HOUSE CONCURRENT RESOLUTION NO. 92
(By Delegates Webster, Proudfoot, Stemple, Mahan, Kessler,
Hrutkay, Guthrie, Brown, Miley and Lane)
Requesting that the Joint Committee on Government and Finance
authorize the study of the need for legislative review of
agency rules currently exempt from legislative rule-making and
review.
Whereas, The Legislature has a duty to assure that the
implementation of agency rules comport with the legislative
statutory intent and purpose of the statutes authorizing that
agency's rule-making; and
Whereas, Over the past several years, the Legislature, to allow
flexibility and relief from the protracted process of legislative
review and authorization and the need for flexibility and rapid
response to changing conditions in our society, has caused the
Legislature to grant several agencies authority to promulgate
legislative rules without review by the Legislature prior to
implementation; and
Whereas, The effect of broadening exemptions has caused
concerns being expressed that the Legislature is not effectively monitoring the implementation of these rules and the Legislature
should consider developing a process to more effectively supervise
rules exempt from legislative review to understand their impact
upon the determined policy of this state as reflected by the laws
enacted by the Legislature; and
Whereas, Prior to undertaking any revisions of the authority
for various agencies to promulgate legislative rules, the
Legislature must consider the authority granted on an individual
rule by rule basis to make specific decisions regarding the prior
implementation of each rule to determine if the agency has
effectively followed its legislative directive; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study whether any changes are needed in the state
Administrative Procedures Act to provide for greater oversight of
Legislative rules that have been exempted from legislative review;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby further requested to study whether any specific
legislatively exempt rules should be required to be brought before
the Legislature prior to their authorization; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, two thousand eight, on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to
conduct this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
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