ENROLLED
H. B. 4662
(By Delegates Douglas, Kuhn, Varner, Butcher,
Prunty, Leggett and Border)
[Passed March 9, 2002; in effect ninety days from passage.]
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. 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 three: Division
of culture and history; division of motor vehicles; division of
environmental protection; division of natural resources;
department of health and human resources; purchasing division
within the department of administration;
investment management
board;
and school building authority.
(2) On the first day of July, two thousand four: Division
of personnel; division of rehabilitation services; division of
labor;
and workers' compensation.
(3) On the first day of July, two thousand five: Parkways,
economic development and tourism authority; department of tax and
revenue; division of highways; division of corrections;
West
Virginia public land corporation; office of insurance
commissioner; James 'Tiger' Morton catastrophic illness
commission;
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:
(1) 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 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;
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; records management and preservation board;
public energy authority and public energy authority board;
and
environmental quality board.
(6) 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 board; parks section and parks functions
of the division of natural resources; office of water resources
of the division of environmental protection; division of
protective services; state rail authority; care home advisory
board; steel advisory commission and steel futures program;
children's health policy board; capitol building commission;
public defender services;
and interstate commission on the
Potomac River basin.
(7) 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; educational
broadcasting authority; clean coal technology council;
racing
commission; and emergency medical services advisory council.
(8) 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; whitewater
commission within the division of natural resources; unemployment
compensation; women's commission; and soil conservation
committee.
(9) On the first day of July, two thousand seven: Human
rights commission.
(10) On the first day of July, two thousand eight: Ethics
commission.
§4-10-5a. Termination of agencies previously subject to
preliminary performance reviews 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 preliminary
performance review:
(1) On the first day of July, two thousand: State building
commission.
(2) On the first day of July, two thousand three:
Commission for the deaf and hard-of-hearing;
state geological and
economic survey; public employees insurance agency; West Virginia
contractor licensing board;
personal assistance service program;
and public service commission.
(3) On the first day of July, two thousand four: Office of
the environmental advocate; and veterans' council.
(4) On the first day of July, two thousand five: Bureau for
child support enforcement.
§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 three: Board of
pharmacy; board of dental examiners; board of osteopathy; board
of examiners of psychologists; and massage therapy licensure
board.
(3) On the first day of July, two thousand four: Board of
examiners of land surveyors; board of landscape architects; board
of architects; and board of registration for foresters.
(4) 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.
(5) On the first day of July, two thousand six: Board of
examiners in counseling.
(6) 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.
(7) On the first day of July, two thousand eight: Nursing
home administrators board; board of hearing aid dealers; and
board of barbers and cosmetologists.
(8) On the first day of July, two thousand nine: Board of
physical therapy; board of chiropractic examiners; and board of
occupational therapy.
(9) On the first day of July, two thousand ten: Board of
registration for professional engineers; board of examiners for
registered professional nurses; board of examiners for licensed
practical nurses; board of examiners for speech language
pathology and audiology; and radiologic technology board of
examiners.