WEST VIRGINIA LEGISLATURE
2024 SECOND EXTRAORDINARY SESSION
Introduced House Bill 239
By Delegates Hanshaw (Mr. Speaker) and Hornbuckle
(By Request of the Executive)
[Introduced on ; referred to the Committee on ]
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1 A BILL to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; to amend
2 and reenact §11B-1-2 of said code; to amend said code by adding thereto a new section,
3 designated §12-6A-8; and to amend and reenact §13-3-2, §13-3-3, §13-3-6, §13-3-7, §13-
4 3-9, and §13-3-12 of said code, all relating generally to the Municipal Bond Commission
5 governance; designating the State Treasurer as chairman of the commission; requiring the
6 chairman to appoint the chief administrative officer of the commission; requiring the State
7 Treasurer to provide office space and staff to support the commission; increasing the per
8 diem rate for members of the commission; allowing commission members to be
9 reimbursed for reasonable expenses; requiring the commission to produce quarterly
10 financial statements; requiring the commission to undergo an annual audit; providing for an
11 exemption from state purchasing; permitting the commission to conduct business via video
12 conferencing; authorizing the commission to enter into any existing contracts or
13 agreements with financial institutions; removing obsolete language; and making technical
14 corrections.
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 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;
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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;
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 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
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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;
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, independent agency within the Department of Arts, Culture,
49 and History, 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 a separate independent agency within the Executive Branch as the Department of
52 Arts, Culture, and History. All references throughout this code to the "Division of Culture and
53 History" mean the "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;
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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
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)(6) Women's Commission provided in §29-20-1 et seq. of this code; and
80 (2)(7) Bureau for Child Support Enforcement provided in §48-1-1 et seq. of this code.
81 (j)(i) 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;
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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;
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)(j) 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;
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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) (10) The Office of Tax Appeals provided in §11-10A-1 et seq. of this code; and
115 (12) (11) The State Athletic Commission provided in §29-5A-1 et seq. of this code.
116 (j)(k) 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)(l) Effective July 1, 2011, the Veterans' Council provided in §9A-1-1 et seq. of this code,
127 including all 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)(m) Except for powers, authority, and duties that have been delegated to the secretaries
130 of 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)(n) Except for powers, authority, and duties that have been delegated to the secretaries
133 of 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
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137 this chapter.
138 (p)(o) 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
142 division of a department so transferred and incorporated means a section of the appropriate
143 division of the department.
144 (q)(p) When an agency, board, or commission is transferred under a bureau or agency
145 other 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)(q) 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)(r) The Department of Tourism as established in §5B-2I-1 et seq. of this code is
154 continued as a separate independent agency within the Executive Branch.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 1. DEPARTMENT OF REVENUE.
§11B-1-2. Agencies, boards, commissions, divisions, and offices comprising the department of finance and revenue.
1 (a) There shall be in the Department of Revenue the following agencies, boards,
2 commissions, divisions, and offices, including all the allied, advisory, affiliated, or related entities
3 which are incorporated in and shall be administered as part of the Department of Revenue:
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4 (1) The Alcohol Beverage Control Commissioner provided for in W. Va. Code §11-16-1 et
5 seq., and W. Va. Code §60-1-1 et seq.;
6 (2) The Division of Banking provided for in article two, chapter thirty-one-a of this code;
7 (3) The board of banking and financial institutions provided for in article three, chapter
8 thirty-one-a of this code;
9 (4) The state budget office, heretofore known as the budget section of the Finance
10 Division, Department of Administration, previously provided for in article two, chapter five-a of this
11 code and now provided for in W. Va. Code §11B-2-1 et seq.;
12 (5) The agency of Insurance Commissioner provided for in W. Va. Code §33-2-1 et seq.;
13 (6) The lending and credit rate board provided for in W. Va. Code §47a-1-1 et seq.;
14 (7) The Lottery Commission and the position of lottery director provided for in W. Va. Code
15 §29-22-1 et seq.;
16 (8) The Municipal Bond Commission provided for in article three, chapter thirteen of this
17 code;
18 (9) (8) The office of tax appeals provided for in W. Va. Code §11-10a-1 et seq.;
19 (10) (9) The state athletic commission provided for in W. Va. Code §29-5a-1 et seq.;
20 (11) (10) The Tax Division provided for in W. Va. Code §11-1-1 et seq.; and
21 (12) (11) The West Virginia Racing Commission provided for in W. Va. Code §19-23-1 et
22 seq.
23 (b) The department shall also include any other agency, board, commission, division,
24 office, or unit subsequently incorporated in the department by the Legislature.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 6A. THE DEBT MANAGEMENT ACT OF 1991.
§12-6A-8. Treasurer as chair of Municipal Bond Commission, the state’s fiscal agent, to provide support to the Municipal Bond Commission.
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1 (a) The Treasurer sh