ENROLLED
H. B. 4849
(By Delegates Beane, Ennis, Barker, Iaquinta, Martin, Yost,
Walters, Frich and Porter)
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT 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 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;
Division of Personnel; Office of the Insurance Commissioner;
Division of Culture and History; Department of Revenue; Department
of Health and Human Resources; Department of Environmental
Protection; and State Police.
(2) 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; Division of Natural Resources;
and Consolidated Public Retirement Board.
(3) On the first day of July, two thousand nine: Office of
Judges in Workers' Compensation; and Public Land Corporation.
(4) On the first day of July, two thousand twelve: Division of
Motor Vehicles.
§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 seven: School
Building Authority; and Tourism Commission within the Development
Office.
(2) 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.
(7) On the first day of July, two thousand five: Clean Coal
Technology Council; and Steel Advisory Commission and Steel Futures
Program.
(8) On the first day of July, two thousand six: Medical
Services Fund Advisory Council; Care Home Advisory Board;
(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; State Geological and Economic
Survey; Public Energy Authority and Board; Ron Yost Personal
Assistance Services Program; Records Management and Preservation
Board; Public Employees Insurance Agency; Office of Explosives and
Blasting; Waste Tire Fund; West Virginia Stream Partners Program;
Ohio River Valley Water Sanitation Commission; State Lottery
Commission; Whitewater Commission within the Division of Natural
Resources; and Contractor Licensing 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; Marketing
and Development Division of Department of Agriculture; Public
Defender Services; Health Care Authority; Public Employees Insurance Agency Finance Board; West Virginia Prosecuting Attorneys
Institute; 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; Commission on Holocaust Education; Commission for the Deaf
and Hard of Hearing; and Rural Health Advisory Panel.
(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; Center for Professional Development Board; 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; State
Board of Risk and Insurance Management; and State Rail Authority.
(14) On the first day of July, two thousand twelve: Family
Protection Services Board; State Conservation Committee; and
Women's 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 seven: Office of
the Environmental Advocate; Racing Commission; Educational
Broadcasting Authority; and Oral Health Program.
(3) On the first day of July, two thousand eight:
Environmental Quality Board; and Emergency Medical Services
Advisory Council.
(4) On the first day of July, two thousand nine: Capitol
Building Commission.
(5) On the first day of July, two thousand ten: Veterans'
council; Oil and Gas Conservation Commission; and Unemployment
Compensation.
§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 seven: Board of
Registration for Sanitarians; Board of Embalmers and Funeral
Directors; Board of Optometry; Board of Social Work Examiners;
Board of Respiratory Care Practitioners; Board of Veterinary
Medicine; and Board of Accountancy; and Board of Examiners of
Psychologists.
(2) On the first day of July, two thousand eight: Nursing Home
Administrators Board; Board of Hearing Aid Dealers; Board of
Pharmacy; Board of Medicine; Board of Barbers and Cosmetologists;
and Board of Acupuncture; Board of Licensed Dietitians; Board of
Examiners in Counseling; and Board of Dental Examiners.
(3) On the first day of July, two thousand nine: Board of
Physical Therapy; Board of Chiropractic Examiners; Board of
Landscape Architects; Board of Occupational Therapy; and Real
Estate Commission; and Board of Osteopathy.
(4) 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.
(5) On the first day of July, two thousand eleven: West
Virginia Board of Professional Surveyors.
(6) On the first day of July, two thousand thirteen: Real
Estate Appraiser Licensure and Certification Board.
(7) On the first day of July, two thousand fourteen: Board of
Architects.
(8) On the first day of July, two thousand fifteen: Massage
Therapy Licensure Board.