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WV Code § 4-10-5 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-5. Powers and Duties of the Committee and Joint Standing Committee

(a) To carry out the duties set forth in this article, the committee or the joint standing committee, any authorized employee of the committee, the joint standing committee, the Legislative Auditor or any employee of the division working at the direction of the committee or the joint standing committee, shall have access, including copying, to all records of every state agency in West Virginia.(b) When furnishing information, agencies shall provide the information in the format in which it is requested, if the request is specific as to a preferred format.(c) The committee or the joint standing committee may hold public hearings in furtherance of the purposes of this article, at such times and places within the state as desired. A member of the committee or the joint standing committee may administer oaths to persons testifying at such hearings or meetings.(d) The committee or the joint standing committee may issue a subpoena, with the signature of either cochair of the committee or the joint standing committee and served in the manner provided by law, to summon and compel the attendance of witnesses and their examination under oath and the production of all books, papers, documents and records necessary or convenient to be examined and used by the committee or joint standing committee in the performance of its duties.(e) If any witness subpoenaed to appear at any hearing or meeting refuses or fails to appear or to answer questions put to him or her, or refuses or fails to produce books, papers, documents or records within his or her control when the same are demanded, the committee or the joint standing committee, in its discretion, may enforce obedience to its subpoena by attachment, fine or imprisonment, as provided in article one of this chapter, or may report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and the court shall compel obedience to the subpoena as though it had been issued by the court.(f) Witnesses subpoenaed to attend hearings or meetings pursuant to the provisions of this article, except officers or employees of the state, shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury.(g) The committee or the joint standing committee, subject to the approval of the Joint Committee on Government and Finance, may employ such persons as it considers necessary to carry out the duties and responsibilities under this article and may contract for outside expertise in conducting reviews.(h) The committee or the joint standing committee may collect, and the agency or regulatory board shall promptly pay, the costs associated with conducting the reviews performed under this article, upon presentation of a statement for the costs incurred. All money received by the committee or the joint standing committee from this source shall be expended only for the purpose of covering the costs associated with such services, unless otherwise directed by the Legislature.
WV Code § 4-10-6 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-6. Department Presentation; Timing and Scope

(a) During the calendar year in which a department is scheduled for an agency review pursuant to section eight of this article, and upon notification from the joint standing committee or the division, the department shall prepare and present a department presentation to the joint standing committee and the committee. The purpose of the presentation is to inform the Legislature as to the programs, activities and financial situation of the department and to update and amend any information previously presented to the joint standing committee or committee pursuant to this section. The presentation shall include:(1) A departmental chart designating each agency under the purview of the department;(2) An analysis of the department’s internal performance measures and self-assessment systems; and(3) For each agency under the purview of the department, the following:(A) The mission, goals and functions of the agency;(B) The statutory or other legal authority under which the agency operates;(C) The number of employees of the agency for the immediate past ten years;(D) The budget for the agency for the immediate past ten years;(E) Any potential or actual loss of revenue due to operations, changes in law or any other reason;(F) The extent to which the agency has operated in the public interest;(G) The extent to which the agency has complied with state personnel practices, including affirmative action requirements;(H) The extent to which the agency has encouraged public participation in the making of its rules and decisions and has encouraged interested persons to report to it on the impact of its rules and decisions on the effectiveness, economy and availability of services that it has provided;(I) The efficiency with which public inquiries or complaints regarding the activities of the agency have been processed and resolved;(J) The extent to which statutory, regulatory, budgeting or other changes are necessary to enable the agency to better serve the interests of the public and to comply with the factors enumerated in this subsection; and(K) A recommendation as to whether the agency should be continued, consolidated or terminated.
WV Code § 4-10-7 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-7. Agency Review

