Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                  Introduced Senate Bill 126
 By Senators Trump, Deeds, Oliverio, Azinger, Stuart,
  Clements, Barrett, Phillips, Roberts, Swope, Grady,
  Tarr, Boley, Smith, Maynard, Rucker, Taylor, Weld,
          Hamilton, Maroney, and Woodrum [Introduced January 11, 2023]
     Intr SB 126
  A BILL to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended; to amend
         and reenact §5F-2-1 and §5F-2-2 of said code; to amend and reenact §6-7-2a of said
         code; to repeal §9-1-1 of said code; to amend and reenact §9-1-2 of said code; to amend
         and reenact §9-2-1 of said code; to repeal §9-2-1a of said code; to amend and reenact §9-
         2-2, §9-2-5, and §9-2-6, of said code; to repeal §9-2-9 of said code; to amend and reenact
         §9-2-13 of said code; to amend said code by adding thereto a new section designated, §9-
         2-14; to amend and reenact §16-1-2, §16-1-3, §16-1-4, and §16-1-6; to amend said code
         by adding thereto a new section designated, §16-1-22; to amend and reenact §26-1-1,
         §26-1-2, and §26-1-3; to amend said code by adding thereto a new section, designated
        §26-1-4; to repeal §26-3-1, §26-3-2, §26-3-3, §26-3-4, and §26-3-5 of said code; to repeal
        §26-5-1 of said code; to repeal §26-5A-5a of said code; to repeal §26-8-1, §26-8-2, and
        §26-8-3 of said code; to repeal §26-9-1 and §26-9-2 of said code; to repeal §26-10-1 of
        said code; to repeal §26-11-1, §26-11-2, §26-11-3, and §26-11-4 of said code; to repeal to
        amend and reenact §48-18-101 of said code; and to amend and reenact §49-1-106 of said
        code; all relating to reorganizing the Department of Health and Human Resources.
     Be it enacted by the Legislature of West Virginia:
       CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF
                                      STATE GOVERNMENT.
     ARTICLE 1. GENERAL PROVISIONS.
     §5F-1-2. Executive departments created.
         (a) There are created, within the executive branch of the state government, the following
  departments:
         (1) Department of Administration;
         (2) Department of Environmental Protection;
         (3) Department of Health; and Human Resources;
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          (4) Department of Homeland Security;
          (5) Department of Revenue;
          (6) Department of Transportation;
          (7) Department of Commerce;
         (8) Department of Veterans’ Assistance;
         (9) Department of Economic Development; and
         (10) Department of Tourism;
         (12) Department of Health Facilities; and
         (13) Department of Human Services.
         (b) Each department will be headed by a secretary appointed by the Governor with the
 advice and consent of the Senate. Each secretary serves at the will and pleasure of the Governor ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
     §5F-2-1. Transfer and incorporation of agencies and boards; funds.
          (a) The following agencies and boards, including all of the allied, advisory, affiliated, or
  related entities and funds associated with any agency or board, are incorporated in and
  administered as a part of the Department of Administration:
          (1) Public Employees Insurance Agency provided in §5-16-1 et seq. of this code;
          (2) Governor’s Mansion Advisory Committee provided in §5A-5-1 et seq. of this code;
          (3) Commission on Uniform State Laws provided in §29-1A-1 et seq. of this code;
          (4) West Virginia Public Employees Grievance Board provided in §6C-3-1 et seq. of this
  code;
          (5) Board of Risk and Insurance Management provided in §29-12-1 et seq. of this code;
         (6) Boundary Commission provided in §29-23-1 et seq. of this code;
         (7) Public Defender Services provided in §29-21-1 et seq. of this code;
         (8) Division of Personnel provided in §29-6-1 et seq. of this code;
         (9) West Virginia Ethics Commission provided in §6B-2-1 et seq. of this code;
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        (10) Consolidated Public Retirement Board provided in §5-10D-1 et seq. of this code; and
        (11) Real Estate Division provided in §5A-10-1 et seq. of this code.
        (b) The following agencies and boards, including all of the allied, advisory, affiliated, or
 related entities and funds associated with any agency or board, are incorporated in and
 administered as a part of the Department of Commerce:
        (1) Division of Labor provided in §21-1-1 et seq. of this code, which includes:
        (A) Occupational Safety and Health Review Commission provided in §21-3A-1 et seq. of
 this code; and
        (B) Board of Manufactured Housing Construction and Safety provided in §21-9-1 et seq. of
 this code.
        (2) Office of Miners’ Health, Safety, and Training provided in §22A-1-1 et seq. of this code.
 The following boards are transferred to the Office of Miners’ Health, Safety, and Training for
 purposes of administrative support and liaison with the Office of the Governor:
        (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review
 Committee provided in §22A-6-1 et seq. of this code;
        (B) Board of Miner Training, Education, and Certification provided in §22A-7-1 et seq. of
 this code; and
        (C) Mine Inspectors’ Examining Board provided in §22A-9-1 et seq. of this code.
