, and there is hereby created the
"West Virginia Parkways, Economic Development and Tourism
Authority," and by that name the parkways authority may sue and
be sued and plead and be impleaded. The parkways authority is
hereby constituted an agency of the state, and the exercise by
the parkways authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and
maintenance of parkway, economic development and tourism projects
shall be deemed and held to be an essential governmental function
of the state.
The West Virginia parkways, economic development and tourism
authority shall consist of seven members, including the
transportation secretary commissioner of highways, who shall
serve as chairman of the parkways authority, and six members,
including no less than one from each of the counties which have
land bordering parkway projects, appointed by the governor, by
and with the advice and consent of the Senate. The appointed
members shall be residents of the state, and shall have been
qualified electors therein for a period of at least one year next
preceding their appointment. Upon the effective date of this
legislation, the governor shall forthwith appoint six members of
the parkways authority for staggered terms. The terms of the
parkways authority members first taking office on or after the
effective date of this legislation shall expire as designated by
the governor at the time of the nomination, one at the end of the
first year, one at the end of the second year, one at the end
of the third year, one at the end of the fifth year, one at the
end of the sixth year, and one at the end of the seventh year,
after the first day of June, one thousand nine hundred eighty- nine. As these original appointments expire, each subsequent appointment shall be for a full eight-year term. Any member
whose term has expired shall serve until his
or her successor has
been duly appointed and qualified. Any person appointed to fill
a vacancy shall serve only for the unexpired term. Any member
shall be eligible for reappointment. The term of any person
serving as a member of the West Virginia turnpike commission
immediately preceding the effective date of this legislation
shall cease and otherwise expire upon
such the effective date:
Provided, That any
such member shall be eligible for
reappointment. Each appointed member of the parkways authority
before entering upon his
or her duties shall take an oath as
provided by section five of article IV of the constitution of the
state of West Virginia.
The parkways authority shall elect one of the appointed
members as vice chairman, and shall also elect a secretary and
treasurer who need not be members of the parkways authority.
Four members of the parkways authority shall constitute a quorum
and the vote of a majority of members present shall be necessary
for any action taken by the parkways authority. No vacancy in
the membership of the parkways authority shall impair the right
of a quorum to exercise all the rights and perform all the duties
of the parkways authority. The parkways authority shall meet at
least monthly and either the chairman or any four members shall
be empowered to call special meetings for any purpose or purposes:
Provided, That notice of any
such meeting shall be
given to all members of the parkways authority not less than ten
days prior to
said the special meetings.
Before the issuance of any parkway revenue bonds or revenue
refunding bonds under the provisions of this article, each
appointed member of the parkways authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars, each
such surety bond to be
conditioned upon the faithful performance of the duties of his
or
her office, to be executed by a surety company authorized to
transact business in the state of West Virginia as surety and to
be approved by the governor and filed in the office of the
secretary of state.
The members of the parkways authority
shall may not be
entitled to compensation for their services, but each member
shall be reimbursed for his
or her actual expenses necessarily
incurred in the performance of his
or her duties. All expenses
incurred in carrying out the provisions of this article shall be
payable solely from funds provided under the authority of this
article and no liability or obligation shall be incurred by the
parkways authority hereunder beyond the extent to which moneys
shall have been provided under the authority of this article.
NOTE: The purpose of this bill is to provide that the
department of highways and the West Virginia parkways, economic
development and tourism authority are separated from the
department of transportation and made into separate independent
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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