H. B. 4157
(By Delegates Morgan, Stephens, Swartzmiller,
Hartman, Givens, Manypenny and Staggers)
[Introduced January 22, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5-6-1, of the Code of West Virginia,
1931, as amended; to amend and reenact §5A-1-11 of said code;
to amend and reenact §5B-1-1a of said code; to amend and
reenact §9-2-1a of said code; to amend and reenact §16-1-16 of
said code; to amend and reenact §17-16A-3 of said code; to
amend and reenact §17B-2-7a of said code; to amend and reenact
§17C-15-44 of said code; to amend and reenact §18-10A-2 of
said code; to amend and reenact §19-1-3a of said code; to
amend and reenact §19-12A-3 of said code; to amend and reenact
§22C-12-6 of said code; to amend and reenact §24-1-3 of said
code; to amend and reenact §24A-1A-2 of said code; to amend
and reenact §24E-1-11 of said code; to amend and reenact §30-
30-3 of said code; and to amend and reenact §47A-1-1 of said
code, all relating to repealing outdated sunset language.
Be it enacted by the Legislature of West Virginia:
That §5-6-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §5A-1-11 of said code be amended and
reenacted; that §5B-1-1a of said code be amended and reenacted;
that §9-2-1a of said code be amended and reenacted; that §16-1-16
of said code be amended and reenacted; that §17-16A-3 of said code
be amended and reenacted; that §17B-2-7a of said code be amended
and reenacted; that §17C-15-44 of said code be amended and
reenacted; that §18-10A-2 of said code be amended and reenacted;
that §19-1-3a of said code be amended and reenacted; that §19-12A-3
of said code be amended and reenacted; that §22C-12-6 of said code
be amended and reenacted; that §24-1-3 of said code be amended and
reenacted; that §24A-1A-2 of said code be amended and reenacted;
that §24E-1-11 of said code be amended and reenacted; that §30-30-3
of said code be amended and reenacted; and that §47A-1-1 of said
code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDINGS.
§5-6-1. Name of State Office Building Commission changed;
composition; appointment, terms and qualifications of
members; chairman and secretary; compensation and
expenses; powers and duties generally; frequency of
meetings; continuation.
(a) "The State Office Building Commission of West Virginia", hereto created, shall continue in existence, but on and after
February 9, 1966, shall be known and designated as "The State
Building Commission of West Virginia" and shall continue as a body
corporate and as an agency of the State of West Virginia.
(b) On and after the date aforesaid, the commission shall
consist of the Governor, Attorney General, State Treasurer and four
additional members to be appointed by the Governor by and with the
advice and consent of the Senate.
(c) The terms of office for said members to be appointed by
the Governor shall be four years, except that the terms of office
of the first four members so appointed by the Governor shall be for
one, two, three and four years, respectively.
(d) No more than three of such members so appointed by the
Governor shall be members of the same political party, nor shall
any of said members be members or employees of the executive,
legislative or judicial branches of government of West Virginia or
any political subdivision thereof. The Governor shall be chairman
of the commission. The Secretary of State shall be a member of the
commission and serve as its secretary, but shall not have the right
to vote upon matters before the commission. All members of the
commission shall be citizens and residents of this state.
(e) The members of the commission shall be paid or reimbursed
for their necessary expenses incurred under this article, but shall
receive no compensation for their services as members or officers
of the commission:
Provided, That each member of the commission appointed by the Governor shall, in addition to such reimbursement
for necessary expenses, receive an amount not to exceed the same
compensation as is paid to members of the Legislature for their
interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
substantial portion thereof that he
or she is engaged in the work
of the commission. Such expenses and per diem shall be paid solely
from funds provided under the authority of this article, and the
commission shall not proceed to exercise or carry out any authority
or power herein given it to bind said commission beyond the extent
to which money has been provided under the authority of this
article.
(f) On or before the fifteenth day of each month, the
commission shall prepare and transmit to the President and Minority
Leader of the Senate and the Speaker and the Minority Leader of the
House of Delegates a report covering the activities of the said
commission for the preceding calendar month.
Pursuant to the provisions of article ten, chapter four of
this code, the state building commission shall continue to exist
until the first day of July, two thousand.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-11. State Americans with disabilities coordinator.
(a) There is
hereby created continued within the Department of
Administration the position of the State Americans with Disabilities Coordinator, who shall be appointed by the Secretary
of the Department of Administration with input from the chairperson
from each of the following four councils:
(1) The Developmental Disabilities Council;
(2) The Statewide Independent Living Council;
(3) The Mental Health Planning Council; and
(4) The State Rehabilitation Council.
(b) The coordinator shall be a full-time employee, and shall
have an in-depth working knowledge of the challenges facing persons
with disabilities. The coordinator may be a current employee of
the Department of Administration or other state agency employee.
(c) The coordinator shall:
(1) Advise the Director of Personnel in the development of
comprehensive policies and programs for the development,
implementation and monitoring of a statewide program to assure
compliance with 42 U.S.C. §12101,
et seq., the federal Americans
with Disabilities Act;
(2) Assist in the formulation of rules and standards relating
to the review, investigation and resolution of complaints of
discrimination in employment, education, housing and public
accommodation;
(3) Consult and collaborate with state and federal agency
officials in the state plan development;
(4) Consult and collaborate with agency Americans with
disabilities officers on the appropriate training for managers and supervisors on regulations and issues;
(5) Represent the state on local, state and national
committees and panels related to Americans with disabilities;
(6) Advise the Governor and agency heads on Americans with
disabilities issues;
(7) Consult with state equal employment opportunity officers
on the hiring of persons with disabilities; and
(8) Be available to inspect and advise the leasing section of
the Division of Purchasing on all physical properties owned or
leased by the State of West Virginia for compliance with 42 U.S.C.