        (3) Division of Natural Resources and Natural Resources Commission provided in §20-1-1
 et seq. of this code;
        (4) Division of Forestry provided in §19-1A-1 et seq. of this code;
        (5) Geological and Economic Survey provided in §29-2-1 et seq. of this code;
        (6) Workforce West Virginia provided in chapter 21A of this code, which includes:
        (A) Division of Unemployment Compensation;
        (B) Division of Employment Service;
        (C) Division of Workforce Development;
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        (D) Division of Research, Information and Analysis; and
        (7) Division of Rehabilitation Services provided in §18-10A-1 et seq. of this code.
        (c) The Economic Development Authority provided in §31-15-1 et seq. of this code is
 continued as an independent agency within the executive branch.
        (d) The Water Development Authority and the Water Development Authority Board
 provided in §22C-1-1 et seq. of this code is continued as an independent agency within the
 executive branch.
        (e) The West Virginia Educational Broadcasting Authority provided in §10-5-1 et seq. of
 this code is continued as a separate independent agency within the Department of Arts, Culture,
 and History, which shall provide administrative support for the authority.
        (f) The Division of Culture and History as established in §29-1-1 et seq. of this code is
 continued as a separate independent agency within the Executive Branch as the Department of
 Arts, Culture, and History. All references throughout this code to the "Division of Culture and
 History" means the "Department of Arts, Culture, and History".
        (g) The following agencies and boards, including all of the allied, advisory, and affiliated
 entities, are transferred to the Department of Environmental Protection for purposes of
 administrative support and liaison with the Office of the Governor:
        (1) Air Quality Board provided in §22B-2-1 et seq. of this code;
        (2) Solid Waste Management Board provided in §22C-3-1 et seq. of this code;
        (3) Environmental Quality Board, or its successor board, provided in §22B-3-1 et seq. of
 this code;
        (4) Surface Mine Board provided in §22B-4-1 et seq. of this code;
        (5) Oil and Gas Inspectors’ Examining Board provided in §22C-7-1 et seq. of this code;
        (6) Shallow Gas Well Review Board provided in §22C-8-1 et seq. of this code; and
        (7) Oil and Gas Conservation Commission provided in §22C-9-1 et seq. of this code.
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        (h) On December 1, 2023, the following agencies and boards, including all of the allied,
 advisory, affiliated, or related entities and funds associated with any agency or board, are
 incorporated in and administered as a part of the Department of Health and Human Resources
 Services:
        (1) Human Rights Commission provided in §5-11-1 et seq. of this code;
        (2) Bureau for Public Health provided in §16-1-1 et seq. of this code;
        (3) Office of Emergency Medical Services and the Emergency Medical Service Advisory
 Council provided in §16-4C-1 et seq. of this code;
        (4) Health Care Authority provided in §16-29B et seq. of this code;
        (5) State Commission on Intellectual Disability provided in §29-15-1 et seq. of this code;
        (6) Women’s Commission provided in §29-20-1 et seq. of this code; and
        (7) Bureau for Child Support Enforcement provided in §48-1-1 et seq. of this code
        (1) Bureau for Social Services;
        (2) Bureau for Medical Services;
        (3) Bureau for Child Support Enforcement provided in §48-1-1 et seq. of this code;
        (4) Bureau for Family Assistance;
        (5) Bureau for Behavioral Health; and
        (6) Office of Drug Control Policy.
        (i) On December 1, 2023, the following agencies and boards, including all of the allied,
 advisory, affiliated, or related entities and funds associated with any agency or board, are
 incorporated in and administered as a part of the Department of Health:
        (A) Bureau for Public Health:
        (B) Office of Emergency Medical Services and the Emergency Medical Service Advisory
 Council provided in §16-4C-1 et seq. of this code;
        (C) Office of the Chief Medical Examiner;
        (D) Office of Threat Preparedness;
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          (E) Office of the Inspector General;
          (i) Office of Health Facility Licensure and Certification;
          (ii) Board of Review;
          (iii) Foster Care Ombudsman;
          (iv) Olmstead Office;
          (v) Investigation and Fraud Management;
          (vi) Quality Control; and
          (vii) WV Clearance for Access: Registry and Employment Screening; and
          (F) Health Care Authority.
         (j) (1) By July 1, 2023, the following agencies and boards, including all of the allied,
 advisory, affiliated, or related entities and funds associated with any agency or board, are
 incorporated in and administered as a part of the Department of Health Facilities:
         (A) Hopemont Hospital;
         (B) Jackie Withrow Hospital;
         (C) John Manchin, Sr. Health Care Center;
         (D) Lakin Hospital;
         (E) Mildred Mitchell-Bateman Hospital;
         (F) Welch Community Hospital; and
         (G) William R. Sharpe Jr. Hospital.
         (2) If a bureau, office, board, commission or other state entity is not specifically organized
 in subsection (h) or subsection (i) of this section, the secretaries shall decide where the entity shall
 be placed within the organizational chart and provide a copy of the organizational chart to the
 Legislative Commission on Health and Human Resources Accountability by September 1, 2023.
