Introduced Version
House Bill 2124 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2124
(By Delegates Morgan, Stephens, Hartman,
Householder, Howell and Staggers)
[Introduced February 13, 2013; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §5F-2-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto
eleven new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c,
§5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i,
§5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the
organization of code provisions regarding the administration
of state government agencies.
Be it enacted by the Legislature of West Virginia:
That §5F-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto eleven new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-
1c, §5F-2-1d, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j,
§5F-2-1k and §5F-2-1l, all to read as follows:
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS ORGANIZATION OF STATE
AGENCIES, BOARDS AND COMMISSIONS WITHIN DEPARTMENTS
OF STATE GOVERNMENT.
§5F-2-1. Transfer and incorporation of agencies and boards; funds
General provisions.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five
of this code;
(2) Public Employees Insurance Agency provided in article
sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article
five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-
a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in
article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article
twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three,
chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter
twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter
five-a of this code.
(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-
one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code.
(2) Office of Miners' Health, Safety and Training provided 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:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety
and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code.
(3) The West Virginia Development Office provided in article
two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;
(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis.
(8) Division of Energy provided in article two-f, chapter
five-b of this code.
(9) Division of Tourism Commission provided in article two-h,
chapter five-b of this code.
(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development
Authority Board provided in article one, chapter twenty-two-c of
this code is continued as an independent agency within the
executive branch.
(e) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of
administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-
two-b of this code;
(2) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight,
chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article
nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of
this code;
(2) Division of Culture and History provided in article one,
chapter twenty-nine of this code; and
(3) Division of Rehabilitation Services provided in article
ten-a, chapter eighteen of this code.
(g) The Educational Broadcasting Authority provided in article
five, chapter ten of this code is part of the Department of
Education and the Arts for the purposes of administrative support
and liaison with the office of the Governor.
(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Health and Human
Resources:
(1) Human Rights Commission provided in article eleven,
chapter five of this code;
(2) Division of Human Services provided in article two,
chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter
sixteen of this code;
(4) Office of Emergency Medical Services and the Emergency
Medical Service Advisory Council provided in article four-c,
chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
(I) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military Affairs and
Public Safety:
(1) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of
this code;
(3) Military Awards Board provided in article one-g, chapter
fifteen of this code;
(4) West Virginia State Police provided in article two,
chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and
Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter
fifteen of this code;
(7) Division of Justice and Community Services provided in
article nine-a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of
this code;
(9) Fire Commission provided in article three, chapter twenty-
nine of this code;
(10) Regional Jail and Correctional Facility Authority
provided in article twenty, chapter thirty-one of this code; and
(11) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code.
(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:
(1) Tax Division provided in chapter eleven of this code;
(2) Racing Commission provided in article twenty-three,
chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;
(4) Insurance Commissioner provided in article two, chapter
thirty-three of this code;
(5) West Virginia Alcohol Beverage Control Commissioner
provided in article sixteen, chapter eleven of this code and
article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in
article three, chapter thirty-one-a of this co02/de;
(7) Lending and Credit Rate Board provided in chapter forty-
seven-a of this code;
(8) Division of Banking provided in article two, chapter
thirty-one-a of this code;
(9) The State Budget Office provided in article two of this
chapter;
(10) The Municipal Bond Commission provided in article three,
chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
(k) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter
seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two,
chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
(7) Public Port Authority provided in article sixteen-b,
chapter seventeen of this code.
(l) Effective July 1, 2011, the Veterans' Council provided in
article one, chapter nine-a of this code, including all of the
allied, advisory, affiliated or related entities and funds
associated with it, is incorporated in and administered as a part
of the Department of Veterans' Assistance.
(m) (a) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency
are not affected by the enactment of this chapter.
(n) (b) Except for powers, authority and duties that 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 the boards are not affected by the enactment of this
chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(o) (c) Any department previously transferred to and
incorporated in a department by prior enactment of this section
means a division of the appropriate department. Wherever reference
is made to any department transferred to and incorporated in a
department created in section two, article one of this chapter, the
reference means a division of the appropriate department and any
reference to a division of a department so transferred and
incorporated means a section of the appropriate division of the
department.
(p) (d) 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 is solely for
purposes of administrative support and liaison with the office of
the Governor, a department secretary or a bureau. Nothing in this
section extends the powers of department secretaries under section
two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of
statutory commissioners or officers pursuant to this code.
