Senate Bill No. 32

(By Senator Snyder)

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[Introduced January 8, 2014; referred to the Committee on Government Organization.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the Legislative Auditor; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; reporting requirements; and terminating these fees on July 1, 2016.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §4-2-4a; and that said code be amended by adding thereto a new section, designated §30-1A-2a, all to read as follows:

CHAPTER 4. THE LEGISLATURE.

ARTICLE 2. LEGISLATIVE AUDITOR; POWERS; FUNCTIONS; DUTIES; COMPENSATION.

§4-2-4a. Authorizing Legislative Auditor to establish and charge fees for the sunrise application review process.

    (a) The Legislative Auditor may establish a graduated fee schedule related to the actual cost for the review of a sunrise application, under the provisions of article one-a, chapter thirty of this code.

    (b) The Legislative Auditor may collect, and the professional or occupational group or organization, an individual or board shall pay, the fee established by the Legislative Auditor for the review of a sunrise application.

    (c) The Legislative Auditor shall render to the professional or occupational group or organization, individual or board liable for the fee a statement of the fee as soon as practicable after the costs are incurred. The professional or occupational group or organization, an individual or board shall promptly pay in the manner that other claims and accounts are paid.

    (d) The money received by the Legislative Auditor from this source shall be expended only for the purpose of covering the costs associated with the review of a sunrise application, unless otherwise directed by the Legislature.

    (e) The Legislative Auditor shall report annually by January 1 to the Joint Committee on Government Organization the following:

    (1) The fees charged for the review of sunrise applications;

    (2) The professional or occupational group or organization, individual or board liable for the fee;

    (3) Whether the fees were paid promptly; and

    (4) Any other information required by the Joint Committee on Government Organization.

    (f) The provisions of this section terminate on July 1, 2016.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

§30-1A-2a. Fee schedule for sunrise application review process.

    (a) The Legislative Auditor may collect, and the professional or occupational group or organization, an individual or board shall pay, the fee established by the Legislative Auditor for the review of a sunrise application, established under the provisions of section four-a, article two, chapter four of this code.

    (b) The provisions of this section terminate on July 1, 2016.

    NOTE: The purpose of this bill is to allow the Legislative Auditor to charge an applicant for a review of a Sunrise application.

    All sections in this bill are new; therefore, strike-throughs and underscoring have been omitted.