Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                 Introduced Senate Bill 421
    By Senators Deeds, Grady, Plymale, Takubo,
          Woodrum, Stuart, and Maroney [Introduced January 12, 2024; referred to the Committee on Health and Human Resources]
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  A BILL to the amend and reenact §4-10-8 of the Code of West Virginia, 1931, to amend and
         reenact §5-1E-1 and §5-1E-2 of said code; to repeal §5-5-4 of said code; to amend and
         reenact §5-6-4 of said code; to amend and reenact §5-10C-3 of said code; to amended and
         reenact of §5-14-3 and §5-14-5 of said code; to amend and reenact §5-16-2 and §5-16-18
         of said code; to amend and reenact §5-16B-1, §5-16B-2, §5-16B-4 and §5-16B-10 of said
         code; to amend and reenact §5-26-1 of said code; to amend and reenact §5-29-2 of said
         code; to amend and reenact §5A-1A-2 of said code; to repeal §5A-2-34 of said code; to
         amend and reenact §5A-3-1a and §5A-3-3b of said code; to amend and reenact §5B-2-15,
         to amend and reenact §5F-1-2; to amend and reenact §6-7-2a of said code; to amend and
        reenact §7-1-3a of said code; to amend and reenact §7-4-4 of said code; to amend and
        reenact §7-10-2, to amend and reenact §8-19-21 of said code; to amend and reenact §8A-
        1-2 of said code; to amend and reenact §9-1-2 of said code; to amend and reenact §9-2-
        6a, §9-2-10 and §9-2-13 of said code; to repeal §9-2-9 of said code; to amend and reenact
        §9-3-4, §9-3-5 §9-3-6 of said code; to amend and reenact §9-4A-2, §9-4A-2a, §9-4A-2b
        and §9-4A-4 of said code; to amend and reenact §9-4B-1 and §9-4B-4 of said code; to
        amend and reenact §9-4C-1, §9-4C-7 and §9-4C-8 of said code; to amend and reenact §9-
        4D-2 and §9-4D-9 of said code; to amend and reenact §9-5-5, §9-5-8b, §9-5-9, §9-5-11,
        §9-5-11a, §9-5-11b, §9-5-11c, §9-5-12a, §9-5-15, §9-5-16a, §9-5-19, §9-5-26, §9-5-27, §9-
        5-29 and §9-5-30 of said code; to repeal §9-5-25 of said code; to amend and reenact §9-6-
        1, §9-6-2, §9-6-9, §9-6-11 and §9-6-16 of said code; to amend and reenact §9-7-1, §9-7-2,
        §9-7-3, §9-7-4, §9-7-5, §9-7-6, §9-7-6a and §9-7-8 of said code; to amend and reenact §9-
        8-1 of said code; to amend and reenact §9-9-3, §9-9-16 and §9-9-21 of said code; to
        amend and reenact §9-10-1, §9-10-2 and §9-10-3 of said code; to repeal §9-10-6 of said
        code; to amend and reenact §11-10-5u of said code; to amend and reenact §11-13I-3 of
        said code; to amend and reenact §11-27-3 and §11-27-30 of said code; to amend and
        reenact §11B-2-15 of said code; to amend and reenact §12-3-10e of said code; to amend
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        and reenact §12-3A-4 and §12-3A-5 of said code; to amend and reenact §15-1E-76b of
        said code; to amend and reenact §15-1I-2 of said code; to amend and reenact §15-2-55 of
        said code; to amend and reenact §15-2C-1, §15-2C-2, §15-2C-4 and §15-2C-7 of said
        code; to amend and reenact §15-3D-3 of said code; to amend and reenact §15-12-2 of said
        code; to amend and reenact §15-13-2 and §15-13-5 of said code; to amend and reenact
        §15-14-5, §15-14-7 and §15-14-9 of said code; to amend and reenact §15A-4-11 and
        §15A-4-12 of said code; to amend and reenact §16-1-2 and §16-1-20 of said code; to
        amend and reenact §16-1A-1, §16-1A-2, §16-1A-3 and §16-1A-4 of said code; to amend
        and reenact §16-1C-1 and §16-1C-4 of said code; to amend and reenact §16-2-2 of said
        code; to amend and reenact §16-2B-1, §16-2B-2 and §16-2B-3 of said code; to amend and
        reenact §16-2D-2 and §16-2D-11 of said code; to amend and reenact §16-2H-2 of said
        code; to amend and reenact §16-3C-1 of said code; to amend and reenact §16-3D-2 of
        said code; to amend and reenact §16-4-1 of said code; to amend and reenact §16-4C-3,
        §16-4C-4 and §16-4C-24 of said code; to amend and reenact §16-4D-2 of said code; to
        amend and reenact §16-4E-2, §16-4E-4 and §16-4E-6 of said code; to amend and reenact
        §16-4F-1 and §16-4F-5 of said code; to amend and reenact §16-5-1 and §16-5-3 of said
        code; to amend and reenact §16-5A-5 of said code; to amend and reenact §16-5K-2, §16-
