HB 5364: Reforming Boards and Commissions - West Virginia

hb5364 sfa morris _1 3-8 adopted.htm → hb5364 sfat morris _1 3-5 adopted.htm · 6 edits

MODERATE

The bill was amended to shift the Public Land Corporation's functions and assets to the Division of Natural Resources and to eliminate several outdated boards and commissions. This consolidation aims to streamline government operations by removing expired or unnecessary committees while transferring specific duties, such as flood control management, to more appropriate agencies.

Scope change

The bill's scope was significantly reduced by repealing numerous sections related to expired boards and commissions, while expanding the scope of the Division of Natural Resources and the State Conservation Committee to include previously held functions.

SCOPE

Eliminated the Public Land Corporation and transferred its property and powers to the Division of Natural Resources.

Repealed the Employment First Taskforce and the Carbon Dioxide Sequestration Pilot Program Working Group.

REQUIREMENT

Repealed the Southern West Virginia Lake Development Study Commission Act and the West Virginia Council on Aging.

TIMELINE

Mandated that conservation districts transfer ownership and funding of flood control dams to the West Virginia Conservation Agency by July 1, 2026.

ELIGIBILITY

Repealed the West Virginia Motorsports Committee and the Tourism Advisory Council, replacing them with modified versions or eliminating them.

hb5364 hfa riley and phillips 3-3 _1 adopted.htm → hb5364 sfa morris _1 3-8 adopted.htm · 6 edits

MODERATE

This bill was significantly rewritten to reorganize the state's public land management structure by transferring the Public Land Corporation from the Department of Administration to the Division of Natural Resources. The changes also update various advisory boards and commissions, including expanding the West Virginia Motorsports Committee to include new racing categories and adjusting the size of the Tourism Advisory Council. Additionally, the bill clarifies that flood control dams must be transferred to the Conservation Agency by 2026 and extends the sunset date for autism-related tax benefits to 2027.

Scope change

The bill's scope shifted from a minor amendment regarding Ohio River royalties to a comprehensive restructuring of the Public Land Corporation and updates to multiple state agencies and advisory boards.

SCOPE

The Public Land Corporation was moved from the Department of Administration to the Division of Natural Resources, changing which agency manages state public lands.

TIMELINE

The transfer of public property formerly held by the Public Land Corporation is now scheduled to occur in 2026 instead of 2007.

The sunset date for the tax deduction related to autism trusts was extended from 2026 to 2027.

REQUIREMENT

Conservation districts are now required to transfer ownership and sponsorship of all flood control dams and related funds to the West Virginia Conservation Agency by July 1, 2026.

The West Virginia Motorsports Committee was expanded to include 18 members representing new racing categories such as drift racing, karting, and boat racing.

The Tourism Advisory Council membership was reduced from 16 to 11 members to better reflect current industry representation.

Committee Substitute → hb5364 hfa riley and phillips 3-3 _1 adopted.htm · 1 edit

MINOR

The document provided is a legislative record showing a failed amendment attempt rather than a final change to the bill. Delegate Riley proposed adding a new requirement to deposit royalties from state-owned gas, oil, and mineral rights beneath the Ohio River into a specific parks and recreation fund. This proposal was rejected by the committee, meaning the original text of the bill remains unchanged regarding these royalties.

FISCAL

A proposed amendment requiring royalties from Ohio River mineral rights to be deposited into the West Virginia Parks and Recreation Endowment Fund was rejected and will not be included in the final legislation.

Enrolled Committee Substitute → Committee Substitute · 27 edits

MAJOR

This bill significantly restructures the West Virginia government by eliminating numerous outdated, expired, or unnecessary boards and commissions, such as the Public Land Corporation and various Medicaid enhancement boards. The legislation transfers the remaining functions and assets of these eliminated entities to existing agencies like the Division of Natural Resources and the Department of Tourism, while also updating the composition and duties of several continuing councils to ensure they remain relevant and efficient.

Scope change

The bill's scope has been drastically reduced by repealing entire articles and sections of the Code of West Virginia that governed obsolete entities, while simultaneously modifying the scope of active agencies to absorb the duties of the eliminated bodies.

SCOPE

Eliminated the Public Land Corporation and its Board of Directors, transferring all public land titles, assets, and management duties to the Division of Natural Resources.

Repealed the Southern West Virginia Lake Development Study Commission Act, removing the legal framework for this specific study commission.

Eliminated multiple Medicaid Enhancement Boards (for physicians, dentists, ambulance services, and facility providers), shifting their responsibilities to the single state agency.

Repealed several advisory councils and taskforces related to health (Osteoporosis, Aging, Arthritis, Adverse Childhood Experiences, Hospice) and infrastructure (NG911, Carbon Dioxide Sequestration), ending their operations.

REQUIREMENT

Changed the membership composition of the Tourism Advisory Council, reducing the number of citizen members from twelve to nine and adjusting appointment requirements.

Replaced the West Virginia Motorsport Committee with a new, expanded committee that includes representatives for a wider variety of racing disciplines, while shifting its primary duties to the Tourism Advisory Council.

Eliminated the Flatwater Trail Commission and transferred its duties to the Tourism Advisory Council.