§12101,
et seq., the federal Americans with Disabilities Act.
(d)(1) The Secretary of the Department of Administration may
assess, charge and collect fees from each state spending unit which
utilizes the services of the coordinator, for the direct costs and
expenses incurred by the coordinator in providing those services.
Costs and expenses include travel, materials, equipment and
supplies. Moneys shall be collected through the Division of
Finance.
(2) A state spending unit shall agree in writing to all costs
and expenses before the services by the Americans with disabilities
coordinator are rendered.
(e) There is
hereby created continued in the Department of
Administration a special fund to be named the "Americans with
Disabilities Coordinator Fund", which shall be an interest-bearing
account and may be invested in accordance with the provisions of article six, chapter twelve of this code, with the interest income
a proper credit to the fund. Funds paid into the account may be
derived from the following sources:
(1) All moneys received from state spending units for the
costs and expenses incurred by the state Americans with
disabilities coordinator for providing services related to the
state's implementation and compliance with 42 U.S.C. §12101,
et
seq., the federal Americans with Disabilities Act;
(2) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation; and
(3) All interest or return on investment accruing to the fund.
(f) Moneys in the fund are to be used for the costs and
expenses incurred pursuant to this section. Any balance including
accrued interest in this special fund at the end of any fiscal year
shall not revert to the General Revenue Fund, but shall remain in
the fund for use by the Secretary of the Department of
Administration for providing additional Americans with disabilities
coordinator services within the State of West Virginia in the
ensuing fiscal years.
(g) The Secretary of the Department of Administration shall
report annually on the fund to the Governor, President of the
Senate and Speaker of the House of Delegates. The report must be
on CD ROM or other electronic media and shall not be in print
format.
(h) The state Americans with disabilities coordinator shall
continue to exist until the first day of July, two thousand nine,
unless sooner terminated, continued or reestablished pursuant to
the provisions of article ten, chapter four of this code.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-1a. Marketing and Communications Office.
(a) There is
hereby created continued in the Department of
Commerce the Marketing and Communications Office. The office is
created to provide marketing and communications goods and services
to other state agencies, departments, units of state or local
government or other entity or person.
(b) The office is authorized to charge for goods and services
it provides to other state agencies. The Secretary of the
Department of Commerce shall approve a fee schedule determining the
amounts that may be charged for goods and services provided by the
office to other state agencies.
(c) All moneys collected shall be deposited in a special
account in the State Treasury to be known as the Department of
Commerce Marketing and Communications Operating Fund. Expenditures
from the fund shall be for the operation of the office and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article two, chapter eleven-b of this code:
Provided, That for the fiscal year ending June 30, 2008,
expenditures are authorized from collections and shall be expended
at the discretion of the Secretary of the Department of Commerce
rather than pursuant to appropriation by the Legislature.
(d) Any balance remaining at the end of any fiscal year shall
not revert to the General Revenue Fund, but shall remain in the
fund for expenditures in accordance with the purposes set forth in
this section.
(e) The Department of Commerce shall develop and maintain a
system of annual or more frequent performance measures useful in
gauging the efficiency and effectiveness of the office's marketing
and communications activities. The measures shall also reflect the
office's efficiency and effectiveness with respect to commercially
available marketing and communications services and any private
sector benchmarks which might be identified or created. For the
purposes of this section, "performance measures" means income,
output, quality, self-sufficiency and outcome metrics.
(f) Beginning on January 1, 2008, and annually every year
thereafter, the Secretary of the Department of Commerce shall
report to the Joint Committee on Government and Finance, the Joint
Standing Committee on Finance and the Joint Commission on Economic
Development on the performance of the office. This report is to
include a statement of the performance measurements for the office
developed by the Secretary of the Department of Commerce and an
analysis of the office's performance.
(g) Pursuant to the provisions of article ten, chapter four of
this code, the Marketing and Communications Office shall continue
to exist until the first day of July, two thousand ten, unless
sooner terminated, continued or reestablished.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-1a. Department of Health and Human Resources.
The Department of Health and Human Resources shall be charged
with the administration of this chapter.
Pursuant to the
provisions of article ten, chapter four of this code, the
Department of Health and Human Resources shall continue to exist
until the first day of July, two thousand six, unless sooner
terminated, continued or reestablished.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-16. Public health advisory council; duties; composition;
appointment; meetings; compensation; expenses and
continuation.
(a) The Public Health Advisory Council is
hereby created
continued as an advisory body to the commissioner for the purpose
of advising the commissioner as to the provision of adequate public
health services for all areas in the state.
(b) The council may advise the commissioner in all matters pertaining to the commissioner's duties and functions concerning
public health and the provisions of this chapter. The council may
review all state public health rules and advise the commissioner on
necessary revisions. The council may advise the commissioner on
the need for additional or special advisory committees to assist
the council in matters concerning public health in relation to any
business, profession or industry in the state. The council shall
review all
performance based standards and assist the commissioner
in the development and implementation of a coordinated, population-
based prevention oriented program that promotes and protects the
health of all citizens of West Virginia.
