Senate Bill No. 640

(By Senator Wooton)

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[Introduced February 21, 2000; referred to the Committee on Rules.]


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A BILL to repeal article one-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article ten, chapter four of said code by adding thereto two new sections, designated sections two-a and three-a; and to amend and reenact section three of said article, all relating to joint legislative committees; eliminating the joint committee on interstate cooperation; eliminating the joint commission on interstate cooperation; establishing by statute joint committees on the judiciary, finance, government organization and education; and transferring the duties and authority of the joint committee on government operations to the joint committee on government organization.

Be it enacted by the Legislature of West Virginia:
That article one-b, chapter twenty nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that article ten, chapter four of said code be amended by adding thereto two new sections; designated sections two-a and three-a; and that section three of said article be amended and reenacted, all to read as follows:
ARTICLE 1B. THE COMMISSION ON INTERSTATE COOPERATION.

§1. Repeal of article relating to the joint commission on interstate cooperation.

Article one-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, is hereby repealed.
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-2a. Joint standing committees established.
The joint standing committees on the judiciary, on finance, on government organization and on education are hereby established. The members of such joint standing committees shall consist of the members of the respective committees appointed to serve in each house. The co-chairs of such joint standing committees shall be the chairs of the respective standing committees as designated by the President of the Senate and the Speaker of the House of Delegates, respectively.
§4-10-3. Definitions.
As used in this article, unless the context clearly indicates a different meaning:
(1) "Agency" means any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity, however designated, in the state of West Virginia.
(2) "Committee" means the joint committee on government operations organization, hereinafter continued, to perform duties under this article.
(3) "Full performance evaluation" means to determine for an agency whether or not the agency is operating in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency, pursuant to the provisions of section ten of this article. References in this code to performance audit or full performance audit shall be taken as and shall mean full performance evaluation.
(4) "Preliminary performance review" means to determine for an agency whether or not the agency is performing in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency pursuant to the provisions of section eleven of this article.
(5) "Compliance monitoring and further inquiry update" means to determine for an agency whether or not the agency has complied with recommendations contained in a completed full performance evaluation or a completed preliminary performance review conducted pursuant to this article and that further inquiry into the operation of the agency may be conducted pursuant to the provisions of sections ten-a and eleven-a of this article.
§4-10-6a. Disposition of agency assets, equipment, and records after final termination.
Upon final termination pursuant to section six of this article and on or before the thirtieth day of June of the final year of the entity, the terminated entity shall file a report describing the disposition of assets and records with the secretary of the department of administration and the legislative auditor's performance evaluation and research division. The legislative auditor's performance evaluation and research division shall report to the joint committee on government operations organization the results of its review of the disposition of furniture, computers and other office equipment, program and personnel records and revenue of the agency. Furniture, computers and other office equipment of a terminated agency shall either be transferred to: (1) The secretary or commissioner of the department or bureau to which the agency is a part; or (2) the state agency for surplus property in the department of administration. All program and fiscal records shall be deposited with the division of administration and support services of the department of administration. The terminated agency's personnel records shall be accepted and stored by the division of personnel, without regard to civil service coverage of the employees of the terminated agency.
§4-10-8. Joint committee on government operations terminated; transfer of duties and authority to joint committee on government organization; compensation and expenses; meetings.
The joint committee on government operations, heretofore created, is hereby continued terminated, and the authority heretofore exercised by and duties assigned to that committee are transferred to the joint committee on government organization. All references in this code to the joint committee on government operations shall be construed to mean the joint committee on government organization. The committee shall be composed of five members of the Senate, to be appointed by the president thereof, no more than three of whom shall be appointed from the same political party; five members of the House of Delegates, to be appointed by the speaker thereof, no more than three of whom shall be appointed from the same political party: Provided, That in the event the membership of a political party is less than fifteen percent in the House of Delegates or Senate, that the membership of that political party from the legislative house with less than fifteen percent membership may be one from that house; and five citizens of this state who are not legislators, public officials or public employees, to be appointed by and to serve at the will and pleasure of the governor, not more than three of whom shall be appointed from the same political party, and at least one of whom shall reside in each congressional district of this state: Provided, That on the thirty-first day of March, one thousand nine hundred ninety- seven, the terms of the five current citizen members of the committee appointed under prior enactment of this section shall terminate, but all of those members shall be eligible for reappointment. On the first day of April, one thousand nine hundred ninety-seven, the governor shall make five new appointments. Of the five members appointed following enactment of this section, four shall be citizens of this state who are not legislators nor public officials and one shall be an elected representative of a political subdivision. Not more than three of those five members may be from the same political party, and at least one shall reside in each congressional district of this state. The committee shall be headed by two cochairpersons, one to be selected by the president of the Senate from the members appointed from the Senate, and one to be selected by the speaker of the House of Delegates from the members appointed from the House of Delegates. All members of the committee shall serve until their successors shall have been appointed as heretofore provided. Members of the committee shall receive such compensation and reimbursement for expenses in connection with performance of interim duties between regular sessions of the Legislature as may be authorized by the citizens legislative compensation commission established by section thirty-three, article six of the constitution of West Virginia. Each member of the committee who is not a legislative member shall receive such compensation as the legislative interim members receive, in addition to reimbursement for necessary expenses incurred in the performance of duties under this article, such reimbursement to be subject to the same limitations as govern the expenses of the legislative members of the committee. Compensation and expenses shall be paid from an appropriation to be made expressly for the committee, but if no such appropriation be made or the total amount appropriated has been expended, such expenses shall be paid from the appropriation under "Account No. 103 for Joint Expenses," but no expense of any kind whatever payable under said Account No. 103 for joint expenses shall be incurred unless first approved by the joint committee on government and finance. The committee shall meet upon call of the cochairpersons or either of them and may meet at any time, both during sessions of the Legislature and in the interim.

Note: The purpose of this bill is to abolish the joint committee and commission on interstate cooperation and to transfer the duties of the joint committee on government operations to the joint committee on government organization. The bill also statutorily creates joint committees on the judiciary, finance, government organization and education.