To create the Occupational Licensing Legal Fund in the State Treasury
Impact
The creation of the Occupational Licensing Legal Fund has the potential to streamline the funding process for legal costs associated with occupational licensing boards. By allowing excess funds from these boards to be organized into a dedicated legal fund, the bill could significantly improve the administrative efficiency of the licensing process. Moreover, the accountability measures—including audits and requirements for Legislative Auditor notifications—should ensure that funds are managed appropriately and that the boards operate within their fiscal means, ultimately benefiting both the boards and the citizens they serve.
Summary
House Bill 2841, introduced by Delegate Foster, aims to establish an Occupational Licensing Legal Fund within the State Treasury. This fund will be financed through excess receipts from occupational licensing boards and is intended to cover legal fees and court costs incurred by these boards. The bill is designed to ensure that such funds are used effectively while requiring oversight through appropriations by the Legislature. The proposed fund would begin making transfers from July 1, 2023, and mandates that any remaining balance exceeding $2,000,000 at year's end must revert to the General Revenue Fund, which promotes fiscal responsibility.
Sentiment
The sentiment surrounding HB 2841 appears to be largely positive, as it facilitates the financial management of legal resources necessary for the operation of licensing boards. Legislative discussions have indicated that this initiative is a proactive approach to ensure the legality and efficiency of occupational licensing functions in West Virginia. Moreover, stakeholders seem to view the bill as a resourceful measure to alleviate financial burdens that might hinder the boards' operations without compromising accountability.
Contention
While there doesn't seem to be significant opposition to HB 2841, points of contention may arise regarding the management and allocation of the newly established fund. Concerns could be expressed about how funds are appropriated and whether the transfer rules might unintentionally limit the operational budgets of certain boards. The debate could center around the balance between enabling boards to function effectively while ensuring that fiscal policies remain intact to support broader state funding priorities.
Office of Occupational and Professional Licensing, created within the Department of Labor; oversight provided to professional or occupational licensing boards.
Authorize the ordering of restitution to the state for reimbursement of costs incurred for misuse of public funds, and to create the State Auditor’s Public Integrity and Fraud Fund for use of said funds