WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Committee Substitute for Senate Bill 865
By Senators Woodrum, Woelfel, Maroney, and Grady [Passed March 6, 2024; in effect from passage]
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1 AN ACT to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to
2 amend and reenact §29-1-1 of said code, all relating to adding the Educational
3 Broadcasting Commission as a section under the Department of Arts, Culture and History
4 as a separate, but not independent agency; changing the designation of the Division of
5 Culture and History as a separate independent agency to an agency within the Executive
6 Branch as the Department of Arts, Culture, and History; adding the Educational
7 Broadcasting Commission as one of the eight sections within the Department of Arts,
8 Culture, and History; and adding the Educational Broadcasting Council as one of the
9 citizen commissions existing within the Department of Arts, Culture, and History.
Be it enacted by the Legislature of West Virginia:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF
STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
1 (a) The following agencies and boards, including all of the allied, advisory, affiliated, or
2 related entities and funds associated with any agency or board, are incorporated in and
3 administered as a part of the Department of Administration:
4 (1) Public Employees Insurance Agency provided in §5-16-1 et seq. of this code;
5 (2) Governor's Mansion Advisory Committee provided in §5A-5-1 et seq. of this code;
6 (3) Commission on Uniform State Laws provided in §29-1A-1 et seq. of this code;
7 (4) West Virginia Public Employees Grievance Board provided in §6C-3-1 et seq. of this
8 code;
9 (5) Board of Risk and Insurance Management provided in §29-12-1 et seq. of this code;
10 (6) Boundary Commission provided in §29-23-1 et seq. of this code;
11 (7) Public Defender Services provided in §29-21-1 et seq. of this code;
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12 (8) Division of Personnel provided in §29-6-1 et seq. of this code;
13 (9) West Virginia Ethics Commission provided in §6B-2-1 et seq. of this code;
14 (10) Consolidated Public Retirement Board provided in §5-10D-1 et seq. of this code; and
15 (11) Real Estate Division provided in §5A-10-1 et seq. of this code.
16 (b) The following agencies and boards, including all of the allied, advisory, affiliated, or
17 related entities and funds associated with any agency or board, are incorporated in and
18 administered as a part of the Department of Commerce:
19 (1) Division of Labor provided in §21-1-1 et seq. of this code, which includes:
20 (A) Occupational Safety and Health Review Commission provided in §21-3A-1 et seq. of
21 this code; and
22 (B) Board of Manufactured Housing Construction and Safety provided in §21-9-1 et seq. of
23 this code.
24 (2) Office of Miners' Health, Safety, and Training provided in §22A-1-1 et seq. of this code.
25 The following boards are transferred to the Office of Miners' Health, Safety, and Training for
26 purposes of administrative support and liaison with the Office of the Governor:
27 (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review
28 Committee provided in §22A-6-1 et seq. of this code;
29 (B) Board of Miner Training, Education, and Certification provided in §22A-7-1 et seq. of
30 this code; and
31 (C) Mine Inspectors' Examining Board provided in §22A-9-1 et seq. of this code.
32 (3) Division of Natural Resources and Natural Resources Commission provided in §20-1-1
33 et seq. of this code;
34 (4) Division of Forestry provided in §19-1A-1 et seq. of this code;
35 (5) Geological and Economic Survey provided in §29-2-1 et seq. of this code;
36 (6) Workforce West Virginia provided in chapter 21A of this code, which includes:
37 (A) Division of Unemployment Compensation;
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38 (B) Division of Employment Service;
39 (C) Division of Workforce Development;
40 (D) Division of Research, Information and Analysis; and
41 (7) Division of Rehabilitation Services provided in §18-10A-1 et seq. of this code.
42 (c) The Economic Development Authority provided in §31-15-1 et seq. of this code is
43 continued as an independent agency within the executive branch.
44 (d) The Water Development Authority and the Water Development Authority Board
45 provided in §22C-1-1 et seq. of this code is continued as an independent agency within the
46 executive branch.
47 (e) The West Virginia Educational Broadcasting Authority provided in §10-5-1 et seq. of
48 this code is continued as a separate agency within the Department of Arts, Culture, and History,
49 which shall provide administrative support for the authority.
50 (f) The Division of Culture and History as established in §29-1-1 et seq. of this code is
51 continued as an agency within the Executive Branch as the Department of Arts, Culture, and
52 History. All references throughout this code to the “Division of Culture and History” mean the
53 “Department of Arts, Culture, and History”.
