COMMITTEE SUBSTITUTE

for

H. B. 2239(By Delegates Howell, Ellington, Arvon, Householder, R. Phillips,

Miller, Storch, Waxman, Summers and Rohrbach)

[Originating in the Committee on Government Organization.]

[February 27, 2015]

A BILL to amend and reenact §30-1-19 of the Code of West Virginia, 1931, as amended, relating to logistical advisory committee; setting forth a purpose of the committee; requiring participation from certain entities; providing for membership; providing the committee with certain authority; and requiring certain reporting.

Be it enacted by the Legislature of West Virginia:

            That §30-1-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-19. Combining board staff functions; creating a logistical advisory committee; and requiring annual reports.

            (a) Any board referred to in this chapter may combine administrative staff functions with any other board or boards referred to in this chapter, pursuant to the provisions of subsection (b) of this section, to carry out the administrative duties of the boards as set forth in this article, the practice acts of each board set forth in this chapter and the 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 a memorandum of understanding with the following provisions:

            (1) The names of the boards combining administrative staff functions;

            (2) The administrative staff functions being combined, including the staffs’ titles and duties relative to each board;

            (3) 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;

            (4) A description of how decisions will be made by the boards, including employment of staff, the staff’s functions and duties, and any other necessary decisions;

            (5) A description of how modifications may be made to the terms of the agreement; and

            (6) Any other provisions necessary to set forth the agreement of the boards.

            (c) The boards that combine administrative staff functions pursuant to this section, may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code, to make any necessary changes to facilitate the combining of administrative staff functions. The boards may also promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to correct any conflicts with a board’s current rules.

            (d) There is created a “Logistical Advisory Committee” of regulatory boards established pursuant to this chapter. The Secretary of Administration or his or her designee shall call the initial meeting to order and chair the meeting until the election of officers. The purpose of the advisory committee is to advise the boards on the efficiency and economies of scale that may result from the consolidation or sharing of technology, technology services and through shared contracting for professional recovery networks. The committee shall elect a chair and vice chair.

            (1) The committee shall meet at least twice each calendar year at the calling of the chair. Each board established pursuant to this chapter shall designate a representative who shall attend and represent his or her board on the committee.

            (2) The committee may evaluate information technology and make recommendations for boards in this chapter to share technology support services, consolidate technology functions, make recommendations to the Office of Technology, the Department of Administration, the Purchasing Division, the Secretary of State and the State Treasurer, regarding appropriate technology services to be provided to the boards.

            (3) The Office of Technology, the Department of Administration, the Purchasing Division, the Secretary of State and the State Treasurer shall cooperate with the committee and provide technical support to the committee and to the boards established pursuant to this chapter: Provided, That no agency, office or department may charge a fee to the committee or to the boards for advisory or support activities provided pursuant to this section.

            (4) The committee may evaluate professional recovery networks and make such recommendations to the boards established pursuant to this chapter, regarding consolidating recovery services, contracting for recovery services and recommending appropriate recovery services for the professionals licensed pursuant to this chapter.

            (5) On or before December 1 of each year, the committee shall provide a written report to the Secretary of the Department of Administration, the Joint Committee on Government Organization and to the Legislative Oversight Commission on Health and Human Resources Accountability. The report shall contain cost saving proposals that will benefit at least two or more boards. The committee may recommend other cost saving measures as the committee deems appropriate.