(c) The council shall be composed of fifteen members appointed
by the Governor by and with the advice and consent of the Senate.
The State Insurance Commissioner or his or her designated
representative shall serve as a member ex officio. Twelve members
shall be chosen from nominations by: (1) The West Virginia
Association of Local Health Officers which shall submit to the
Governor a list of three names of local health officers; (2) the
West Virginia Association of Local Health Departments which shall
submit to the Governor a list of three names of members of local
boards of health; (3) the West Virginia Association of county
commissioners which shall submit to the Governor a list of three
names of representatives from its association; (4) the West
Virginia Association of Sanitarians which shall submit to the
Governor a list of three names of representatives from its association; (5) the West Virginia Hospital Association which shall
submit to the Governor a list of three names of representatives
from its association; (6) the West Virginia Medical Association
which shall submit to the Governor a list of three names of
representatives from its association; (7) the West Virginia
Emergency Medical Services Coalition, which shall submit to the
Governor a list of three names of representatives from its
association; (8) the West Virginia Primary Care Association which
shall submit to the Governor a list of three names of
representatives from its association; (9) the nursing section of
the West Virginia Public Health Association which shall submit to
the Governor a list of three names of public health nurses; (10)
the state college and university systems of West Virginia which
shall submit to the Governor a list of three names of
representatives from its members; (11) the State Health Education
Council which shall submit to the Governor a list of three names of
individuals from the prevention and wellness community; and (12)
the State Chamber of Commerce which shall submit to the Governor a
list of
three names of representatives from the business community.
The Governor shall appoint one individual from each list submitted
to serve on the council. In addition the Governor
shall appoint
two persons to represent the general public.
(d) Pursuant to the provisions of this section, the Governor
shall appoint an advisory council on July 1, 2000. Of those first
members appointed, one-third shall serve for one year, one-third shall serve for two years and one-third shall serve for three
years. Each subsequent term shall be a three-year term and no
member may serve more than four consecutive terms.
(e) The advisory council shall choose its own chairperson and
meet at the call of the commissioner at least twice a year.
(f) The members of the council shall receive compensation and
expense reimbursement in an amount not to exceed the same
compensation and expense reimbursement that is paid to members of
the Legislature for their interim duties as recommended by the
Citizens Legislative Compensation Commission and authorized
by law,
for each day or substantial portion of a day engaged in the
performance of official duties.
(g) Pursuant to the provisions of article ten, chapter four of
this code, the state advisory council on public health shall
continue to exist until the first day of July, two thousand three.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-3. West Virginia Parkways, Economic Development and
Tourism Authority generally.
(a) The West Virginia Parkways, Economic Development and
Tourism Authority is continued as 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 an essential governmental function of the
state.
(b) The West Virginia Parkways, Economic Development and
Tourism Authority shall consist of seven members, including the
Governor or designee, the Transportation Secretary and five public
members 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 for a period of at
least one year next preceding their appointment. Public members
are appointed for eight-year terms, which are staggered in
accordance with the initial appointments under prior enactment of
this section. 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.
Each appointed member of the Parkways Authority before entering
upon his or her duties shall take an oath as provided by section
five, article IV of the Constitution of West Virginia.
(c) The Governor or designee shall serve as chair and the
authority shall annually elect one of the appointed members as vice
chair, and shall also elect a secretary and treasurer who need not
be members of the Parkways Authority.
(d) The Governor appoints an Executive Director of the
authority with the advice and consent of the Senate. The Executive Director serves at the Governor's will and pleasure. The Executive
Director is responsible for managing and administering the daily
functions of the authority and for performing all other functions
necessary to the effective operation of the authority. The
compensation of the Executive Director is annually fixed by the
Governor.
(e) 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 chair or any four members shall be
empowered to call special meetings for any purpose
: Provided, That
notice of any meeting shall be given to all members of the Parkways
Authority not less than ten days prior to said special meetings.
(f) 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 $25,000 and the secretary and treasurer shall execute
a surety bond in the penal sum of $50,000, each 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 West Virginia as surety and to be approved by
the Governor and filed in the Office of the Secretary of State.
(g) The members of the Parkways Authority shall not be entitled
to compensation for their services, but shall be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of their duties in a manner consistent with guidelines
of the Travel Management Office of the Department of Administration.
(h) 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 beyond the extent to which moneys
shall have been provided under the authority of this article.
(i) Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Parkways, Economic Development and
Tourism Authority shall continue to exist until the first day of
July, two thousand seven.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-7a. Driver's Licensing Advisory Board.
The Driver's Licensing Advisory Board is hereby continued. The
board shall consist of five members to be appointed by the Governor,
by and with the advice and consent of the Senate, for terms of three
years, except that as to the members first appointed, two shall be
appointed for a term of three years, two shall be appointed for a
term of two years and one shall be appointed for a term of one year,
all from July 1, 1974. All vacancies occurring on the board shall
be filled by the Governor, by and with the advice and consent of the Senate. One member of the board shall be an optometrist duly
registered to practice optometry in this state and the other four
members of the board shall be physicians or surgeons duly licensed
to practice medicine or surgery in this state. The Governor shall
appoint persons qualified to serve on the board who, in his opinion,
will best serve the work and function of the board.
