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Introduced Version House Bill 2539 History

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hb2539 intr
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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