H. B. 3241
(By Delegates Douglas, Kuhn, Varner, Butcher,
Manchin, Prunty and Leggett)
(Originating in the Committee on Government Organization)
[April 3, 2001]
A BILL 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 shall be terminated terminate on the
date indicated, but no agency may be terminated terminates under this section unless a full performance evaluation has been
conducted upon such the agency:
(1) On the first day of July, two thousand one: Purchasing
division within the department of administration; division of motor
vehicles; division of environmental protection; department of
health and human resources; and department of tax and revenue.
(1)(2) On the first day of July, two thousand two: Division
of highways; division of labor; purchasing division within the
department of administration; department of health and human
resources; bureau of senior services; division of natural
resources; and division of corrections.
(2)(3) 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)(4) On the first day of July, two thousand four: Division
of personnel; division of rehabilitation services; and workers'
compensation.
(4)(5) 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 shall be terminated terminate on the
date indicated, but no agency may be terminated 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 one three: Office of
judges in workers' compensation.
§4-10-5. Termination of agencies following preliminary performance
reviews.
The following agencies shall be terminated terminate on the
date indicated, but no agency may be terminated terminates under
this section unless a preliminary performance review has been
conducted upon such 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; motorcycle safety and education committee.
(5) On the first day of July, two thousand one: Real estate
commission; public employees insurance agency; public employees
insurance agency finance board; rural health advisory panel; oil
and gas conservation commission; state fire commission; state
police; and motor vehicle dealers advisory board.
(5)(6) 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; office of explosives and blasting; office of coalfield
community development; motorcycle safety standards and education
committee; and state rail authority.
(6)(7) 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; real estate commission; public employees
insurance agency finance board; state police; oil and gas inspector's examining board; advisory council on public health;
marketing and development division of the department of
agriculture; manufactured housing construction and safety board;
and environmental quality board.
(7)(8) On the first day of July, two thousand four: Meat
inspection program of the department of agriculture; state board of
risk and insurance management; 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)(9) 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)(10) 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 shall be terminated terminate on the
date indicated, but no agency may be terminated 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 one: State lottery
commission; public service commission; oil and gas inspector's
examining board; office of water resources of the division of
environmental protection; and human rights commission.
(2)(3) 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; public defender services and investment
management board.
(3)(4) On the first day of July, two thousand three:
Commission for the deaf and hard-of-hearing; and public service
commission.
(4)(5) 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 shall be terminated terminate on the
date indicated, but no board may be terminated 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
accountancy; board of architects; massage therapy licensure board;
board of licensed dietictians; board of medicine.
(2) On the first day of July, two thousand two: Board for
respiratory care; bBoard 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; and acupuncture board.
(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; board of respiratory care
practitioners; and board of medicine.
(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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.