Senate Bill No. 123

(By Senators Manchin, Anderson, Boley,

Grubb and Macnaughtan)

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[Introduced January 20, 1995; referred to the

Committee on Government Organization; and then to

the Committee on the Judiciary.]

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A BILL to amend and reenact section three, article two, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of personnel to promulgate legislative rules relating to the administrative rule of the West Virginia division of personnel.

Be it enacted by the Legislature of West Virginia:

That section three, 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.

§64-2-3. Division of personnel.

(a) The legislative rules filed in the state register on the nineteenth day of November, one thousand nine hundred eighty-six, modified by the civil service commission to meet the objection of the legislative rule-making review committee and refiled in the state register on the fifteenth day of December, one thousand nine hundred eighty-six, relating to the civil service commission (civil service system), are authorized.
(b) The legislative rules filed in the state register on the first day of November, one thousand nine hundred eighty-eight, modified by the civil service commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of February, one thousand nine hundred eighty-nine, relating to the civil service commission (civil service system), are authorized with the amendments set forth below:
On page fifteen, section 5.05(d), after the words "established in" by striking out the remainder of the sentence and inserting in lieu thereof the words "Chapter 29-6A of the Code of West Virginia, as amended."
On page fifteen, section 5.06, after the words "established in" by striking out the remainder of the sentence and inserting in lieu thereof the words "Chapter 29-6A of the Code of West Virginia, as amended."
On pages sixteen and seventeen by deleting all of section 5.07.
And,
On page 46, section 13(f) line 2 by striking the words "previously held".
(c) The legislative rules filed in the state register on the fourteenth day of May, one thousand nine hundred ninety, 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 twenty-fifth day of September, one thousand nine hundred ninety, relating to the division of personnel (civil service system), are authorized.
(d) The legislative rules filed in the state register on the seventeenth day of September, one thousand nine hundred ninety-two, 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 eighteenth day of February, one thousand nine hundred ninety-three, relating to the division of personnel (administrative rules and regulations of the West Virginia division of personnel), are authorized, with the following amendments:
On page 5, section 3, subsection 42, after the "affected", by striking the word "classified", and inserting in lieu thereof the word "state";
And,
On page 66, subsection 17.01(e)(3), after the words "provisions of" by striking out the words "W.V. Code §3-8-3, §3-3-4 or §3-8-5(e), or serve as a ballot commissioner or election official working inside a polling place; or sell tickets to political affairs to employees in the classified services; or post or distribute campaign literature in a classified employee's worksite; or wear apparel bearing political logos or endorsements during work hours when observed by or in contact with the public" and inserting the words "sections three, four or five-e, article eight, chapter three of the Code of West Virginia, as amended.
And,
On page 67, subsection 17.04, by striking all of subsection 17.04.
(e) 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), are authorized.

NOTE: The purpose of this bill is to authorize the Division of Personnel to promulgate legislative rules relating to the administrative rule of the West Virginia Division of Personnel.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.