 The changes made in this subsection, subsection (h) and subsection (i) effect the organizational
 structure and provides for which secretary is the final decision maker for the agencies within the
 department's organization.
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         (i) (k) The following agencies and boards, including all of the allied, advisory, affiliated, or
 related entities and funds associated with any agency or board, are incorporated in and
 administered as a part of the Department of Homeland Security:
         (1) West Virginia State Police;
         (2) Division of Emergency Management provided in §15-5-1 et seq. of this code and
 Emergency Response Commission provided in §15-5A-1 et seq. of this code: Provided, That
 notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule
 promulgated thereunder, a reference is made to the Division of Homeland Security and
 Emergency Management, it shall be construed to mean the Division of Emergency Management;
         (3) Division of Administrative Services;
         (4) Division of Corrections and Rehabilitation;
         (5) Fire Commission;
         (6) State Fire Marshal;
         (7) Board of Probation and Parole;
         (8) The West Virginia Fusion Center;
         (9) Division of Protective Services; and
         (10) Any other agency or entity hereinafter established within the Department of Homeland
 Security by an act of the Legislature.
         (j) (l) The following agencies and boards, including all of the allied, advisory, affiliated, or
 related entities and funds associated with any agency or board, are incorporated in and
 administered as a part of the Department of Revenue:
         (1) Tax Division provided in §11-1-1 et seq. of this code;
         (2) Racing Commission provided in §19-23-1 et seq. of this code;
         (3) Lottery Commission and position of Lottery Director provided in §29-22-1 et seq. of this
 code;
         (4) Insurance Commissioner provided in §33-2-1 et seq. of this code;
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        (5) West Virginia Alcohol Beverage Control Commissioner provided in §11-16-1 et seq. of
 this code and §60-2-1 et seq. of this code;
        (6) Board of Banking and Financial Institutions provided in §31A-3-1 et seq. of this code;
        (7) Lending and Credit Rate Board provided in §47A-1-1 et seq. of this code;
        (8) Division of Financial Institutions provided in §31A-2-1 et seq. of this code;
        (9) The State Budget Office provided in §11B-2-1 et seq. of this code;
        (10) The Municipal Bond Commission provided in §13-3-1 et seq. of this code;
        (11) The Office of Tax Appeals provided in §11-10A-1 et seq. of this code; and
        (12) The State Athletic Commission provided in §29-5A-1 et seq. of this code.
        (k) (m) The following agencies and boards, including all of the allied, advisory, affiliated, or
 related entities and funds associated with any agency or board, are incorporated in and
 administered as a part of the Department of Transportation:
        (1) Division of Highways provided in §17-2A-1 et seq. of this code;
        (2) Parkways Authority provided in §17-16A-1 et seq. of this code;
        (3) Division of Motor Vehicles provided in §17A-2-1 et seq. of this code;
        (4) Driver’s Licensing Advisory Board provided in §17B-2-1 et seq. of this code;
        (5) Aeronautics Commission provided in §29-2A-1 et seq. of this code;
        (6) State Rail Authority provided in §29-18-1 et seq. of this code; and
        (7) Public Port Authority provided in §17-16B-1 et seq. of this code.
        (l) (n) Effective July 1, 2011 The Veterans’ Council provided in §9A-1-1 et seq. of this code,
 including all of the allied, advisory, affiliated, or related entities and funds associated with it, is
 incorporated in and administered as a part of the Department of Veterans’ Assistance.
        (m) (o) Except for powers, authority, and duties that have been delegated to the secretaries
 of the departments by §5F-2-2 of this code, the position of administrator and the powers, authority,
 and duties of each administrator and agency are not affected by the enactment of this chapter.
        (n) (p) Except for powers, authority, and duties that have been delegated to the secretaries
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      Intr SB 126
 of the departments by §5F-2-2 of this code, the existence, powers, authority, and duties of boards
 and the membership, terms, and qualifications of members of the boards are not affected by the
 enactment of this chapter. All boards that are appellate bodies or are independent decision makers
 may not have their appellate or independent decision-making status affected by the enactment of
 this chapter.
         (o) (q) Any department previously transferred to and incorporated in a department by prior
 enactment of this section means a division of the appropriate department. Wherever reference is
 made to any department transferred to and incorporated in a department created in §5F-1-2 of this
 code, the reference means a division of the appropriate department and any reference to a
 division of a department so transferred and incorporated means a section of the appropriate
 division of the department.
         (p) (r) When an agency, board, or commission is transferred under a bureau or agency
 other than a department headed by a secretary pursuant to this section, that transfer is solely for
 purposes of administrative support and liaison with the Office of the Governor, a department
 secretary, or a bureau. Nothing in this section extends the powers of department secretaries under
 §5F-2-2 of this code to any person other than a department secretary and nothing limits or
 abridges the statutory powers and duties of statutory commissioners or officers pursuant to this
 code.
         (q) (s) The Department of Economic Development as established in §5B-2-1 et seq. of this
 code is