H. B. 2539
(By Delegates Morgan, Stephens,
Argento, Cann and C. Miller)
[Introduced February 17, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §30-1B-1, §30-1B-2
and §30-1B-3, all relating to authorizing professional
licensing boards to combine administrative staff functions;
requiring consultation with the office of the Attorney
General; requiring memoranda of understanding; and authorizing
emergency rules.
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 article, designated §30-1B-1, §30-1B-2 and
§30-1B-3, all to read as follows:
ARTICLE 1B. COMBINING ADMINISTRATIVE STAFF FUNCTIONS.
30-1B-1. Legislative intent.
It is the intent of the Legislature to encourage professional
licensing boards authorized under this chapter to combine administrative staff functions in order to provide services in a
cost effective manner.
§30-1B-2. Boards may combine staff functions; consultation with
Attorney General's office; memoranda of
understanding.
(a) Any board in this chapter may combine administrative staff
functions to carry out board duties to meet the statutory
requirements set forth in article one of this chapter and in the
practice acts and legislative rules of each board: Provided, That
each board retains responsibility for fulfilling its statutory
duties.
(b) Before combining administrative staff functions pursuant
to subsection (a) of this section, the boards shall, in
consultation with the office of the Attorney General, enter into
memoranda of understanding which, at a minimum, set forth the
following provisions:
(1) The identity of the staff and their titles and duties
relative to each board;
(2) The prorata share of expenses that each board will be
responsible for paying, including salaries, office rent, office
supplies, telephone, fax and computer services, travel expenses and
any other expenses anticipated by the boards;
(3) A description of how decisions will be made regarding the
employment of staff;
(4) A description of how modifications may be made to the
terms of the agreement; and
(5) Any other terms necessary to set forth the agreements of
the boards.
§30-1B-3. Emergency rules authorized to adjust license renewal
periods.
Notwithstanding any provision to the contrary in this chapter
or in the rules promulgated pursuant to this chapter, in order to
facilitate a smooth transition of administrative functions, the
boards which combine administrative staff functions pursuant to
this article are authorized to adjust licensure renewal periods,
and for this purpose may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code.
NOTE: The purpose of this bill is to authorize professional
licensing boards to combine administrative staff functions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
THIS BILL IS AN INTERIM BILL RECOMMENDED FOR PASSAGE BY THE
JOINT STANDING COMMITTEE ON GOVERNMENT ORGANIZATION.
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