        5K-3, §16-5K-4 and §16-5K-6 of said code; to amend and reenact §16-5L-5, §16-5L-10,
        §16-5L-14 and §16-5L-15 of said code; to amend and reenact §16-5P-7 of said code; to
        amend and reenact §16-5Q-2 and §16-5Q-4 of said code; to amend and reenact §16-5R-3
        and §16-5R-4 of said code; to amend and reenact §16-5S-5 of said code; to amend and
        reenact §16-5T-2 and §16-5T-5 of said code; to amend and reenact §16-5CC-1 and §16-
        5CC-2 of said code; to amend and reenact §16-7-3 and §16-7-8 of said code; to amend
        and reenact §16-8-2 of said code; to amend and reenact §16-9A-7 of said code; to amend
        and reenact §16-22A-3 and §16-22A-4 of said code; to amend and reenact §16-22B-2 of
        said code; to amend and reenact §16-29B-2, §16-29B-3, §16-29B-5, §16-29B-12 and §16-
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        29B-25 of said code; to amend and reenact §16-29D-3, §16-29D-7 and §16-29D-8 of said
        code; to amend and reenact §16-29G-1a, and §16-29G-2 of said code; to amend and
        reenact §16-30-8 and §16-30-25 of said code; to amend and reenact §16-30C-13 of said
        code; to amend and reenact §16-32-2 of said code; to amend and reenact §16-33-2 of said
        code; to amend and reenact §16-34-2, §16-34-3, §16-34-5, §16-34-6, §16-34-9 and §16-
        34-13 of said code; to amend and reenact §16-37-2 and §16-37-4 of said code; to amend
        and reenact §16-38-3 of said code; to amend and reenact §16-42-1 of said code; to amend
        and reenact §16-44-2 of said code; to amend and reenact §16-48-5 and §16-48-6 of said
        code; to amend and reenact §16-50-1, to amend and reenact §16-53-1, §16-53-2 and §16-
        53-3 of said code; to amend and reenact §16-57-3 and §16-57-4 of said code; to amend
        and reenact §16-59-1 of said code; to amend and reenact §16A-2-1 of said code; to amend
        and reenact §16A-4-3 of said code; to amend and reenact §16A-15-6 of said code; to
        amend and reenact §17-2C-4 of said code; to amend and reenact §17-4A-3 of said code;
        to amend and reenact §17-28-10 of said code; to amend and reenact §17C-15-26 of said
        code; to amend and reenact §18-2-5b, §18-2-9 and §18-2-13h of said code; to amend and
        reenact §18-2K-2 of said code; to amend and reenact §18-5-15c of said code; to amend
        and reenact §18-5-42 and §18-5-44 of said code; to amend and reenact §18-5D-4 of said
        code; to amend and reenact §18-7B-2 of said code; to amend and reenact §18-10K-1 of
        said code; to amend and reenact §18-10M-6 of said code; to amend and reenact §18-20-
        11 of said code; to amend and reenact §18-21-1, §18-21-2, §18-21-3 and §18-21-4 of said
        code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18A-4-17 of
        said code; to amend and reenact §18B-10-7b of said code; to amend and reenact §18B-
        16-3 of said code; to amend and reenact §18C-3-1 of said code; to amend and reenact
        §19-1-7 of said code; to amend and reenact §19-11E-1 and §19-11E-17 of said code; to
        amend and reenact §19-12A-1a, §19-12A-2, §19-12A-5 and §19-12A-6 of said code; to
        amend and reenact §19-29-1 and §19-29-3 of said code; to amend and reenact §19-30-2
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         of said code; to amend and reenact §19-34-5 of said code; to amend and reenact §20-5J-
         2, §20-5J-3 and §20-5J-5 of said code; to amend and reenact §20-5K-2, §20-5K-3 of said
         code; to amend and reenact §21A-6-16 and §21A-6-17 of said code; to amend and reenact
         §22-5-9 of said code; to amend and reenact §22-15A-10 of said code; to amend and
         reenact §22-18-6 and §22-18-7 of said code; to amend and reenact §22-30-21 of said
         code; to amend and reenact §22C-3-4 of said code; to amend and reenact §24-2A-5 of
         said code; to amend and reenact §24-2C-4 of said code; to amend and reenact §27-1-7 of
         said code; to amend and reenact §27-1A-4, §27-1A-6 and §27-1A-12 of said code; to
         amend and reenact §27-2-1 of said code; to amend and reenact §27-2A-1 of said code; to
         amend and reenact §27-5-1, §27-5-1b, §27-5-2, §27-5-4, §27-5-9 and §27-5-11 of said
         code; to amend and reenact §27-6A-1 and §27-6A-12 of said code; to amend and reenact