The board shall advise the Commissioner of Motor Vehicles as
to vision standards and all other medical criteria of whatever kind
or nature relevant to the licensing of persons to operate motor
vehicles under the provisions of this chapter. The board shall,
upon request, advise the Commissioner of Motor Vehicles as to the
mental or physical fitness of an applicant for, or the holder of,
a license to operate a motor vehicle. The board shall furnish the
commissioner with all such medical standards, statistics, data,
professional information and advice as he may reasonably request.
The members of the board shall receive compensation and expense
reimbursement in an amount not to exceed the same compensation and
expense reimbursement as is paid to members of the Legislature for
their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law, for each day or
substantial portion thereof engaged in the performance of official
duties.
Pursuant to the provisions of article ten, chapter four of this
code, the driver's licensing advisory board shall continue to exist
until the first day of July, two thousand nine.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for motorcyclists,
motorcycles, motor-driven cycles and mopeds;
Motorcycle Safety Standards and Education
Committee.
(a) No person shall operate or be a passenger on any motorcycle
or motor-driven cycle unless the person is wearing securely fastened
on his or her head by either a neck or chin strap a protective
helmet designed to deflect blows, resist penetration and spread
impact forces. Any helmet worn by an operator or passenger shall
meet the current performance specifications established by the
American National Standards Institute Standard, Z 90.1, the United
States Department of Transportation Federal Motor Vehicle Safety
Standard No. 218 or Snell Safety Standards for Protective Headgear
for Vehicle Users.
(b) No person shall operate or be a passenger on any motorcycle
or motor-driven cycle unless the person is wearing safety, shatter-
resistant eyeglasses (excluding contact lenses), or eyegoggles or
face shield that complies with the performance specifications
established by the American National Standards Institute for Head,
Eye and Respiratory Protection, Z 2.1. In addition, if any
motorcycle, motor-driven cycle or moped is equipped with a
windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with
the performance specifications established by the Department of
Transportation Federal Motor Vehicle Safety Standard No. 205 and
American National Standards Institute, Safety Glazing Materials for
Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.
(c) No person shall operate a motorcycle, motor-driven cycle
or moped on which the handlebars or grips are more than fifteen
inches higher than the uppermost part of the operator's seat when
the seat is not depressed in any manner.
(d) A person operating a motorcycle, motor-driven cycle or
moped shall ride in a seated position facing forward and only upon
a permanent operator's seat attached to the vehicle. No operator
shall carry any other person nor shall any other person ride on the
vehicle unless the vehicle is designed to carry more than one
person, in which event a passenger may ride behind the operator upon
the permanent operator's seat if it is designed for two persons, or
upon another seat firmly attached to the vehicle to the rear of the
operator's seat and equipped with footrests designed and located for
use by the passenger or in a sidecar firmly attached to the vehicle.
No person shall ride side saddle on a seat. An operator may carry
as many passengers as there are seats and footrests to accommodate
those passengers. Additional passengers may be carried in a factory
produced sidecar provided that there is one passenger per seat.
Passengers riding in a sidecar shall be restrained by safety belts.
(e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or
fairings and adjusted so that the operator shall have a clear view
of the road and condition of traffic behind him
or her for a
distance of at least two hundred feet.
(f) There is
hereby created continued a six member Motorcycle
Safety and Education Committee consisting of: The Superintendent
of the State Police or a designee; the Commissioner of Motor
Vehicles or a designee; the Director of the West Virginia Safety
Council or a designee; a licensed motorcycle operator; an owner of
a motorcycle dealership; and a supplier of aftermarket nonfranchised
motorcycle supplies. The nongovernmental representatives shall be
appointed by the Governor with the advice and consent of the Senate,
shall serve without compensation, and the terms shall be for three
years, except that as to the members first appointed, one shall be
appointed for a term of one year, one shall be appointed for a term
of two years and one shall be appointed for a term of three years.
Members may be reappointed to the committee.
The committee shall continue to exist pursuant to the
provisions of article ten, chapter four of this code until the first
day of July, one thousand nine hundred ninety-nine, to allow for the
completion of a preliminary performance review by the joint
committee on government operations.
The committee is
hereby authorized to recommend to the
superintendent of Public Safety types and makes of protective
helmets, eye protection devices and equipment offered for sale, purchased or used by any person. The committee is authorized to
make recommendations to the Commissioner of Motor Vehicles regarding
the use of the moneys in the Motorcycle Safety Fund created under
section seven, article one-d, chapter seventeen-b of this code.
CHAPTER 18. EDUCATION.
ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-2. Division of rehabilitation services.
The Division of Rehabilitation Services is hereby transferred
to the Department of Education and the Arts created in article one,
chapter five-f of this code. The secretary shall appoint any such
board, commission or council over the division to the extent
required by federal law to qualify for federal funds for providing
rehabilitation services for disabled persons. The secretary and
such boards, commissions or councils as he or she is required by
federal law to appoint are authorized and directed to cooperate with
the federal government to the fullest extent in an effort to provide
rehabilitation services for disabled persons.
References in this article or article ten-b of this chapter to
the State Board of Vocational Education, the State Board of
Rehabilitation or the state board as the governing board of
vocational or other rehabilitation services or facilities means the
Secretary of Education and the Arts. All references in the code to
the Division of Vocational Rehabilitation means the Division of
Rehabilitation Services and all references to the Director of the
Division of Vocational Rehabilitation means the Director of the Division of Rehabilitation Services.
Pursuant to the provisions of article ten, chapter four of this
code, the Division of Rehabilitation Services shall continue to
exist until the first day of July, two thousand four.