§5F-2-1a. Department of Administration.
_____The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Administration:
_____(a) Building Commission provided in article six, chapter five
of this code;
_____(b) Public Employees Insurance Agency provided in article
sixteen, chapter five of this code;
_____(c) Governor's Mansion Advisory Committee provided in article
five, chapter five-a of this code;
_____(d) Commission on Uniform State Laws provided in article one-
a, chapter twenty-nine of this code;
_____(e) West Virginia Public Employees Grievance Board provided in
article three, chapter six-c of this code;
_____(f) Board of Risk and Insurance Management provided in article
twelve, chapter twenty-nine of this code;
_____(g) Boundary Commission provided in article twenty-three,
chapter twenty-nine of this code;
_____(h) Public Defender Services provided in article twenty-one,
chapter twenty-nine of this code;
_____(i) Division of Personnel provided in article six, chapter twenty-nine of this code;
_____(j) The West Virginia Ethics Commission provided in article
two, chapter six-b of this code;
_____(k) Consolidated Public Retirement Board provided in article
ten-d, chapter five of this code; and
_____(l) Real Estate Division provided in article ten, chapter
five-a of this code.
§5F-2-1b. Department of Commerce.
_____The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:
_____(a) Division of Labor provided in article one, chapter twenty-
one of this code, which includes:
_____(1) Occupational Safety and Health Review Commission provided
in article three-a, chapter twenty-one of this code; and
_____(2) Board of Manufactured Housing Construction and Safety
provided in article nine, chapter twenty-one of this code.
_____(b) Office of Miners' Health, Safety and Training provided 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:
_____(1) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter
twenty-two-a of this code;
_____(2) Board of Miner Training, Education and Certification
provided in article seven, chapter twenty-two-a of this code; and
_____(3) Mine Inspectors' Examining Board provided in article nine,
chapter twenty-two-a of this code.
_____(c) The West Virginia Development Office provided in article
two, chapter five-b of this code;
_____(d) Division of Natural Resources and Natural Resources
Commission provided in article one, chapter twenty of this code;
_____(e) Division of Forestry provided in article one-a, chapter
nineteen of this code;
_____(f) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and
_____(g) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:
_____(1) Division of Unemployment Compensation;
_____(2) Division of Employment Service;
_____(3) Division of Workforce Development; and
_____(4) Division of Research, Information and Analysis.
_____(h) Division of Energy provided in article two-f, chapter
five-b of this code.
_____(i) Division of Tourism Commission provided in article two-h,
chapter five-b of this code.
§5F-2-1c. Economic Development Authority.
_____The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an
independent agency within the executive branch.
§5F-2-1d. Water Development Authority.
_____The Water Development Authority and the Water Development
Authority Board provided in article one, chapter twenty-two-c of
this code is continued as an independent agency within the
executive branch.
§5F-2-1e. Department of Environmental Protection.
_____The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of
administrative support and liaison with the office of the Governor:
_____(a) Air Quality Board provided in article two, chapter twenty-
two-b of this code;
_____(b) Solid Waste Management Board provided in article three,
chapter twenty-two-c of this code;
_____(c) Environmental Quality Board, or its successor board,
provided in article three, chapter twenty-two-b of this code;
_____(d) Surface Mine Board provided in article four, chapter
twenty-two-b of this code;
_____(e) Oil and Gas Inspectors' Examining Board provided in
article seven, chapter twenty-two-c of this code;
_____(f) Shallow Gas Well Review Board provided in article eight,
chapter twenty-two-c of this code; and
_____(g) Oil and Gas Conservation Commission provided in article
nine, chapter twenty-two-c of this code.
§5F-2-1f. Department of Education and the Arts.
_____The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Education and the Arts:
_____(a) Library Commission provided in article one, chapter ten of
this code;
_____(b) Division of Culture and History provided in article one,
chapter twenty-nine of this code; and
_____(c) Division of Rehabilitation Services provided in article
ten-a, chapter eighteen of this code.
§5F-2-1g. Educational Broadcasting Authority.
_____The Educational Broadcasting Authority provided in article
five, chapter ten of this code is part of the Department of
Education and the Arts for the purposes of administrative support
and liaison with the office of the Governor.
