Enrolled Version - Final Version
Senate Bill 276 History
OTHER VERSIONS -
Introduced Version
|
Committee Substitute (1)
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 276
(Senators Minard, Fanning, Prezioso, Unger and Boley, original sponsors)
____________
[passed March 5, 2007; in effect from passage.]
____________
AN ACT to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Military Affairs and Public Safety and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the Department of Military
Affairs and Public Safety; authorizing certain of the agencies
to promulgate certain legislative rules in the form that the
rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain
of the agencies to promulgate certain legislative rules as
amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the
Legislature; authorizing Division of Corrections to promulgate
a legislative rule relating to parole supervision; authorizing
State Fire Commission to promulgate a legislative rule
relating to the State Building Code; authorizing State Fire
Commission to promulgate legislative rule relating to
certification and evaluation of local fire departments;
authorizing Division of Homeland Security and Emergency
Management to promulgate legislative rule relating to mine and
industrial accident rapid response system; authorizing
Regional Jail and Correctional Facility Authority to
promulgate legislative rule relating to criteria and
procedures for determination of projected cost per day for
inmates incarcerated in regional jails and operated by
authority; and authorizing State Police to promulgate a
legislative rule relating to the West Virginia DNA Data Bank.
Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 6. AUTHORIZATION FOR THE DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Division of Corrections.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the authority of section two, article thirteen, chapter sixty-two of
this code relating to the Division of Corrections (parole
supervision, 90 CSR 2) is authorized with the following amendments:
On page one, section two, by striking out "2.1.";
On pages one and two, section two, by redesignating
subdivisions a. through r. as subdivisions 2.1. through 2.18;
On page two, subdivision 2.1.r., line four, after the word
"jurisdictions," by striking out the word "you" and inserting in
lieu thereof the words "the parolee";
On page two, section four, by striking out "4.1.";
And,
On pages two and three, section four, by redesignating
subdivisions a. through e. as subdivisions 4.1. through 4.5.
§64-6-2. State Fire Commission.
(a) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand six, authorized under the
authority of section five-b, article three, chapter twenty-nine of
this code relating to the State Fire Commission (State Building
Code, 87 CSR 4) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand six, authorized under the
authority of section five, article three, chapter twenty-nine of
this code, modified by the State Fire Commission to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the second day of November, two
thousand six, relating to the State Fire Commission (certification and evaluation of local fire departments, 87 CSR 6) is authorized
with the following amendments:
On page four, by striking out subsection 5.2 in its entirety
and by renumbering the remaining subsections accordingly; and
On page nine, subdivision 10.2.f., following the word
"subsection" by striking out "3.3" and inserting in lieu thereof
"3.2"; and
On page twelve, subsection 12.3, line eight, following the
word "subdivision", by striking out "10.2.b" and inserting in lieu
thereof "10.3.b".
§64-6-3. Homeland Security and Emergency Management.
The legislative rule filed in the State Register on the first
day of May, two thousand six, authorized under the authority of
section five, article five-b, chapter fifteen of this code,
modified by the Division of Homeland Security and Emergency
Management to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the
nineteenth day of January, two thousand seven, relating to the
Division of Homeland Security and Emergency Management (mine and
industrial accident rapid response system, 170 CSR 1) is authorized
with the following amendments:
On page one, subsection 1.1, line one, by striking out the
word "coordinating" and inserting in lieu thereof the words "to
coordinate";
On page one, subsection 1.1, lines two through four, by
striking out the word "governing" and inserting in lieu thereof the words "to govern";
On page two, subsection 2.2., line one, after the word
"means", by inserting the words "Mine and Industrial Accident
Emergency Operations Center, including";
On pages two and three, by striking out subsections 2.6., 2.7.
and 2.8. in their entirety;
On page three, by striking out section three in its entirety
and by renumbering the following sections accordingly;
On page three, subsection 4.1., line three, by capitalizing
the word "director";
On page three, subsection 4.2., line two, by striking out the
word "Such", by capitalizing the word "recording" and by inserting
a comma after the word "automatic";
On page three, subsection 4.2., lines three and four, by
striking out the
words "to include" and inserting in lieu thereof
the word "including" and by striking out the words "appropriate,
approved and authorized";
On page three, subsection 4.2., line four, after the words
"representative of" by inserting the word "a", by striking out the
words "regulatory, enforcement, or investigative agencies" and
inserting in lieu thereof the words "government agency responsible
for enforcing rules and regulations and investigating violations
relating to mining and industrial safety";
On page three, subsection 4.2., line five, by striking out the
words "Such requests" and inserting in lieu thereof the words "The
request", by striking out the words "the nature of the need for such" and inserting in lieu thereof the words "why the" and, after
the word "information", by inserting the words "is needed";
On page three, subsection 5.1., line one, by striking out the
words "shall be" and inserting in lieu thereof the word "is";
On page three, subsection 5.1., line two, by striking out the
word "purposes" and inserting in lieu thereof the word "purpose"
and after "§29B-1" by inserting "-1";
On page four, by striking out subsection 5.2. in its entirety
and by renumbering the remaining subsections accordingly;
On page four, subsection 5.3., by striking out the word
"should" and inserting in lieu thereof the word "must";
On page four, subsection 5.4., after "W. Va. Code §29B-1" by
inserting "-1" and, after the words "et seq." by striking out the
remainder of the subsection;
On page four, subsection 6.1., after the word "considered", by
striking out the word "a" and, after the word "requests" by
inserting the words "in writing";
And,
On page four, by striking out subsection 6.2. in its entirety
and renumbering the remaining subsection accordingly.
§64-6-4.
Regional Jail and Correctional Facility Authority.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section ten, article twenty, chapter thirty-one of
this code, modified by the Regional Jail and Correctional Facility
Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the
eighteenth day of January, two thousand seven, relating to the
Regional Jail and Correctional Facility Authority (criteria and
procedures for determination of projected cost per day for inmates
incarcerated in regional jails operated by the Authority, 94 CSR 7)
is authorized with the following amendments:
On page one, subsection 2.1., line one, by striking out
"establishes" and inserting in lieu thereof "shall establish";
On page one, subsection 2.1., line three, after the word
"including", by inserting a comma;
On page one, subsection 2.1, line six, after the period by
inserting the following:
"Provided, that an operational reserve fund may not exceed the
amount of three months of anticipated operational expenditures."
On page one, section three, by striking out "3.1.";
On page one, section three, line two, after the word "entity"
by inserting the words "who has or may have" and, after the word
"inmate", by striking out the words "may be";
On page one, subsection 4.1., after the word "Authority", by
striking out the word "prepares" and inserting in lieu thereof the
words "shall prepare", after the word "statement" by changing the
period to a comma and striking out the words "This statement" and
inserting in lieu thereof the word "which", and, after the word
"at", by inserting the word "a";
And,
On page one, subsection 4.1, line three, after the word "charges", by inserting the words "per entity".
§64-6-5. State Police.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section four, article two-b, chapter fifteen of this
code, modified by the State Police to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-third day of October, two thousand six,
relating to the State Police (West Virginia DNA Data Bank, 81 CSR
9) is authorized.