CHAPTER 19. AGRICULTURE.
ARTICLE 1. DEPARTMENT OF AGRICULTURE.
§19-1-3a. Marketing and development division; duties.
In recognition that article ten, chapter four of this code
requires a preliminary performance review of the rural resource
division of the Department of Agriculture and that performance
standards must be stated before such audit can be performed, the
rural resources division is hereby formally established and renamed
the marketing and development division in the Department of
Agriculture. The duties of the marketing and development division
are to establish marketing, promotional and development programs to
advance West Virginia agriculture in the domestic and international
markets; to provide grading, inspection and market news services to
the various elements of the West Virginia agricultural industry; and
to regulate and license individuals involved in the marketing of
agricultural products.
ARTICLE 12A. LAND DIVISION.
§19-12A-3. Farm management commission continued; composition;
chairman; quorum; meetings; vacancies.
(a) The farm management commission heretofore created is hereby continued and shall be composed of three members who are the
Commissioner of Agriculture, who shall be chairman, the Secretary
of the Department of Administration and the Dean of the West
Virginia University college of agriculture and forestry. No
business may be transacted by the commission in the absence of a
quorum which consists of two members including the chairman. The
farm management commission shall hold meetings at least once every
two months and on call of the chairman.
(b) If a vacancy occurs on the commission, the farm management
director, as provided in this article, shall act as a member of the
commission until the vacancy is filled.
(c) If a vacancy occurs in the office of the Commissioner of
Agriculture, the members of the commission and the farm management
director shall select, from among them, a chairman to serve until
a commissioner of agriculture is appointed or elected and qualified.
Pursuant to the provisions of section four, article ten,
chapter four of this code, the farm management commission shall
continue to exist until the first day of July, one thousand nine
hundred ninety-four, to allow for the completion of an audit by the
.joint committee on government operations
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES,
COMMISSIONS AND COMPACTS.
ARTICLE 12. OHIO RIVER VALLEY WATER SANITATION COMMISSION.
§22C-12-6. When article effective; findings; continuation.
This article shall take effect and become operative and the
compact be executed for and on behalf of this state only from and
after the approval, ratification and adoption and entering into
thereof by the states of New York, Pennsylvania, Ohio and Virginia.
After having conducted a preliminary performance review through
its joint committee on government operations, pursuant to article
ten, chapter four of this code, the Legislature hereby finds and
declares that West Virginia should remain a member of the compact.
Accordingly, notwithstanding the provisions of article ten, chapter
four of this code, West Virginia shall continue to be a member of
this compact until the first day of July, two thousand six, unless
sooner terminated, continued or reestablished by act of the
Legislature.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation.
(a) The Public Service Commission of West Virginia is continued
and directed as provided by this chapter, chapter twenty-four-a,
chapter twenty-four-b and chapter twenty-four-d of this code. After
having conducted a performance audit through its joint committee on
government operations, pursuant to section nine, article ten,
chapter four of this code, the Legislature hereby finds and declares
that the Public Service Commission should be continued and
reestablished. Accordingly, notwithstanding the provisions of
section five, article ten, chapter four of this code, the Public Service Commission shall continue to exist until the first day of
July, two thousand three. The Public Service Commission may sue and
be sued by that name. The Public Service Commission shall consist
of three members who shall be appointed by the Governor, with the
advice and consent of the Senate. The commissioners shall be
citizens and residents of this state and at least one of them shall
be duly licensed to practice law in West Virginia, with not less
than ten years' actual work experience in the legal profession as
a member of a state bar. No more than two of the commissioners
shall be members of the same political party. Each commissioner
shall, before entering upon the duties of his or her office, take
and subscribe to the oath provided by section five, article IV of
the Constitution of this State. The oath shall be filed in the
Office of the Secretary of State. The Governor shall designate one
of the commissioners to serve as chairman at the Governor's will and
pleasure. The chairman shall be the chief administrative officer
of the commission. The Governor may remove any commissioner only
for incompetency, neglect of duty, gross immorality, malfeasance in
office or violation of subsection (c) of this section.
(b) The unexpired terms of members of the Public Service
Commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for terms
of six years, except that an appointment to fill a vacancy is for
the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for reappointment.
(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter or holding any stocks or bonds of a public utility subject
to the provisions of this chapter or who is pecuniarily interested
in a public utility subject to the provisions of this chapter may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office or be a member of any political committee while acting
as a commissioner; nor may any commissioner or employee of the
commission receive any pass, free transportation or other thing of
value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the Governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) The salaries of members of the Public Service Commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective July 1, 2001,
the annual salary of each commissioner provided in section two-a,
article seven, chapter six of this code shall be paid in monthly
installments from the special funds in the percentages that follow:
(1) From the Public Service Commission fund collected under the
provisions of section six, article three of this chapter, eighty percent;
(2) From the Public Service Commission Motor Carrier Fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety Fund
collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.
In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, the chairman
of the commission shall receive $5,000 per annum to be paid in
monthly installments from the Public Service Commission Fund
collected under the provisions of section six, article three of this
chapter.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-2. Creation of advisory committee; purpose; members;
terms.
(a) There is
created continued the Commercial Motor Vehicle
Weight and Safety Enforcement Advisory Committee, the purpose of
which is to study the implementation of the commercial motor vehicle
weight and safety enforcement program set forth in this article.