(a) The committee and the joint standing committee shall conduct agency reviews, or authorize the division to conduct agency reviews as one of its duties in addition to its other duties prescribed by law, in accordance with generally accepted government auditing standards (GAGAS) as promulgated by the U.S. Government Accountability Office, on one or more of the agencies under the purview of a department, during the year in which the department is scheduled for review under the provisions of this article.(b) The agency review may include, but is not limited to:(1) An identification and description of the agency under review;(2) The number of employees of the agency for the immediate past ten years;(3) The budget for the agency for the immediate past ten years;(4) Whether the agency is effectively and efficiently carrying out its statutory duties or legal authority;(5) Whether the activities of the agency duplicate or overlap with those of other agencies and, if so, how these activities could be consolidated;(6) A cost-benefit analysis, as described in subsection (e) of this section, on state services that are privatized or contemplated to be privatized;(7) An assessment of the utilization of information technology systems within the agency, including interagency and intra-agency communications;(8) An analysis of any issues raised by the presentation made by the department pursuant to the provisions of this article;(9) An analysis of any other issues as the committee or the joint standing committee may direct; and(10) A recommendation as to whether the agency under review should be continued, consolidated or terminated.(c) The committee or the joint standing committee may vote on the recommendation as to whether the agency under review should be continued, consolidated or terminated. Recommendations of the committee or the joint standing committee shall be given considerable weight in determining if an agency should be continued, consolidated or terminated.(d) An agency may be subject to a compliance review pursuant to the provisions of this article.(e) A cost-benefit analysis authorized by this section may include:(1) The tangible benefits of privatizing the service;(2) Any legal impediments that may limit or prevent privatization of the service;(3) The availability of multiple qualified and competitive private vendors; and(4) A cost comparison, including total fixed and variable, direct and indirect, costs of the current governmental operation and the private vendor contract.
WV Code § 4-10-8 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-8. Schedule of Departments for Agency Review

(a) Each department shall make a presentation, pursuant to the provisions of this article, to the joint standing committee and the committee during the first interim meeting after the regular session of the year in which the department is to be reviewed pursuant to the schedule set forth in subsection (b) of this section.(b) An agency review shall be performed on one or more agencies under the purview of each department at least once every seven years, as follows:(1) 2017: The Department of Revenue and the Department of Commerce;(2) 2018: The Department of Environmental Protection and the Department of Military Affairs and Public Safety;(3) 2019: The Department of Health and Human Resources, including the Bureau of Senior Services;(4) 2020: The Department of Transportation;(5) 2021: The Department of Administration; (6) 2022: The Department of Education, the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education; and(7) 2023: The Department of Veterans’ Assistance and the Department of Education and the Arts.
WV Code § 4-10-9 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-9. Regulatory Board Review

(a) The committee and the joint standing committee shall conduct regulatory board reviews, or authorize the division to conduct regulatory board reviews as one of its duties in addition to its other duties prescribed by law, in accordance with generally accepted government auditing standards (GAGAS) as promulgated by the U.S. Government Accountability Office, on each regulatory board to ascertain if there is a need for the continuation, consolidation or termination of the regulatory board.(b) A regulatory board review shall be performed on each regulatory board at least once every twelve years. A regulatory board may be subject to a compliance review pursuant to the provisions of this article.(c) When a new regulatory board is created, a date for a regulatory board review shall be included in the act that creates the board, within twelve years of the effective date of the act.(d) The regulatory board review may include:(1) Whether the board complies with the policies and provisions of chapter thirty of this code and other applicable laws and rules;(2) Whether the board follows a disciplinary procedure which observes due process rights and protects the public interest;(3) Whether the basis or facts that necessitated the initial licensing or regulation of a profession or occupation have changed, or other conditions have arisen that would warrant increased, decreased or the same degree of regulation;(4) Whether the composition of the board adequately represents the public interest and whether the board encourages public participation in its decisions rather than participation only by the industry and individuals it regulates;(5) Whether statutory changes are necessary to improve board operations to enhance the public interest;(6) An analysis of any other issues the committee or the joint standing committee may direct; and(7) A recommendation as to whether the regulatory board under review should be continued, consolidated or terminated.(e) The committee or the joint standing committee may vote on the recommendation as to whether the regulatory board under review should be continued, consolidated or terminated. Recommendations of the committee or the joint standing committee shall be given considerable weight in determining if an regulatory board should be continued, consolidated or terminated.
WV Code § 4-10-10 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-10. Regulatory Board Review Schedule