         §29-12-5 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said
         code; to amend and reenact §29-20-1, §29-20-2, §29-20-3, §29-20-4 and §29-20-6 of said
         code; to amend and reenact §29-22A-19 of said code; to amend and reenact §29-30-8,
         §29-30-9 and §29-30-11 of said code; to amend and reenact §29-31-2 of said code; to
         amend and reenact §29-34-3 of said code; to amend and reenact §29-35-3 of said code; to
         amend and reenact §30-3-7 of said code; to amend and reenact §30-4-3 of said code; to
         amend and reenact §30-7B-4 of said code; to amend and reenact §30-30-16 and §30-30-
         30 of said code; to amend and reenact §31-15A-7 of said code; to amend and reenact
         §31A-2A-4 of said code; to amend and reenact §33-15B-3 of said code; to amend and
         reenact §33-25A-7b, §33-25A-9, §33-25A-17, §33-25A-18 §33-25A-27 and §33-25A-36 of
        said code; to amend and reenact §33-25B-6 of said code; to amend and reenact §33-25D-
        18, §33-25D-20 and §33-25D-29 of said code; to amend and reenact §33-46-18 of said
        code; to amend and reenact §33-54-2 of said code; to amend and reenact §33-55-1 of said
        code; to amend and reenact §33-56-1 of said code; to amend and reenact §33-59-1 of said
        code; to amend and reenact §44-16-3 of said code; to amend and reenact §44A-1-8, §44A-
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        1-9 and §44A-1-15 of said code; to amend and reenact §44A-2-2 of said code; to amend
        and reenact §44A-3-11 of said code; to amend and reenact §46A-6L-102 of said code; to
        amend and reenact §48-1-104, §48-1-206 and §48-1-236 of said code; to amend and
        reenact §48-2-701 and §48-2-702 of said code; to amend and reenact §48-9-209 of said
        code; to amend and reenact §48-11-105 of said code; to amend and reenact §48-14-102,
        §48-14-407, §48-14-413 and §48-14-414 of said code; to amend and reenact §48-17-101
        and §48-17-102 of said code; to amend and reenact §48-18-101, §48-18-118 and §48-18-
        126 of said code; to amend and reenact §48-19-103 of said code; to amend and reenact
        §48-22-104 of said code; to amend and reenact §48-23-301 of said code; to amend and
        reenact §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-501, §48-26-502 and
        §48-26-801 of said code; to amend and reenact §48-27-206 of said code; to amend and
        reenact §49-1-104, §49-1-106, §49-1-202, §49-1-206 and §49-1-208 of said code; to
        amend and reenact §49-2-106, §49-2-110a, §49-2-111a, §49-2-125, §49-2-301, §49-2-
        302, §49-2-303, §49-2-401, §49-2-502, §49-2-503, §49-2-504, §49-2-604, §49-2-605,
        §49-2-701, §49-2-708, §49-2-802, §49-2-803, §49-2-804, §49-2-813, §49-2-814, §49-2-
        901, §49-2-903, §49-2-906, §49-2-913, §49-2-1001, §49-2-1002, §49-2-1003, §49-2-
        1004, §49-2-1005 and §49-2-1006 of said code; to amend and reenact §49-4-104, §49-4-
        108, §49-4-112, §49-4-114, §49-4-202, §49-4-203, §49-4-401, §49-4-402, §49-4-403, §49-
        4-408, §49-4-501, §49-4-704, §49-4-705, §49-4-706, §49-4-711, §49-4-726, §49-4-801
        and §49-4-803 of said code; to amend and reenact §49-5-101 and §49-5-106 of said code;
        to amend and reenact §49-6-103, §49-6-105, §49-6-110, §49-6-113 and §49-6-116 of said
        code; to amend and reenact §49-7-102, §49-7-201, §49-7-202 and §49-7-204 of said
        code; to amend and reenact §49-8-1 of said code; to amend and reenact §51-2A-21 of said
        code; to amend and reenact §53-8-17 of said code; to amend and reenact §55-7B-9c of
        said code; to amend and reenact §55-19-3 of said code; to amend and reenact §60A-9-5
        and §60A-9-8 of said code; to amend and reenact §60A-11-1, §60A-11-2 and §60A-11-3 of
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        said code; to amend and reenact §61-2-14a, §61-2-14h and §61-2-29b of said code; to
        amend and reenact §61-7A-3 and §61-7A-4 of said code; to amend and reenact §61-8D-3
        and §61-8D-4 of said code; to amend and reenact §61-11-26a of said code; to amend and
        reenact §61-11A-6 of said code; to amend and reenact §61-12-12 of said code; to amend
        and reenact §61-14-7 of said code; to amend and reenact §62-1D-2 of said code; to amend
