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Introduced Version House Bill 2361 History

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hb2361 intr
H. B. 2361


(By Delegate Stemple)
[Introduced February 15, 2005; 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 and reenact §16-4C-4 of said code, all relating to transferring the office of emergency medical services from the Department of Health and Human Resources to the Department of Military Affairs and Public Safety.

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 §16-4C-4 of said code be amended and reenacted, all to read as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.

§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and 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 and Public Employees Insurance Agency Advisory Board provided
in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided for 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) Education and State Employees Grievance Board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine of this code;
(6) Board of Risk and Insurance Management provided for 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; and
(11) Consolidated Public Retirement Board provided
in article ten-d, chapter five 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 transferred to and 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,
which includes
the Division of Tourism and the Tourism Commission 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; and
(6) Geological and Economic Survey provided
in article two, chapter twenty-nine of this code.
(c) The Economic Development Authority provided for 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 Board provided
in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) Bureau of Employment Programs provided
in article one, chapter twenty-one-a of this code is continued as an independent agency within the executive branch.
(f) Workers' Compensation Commission provided
in article one, chapter twenty-three of this code is continued as an independent agency within the executive branch.
(g) Bureau of Environment is abolished and the following agencies and boards, including all 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.
(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 transferred to and 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) Educational Broadcasting Authority provided
in article five, chapter ten of this code;
(3) Division of Culture and History provided
in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided
in section two, article ten-a, chapter eighteen 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 transferred to and incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided for in article eleven, chapter five of this code;
(2) Division of Human Services provided for in article two, chapter nine of this code;
(3) Bureau for Public Health provided for in article one, chapter sixteen of this code;
(4) Office of emergency medical services and advisory council thereto provided for in article four-c, chapter sixteen of this code;
(5) (4) Health Care Authority provided for in article twenty-nine-b, chapter sixteen of this code;
(6) (5) Commission on Mental Retardation provided for in article fifteen, chapter twenty-nine of this code;
(7) (6) Women's Commission provided for in article twenty, chapter twenty-nine of this code; and
(8) (7) The Child Support Enforcement Division provided for in chapter forty-eight 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 transferred to and incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided for in article one-a, chapter fifteen of this code;
(2) Armory Board provided for in article six, chapter fifteen of this code;
(3) Military Awards Board provided for in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided for in article two, chapter fifteen of this code;
(5) Office of Emergency Services and Disaster Recovery Board provided for in article five, chapter fifteen of this code and Emergency Response Commission provided for in article five-a of said chapter;
(6) Sheriffs' Bureau provided for in article eight, chapter fifteen of this code;
(7) Division of Corrections provided for in chapter twenty-five of this code;
(8) Fire Commission provided for in article three, chapter twenty-nine of this code;
(9) Regional Jail and Correctional Facility authority provided for in article twenty, chapter thirty-one of this code;
(10) Board of Probation and Parole provided for in article twelve, chapter sixty-two of this code; and
(11) Division of Veterans' Affairs and Veterans' Council provided for in article one, chapter nine-a of this code; and
(12) Office of Emergency Medical Services and Advisory Council thereto provided in article four-c, chapter sixteen 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 transferred to and incorporated in and administered as a part of the (1) Tax Division provided for in article one, chapter eleven of this code;
(2) Racing Commission provided for in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and Position of Lottery Director provided for in article twenty-two, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided for in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided for in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided for in article three, chapter thirty-one-a of this code;
(7) Lending and credit rate board provided for in chapter forty-seven-a of this code;
(8) Division of Banking provided for in article two, chapter thirty-one-a of this code;
(9)
The State Budget Office, formerly known as the budget section of the Finance Division, Department of Administration, previously provided for in article two, chapter five-a of this code and now provided for in article two of this chapter;
(10) The Municipal Bond Commission provided for in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided for in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided for in article five-a, chapter twenty-nine of this code.
(l) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are transferred to and incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided for in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided for in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided for in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided for in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided for in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided for in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided for in article sixteen-b, chapter seventeen of this code.
(m) 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 of the position of administrator and of the agency and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(n) 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 and all boards which are appellate bodies or were otherwise established to be independent decision makers will not have their appellate or independent decision-making status affected by the enactment of this chapter.
(o) Any department previously transferred to and incorporated in a department created in section two, article one of this chapter by prior enactment of this section in chapter three, Acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-nine, and subsequent amendments 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) 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.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

§16-4C-4. office of Emergency Medical Services created; staffing.
There is hereby created within state government under the commissioner of the bureau of public health Secretary of Military Affairs and Public Safety an office to be known as the office of emergency medical services. Upon transfer of the office to the Department of Military Affairs and Public Safety, whenever the term "Commissioner" is used in this article it means "Secretary."
The Commissioner may employ any technical, clerical, stenographic and other personnel as may be necessary to carry out the purposes of this article. The personnel may be paid from funds appropriated therefor or from other funds as may be made available for carrying out the purposes of this article.
The Office of Emergency Medical Services as created by former section four, article four-d of this chapter, shall continue in existence as the Office of Emergency Medical Services established by this section.

NOTE: The purpose of this bill is to transfer the Office of Emergency Medical Services from the Department of Health and Human Resources to the Department of Military Affairs and Public Safety.

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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