Section 5F-2-1 - Transfer and incorporation of agencies and boards; funds(a) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:(1) Public Employees Insurance Agency provided in § 5-16-1et seq. of this code;(2) Governor's Mansion Advisory Committee provided in § 5A-5-1et seq. of this code;(3) Commission on Uniform State Laws provided in § 29-1A-1et seq. of this code;(4) West Virginia Public Employees Grievance Board provided in § 6C-3-1et seq. of this code;(5) Board of Risk and Insurance Management provided in § 29-12-1et seq. of this code;(6) Boundary Commission provided in § 29-23-1et seq. of this code;(7) Public Defender Services provided in § 29-21-1et seq. of this code;(8) Division of Personnel provided in § 29-6-1et seq. of this code;(9) West Virginia Ethics Commission provided in § 6B-2-1et seq. of this code;(10) Consolidated Public Retirement Board provided in § 5-10D-1et seq. of this code; and(11) Real Estate Division provided in § 5A-10-1et seq. of this code.(b) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce: (1) Division of Labor provided in § 21-1-1et seq. of this code, which includes:(A) Occupational Safety and Health Review Commission provided in § 21-3A-1et seq. of this code; and(B) Board of Manufactured Housing Construction and Safety provided in § 21-9-1et seq. of this code.(2) Office of Miners' Health, Safety, and Training provided in § 22A-1-1et seq. of this code. The following boards are transferred to the Office of Miners' Health, Safety, and Training for purposes of administrative support and liaison with the Office of the Governor: (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in § 22A-6-1et seq. of this code;(B) Board of Miner Training, Education, and Certification provided in § 22A-7-1et seq. of this code; and(C) Mine Inspectors' Examining Board provided in § 22A-9-1et seq. of this code.(3) Division of Natural Resources and Natural Resources Commission provided in § 20-1-1et seq. of this code;(4) Division of Forestry provided in § 19-1A-1et seq. of this code;(5) Geological and Economic Survey provided in § 29-2-1et seq. of this code;(6) Workforce West Virginia provided in chapter 21A of this code, which includes: (A) Division of Unemployment Compensation;(B) Division of Employment Service;(C) Division of Workforce Development;(D) Division of Research, Information and Analysis; and(7) Division of Rehabilitation Services provided in § 18-10A-1et seq. of this code.(c) The Economic Development Authority provided in § 31-15-1et seq. of this code is continued as an independent agency within the executive branch.(d) The Water Development Authority and the Water Development Authority Board provided in § 22C-1-1et seq. of this code is continued as an independent agency within the executive branch.(e) The West Virginia Educational Broadcasting Authority provided in § 10-5-1et seq. of this code is continued as a separate agency within the Department of Arts, Culture, and History, which shall provide administrative support for the authority.(f) The Division of Culture and History as established in § 29-1-1et seq. of this code is continued as an agency within the Executive Branch as the Department of Arts, Culture, and History. All references throughout this code to the "Division of Culture and History" mean the "Department of Arts, Culture, and History".(g) The following agencies and boards, including all of the allied, advisory, and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:(1) Air Quality Board provided in § 22B-2-1et seq. of this code;(2) Solid Waste Management Board provided in § 22C-3-1et seq. of this code;(3) Environmental Quality Board, or its successor board, provided in § 22B-3-1et seq. of this code;(4) Surface Mine Board provided in § 22B-4-1et seq. of this code;(5) Oil and Gas Inspectors' Examining Board provided in § 22C-7-1et seq. of this code;(6) Shallow Gas Well Review Board provided in § 22C-8-1et seq. of this code; and(7) Oil and Gas Conservation Commission provided in § 22C-9-1et seq. of this code.(h) Subject to the provisions of § 5F-2-1a of this code, the following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health: (1) Human Rights Commission provided in § 5-11-1et seq. of this code;(2) Bureau for Public Health provided in § 16-1-1et seq. of this code;(3) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in § 16-4C-1et seq. of this code;(4) Health Care Authority provided in § 16-29B-1et seq. of this code;(5) The Developmental Disabilities Council established by Executive Order No. 6-88 and continued by Executive Order No. 15-99;(i) Subject to the provisions of § 5F-2-1a of this code, the following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in, and administered as a part of, the Department of Human Services:(1) Women's Commission provided in § 29-20-1et seq. of this code; and(2) Bureau for Child Support Enforcement provided in § 48-1-1et seq. of this code.