ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 133

(By Senators Manchin, Anderson, Boley,

Grubb and Macnaughtan)

____________

[Originating in the Committee on the Judiciary;

reported February 17, 1995.]

____________

A BILL to amend and reenact article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the state; 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 legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative rule- making review committee; authorizing committee for purchase of commodities and services from the handicapped to promulgate legislative rules relating to participation qualifications, as modified; authorizing consolidated public retirement board to promulgate legislative rules relating to benefit determination and appeal, as amended; authorizing division of personnel to promulgate legislative rules relating to the administrative rules of the West Virginia division of personnel, as modified and amended; and authorizing ethics commission to promulgate legislative rules relating to guidelines and standards for determining the existence of disqualifying financial interests, as modified.

Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Committee for the purchase of commodities and services from the handicapped.

The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, modified by the committee for the purchase of commodities and services from the handicapped to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of January, one thousand nine hundred ninety-five, relating to the committee for the purchase of commodities and services from the handicapped (qualifications for participation, 186 CSR 4), are authorized.
§64-2-2. Consolidated public retirement board.
The legislative rules filed in the state register on the twenty-fifth day of October, one thousand nine hundred ninety-three, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of June, one thousand nine hundred ninety-four, relating to the consolidated public retirement board (benefit determination and appeal, 162 CSR 2), are authorized.
§64-2-3. Division of personnel.
The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, modified by the division of personnel to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, one thousand nine hundred ninety-four, relating to the division of personnel (administrative rule of the West Virginia division of personnel, 143 CSR 1), are authorized with the amendment set forth below:
"On page 61, section 17.01, by striking out all of paragraph (h)."
§64-2-4. Ethics commission.
The legislative rules filed in the state register on the eighth day of April, one thousand nine hundred ninety-four, modified by the ethics commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of August, one thousand nine hundred ninety-four, relating to the ethics commission (guidelines and standards for determining the existence of disqualifying financial interests, 158 CSR 4), are authorized.