H. B. 2758


(By Delegate Love)
[Introduced February 24, 1995; referred to the
Committee on Government Organization then
Finance.]



A BILL to amend and reenact section one, article two, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to transfer and incorporation of agencies and boards; funds; transferring to the division of motor vehicles all administrative duties which relate to motorcycles.

Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
ยง5F-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 such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of administration:
(1) Building commission provided for in article six, chapter five of this code;
(2) Public employees insurance agency and public employees insurance agency advisory board provided for in article sixteen, chapter five of this code;
(3) Council of finance and administration provided for in article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in article five, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided for in article twenty-nine, chapter eighteen and article six-a, chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty-three, chapter twenty-nine of this code;
(10) Public defender services provided for in article twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six, chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in article two, chapter six-b of this code; and
(13) Consolidated public retirement board provided for in article ten-d, chapter five of this code.
(b) The department of commerce, labor and environmental resources and the office of secretary of the department of commerce, labor and environmental resources are hereby abolished. For purposes of administrative support and liaison with the office of the governor, the following agencies and boards, including all allied, advisory and affiliated entities shall be grouped under three bureaus as follows:
(1) Bureau of commerce:
(A) Division of labor provided for in article one, chapter twenty-one of this code, which shall include:
(i) Occupational safety and health review commission provided for in article three-a, chapter twenty-one of this code;
(ii) Board of manufactured housing construction and safety provided for in article nine, chapter twenty-one of this code;
(B) Office of miners' health, safety and training provided for 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:
(i) Board of coal mine health and safety and coal mine safety and technical review committee provided for in article six, chapter twenty-two-a of this code;
(ii) Board of miner training, education and certification provided for in article seven, chapter twenty-two-a of this code; and
(iii) Mine inspectors' examining board provided for in article nine, chapter twenty-two-a of this code;
(C) The West Virginia development office provided for in article two, chapter five-b, which shall include:
(i) Enterprise zone authority provided for in article two-b, chapter five-b of this code;
(ii) Economic development authority provided for in article fifteen, chapter thirty-one of this code; and
(D) Division of tourism, which shall consist of those functions related to the promotion of the state's tourism provided for in article one, chapter five-b of this code;
(E) Division of natural resources and natural resources commission provided for in article one, chapter twenty of this code. The Blennerhassett Island historical state park provided for in article eight, chapter twenty-nine of this code shall be under the division of natural resources;
(F) Division of forestry provided for in article one-a, chapter nineteen of this code;
(G) Geological and economic survey provided for in article two, chapter twenty-nine of this code;
(H) Water development authority and board provided for in article one, chapter twenty-two-c of this code;
(2) Bureau of employment programs provided for in article one, chapter twenty-one-a of this code.
(3) Bureau of environment:
(A) Air quality board provided for in article five, chapter twenty-two of this code;
(B) Solid waste management board provided for in article three, chapter twenty-two of this code;
(C) Environmental quality board, or its successor board, provided for in article three, chapter twenty-two-b of this code;
(D) Division of environmental protection provided for in article one, chapter twenty-two of this code;
(E) Surface mine board of review provided for in article four, chapter twenty-two-b of this code;
(F) Oil and gas inspectors' examining board provided for in article seven, chapter twenty-two-c of this code;
(G) Shallow gas well review board provided for in article eight, chapter twenty-two-c of this code;
(H) Oil and gas conservation commission provided for in article nine, chapter twenty-two-c of this code.
(c) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of education and the arts:
(1) Library commission provided for in article one, chapter ten of this code;
(2) Educational broadcasting authority provided for in article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided for in article two, chapter eighteen-b of this code;
(4) Board of directors of the state college system provided for in article three, chapter eighteen-b of this code;
(5) Joint commission for vocational-technical-occupational education provided for in article three-a, chapter eighteen-b of this code;
(6) Division of culture and history provided for in article one, chapter twenty-nine of this code; and
(7) Division of rehabilitation services provided for in section two, article ten-a, chapter eighteen of this code.
(d) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be 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) Division of 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) Health care cost review authority provided for in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on aging provided for in article fourteen, chapter twenty-nine of this code;
(7) Commission on mental retardation provided for in article fifteen, chapter twenty-nine of this code; and
(8) Women's commission provided for in article twenty, chapter twenty-nine of this code.
(e) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be 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) Division of public safety provided for in article two, chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board provided for in article five and emergency response commission provided for in article five-a, chapter fifteen of this code;
(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.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven of this code;
(2) Appraisal control and review commission provided for in article one-a, chapter eleven of this code;
(3) Racing commission provided for in article twenty-three, chapter nineteen of this code;
(4) Lottery commission and position of lottery director provided for in article twenty-two, chapter twenty-nine of this code;
(5) Agency of insurance commissioner provided for in article two, chapter thirty-three of this code;
(6) Office of alcohol beverage control commissioner provided for in article sixteen, chapter eleven and article two, chapter sixty of this code;
(7) Division of professional and occupational licenses which may be hereafter created by the Legislature;
(8) Board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;
(9) Lending and credit rate board provided for in chapter forty-seven-a of this code; and
(10) Division of banking provided for in article two, chapter thirty-one-a of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of transportation:
(1) Road commission provided for in article two, chapter seventeen of this code;
(2) Division of highways provided for in article two-a, chapter seventeen of this code;
(3) Parkways, economic development and tourism authority provided for in article sixteen-a, chapter seventeen of this code;
(4) Division of motor vehicles provided for in article two, chapter seventeen-a of this code: Provided, That the administration of the operation of motorcycles shall remain with the division of motor vehicles;
(5) Driver's licensing advisory board provided for in article two, chapter seventeen-b of this code;
(6) Aeronautics commission provided for in article two-a, chapter twenty-nine of this code;
(7) State rail authority provided for in article eighteen, chapter twenty-nine of this code; and
(8) Port authority provided for in article sixteen-b, chapter seventeen of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the West Virginia Housing Development Fund:
(1) The municipal bond commission.
(i) Except for such powers, authority and duties as 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 shall may not be affected by the enactment of this chapter.
(j) Except for such powers, authority and duties as 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 such boards shall may not be affected by the enactment of this chapter, and all boards which are appellate bodies or were otherwise established to be independent decision makers shall may not have their appellate or independent decision-making status affected by the enactment of this chapter.
(k) 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 thereto, shall henceforth be read, construed and understood to mean a division of the appropriate department so created. Wherever elsewhere in this code, in any act, in general or other law, in any rule, or regulation or in any ordinance, resolution or order, reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, such reference shall henceforth be read, construed and understood to mean a division of the appropriate department so created, and any such reference elsewhere to a division of a department so transferred and incorporated shall henceforth be read, construed and understood to mean a section of the appropriate division of the department so created.
(l) 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 shall be construed to be solely for purposes of administrative support and liaison with the office of the governor, a department secretary, or a bureau. The bureaus created by the Legislature upon the abolishment of the department of commerce, labor and environmental resources in the year one thousand nine hundred ninety-four, shall be headed by a commissioner or other statutory officer of an agency within that bureau. Nothing in this section shall may be construed to extend the powers of department secretaries under section two of this article to any person other than a department secretary, and nothing herein shall may be construed to limit or abridge the statutory powers and duties of statutory commissioners or officers pursuant to this code. Upon the abolishment of the office of secretary of the department of commerce, labor and environmental resources, the governor may appoint a statutory officer serving functions formerly within that department to a position which was filled by the secretary ex officio.



NOTE: The purpose of this bill is to transfer to the division of motor vehicles the administration duties related to motorcycles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.