SB 553 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 553
(By Senators McCabe, Caruth, Bowman, Jenkins, Unger, Plymale and Foster)
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[Originating in the Committee on Government Organization;
reported February 25, 2008.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all relating to Permitting and Licensing Information Act; authorizing the Governor's Office of Technology to establish a permitting and licensing information system; legislative findings; definitions; authority and duties of the office; duties of agencies to provide permitting and licensing information; provision for failure to provide permitting and licensing information; reporting requirements; rule-making authority; and limitation.

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 §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all to read as follows:
ARTICLE 6A. PERMITTING AND LICENSING INFORMATION ACT.
§5A-6A-1. Short title.
Short title. -- This article may be known and cited as the Permitting and Licensing Information Act.
§5A-6A-2. Legislative findings.
(a) The Legislature finds that:
(1) Persons conducting business activities in this state are required to obtain permits and licenses from various agencies that regulate those activities;
(2) The efficiency of the permitting and licensing process is an integral component of effective government, business development and public participation; and
(3) It is in the public interest that the permitting and licensing process for business activities should be efficient and streamlined.
(b) Therefore, the Legislature declares that the permitting and licensing process for business activities be facilitated and coordinated by the Governor's Office of Technology.
§5A-6A-3. Definitions.
For the purposes of this article, the following words have the meaning assigned unless the context indicates otherwise:
(1) "Agency" means any board, department, division, authority, commission or other public entity that requires a permit or license to be obtained from the entity to conduct a business activity in this state.
(2) "Office" means the Governor's Office of Technology.
(3) "Permit" means any permit, license, authorization, certification, registration or other approval required to perform an activity.
§5A-6A-4. Permit and license information authority.

(a) The Legislature hereby authorizes the Governor's Office of Technology to facilitate and coordinate the permitting and licensing process for business activities in this state.
(b) The office has the following authority to:
(1) Establish a central permit and license information repository;
(2) Determine the type of information that each agency must submit in order to provide adequate information to the public regarding the permits and licenses needed for a particular business activity;
(3) Require state agencies and local agencies to provide their permit and license information, including the type and purpose of all permits and licenses the agency issues;
(4) Create an online permitting and licensing program monitored through the state web page; and
(5) Make recommendations to the Governor and the Legislature concerning the functionality of the central permit and license information repository to ensure its accessibility and reliability for use by agencies and the public.

§5A-6A-5. Duty of agencies to provide permitting and licensing information; development of permitting and licensing information repository.

(a) On or before the first day of October, two thousand eight, an agency that issues a permit and/or license shall:
(1) Identify itself to the office; and
(2) Provide the office with the type of permits and licenses the agency issues.
(b) On or before the first day of December, two thousand eight, the office shall establish, and provide to agencies that issue permits and licenses, the procedures and methods for submission of required permitting and licensing information for the permitting and licensing information repository.
(c) On or before the first day of February, two thousand nine, an agency that issues permits and licenses shall submit the required permitting and licensing information to the office in accordance with the procedures and methods established in this article.
(d) On or before the first day of July, two thousand nine, the office will create an internet-based, publicly accessible permitting and licensing information repository, in coordination with the state's e-government initiatives, that contains the following:
(1) A comprehensive detailed listing of the types of permits and licenses required for specific business activities;
(2) The purposes of the permits and licenses; and
(3) The agencies responsible for issuance of the permits and licenses , including the agency contact information.
(e) The permitting and licensing information repository shall allow individuals to obtain a listing of the types of permits and licenses required for specific business activities.
§5A-6A-6. Requirements for adopted, revised or terminated permitting or licensing information.

No later than thirty days prior to the effective date of the implementation, revision or termination of any permitting or licensing requirement, an agency, subject to the provisions of this article, is required to provide to the office the current information relating to a permit or license.

§5A-6A-7. Failure to provide permitting or licensing information.
The office may assess the reasonable costs associated with obtaining and preparing permitting and licensing information from an agency that fails to provide such information to the office or fails to cooperate with the office in a timely manner. An agency assessed costs under this section shall pay such costs in a timely manner.
§5A-6A-8. Reporting requirements.

Annually, by the thirtieth day of December, the office shall report to the Joint Committee on Government and Finance and the Governor the status of the permitting and licensing information repository and identify any agency that has failed to comply with the requirements of this article.
§5A-6A-9. Rule-making authority.
The office may propose rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code to effectuate the purpose and provisions of this article.
§5A-6A-10. Limitation.
Although this article creates a central permitting and licensing information repository, each agency shall continue to administer its own permitting and licensing procedures and charge and collect the appropriate fees.

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