(b) The committee consists of the following members:
(1) One member who is an employee of the Division of Highways,
to be appointed by the Commissioner of Highways;
(2) One member who is an employee of the Public Service
Commission, to be appointed by the Chairman of the Public Service
Commission;
(3) One member who is a State Police officer, to be appointed
by the superintendent of the State Police;
(4) One member who is an employee of the Division of Motor
Vehicles, to be appointed by the Commissioner of Motor Vehicles;
(5) One member who is an employee of the Development Office,
to be appointed by the Governor;
(6) One member who is representative of the coal industry, to
be appointed by the Governor;
(7) One member of the Senate, to be appointed by the President
of the Senate;
(8) One member of the House of Delegates, to be appointed by
the Speaker of the House of Delegates;
(9) Two citizen members, to be appointed by the Governor;
(10) One member of the largest organization representing coal
miners, to be appointed by the Governor; and
(11) One member of the largest organization representing
natural resource transportation drivers, to be appointed by the
Governor.
(c) Members shall serve for terms of three years. No member
may be appointed to serve more than two consecutive terms.
(d) The committee shall annually nominate from its members a
chair, who shall hold office for one year.
(e) The committee shall hold at least four meetings each year
or more often as may, in the discretion of the chair, be necessary
to effectuate the purposes of this article.
(f) The public members of the committee may receive
compensation for attendance at official meetings, not to exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the Citizens Legislative Compensation Commission
and authorized by law.
(g) Committee members may be reimbursed for actual and
necessary expenses incurred for each day or portion of a day engaged
in the discharge of committee duties in a manner consistent with
guidelines of the Travel Management Office of the Department of
Administration.
(h) On or before January 1, 2004, and each subsequent year
thereafter, the committee shall submit to the Governor and to the
Legislature a report of its recommendations for improving the
effectiveness of the commercial vehicle weight and safety
enforcement program.
(i) The commercial vehicle weight and safety enforcement
advisory committee shall continue to exist until the first day of
July, two thousand seven, pursuant to the provisions of article ten,
chapter four of this code, unless sooner terminated, continued or
reestablished pursuant to the provisions of that article.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
ARTICLE 1. WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD.
§24E-1-11. Termination of board; transfer of duties and title;
legislative and emergency rules; advisory board.
(a) The board shall terminate on July 1, 2009, after which it
shall have one year to wind up its affairs.
pursuant to the
provisions of article ten, chapter four of this code Upon final
termination, the board shall transfer all its right, title and
interest to any maps, compilations or other works that it created
as a result of the statewide addressing and mapping to the
respective county commissions.
(b) Upon final termination of the board, county commissions
shall maintain and update the addressing and mapping systems within
their respective jurisdictions under the standards established by
the board, as updated thereafter by the Division of Homeland
Security and Emergency Management of the Department of Military
Affairs and Public Safety under this section, and shall supply the
updated information to the division in the format it establishes
through its rule-making authority.
(c) Except as provided in subsection (b) of this section, upon
final termination of the board, the powers and duties of the board
shall be transferred to the Division of Homeland Security and
Emergency Management.
(d) Prior to the final termination of the board, the division
may propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
which shall become effective only upon the final termination of the board. The rules shall:
(1) Maintain and update the standards for statewide addressing
and mapping;
(2) Establish standard reasonable fees, based on cost, to be
charged by county commissions for copies or use of any maps,
compilations or other works created as a result of the statewide
addressing and mapping, subject to the exemptions provided under
section nine of this article;
(3) Govern centralization and interoperability of the county
systems within the integrated statewide addressing and mapping
system; and
(4) Ensure the public safety in any manner the division
considers advisable.
(e) Upon final termination of the board, the division may
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code for
the purposes set forth in this article.
(f) Upon final termination of the board, the division may
promulgate emergency rules pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code.
(g) Rules in effect as of the reenactment of this article
during the 2007 regular session will remain in effect until amended,
modified, repealed or replaced pursuant to this article.
(h) Effective the July 1, 2010, the statewide Addressing and
Mapping Board shall become an advisory board within the Division of Homeland Security and Emergency Management and will continue to be
composed as set forth in this article and the members will serve at
the will and pleasure of the Governor.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 30. SOCIAL WORKERS.
§30-30-3. Board of Social Work Examiners.
(a) For the purpose of carrying out the provisions of this
article, there is hereby created continued a West Virginia Board of
Social Work Examiners, consisting of seven members who shall be
appointed by the Governor, subject to the following requirements:
(1) No person may be excluded from serving on the board by
reason of race, sex or national origin;
(2) One member shall be an independent clinical social worker,
two members shall be certified social workers, one member shall be
a graduate social worker and two members shall be social workers.
All such members must be licensed under the provisions of this
article in accordance with their respective titles. In addition,
there shall be one member of the board chosen from the general
public: Provided, That those members who are appointed by the
Governor to serve as the first board after the effective date of
this article shall be persons eligible for the licensing required
under this article: Provided, however, That the member from the
general public shall never be required to be eligible for licensing;
(3) The members of the first board to serve after the effective date of this article shall be appointed within ninety days thereof;
(4) The term of office for each member of the board shall be
three years: Provided, That one of the members of the first board
to serve after the effective date of this article shall serve a term
of two years, three of them shall serve a term of three years and
the remaining three shall serve a term of four years; and
(5) The Governor shall, whenever there is a vacancy on the
board due to circumstances other than the expiration of the term of
a member, appoint another member with the same qualifications as the
member who has vacated to serve the duration of the unexpired term.