(a) A regulatory board review is required for all regulatory boards.(b) A regulatory board review shall be performed on each regulatory board at least once every 12 years, commencing as follows:(1) 2017: Board of Accountancy; Board of Respiratory Care Practitioners; and Board of Social Work Examiners.(2) 2018: Board of Examiners of Psychologists; Board of Optometry; and Board of Veterinary Medicine.(3) 2019: Board of Acupuncture; Board of Barbers and Cosmetologists; and Board of Examiners in Counseling.(4) 2020: Board of Hearing Aid Dealers; Board of Licensed Dietitians; and Nursing Home Administrators Board.(5) 2021: Board of Dental Examiners; Board of Medicine; and Board of Pharmacy.(6) 2022: Board of Chiropractic Examiners; Board of Osteopathy; and Board of Physical Therapy.(7) 2023: Board of Occupational Therapy; Board of Examiners for Speech-Language Pathology and Audiology; and Medical Imaging and Radiation Therapy Board of Examiners.(8) 2024: Board of Professional Surveyors; Board of Registration for Foresters; Contractor Licensing Board; and Board of Registration for Professional Engineers.(9) 2025: Board of Examiners for Licensed Practical Nurses; Board of Examiners for Registered Professional Nurses; and Massage Therapy Licensure Board.(10) 2026: Board of Architects; Board of Embalmers and Funeral Directors; and Board of Landscape Architects; and(11) 2027: Board of Registration for Sanitarians; Real Estate Appraiser Licensure and Certification Board; and Real Estate Commission.
WV Code § 4-10-11 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-11. Compliance Review

(a) After an agency review or a regulatory board review, if the committee or the joint standing committee finds that an agency or a regulatory board needs further review, then the committee or the joint standing committee may request a compliance review.(b) If the committee or the joint standing committee requests a compliance review for an agency or a regulatory board, then it must state, in writing, the specific reasons for the compliance review and its expected completion date.
WV Code § 4-10-12 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-12. Termination of an Agency or Regulatory Board; Reestablishment of Terminated Agency or Regulatory Board

(a) If the Legislature terminates an agency or regulatory board, then the agency or regulatory board shall continue in existence until July 1, of the next succeeding year for the purpose of winding up its affairs. Upon the expiration of one year after termination, the agency or regulatory board shall cease all activities.(b) During the wind-up year, the impending termination may not reduce nor otherwise limit the powers or authority of that terminated agency or regulatory board.(c) An agency that has been terminated pursuant to the provisions of this article may be reestablished by the Legislature. If the agency is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the agency is considered continued.(d) If a regulatory board is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the regulatory board is considered continued. If a regulatory board is not reestablished by the Legislature during the wind-up year, then the regulatory board is considered terminated and the profession or occupation must apply for regulation through the sunrise process, under the provisions of this code, to be reestablished.
WV Code § 4-10-13 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-13. Disposition of Agency or Regulatory Board Assets, Equipment and Records After Termination

(a) On or before June 30 of the wind-up year, the terminated agency or regulatory board shall file a written statement with the Secretary of the Department of Administration and the division describing the disposition of its funds, assets, equipment and records.(b) The division shall review the statement of the terminated agency or regulatory board and report the results of its review to the committee and the joint standing committee.(c) Any unexpended funds of the terminated agency or regulatory board shall revert to the fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund.(d) All remaining assets and equipment of a terminated agency or regulatory board shall be transferred to the secretary of the department of which it was a part or to the state agency for surplus property in the Department of Administration.(e) The records of a terminated agency or regulatory board shall be deposited with the Department of Administration.
WV Code § 4-10-14 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 10. Performance Review Act|§4-10-14. Provision for Other Reviews; Consolidation, Termination and Reorganization of Agencies or Programs