54 (g) The following agencies and boards, including all of the allied, advisory, and affiliated
55 entities, are transferred to the Department of Environmental Protection for purposes of
56 administrative support and liaison with the Office of the Governor:
57 (1) Air Quality Board provided in §22B-2-1 et seq. of this code;
58 (2) Solid Waste Management Board provided in §22C-3-1 et seq. of this code;
59 (3) Environmental Quality Board, or its successor board, provided in §22B-3-1 et seq. of
60 this code;
61 (4) Surface Mine Board provided in §22B-4-1 et seq. of this code;
62 (5) Oil and Gas Inspectors' Examining Board provided in §22C-7-1 et seq. of this code;
63 (6) Shallow Gas Well Review Board provided in §22C-8-1 et seq. of this code; and
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64 (7) Oil and Gas Conservation Commission provided in §22C-9-1 et seq. of this code.
65 (h) Subject to the provisions of §5F-2-1a of this code, the following agencies and boards,
66 including all of the allied, advisory, affiliated, or related entities and funds associated with any
67 agency or board, are incorporated in and administered as a part of the Department of Health:
68 (1) Human Rights Commission provided in §5-11-1 et seq. of this code;
69 (2) Bureau for Public Health provided in §16-1-1 et seq. of this code;
70 (3) Office of Emergency Medical Services and the Emergency Medical Service Advisory
71 Council provided in §16-4C-1 et seq. of this code;
72 (4) Health Care Authority provided in §16-29B-1 et seq. of this code;
73 (5) The Developmental Disabilities Council established by Executive Order No. 6-88 and
74 continued by Executive Order No. 15-99;
75 (i) Subject to the provisions of §5F-2-1a of this code, the following agencies and boards,
76 including all of the allied, advisory, affiliated, or related entities and funds associated with any
77 agency or board, are incorporated in, and administered as a part of, the Department of Human
78 Services:
79 (1) Women's Commission provided in §29-20-1 et seq. of this code; and
80 (2) Bureau for Child Support Enforcement provided in §48-1-1 et seq. of this code.
81 (j) The following agencies and boards, including all of the allied, advisory, affiliated, or
82 related entities and funds associated with any agency or board, are incorporated in and
83 administered as a part of the Department of Homeland Security:
84 (1) West Virginia State Police;
85 (2) Division of Emergency Management provided in §15-5-1 et seq. of this code and
86 Emergency Response Commission provided in §15-5A-1 et seq. of this code: Provided, That
87 notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule
88 promulgated thereunder, a reference is made to the Division of Homeland Security and
89 Emergency Management, it shall be construed to mean the Division of Emergency Management;
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90 (3) Division of Administrative Services;
91 (4) Division of Corrections and Rehabilitation;
92 (5) Fire Commission;
93 (6) State Fire Marshal;
94 (7) Board of Probation and Parole;
95 (8) The West Virginia Fusion Center;
96 (9) Division of Protective Services; and
97 (10) Any other agency or entity hereinafter established within the Department of Homeland
98 Security by an act of the Legislature.
99 (k) The following agencies and boards, including all of the allied, advisory, affiliated, or
100 related entities and funds associated with any agency or board, are incorporated in and
101 administered as a part of the Department of Revenue:
102 (1) Tax Division provided in §11-1-1 et seq. of this code;
103 (2) Racing Commission provided in §19-23-1 et seq. of this code;
104 (3) Lottery Commission and position of Lottery Director provided in §29-22-1 et seq. of this
105 code;
106 (4) Insurance Commissioner provided in §33-2-1 et seq. of this code;
107 (5) West Virginia Alcohol Beverage Control Commissioner provided in §11-16-1 et seq. of
108 this code and §60-2-1 et seq. of this code;
109 (6) Board of Banking and Financial Institutions provided in §31A-3-1 et seq. of this code;
110 (7) Lending and Credit Rate Board provided in §47A-1-1 et seq. of this code;
111 (8) Division of Financial Institutions provided in §31A-2-1 et seq. of this code;
112 (9) The State Budget Office provided in §11B-2-1 et seq. of this code;
113 (10) The Municipal Bond Commission provided in §13-3-1 et seq. of this code;
114 (11) The Office of Tax Appeals provided in §11-10A-1 et seq. of this code; and
115 (12) The State Athletic Commission provided in §29-5A-1 et seq. of this code.
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116 (l) The following agencies and boards, including all of the allied, advisory, affiliated, or
117 related entities and funds associated with any agency or board, are incorporated in and
118 administered as a part of the Department of Transportation:
119 (1) Division of Highways provided in §17-2A-1 et seq. of this code;
120 (2) Parkways Authority provided in §17-16A-1 et seq. of this code;
121 (3) Division of Motor Vehicles provided in §17A-2-1 et seq. of this code;
122 (4) Driver's Licensing Advisory Board provided in §17B-2-1 et seq. of this code;
123 (5) Aeronautics Commission provided in §29-2A-1 et seq. of this code;
124 (6) State Rail Authority provided in §29-18-1 et seq. of this code; and
125 (7) Public Port Authority provided in §17-16B-1 et seq. of this code.