§5F-2-1h. Department of Health and Human Resources.
_____The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human
Resources:
_____(a) Human Rights Commission provided in article eleven,
chapter five of this code;
_____(b) Division of Human Services provided in article two,
chapter nine of this code;
_____(c) Bureau for Public Health provided in article one, chapter
sixteen of this code;
_____(d) Office of Emergency Medical Services and the Emergency
Medical Service Advisory Council provided in article four-c,
chapter sixteen of this code;
_____(e) Health Care Authority provided in article twenty-nine-b,
chapter sixteen of this code;
_____(f) Commission on Mental Retardation provided in article
fifteen, chapter twenty-nine of this code;
_____(g) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and
_____(h) The Child Support Enforcement Division provided in chapter
forty-eight of this code.
§5F-2-1i. Department of Military Affairs and Public Safety.
_____The following agencies and boards, including all of the allied,
advisory, affiliated or related entities and funds associated with
any agency or board, are incorporated in and administered as a part
of the Department of Military Affairs and Public Safety:
_____(a) Adjutant General's Department provided in article one-a,
chapter fifteen of this code;
_____(b) Armory Board provided in article six, chapter fifteen of
this code;
_____(c) Military Awards Board provided in article one-g, chapter
fifteen of this code;
_____(d) West Virginia State Police provided in article two, chapter
fifteen of this code;
_____(e) Division of Homeland Security and Emergency Management and
Disaster Recovery Board provided in article five, chapter fifteen
of this code and Emergency Response Commission provided in article
five-a of said chapter;
_____(f) Sheriffs' Bureau provided in article eight, chapter fifteen
of this code;
_____(g) Division of Justice and Community Services provided in
article nine-a, chapter fifteen of this code;
_____(h) Division of Corrections provided in chapter twenty-five of
this code;
_____(i) Fire Commission provided in article three, chapter twenty-
nine of this code;
_____(j) Regional Jail and Correctional Facility Authority provided
in article twenty, chapter thirty-one of this code; and
_____(k) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code.
§5F-2-1j. Department of Revenue.
_____The following agencies and boards, including all of the allied,
advisory, affiliated or related entities and funds associated with
any agency or board, are incorporated in and administered as a part
of the Department of Revenue:
_____(a) Tax Division provided in chapter eleven of this code;
_____(b) Racing Commission provided in article twenty-three, chapter
nineteen of this code;
_____(c) Lottery Commission and position of Lottery Director
provided in article twenty-two, chapter twenty-nine of this code;
_____(d) Insurance Commissioner provided in article two, chapter
thirty-three of this code;
_____(e) West Virginia Alcohol Beverage Control Commissioner
provided in article sixteen, chapter eleven of this code and article
two, chapter sixty of this code;
_____(f) Board of Banking and Financial Institutions provided in
article three, chapter thirty-one-a of this code;
_____(g) Lending and Credit Rate Board provided in chapter forty-
seven-a of this code;
_____(h) Division of Banking provided in article two, chapter
thirty-one-a of this code;
_____(i) The State Budget Office provided in article two of this
chapter;
_____(j) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
_____(k) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and
_____(l) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.
§5F-2-1k. Department of Transportation.
_____The following agencies and boards, including all of the allied,
advisory, affiliated or related entities and funds associated with
any agency or board, are incorporated in and administered as a part
of the Department of Transportation:
_____(a) Division of Highways provided in article two-a, chapter
seventeen of this code;
_____(b) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;
_____(c) Division of Motor Vehicles provided in article two, chapter
seventeen-a of this code;
_____(d) Driver's Licensing Advisory Board provided in article two,
chapter seventeen-b of this code;
_____(e) Aeronautics Commission provided in article two-a, chapter
twenty-nine of this code;
_____(f) State Rail Authority provided in article eighteen, chapter
twenty-nine of this code; and
_____(g) Public Port Authority provided in article sixteen-b,
chapter seventeen of this code.
§5F-2-1l. Department of Veterans' Assistance.
_____The Veterans' Council provided in article one, chapter nine-a
of this code, including all of the allied, advisory, affiliated or
related entities and funds associated with it, is incorporated in
and administered as a part of the Department of Veterans'
Assistance.
NOTE: The purpose of this bill is to create new code sections
which separate the executive departments, designated §5F-2-1a
through §5F-2-1l.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.