(a) The specifications of schedules for, and the scope of, agency and regulatory board reviews in this article shall not preclude a legislative review or reevaluation of any agency or program at other times. The joint standing committee may request a review of the performance, purpose, efficiency and effectiveness of any agency or program any time that circumstances may require, including, but not limited to, the following:(1) Expressed or implied statutory expiration of an agency or program;(2) Creation of new, or the amendment of existing, federal law affecting the agency or program;(3) Redundant purposes or functions in more than one agency or program or within an agency;(4) Completion or satisfaction of agency or program objectives;(5) Persistent inefficiencies in the delivery of services or in the accomplishment, or lack thereof, of statutory objectives; (6) Fiscal constraints requiring changes in staffing, resources or goals; and(7) Changes in legislative policy or direction.(b) Following the completion of a review by the division and the joint standing committee, with responses and comment from the subject agency or regulatory board, the joint standing committee may recommend or propose the consolidation, termination or reassignment of the agency, program or regulatory board reviewed.(c) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce, or of the Legislature to enact, any bill that would terminate, consolidate or reorganize one or more state agencies or programs without a review conducted under the terms of this article.
WV Code § 4-11-1 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-1. Legislative Findings and Purpose

The Legislature finds and declares that in order to carry out its responsibility for the enactment of all appropriations needed for the operation of state government, the Legislature needs continuous and accurate accounts of the amounts and purposes of all federal funds being requested, received or expended by the various agencies and departments of the state. The Legislature further finds and declares that the increased availability of and reliance on federal financial assistance has a substantial impact upon the programs, priorities and fiscal affairs of the state. It is the purpose of this article to clarify and specify the role of the Legislature in appropriating federal funds received by the state in all events, including public emergencies, and in prescribing, by general law, the required form and detail of the itemization and classification of proposed appropriations to assure that state purposes are served and legislative priorities are adhered to by the acceptance and use of such funds.
WV Code § 4-11-2 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-2. Definitions

As used in this article:"Federal funds" means any financial assistance made to a spending unit by the United States government, whether a loan, grant, block grant, subsidy, augmentation, reimbursement or any other form of such assistance, including "federal-matching funds";"Federal-matching funds" means federal funds of a specified amount or proportion for which a specified outlay of state contributions, including funds, property or services, are required as a condition for receipt or expenditure;"Spending unit" means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature. "Spending unit" does not mean any county, city, township, public service district or other political subdivision of the state; and"State-matching funds" means state contributions, including funds, property or services that are required by the federal government, by law or regulation, as a condition for receipt or expenditure of federal funds.
WV Code § 4-11-3 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-3. Receipt of Federal Funds and Required Deposit in State Treasury

Unless contrary to federal law, all federal funds received by a spending unit shall be deposited in and credited to special fund accounts as provided by 12-2-2 of this code and shall be available for appropriation by the Legislature as part of the state budget in accordance with Article X of the Constitution of this state.
WV Code § 4-11-4 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-4. Inclusion of Federal Funds in State Budget and the Budget Bill

Pursuant to article 5-1A-1 et seq., and 11B-2-1 et seq. of this code, the Governor shall itemize in the state budget and in the budget bill, on a line-item basis, separately, for each spending unit, the amount and purpose of all federal funds received or anticipated for expenditure, with a reference to the account number, line item and amount of any state funds required for such purpose: Provided, That all federal block grant funds shall be so itemized in a separate section of the state budget and the budget bill devoted exclusively to proposed appropriations from the block grant funds.
WV Code § 4-11-6 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-6. Exclusions

The following are excluded from the provisions of this article:(1) Federal funds received by state institutions of higher education or by students or faculty members of such institutions for instructional or research purposes and federal funds received for student scholarships or grants-in-aid;(2) Federal nondiscretionary pass-through funds which are earmarked in specified amounts or proportions for transmittal to local political subdivisions or to designated classes of organizations and individuals which do not require state-matching funds and do not permit discretion in their distribution by the receiving state spending unit; and(3) All federal funds received by the West Virginia department of highways or the West Virginia commissioner of highways.
WV Code § 4-11-7 (2021)
2021 West Virginia Code|Chapter 4. The Legislature|Article 11. Legislative Appropriation of Federal Funds|§4-11-7. Conflict With Other Statutory Provisions

If there is any conflict between the provisions of this article and any other provision of law, including this code, relating to receiving or expending federal funds, the provisions of this article shall govern and control.