(b) For the purpose of accepting nominations for the
replacement of a member, the Governor shall cause a notice of the
vacancy to be published at least thirty days prior to an
announcement of the replacement member, as a Class I-0 legal
advertisement, in accordance with the provisions of section two,
article three, chapter fifty-nine of this code. The publication
area shall be statewide.
(c) If the Governor fails to make appointment in ninety days
after expiration of any term, the board shall make the necessary
appointment. Each member shall hold office until the expiration of
the term for which such member is appointed and until a successor
shall have been duly appointed and qualified.
(b) (d) Any members of the board may be removed from office for
cause, in accordance with procedures set forth in this code for the
removal of public officials from office.
(c) (e) The board shall pay each member the same compensation
as is paid to members of the Legislature for their interim duties
as recommended by the Citizens Legislative Compensation Commission
and authorized by law for each day or portion thereof engaged in the
discharge of official duties and shall reimburse each member for
actual and necessary expenses incurred in the discharge of official
duties: Provided, That such compensation and such expenses shall
not exceed the amount received by the board from licensing fees and
penalties imposed under subdivision (4), subsection (e) (g) of this
section.
(d) (f) The board shall hold an annual election for the purpose
of electing a chairman, vice chairman and secretary. The
requirements for meetings and management of the board shall be
established in regulations promulgated by the board as required by
this article.
(e) (g) In addition to the duties set forth in other provisions
of this article, the board shall:
(1) Recommend to the Legislature any proposed modifications to
this article;
(2) Report to county prosecutors any suspected violations of
this article: Provided, That no report shall be made until the
board has given the suspected violator ninety days written notice
of the suspected violation and the violator has, within such ninety-
day period, been afforded an opportunity to respond to the board
with respect to the allegation;
(3) Publish an annual report and a roster listing the names and
addresses of all persons who have been licensed in accordance with
the provisions of this article as an independent clinical social
worker, certified social worker, graduate social worker or social
worker;
(4) Establish a fee schedule by legislative rule, pursuant to
the provisions of chapter twenty-nine-a of this code, which schedule
may include fees for the initial examination, license fee, license
renewal, license replacement, reciprocal license, license
classification change, continuing education provider approval and
monitoring, mailing lists and requests for information and reports;
fees for requests for information and reports shall not be greater
than the cost of personnel, time and supplies incurred by the board
and shall not be applied to the annual report;
(5) Establish standards and requirements by legislative rule,
pursuant to the provisions of chapter twenty-nine-a of this code,
for continuing education. In establishing these requirements the
board shall consult with professional groups and organizations
representing all levels of practice provided for in this article and
the board shall consider recognized staff development programs,
continuing education programs offered by colleges and universities
having social work programs approved or accredited by the council
on social work education, and continuing education programs offered
by recognized state and national social work bodies: Provided,
That such standards and requirements for continuing education shall not be construed to alter or affect in any way the standards and
requirements for licensing as set forth elsewhere in this article;
(6) Establish standards and requirements for the practice of
social work and the differentiation of qualifications, education,
training, experience, supervision, responsibilities, rights, duties
and privileges at the independent clinical social worker, certified
social worker, graduate social worker and social worker license
levels. In establishing these standards and requirements the board
shall consult with professional groups and organizations
representing all levels of practice provided for in this article.
Standards and requirements may include, but are not limited to,
practice standards, practice parameters, quality indicators, minimal
standards of acceptance, advanced training and certification and
continuing education: Provided, That such standards and
requirements for practice may not be construed to alter or affect
in any way the standards and requirements for licensing as set forth
elsewhere in this article;
(7) Conduct its proceedings in accordance with provisions of
article nine-a, chapter six of this code; and
(8) Employ, direct and define the duties of administrative
clerical support staff.
(f) After having conducted a regulatory board evaluation
through its joint committee on government operations, pursuant to
article ten, chapter four of this code, the Legislature hereby finds
and declares that the board of social work examiners be continued and reestablished. Accordingly, notwithstanding the provisions of
said article, the board of social work examiners shall continue to
exist until the first day of July, two thousand five.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
ARTICLE 1. LENDING AND CREDIT RATE BOARD.
§47A-1-1. Legislative findings; creation, membership, powers and
duties of board; termination of board.
(a) The Legislature hereby finds and declares that:
(1) Changes in the permissible charges on loans, credit sales
or transactions, forbearance or other similar transactions requires
specialized knowledge of the needs of the citizens of West Virginia
for credit for personal and commercial purposes and knowledge of the
availability of such credit at reasonable rates to the citizens of
this state while affording a competitive return to persons extending
such credit;
(2) Maximum charges on loans, credit sales or transactions,
forbearance or other similar transactions executed in this state
should be prescribed from time to time to reflect changed economic
conditions, current interest rates and finance charges throughout
the United States and the availability of credit within the state
in order to promote the making of such loans in this state; and
(3) The prescribing of such maximum interest rates and finance
charges can be accomplished most effectively and flexibly by a board
comprised of the heads of designated government agencies, university schools of business and administration and members of the public.
