H. B. 3361
(By Delegates Beane, Ennis, Butcher, Hatfield, Hunt, Iaquinta,
Martin, Perdue, Frich and Walters
)
(Originating in the Committee on Government Organization)
[March 28, 2005]
A BILL to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a
and §4-10-5b of the Code of West Virginia, 1931, as amended,
all relating to the West Virginia sunset law; terminating
agencies following full performance evaluations; terminating
agencies previously subject to full performance evaluations
following compliance monitoring and further inquiry updates;
terminating agencies following preliminary performance
reviews; terminating agencies previously subject to
preliminary performance reviews following compliance
monitoring and further inquiry updates; and terminating boards
created to regulate professions and occupations.
Be it enacted by the Legislature of West Virginia:
That §4-10-4, §4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the
Code of West Virginia, 1931, 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 five: Department
of tax and revenue; West Virginia public land corporation; office
of insurance commissioner; James "Tiger" Morton catastrophic
illness commission; department of health and human resources;
department of environmental protection; state police; school
building authority; consolidated public retirement board; workers'
compensation; and tourism functions within the development office.
(2) On the first day of July, two thousand six: Division of
Motor Vehicles; Department of Revenue; Department of Health and
Human Resources; Department of Environmental Protection; State
Police; Consolidated Public Retirement Board; and Workers'
Compensation.
(3) (2) On the first day of July, two thousand seven: Office
of Health Facilities Licensure and Certification within the
Department of Health and Human Resources; Development Office;
Parkways, Economic Development and Tourism Authority; Division of
Highways; and Division of Personnel; Office of the Insurance
Commissioner; and Division of Culture and History.
(4) (3) On the first day of July, two thousand eight:
Purchasing Division within the Department of Administration;
Division of Rehabilitation Services; Division of Corrections; Division of Labor; Investment Management Board; and Division of
Natural Resources.
(5) (4) On the first day of July, two thousand nine: Office
of Judges in Workers' Compensation; and Public Land Corporation.
§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 five: Division of
culture and history six: Tourism Commission within the Development
Office.
(2) On the first day of July, two thousand seven: School
Building Authority.
(3) On the first day of July, two thousand eight: James
"Tiger" Morton Catastrophic Illness Commission.
§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: Advisory
Council on Public Health; Governor's Office of Fiscal Risk Analysis
and Management.
(6) On the first day of July, two thousand four: Workers'
Compensation Appeal Board. and Public Energy Authority and Public
Energy Authority Board.
(7) On the first day of July, two thousand five: Health care
authority; Clean Coal Technology Council; manufactured housing
construction and safety board; commission for the deaf and
hard-of-hearing; oral health program; rural health advisory panel;
state board of risk and insurance management; and Steel Advisory
Commission and Steel Futures Program. public employees insurance
agency finance board; public defender services; 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; State Rail Authority; Office
of Explosives and Blasting; Waste Tire Fund; Real Estate
Commission; Care Home Advisory Board; Capitol Building Commission;
Records Management and Preservation Board; Public Employees
Insurance Agency; and Soil Conservation Committee; and Rural Health
Advisory Panel.
(9) On the first day of July, two thousand seven: Human
Rights Commission; Office of Coalfield Community Development; State
Fire Commission; Children's Health Insurance Board; Board of
Banking and Financial Institutions; Lending and Credit Rate Board;
Governor's Cabinet on Children and Families; and State Geological
and Economic Survey; and Public Energy Authority and Board.
(10) On the first day of July, two thousand eight: Ethics
Commission; Public Service Commission; Parks section and parks
function of the Division of Natural Resources; Office of Water
Resources of the Department of Environmental Protection; and
Marketing and Development Division of Department of Agriculture;
Public Defender Services; Health Care Authority; Public Employees
Insurance Agency Finance Board; and Design-Build Board.
(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; Division of Protective Services; Motorcycle Safety Awareness Board; and Commission on Holocaust Education; West Virginia
Prosecuting Attorneys Institute; and Commission for the Deaf and
Hard of Hearing.
(12) On the first day of July, two thousand ten: Meat
Inspection Program of the Department of Agriculture; Motor Vehicle
Dealers Advisory Board; Interstate Commission on Uniform State
Laws; Design-Build Board; Center for Professional Development
Board; State Rail Authority; and Interstate Commission on the
Potomac River Basin; and Bureau for Child Support Enforcement.
(13) On the first day of July, two thousand eleven:
Manufactured Housing Construction and Safety Standards Board.
§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 five six: Bureau
for child support enforcement State Board of Risk and Insurance
Management.
(3) On the first day of July, two thousand seven: Office of
the Environmental Advocate; Racing Commission; and Educational Broadcasting Authority; and Oral Health Program.
(4) On the first day of July, two thousand eight:
Environmental Quality Board; and Emergency Medical Services
Advisory Council.
(5) On the first day of July, two thousand ten: Veterans'
council; and Oil and Gas Conservation Commission.
§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 five: Board of
accountancy; board of veterinary medicine; acupuncture board; and
real estate appraiser licensing and certification board.
(2) On the first day of July, two thousand six: Board of
Examiners in Counseling; Board of Osteopathy; Board of Examiners of
Land Surveyors; Board of Dental Examiners; and Board of Licensed
Dietitians; Board of Examiners of Psychologists; and Real Estate Commission.
(3) (2) 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 Social Work Examiners; and
Board of Respiratory Care Practitioners; Board of Veterinary
Medicine; and Board of Accountancy.
(4) (3) On the first day of July, two thousand eight: Nursing
Home Administrators Board; Board of Hearing Aid Dealers; Board of
Pharmacy; Board of Medicine; and Board of Barbers and
Cosmetologists; and Board of Acupuncture.
(5) (4) On the first day of July, two thousand nine: Board of
Physical Therapy; Board of Chiropractic Examiners; Board of
Landscape Architects; and Board of Occupational Therapy.
(6) (5) 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; Board of Registration for Foresters; and Radiologic
Technology Board of Examiners.
(7) (6) On the first day of July, two thousand twelve: Board
of examiners of psychologists.
On the first day of July, two thousand thirteen: Real Estate
Appraiser Licensure and Certification Board.
(8) (7) On the first day of July, two thousand fourteen:
Board of Architects.
(9) (8) On the first day of July, two thousand fifteen: Massage Therapy Licensure Board.
NOTE: The purpose of this bill is to establish the sunset
schedule for the listed agencies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.