(j) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Homeland Security:(1) West Virginia State Police;(2) Division of Emergency Management provided in § 15-5-1et seq. of this code and Emergency Response Commission provided in § 15-5A-1et seq. of this code: Provided, That notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule promulgated thereunder, a reference is made to the Division of Homeland Security and Emergency Management, it shall be construed to mean the Division of Emergency Management;(3) Division of Administrative Services;(4) Division of Corrections and Rehabilitation;(7) Board of Probation and Parole;(8) The West Virginia Fusion Center;(9) Division of Protective Services; and(10) Any other agency or entity hereinafter established within the Department of Homeland Security by an act of the Legislature.(k) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue: (1) Tax Division provided in § 11-1-1et seq. of this code;(2) Racing Commission provided in § 19-23-1et seq. of this code;(3) Lottery Commission and position of Lottery Director provided in § 29-22-1et seq. of this code;(4) Insurance Commissioner provided in § 33-2-1et seq. of this code;(5) West Virginia Alcohol Beverage Control Commissioner provided in § 11-16-1et seq. of this code and § 60-2-1et seq. of this code;(6) Board of Banking and Financial Institutions provided in § 31A-3-1et seq. of this code;(7) Lending and Credit Rate Board provided in § 47A-1-1et seq. of this code;(8) Division of Financial Institutions provided in § 31A-2-1et seq. of this code;(9) The State Budget Office provided in § 11B-2-1et seq. of this code;(10) The Municipal Bond Commission provided in § 13-3-1et seq. of this code;(11) The Office of Tax Appeals provided in § 11-10A-1et seq. of this code; and(12) The State Athletic Commission provided in § 29-5A-1et seq. of this code.(l) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:(1) Division of Highways provided in § 17-2A-1et seq. of this code;(2) Parkways Authority provided in § 17-16A-1et seq. of this code;(3) Division of Motor Vehicles provided in § 17A-2-1et seq. of this code;(4) Driver's Licensing Advisory Board provided in § 17B-2-1et seq. of this code;(5) Aeronautics Commission provided in § 29-2A-1et seq. of this code;(6) State Rail Authority provided in § 29-18-1et seq. of this code; and(7) Public Port Authority provided in § 17-16B-1et seq. of this code.(m) Effective July 1, 2011, the Veterans' Council provided in § 9A-1-1et seq. of this code, including all of the allied, advisory, affiliated, or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans' Assistance.(n) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by § 5F-2-2 of this code, the position of administrator and the powers, authority, and duties of each administrator and agency are not affected by the enactment of this chapter.(o) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by § 5F-2-2 of this code, the existence, powers, authority, and duties of boards and the membership, terms, and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers may not have their appellate or independent decision-making status affected by the enactment of this chapter.(p) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in § 5F-1-2 of this code, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.(q) When an agency, board, or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary, or a bureau. Nothing in this section extends the powers of department secretaries under § 5F-2-2 of this code to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.(r) The Department of Economic Development as established in § 5B-2-1et seq. of this code is continued as a separate independent agency within the Executive Branch.(s) The Department of Tourism as established in § 5B-2I-1et seq. of this code is continued as a separate independent agency within the Executive Branch.Amended by 2024 Acts, ch. TBD (SB 865), eff. 3/6/2024.Amended by 2023 Acts, ch. 189 (HB 2006), eff. 5/23/2023.Amended by 2021 Acts, ch. 144 (HB 2019), eff. 5/27/2021.Amended by 2020 Acts, ch. 158 (SB 586), eff. 5/28/2020.Amended by 2018SP1 Acts, ch. 3 (HB 101), eff. 6/8/2018.Amended by 2018 Acts, ch. 105 (HB 4006), eff. 6/8/2018.Amended by 2011 Acts, ch. 158 (SB 241), eff. 6/10/2011.Amended by 2011 Acts, ch. 157 (SB 238), eff. 3/18/2011.Amended by 2011 Acts, ch. 68 (HB 2695), eff. 3/12/2011.