Repealed the Employment First Taskforce and the Technology-Related Assistance Revolving Loan Fund Board, transferring their powers to the Division of Rehabilitation Services.

Repealed the Juvenile Justice Reform Oversight Commission.

Repealed the Breast and Cervical Cancer Detection and Education Program Coalition and the Advisory Council on Statewide Birth Defects Information System.

Repealed the Commission to Implement NG911 in West Virginia.

Repealed the Carbon Dioxide Sequestration Pilot Program and Working Group.

Repealed the Hearing Impairment Testing Advisory Committee and the Working Group on Hospice Services.

Repealed the Advisory Committee on State Health Care Rules but retained the Secretary of Human Services' authority to make rules.

Repealed the Advisory Committee on Needlestick Injury Prevention Rules but retained the Commissioner of Public Health's authority to make rules.

Repealed the Advisory Council on Statewide Birth Defects Information System.

Repealed the State Advisory Coalition on Palliative Care Work Group.

Repealed the Taskforce on Infrastructure Deployment Clearinghouse.

Eliminated the Complete Streets Advisory Board but kept the Complete Streets Program under the Division of Highways.

Repealed the Employment First Taskforce.

Repealed the Carbon Dioxide Sequestration Pilot Program and Working Group.

Repealed the Commission to Implement NG911 in West Virginia.

Eliminated the Technology-Related Assistance Revolving Loan Fund Board and shifted its powers to the Division of Rehabilitation Services.

Repealed the Trusts for Children with Autism and the West Virginia Children with Autism Trust Board, though qualifying trusts established on or prior to December 31, 2026, may continue.

Repealed the Juvenile Justice Reform Oversight Commission.

Modified or eliminated various reporting requirements for affected boards and commissions.

TECHNICAL

Made general cleanup and technical changes in affected sections of the Code.

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Mar 30, 2026

MODERATE

This bill eliminates numerous outdated state boards and commissions, consolidating their functions into existing agencies like the Division of Natural Resources and the Department of Tourism. It specifically dissolves the Public Land Corporation, transferring its assets and authority to the Division of Natural Resources, and repeals several Medicaid enhancement boards. The legislation also updates the West Virginia Motorsports Committee to include modern racing categories and clarifies the authority of conservation districts regarding flood control dams.

Scope change

The bill significantly narrows the scope of state governance by removing the legal existence of over 30 specific boards, commissions, and councils that are deemed unnecessary or expired, shifting their responsibilities to other active state departments.

SCOPE

The Public Land Corporation is eliminated, and its property and powers are transferred to the Division of Natural Resources.

Multiple Medicaid enhancement boards for physicians, dentists, ambulance providers, and facility providers are repealed.

Various councils and task forces, including the West Virginia Council on Aging, the Interagency Council on Osteoporosis, and the Workgroup to Study Adverse Childhood Experiences, are repealed.

The Tourism Advisory Council is restructured to consist of 11 members, including ex officio representatives from the Departments of Economic Development and Transportation.

REQUIREMENT

The West Virginia Motorsports Committee composition is updated to include 18 specific categories of racing, including modern types like drift racing and remote control racing.

Conservation districts are mandated to transfer ownership and funding for flood control dams to the West Virginia Conservation Agency by July 1, 2026.

Introduced Version → Engrossed Committee Substitute · 10 edits · Mar 14, 2026

MAJOR

This bill fundamentally restructures West Virginia's government by eliminating numerous outdated, expired, or overly large boards and commissions. The primary changes involve transferring the powers and duties of these eliminated entities to more relevant state agencies, such as moving the Public Land Corporation to the Division of Natural Resources and the Motorsport Committee to the Tourism Advisory Council. Additionally, the bill repeals specific Medicaid enhancement boards and various health-related councils, while retaining the authority of department heads to issue necessary rules without needing these advisory committees.

Scope change

The bill significantly narrows the scope of state governance by removing the legal existence of approximately 40 specific boards, commissions, and councils, thereby reducing the number of independent state entities and centralizing authority within existing departments.

SCOPE

Eliminated the Public Land Corporation and its Board of Directors, transferring all property and duties to the Division of Natural Resources.

Repealed the West Virginia Motorsport Committee and shifted its responsibilities to the Tourism Advisory Council.

Eliminated the Southern West Virginia Lake Development Study Commission and the Flatwater Trail Commission, transferring their duties to the Tourism Advisory Council.

Repealed multiple Medicaid Enhancement Boards (Physician, General, Dentist, Ambulance, and Facility Providers) and the Interagency Council on Osteoporosis.

Repealed the West Virginia Council on Aging, the Interagency Council on Arthritis, and the Workgroup to Study Adverse Childhood Experiences.

Repealed the Technology-Related Assistance Revolving Loan Fund Board, shifting its powers and duties to the Division of Rehabilitation Services.

Repealed the Juvenile Justice Reform Oversight Commission.

REQUIREMENT

Modified the composition and appointment process for the Tourism Advisory Council, changing the number of members and their representation requirements.

Retained the Complete Streets Program but eliminated the Complete Streets Advisory Board, keeping the program under the Division of Highways.

TIMELINE

Established a sunset date of January 1, 2027, for the Trusts for Children with Autism, allowing qualifying trusts established on or prior to December 31, 2026, to continue.

Reforming Boards and Commissions

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