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.