(b) In view of the foregoing findings, it is the purpose of
this section to establish the West Virginia Lending and Credit Rate
Board and authorize said board to prescribe semiannually the maximum
interest rates and finance charges on loans, credit sales or
transactions, forbearance or similar transactions made pursuant to
this section subject to the provisions, conditions and limitations
hereinafter set forth and to authorize lenders, sellers and other
creditors to charge up to the maximum interest rates or finance
charges so fixed. The rates prescribed by the board are alternative
rates and any creditor may utilize either the rate or rates set by
the board or any other rate or rates which the creditor is permitted
to charge under any other provision of this code.
(c) The West Virginia Lending and Credit Rate Board shall be
comprised of:
(1) The director of the Governor's office of Economic and
Community Development;
(2) The West Virginia State Treasurer;
(3) The West Virginia Banking Commissioner;
(4) The deans of the schools of business and administration at
Marshall University and West Virginia University;
(5) The Director of the Division of Consumer Protection of the
Attorney General's Office; and
(6) Three members of the public appointed by the Governor with
the advice and consent of the Senate. The members of the public shall be appointed for terms of six years each, and until their
successors are appointed and qualified; except that of the members
first appointed, one shall be appointed for a term of two years, one
for a term of four years and one for a term of six years. A member
who has served one full term of six years shall be ineligible for
appointment for the next succeeding term. Vacancies shall be filled
by appointment of the Governor with the advice and consent of the
Senate, or if any vacancy remains unfilled for three months, by a
majority vote of the board. The West Virginia Banking Commissioner
shall serve as chairperson of the board and the rate or rates set
by the board shall be determined by a majority vote of those members
of the board in attendance at the respective board meeting.
(d) The West Virginia Lending and Credit Rate Board is hereby
authorized and directed to meet after December 31, 1983, on the
first Tuesday of April and on the first Tuesday of October of each
year or more or less frequently as required by the circumstances and
to prescribe by order a maximum rate of interest and finance charge
for the next succeeding six months, effective on June 1 and on
December 1, for any loans, credit sales or transactions, forbearance
or similar transactions made pursuant to this section. In fixing
said maximum rates of interest and finance charge, the board shall
take into consideration prevailing economic conditions, including
the monthly index of long-term United States government bond yields
for the preceding calendar month, yields on conventional commercial
short-term loans and notes throughout West Virginia and throughout the United States and on corporate interest-bearing securities of
high quality, the availability of credit at reasonable rates to the
citizens of this state which afford a competitive return to persons
extending such credit and such other factors as the board may
determine.
(e) Any petition proposing a change in the prescribed maximum
rates of interest and finance charges must be filed in the office
of the Banking Commissioner no later than the February 15 in order
to be voted on at the board meeting on the first Tuesday of April
and no later than August 15 in order to be voted on at the board
meeting on the first Tuesday of October. Whenever any change in the
prescribed maximum rates of interest and finance charges is proposed
the board shall schedule a hearing, at least fifteen days prior to
the board meeting at which the proposed rates of interest and
finance charge will be voted on by the members of the board, and
shall give all interested parties the opportunity to testify and to
submit information at such public hearing that is relevant. Notice
of the scheduled public hearing shall be issued and disseminated to
the public at least twenty days prior to the scheduled date of the
hearing.
(f) The board shall prescribe by order issued not later than
April 20 and not later than October 20, in accordance with the
provisions of subsection (d) of this section the maximum rates of
interest and finance charge for the next succeeding six months for
any loan, credit sale, forbearance or similar transaction made pursuant to this section and shall cause such maximum rate of
interest and finance charge to be issued and disseminated to the
public, such maximum rate of interest and finance charge to be
effective on June 1 and December 1 for the next succeeding six
months.
(g) Notwithstanding the other provisions of this chapter, the
West Virginia Lending and Credit Rate Board shall not be required
to meet if no petition has been filed with the board requesting a
hearing and interest rates and economic conditions have not changed
sufficiently to indicate that any change in the existing rate order
would be required, and there are not at least two board members who
concur that a meeting of the board is necessary. If the board does
not meet, the maximum rates of interest and finance charges
prescribed by the board in the existing rate order shall remain in
full force and effect until the next time the board meets and
prescribes different maximum rates of interest and finance charges.
(h) If circumstances and economic conditions require, the
chairperson or any three board members, at any time, may call an
emergency interim meeting of the West Virginia Lending and Credit
Rate Board, at which time the chairperson shall give ten days'
notice of the scheduled emergency meeting to the public. All
interested parties shall have the opportunity to be heard and to
submit information at such emergency meeting that is relevant. Any
and all emergency rate board orders shall be effective within thirty
days from the date of such emergency meeting.
(i) Each member of the board, except those whose regular salary
is paid by the State of West Virginia, shall receive $75 per diem
while actually engaged in the performance of the duties of the
board. Each member shall be reimbursed for all reasonable and
necessary expenses actually incurred during the performance of their
duties, except that in the event the expenses are paid by a third
party the members shall not be reimbursed by the state. The
reimbursement shall be paid out of the special revenue account of
the Division of Banking upon a requisition upon the State Auditor,
properly certified by the Banking Commissioner.
(j) In setting the maximum interest rates and finance charges,
the board may set varying rates based on the type of credit
transaction, the term of transaction, the type of debtor, the type
of creditor and other factors relevant to determination of such
rates. In addition, the board may set varying rates for ranges of
principal balances within a single category of credit transactions.
(k) Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia lending and credit rate board shall
continue to exist until the first day of July, two thousand five.
NOTE: The purpose of this bill is to remove antiquated,
ineffective and nonimplemented sections from the code.
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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