H. B. 3195
(By Delegates Beane, Kuhn, Butcher, Martin, Perdue,
Leggett and Azinger)
(Originating in the Committee on Government Organization)
[February 25, 2003]
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 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.
(1)(2) On the first day of July, two thousand four: Division
of personnel; division of rehabilitation services; division of
labor; division of motor vehicles; department of environmental
protection; department of health and human resources; division of
natural resources; purchasing division within the department of
administration; school building authority; state police;
consolidated public retirement board; and workers' compensation.
(2)(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; investment
management board; and tourism functions within the development
office.
(3) On the first day of July, two thousand seven: Office of
health facilities licensure and certification within the department
of health and human resources.
(4) On the first day of July, two thousand nine: Office of
judges in workers' compensation.
§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 three: Office of judges
in workers' compensation.
On the first day of July, two thousand five: Division of
culture and history.
§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 risk 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 function of the division
of natural resources; office of water resources of the division
department 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 insurance board; capitol building commission; public
defender services; public employees insurance agency finance board;
office of explosives and blasting; workers' compensation appeal board; records management and preservation board; public energy
authority and public energy authority board; waste tire fund; 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; manufactured housing construction and safety board;
environmental quality board; commission for the deaf and hard-of-
hearing; public employees insurance agency; oral health program;
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; personal assistance services
program; contractor licensing board; and soil conservation
committee.
(9) On the first day of July, two thousand seven: Human rights
commission; office of coalfield community development; and state
geological and economic survey.
(10) On the first day of July, two thousand eight: Ethics
commission; public service commission; and marketing and
development division of department of agriculture.
(11) On the first day of July, two thousand nine: Driver's
licensing advisory board; West Virginia commission for national and
community service; membership in the southern regional education
board; bureau of senior services; oil and gas inspector's examining
board; and commission on holocaust education.
§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 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.
(2)(3) On the first day of July, two thousand four: Office of
the environmental advocate; and veterans' council.
(3)(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.
(1)(3) On the first day of July, two thousand four: Board of
examiners of land surveyors; board of landscape architects; board
of architects; real estate appraiser licensing and certification
board; and board of registration for foresters.
(2)(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.
(3)(5) On the first day of July, two thousand six: Board of
examiners in counseling; board of osteopathy; and board of
licensed dietitians.
(4)(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.
(5)(7) On the first day of July, two thousand eight: Nursing
home administrators board; board of hearing aid dealers; board of
pharmacy; and board of barbers and cosmetologists.
(6)(8) On the first day of July, two thousand nine: Board of
physical therapy; board of chiropractic examiners; and board of
occupational therapy.
(7)(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.
(8) On the first day of July, two thousand twelve: board of
examiners of psychologists.
(9) On the first day of July, two thousand fifteen: massage
therapy licensure board.
Note: The purpose of this bill is to change agency termination
dates.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.