H. B. 4662
(By Delegates Douglas, Kuhn, Varner, Butcher,
Prunty, Leggett and Border)
(Originating in the Committee on Government Organization)
[February 26,2002]
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 to read
as follows:
§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)(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.
(3)(2) On the first day of July, two thousand four:
Division of personnel; division of rehabilitation services;
division of labor;
and workers' compensation.
(4)(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; 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.
(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 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)(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; 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; records
management and preservation board; public energy authority and
public energy authority board;
and environmental quality board.
(7)(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.
(8)(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.
(9)(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.
(10)(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 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)(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.
(4)(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 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)(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.
(4)(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.
(5)(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.
(6)(5) On the first day of July, two thousand six: Board of examiners in counseling; and board of examiners of psychologists.
(7)(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.
(8)(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.
(9)(8) On the first day of July, two thousand nine: Board
of physical therapy; board of chiropractic examiners; and board
of occupational therapy.
(10)(9) On the first day of July, two thousand ten:
Professional firefighters board; bBoard 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.