ENROLLED
H. B. 3241
(By Delegates Douglas, Kuhn, Varner, Butcher,
Manchin, Prunty and Leggett)
[Passed April 14, 2001; in effect July 1, 2001.]
AN ACT to amend and reenact sections four, four-a, five, five-a and
five-b, article ten, chapter four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
changing agency termination dates pursuant to the West
Virginia sunset law.
Be it enacted by the Legislature of West Virginia:
That sections four, four-a, five, five-a and five-b, article
ten, chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-4. Termination of agencies following full performance
evaluations.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a full performance
evaluation has been conducted upon the agency:
(1) On the first day of July, two thousand two: Division of highways; division of labor; department of health and human
resources; division of natural resources; and division of
corrections.
(2) On the first day of July, two thousand three: Division of
culture and history; division of motor vehicles; division of
environmental protection; and school building authority.
(3) On the first day of July, two thousand four: Division of
personnel; division of rehabilitation services; and workers'
compensation.
(4) On the first day of July, two thousand five: Parkways,
economic development and tourism authority; department of tax and
revenue; and tourism functions within the development office.
§4-10-4a. Termination of agencies previously subject to full
performance evaluations following compliance
monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a full performance
evaluation:
On the first day of July, two thousand two: Purchasing
division within the department of administration.
On the first day of July, two thousand three: Office of judges
in workers' compensation.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a preliminary
performance review has been conducted upon the agency:
(1) On the first day of July, one thousand nine hundred
ninety-six: Juvenile facilities review panel.
(2) On the first day of July, one thousand nine hundred
ninety-seven: Public employees insurance agency advisory board;
cable television advisory board.
(3) On the first day of July, one thousand nine hundred
ninety-nine: Tree fruit industry self improvement assessment
program.
(4) On the first day of July, two thousand: Terms of family
law master and family law master system.
(5)On the first day of July, two thousand two: Whitewater
commission within the division of natural resources; state
geological and economic survey; unemployment compensation; public
employees insurance agency; personal assistance service program;
records management and preservation board; office of water
resources of the division of environmental protection; facilities
protection division; West Virginia contractor licensing board;
women's commission; ethics commission; veterans' council;
educational broadcasting authority; division of protective
services; investment management board and state rail authority.
(6) On the first day of July, two thousand three: Driver's
licensing advisory board; West Virginia commission for national and
community service; West Virginia's membership in the southern regional education board; bureau of senior services; public
employees insurance agency finance board; state police; oil and gas
inspector's examining board; advisory council on public health;
office of explosives and blasting; office of coalfield community
development; workers' compensation appeal board; care home advisory
board; holocaust education commission; governors' office of fiscal
analysis and management; marketing and development division of the
department of agriculture; manufactured housing construction and
safety board; and environmental quality board.
(7) On the first day of July, two thousand four: Meat
inspection program of the department of agriculture; state board of
risk and insurance management; real estate commission; rural health
advisory panel; state fire commission; motorcycle safety awareness
board; motor vehicle dealers advisory board; interstate commission
on uniform state laws; design-build board; center for professional
development and interstate commission on the Potomac River basin.
(8) On the first day of July, two thousand five: Board of
banking and financial institutions; lending and credit rate board;
governor's cabinet on children and families; oil and gas
conservation commission; health care authority; and emergency
medical services advisory council.
(9) On the first day of July, two thousand six: Family
protection services board; medical services fund advisory council;
West Virginia stream partners program; Ohio River valley water
sanitation commission; state lottery commission; and soil
conservation committee.
(10) On the first day of July, two thousand seven: Human
rights commission.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews following
compliancemonitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no
agency terminates under this section unless a compliance monitoring
and further inquiry update has been completed on the agency
subsequent to the prior completion of a preliminary performance
review:
(1) On the first day of July, two thousand: State building
commission.
(2) On the first day of July, two thousand two: Capitol
building commission; racing commission; bureau for child support
enforcement; parks section and parks functions of the division of
natural resources; and public defender services.
(3) On the first day of July, two thousand three: Commission
for the deaf and hard-of-hearing; and public service commission.
(4) On the first day of July, two thousand four: Office of the
environmental advocate.
§4-10-5b. Termination of boards created to regulate professions
and occupations.
(a) The legislative auditor shall evaluate each board created
under chapter thirty of this code to regulate professions and
occupations, at least once every twelve years. The evaluation
shall assess whether the board complies with the policies and provisions of chapter thirty of this code and other applicable laws
and rules, whether the board follows a disciplinary procedure which
observes due process rights and protects the public interest, and
whether the public interest requires that the board be continued.
(b) The following boards terminate on the date indicated, but
no board terminates under this section unless a regulatory board
evaluation has been conducted upon the board:
(1) On the first day of July, two thousand one: board of
licensed dietitians.
(2) On the first day of July, two thousand two: Board of
examiners for speech language pathology and audiology; board of
examiners for registered practical nurses; board of examiners for
licensed practical nurses; and board of architects.
(3) On the first day of July, two thousand three: Board of
pharmacy; board of dental examiners; board of osteopathy; and
massage therapy licensure board.
(4) On the first day of July, two thousand four: Board of
examiners of land surveyors; board of landscape architects; and
board of registration for foresters.
(5) On the first day of July, two thousand five: Board of
social work examiners; board of accountancy; board of veterinary
medicine; acupuncture board; and board of medicine.
(6) On the first day of July, two thousand six: Board of
examiners in counseling; and board of examiners of psychologists.
(7) On the first day of July, two thousand seven: Board of
registration for sanitarians; board of embalmers and funeral directors; board of optometry; and board of respiratory care
practitioners.
(8) On the first day of July, two thousand eight: Nursing
home administrators board; board of hearing aid dealers; and board
of barbers and cosmetologists.
(9) On the first day of July, two thousand nine: Board of
physical therapy; board of chiropractic examiners; and board of
occupational therapy.
(10) On the first day of July, two thousand ten: Professional
firefighters board; board of registration for professional
engineers; and radiologic technology board of examiners.