WEST virginia legislature

2023 regular session

Committee Substitute

for

House Bill 2638

BY Delegates Foster and Kump

[Originating in the Committee on the Judiciary; Reported on February 13, 2023]

A BILL to amend and reenact §64-2-1 et seq. of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain agencies of the Department of Administration to promulgate legislative rules; authorizing the rules as filed and as amended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Administration to promulgate a legislative rule relating to purchasing; and authorizing the Department of Administration to promulgate a legislative rule relating to parking.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. Authorization for Department of Administration to promulgate legislative rules.

§64-2-1. Administration.

1. The legislative rule filed in the State Register on July 28, 2022, authorized under the authority of §5A-3-4 of this code, relating to the Department of Administration (purchasing, 148 CSR 01), is authorized.

2. The legislative rule filed in the State Register on October 15, 2021, authorized under the authority of §5A-10-3a of this code, relating to the Department of Administration (parking, 148 CSR 06), is authorized with the following amendments:

On page 2, section 5, by striking out section 5.1 and inserting in lieu thereof the following:

 "5.1. Parking may be provided, at the discretion of the Secretary, to state spending units. The spending unit shall provide for parking in accordance with the parking allocation policies of the spending unit, subject to this rule. The fee to park, to be paid by the spending unit, shall be $20 per month per employee using a designated parking space. Payment by the spending unit shall be made in accordance with the policies of the Secretary. The Secretary may charge a reasonable fee to replace a parking tag or access card issued to a public officer or employee which shall be paid by the public officer or employee."; and

On page 4, section 7, by striking out subsection 7.2 and inserting in lieu thereof the following:

 "7.2. Payment. Payment of fines is required within 10 days of the time the ticket was issued to either the ticket receipt boxes provided by the Department of Administration, the address printed on the ticket, or to the Department’s website, which must be clearly printed on the ticket. Fines not paid within 10 days are subject to double additional fines not to exceed $20 each. A summons may be issued for tickets not paid within 14 days.”