H. B. 4266
(By Mr. Speaker, Mr. Kiss, and Delegates Walters,
Trump, Webb, Beane, Cann and Browning)
[Introduced February 3, 2004; referred to the
Committee on Government Organization.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5F-4-1 and §5F-4-2,
all relating to requiring regulatory agencies of government,
with the exception of the division of motor vehicles and
professional licensing boards, to study ways to expedite the
issuance of licenses, permits and certificates and to file a
report with the Legislature with recommendations on how to
achieve greater expediency.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5F-4-1 and §5F-4-2,
all to read as follows:
ARTICLE 4. REGULATORY AGENCIES TO STUDY WAYS TO MORE
EXPEDITIOUSLY ISSUE PERMITS, LICENSES AND
RENEWAL PERMITS AND LICENSES.
§5F-4-1. Studies to be made; exceptions.
(a) Each state regulatory agency of government that issues
permits, licenses, or renewal of permits or licenses to
corporations, partnerships, individuals or other business entities,
as a mandatory prerequisite to the business entity engaging in
commercial activities, shall study, review and develop a plan for
expediting the issuance of permits, licenses or certificates, or
renewal of permits, licenses or certificates, which shall be
particularly focused on expediting the process for those business
entities that: (1) Are in good standing relative to payment of any
required business tax, workers' compensation or unemployment
compensation premium in the last two years; (2) have no major
deficiencies with regard to currently required permits, licenses or
certificates in the last two years; (3) have not engaged in
activities for which any claim of a major violation of any rule,
regulation or statute has ensued in the last two years; and (4) the
business entity has been conducting commercial activities in this
state for at least two years.
(b) The provisions of this article do not apply to the
division of motor vehicles under the authority of the department of
transportation. Nor do the provisions of this article apply to any
professional licensing board existing under the provisions of
chapter thirty of this code.
§5F-4-2. Regulatory agencies to report to Legislature.
Each
state regulatory agency of government to which section
one of this article applies, shall file a report setting forth its
respective study, review, plan and recommendations for legislation
to the joint committee on government and finance not later than one
year after the effective date of this article.
NOTE: The purpose of this bill is to
require regulatory
agencies of government, with the exception of the division of motor
vehicles and professional licensing boards, to study ways to
expedite the issuance of licenses, permits and certificates and to
file a report with the Legislature with recommendations on how to
achieve greater expediency.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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