126 (m) Effective July 1, 2011, the Veterans' Council provided in §9A-1-1 et seq. of this code,
127 including all of the allied, advisory, affiliated, or related entities and funds associated with it, is
128 incorporated in and administered as a part of the Department of Veterans' Assistance.
129 (n) Except for powers, authority, and duties that have been delegated to the secretaries of
130 the departments by §5F-2-2 of this code, the position of administrator and the powers, authority,
131 and duties of each administrator and agency are not affected by the enactment of this chapter.
132 (o) Except for powers, authority, and duties that have been delegated to the secretaries of
133 the departments by §5F-2-2 of this code, the existence, powers, authority, and duties of boards
134 and the membership, terms, and qualifications of members of the boards are not affected by the
135 enactment of this chapter. All boards that are appellate bodies or are independent decision makers
136 may not have their appellate or independent decision-making status affected by the enactment of
137 this chapter.
138 (p) Any department previously transferred to and incorporated in a department by prior
139 enactment of this section means a division of the appropriate department. Wherever reference is
140 made to any department transferred to and incorporated in a department created in §5F-1-2 of this
141 code, the reference means a division of the appropriate department and any reference to a
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142 division of a department so transferred and incorporated means a section of the appropriate
143 division of the department.
144 (q) When an agency, board, or commission is transferred under a bureau or agency other
145 than a department headed by a secretary pursuant to this section, that transfer is solely for
146 purposes of administrative support and liaison with the Office of the Governor, a department
147 secretary, or a bureau. Nothing in this section extends the powers of department secretaries under
148 §5F-2-2 of this code to any person other than a department secretary and nothing limits or
149 abridges the statutory powers and duties of statutory commissioners or officers pursuant to this
150 code.
151 (r) The Department of Economic Development as established in §5B-2-1 et seq. of this
152 code is continued as a separate independent agency within the Executive Branch.
153 (s) The Department of Tourism as established in §5B-2I-1 et seq. of this code is continued
154 as a separate independent agency within the Executive Branch.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-1. Division of Culture and History continued as the Department of Arts, Culture, and History; sections and commissions; purposes; definitions; effective date.
1 (a) The Division of Culture and History heretofore created is hereby continued as the
2 Department of Arts, Culture, and History. The Governor shall nominate and, by and with the advice
3 and consent of the Senate, appoint the Cabinet Secretary of Arts, Culture, and History, who shall
4 be the chief executive officer of the department and shall be paid an annual salary as provided in
5 §6-7-2a of this code. The secretary so appointed shall have: (1) A bachelor’s degree in one of the
6 fine arts, social sciences, library science, or a related field; or (2) four years’ experience in the
7 administration of museum management, public administration, arts, history, or a related field.
8 (b) The department shall consist of eight sections as follows:
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9 (1) The arts section;
10 (2) The archives and history section;
11 (3) The museums section;
12 (4) The historic preservation section;
13 (5) The state library section;
14 (6) The National Coal Heritage Area Commission;
15 (7) The administrative section; and
16 (8) The Educational Broadcasting Commission.
17 (c) The department shall also consist of four citizens commissions as follows:
18 (1) A Commission on the Arts;
19 (2) A Commission on Archives and History;
20 (3) A Library Commission; and
21 (4) An Educational Broadcasting Council.
22 (d) The secretary shall exercise control and supervision of the department and shall be
23 responsible for the projects, programs, and actions of each of its sections. The purpose and duty
24 of the department is to advance, foster, and promote the creative and performing arts and crafts,
25 including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify,
26 register, acquire, mark, and care for historical, prehistorical, archaeological, and significant
27 architectural sites, structures, and objects in the state; to encourage the promotion, preservation,
28 and development of significant sites, structures, and objects through the use of economic
29 development activities such as loans, subsidies, grants, and other incentives; to coordinate all
30 cultural, historical, and artistic activities in state government and at state-owned facilities; to
31 acquire, preserve, and classify books, documents, records, and memorabilia of historical interest
32 or importance; and, in general, to do all things necessary or convenient to preserve and advance
33 the arts, humanities, culture, and history of the state. In the furtherance of these purposes and
34 duties, the secretary shall report directly to the Governor as a secretary for both the intrinsic and
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35 extrinsic value for individuals, communities, and the economy of the arts, humanities, culture, and
36 history in West Virginia. As such, the secretary shall represent the Department of Arts, Culture,
37 and History as a full participating member in meetings of the secretaries of the departments
38 created in §5F-1-2 of this code that are convened at the call of the Governor.
39 (e) The department has jurisdiction and control and may set and collect fees for the use of
40 all space in the building presently known as the West Virginia Science and Culture Center,
41 including the deck and courtyards forming an integr