        and reenact §62-12-2 of said code; to amend and reenact §62-15B-1, all relating to
        renaming the Department of   Health and Human Resources.
      Be it enacted by the Legislature of West Virginia:
                                   CHAPTER 4. THE LEGISLATURE.
      ARTICLE                10.                PERFORMANCE                   REVIEW                ACT.
      §4-10-8.        Schedule of         departments for agency review.
         (a) Each department shall make a presentation, pursuant to the provisions of this article, to
  the joint standing committee and the committee during the first interim meeting after the regular
  session of the year in which the department is to be reviewed pursuant to the schedule set forth in
  subsection (b) of this section.
         (b) An agency review shall be performed on one or more agencies under the purview of
  each department at least once every seven years, as follows:
         (1) 2017: The Department of Revenue and the Department of Commerce;
         (2) 2018: The Department of Environmental Protection and the Department of Military
  Affairs and Public Safety;
         (3) 2019: The Department of Health and Human Resources Department of Human
 Services, the Department of Health, and the Department of Health Facilities, including the Bureau
  of Senior Services;
         (4) 2020: The Department of Transportation;
         (5) 2021: The Department of Administration;
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        (6) 2022: The Department of Education, the Higher Education Policy Commission and the
 West Virginia Council for Community and Technical College Education; and
        (7) 2023: The Department of Veterans' Assistance and the Department of Education and
 the Arts.
            CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
        GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
            BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
                       COMMISSIONS, OFFICES, PROGRAMS, ETC.
     ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.
     §5-1E-1. Findings and purposes.
         The Legislature finds and declares that the rise in obesity and related weight problems
  accompanied by the resulting incidence of chronic disease has created a health care crisis that
  burdens the health care infrastructure of the state. The Legislature also finds that the State of West
  Virginia must take an informed, sensitive approach to communicate and educate the citizens of the
  state about health issues related to obesity and inappropriate weight gain. The Legislature further
  finds that the state must take action to assist West Virginia citizens in engaging in healthful eating
  and regular physical activity. The Legislature further finds that the state must invest in research
  that improves understanding of inappropriate weight gain and obesity. These efforts are needed to
  coordinate the state's interest in improving the health of its citizens and in reducing the cost of
 health care. Therefore, it is the purpose of this article to create, as an integral part of the
 Department of Health and Human Resources Department of Health, an entity to coordinate the
 efforts of all agencies to prevent and remedy obesity and related weight problems and to ensure
 that all citizens are being educated on this serious health risk that is affecting the state.
     §5-1E-2. Creation of the Office of Healthy Lifestyles.
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            There is hereby created the Office of Healthy Lifestyles within the Department of Health
  and Human Resources Department of Health. The management of this office shall be provided in
  the manner determined by the Secretary of the Department of Health and Human Resources
  Department of Health to be in the best interest of the state and its citizens.
     ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
     §5-5-4.      Department of    Health and Human Resources salary adjustment.
            [Repealed]
     ARTICLE 6. STATE BUILDINGS.
     §5-6-4. Powers of commission.
            (a) The commission has the power:
            (1) To sue and be sued, plead, and be impleaded;
            (2) To have a seal and alter the same at pleasure;
            (3) To contract to acquire and to acquire, in the name of the commission or