ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 235
(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported February 28, 2000.]
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A BILL to amend and reenact section one, article one, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
article two of said chapter, all relating generally to the
promulgation of administrative rules by the various
executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated
by state agencies and boards; legislative mandate or
authorization for the promulgation of certain legislative
rules; 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 certain legislative rules with
various modifications presented to and recommended by the
legislative rule-making review committee; authorizing
certain of the agencies to promulgate certain legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the
legislative rule-making review committee and as amended by
the legislature; authorizing the department of
administration and the auditor to promulgate a legislative
rule relating to purchasing card program; authorizing the
division of personnel to promulgate a legislative rule
relating to the administration of the division; authorizing
the division of personnel to promulgate a legislative rule
relating to workers' compensation temporary total
disability; authorizing the consolidated public retirement
board to promulgate a legislative rule relating to general
provisions; authorizing the consolidated public retirement
board to promulgate a legislative rule relating to the teachers' defined contribution system; authorizing the
consolidated public retirement board to promulgate a
legislative rule relating to the teachers defined benefit
plan; authorizing the consolidated public retirement board
to promulgate a legislative rule relating to the public
employees retirement system; authorizing the consolidated
public retirement board to promulgate a legislative rule
relating to refund, reinstatement and loan interest
factors; and authorizing the board of risk and insurance
management to promulgate a legislative rule relating to the
filing of written notification concerning incidents which
could potentially result in liability to the board.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that article two of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the code of West Virginia, the Legislature expressly
authorizes the promulgation of the rules described in articles
two through ten, inclusive, of this chapter, subject only to the
limitations set forth with respect to each such rule in the
section or sections of this chapter authorizing its
promulgation. The Legislature declares that all rules now or
hereafter authorized under articles two through ten, inclusive,
of this chapter are within the legislative intent of the statute
which the rule is intended to implement, extend, apply or
interpret. Legislative rules promulgated pursuant to the
provisions of articles one through eleven, inclusive, of this
chapter in effect at the effective date of this section shall
continue in full force and effect until reauthorized in this
chapter by legislative enactment, or until amended by emergency
rule pursuant to the provisions of article three, chapter
twenty-nine-a of this code.
All proposed legislative rules for which bills of
authorization have been introduced in the Legislature not
specifically authorized under articles two through eleven,
inclusive, of this chapter are disapproved by the Legislature.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration and the Auditor.
The legislative rule filed in the state register on the
first day of November, one thousand nine hundred ninety-nine,
under the authority of section ten-a, article three, chapter
twelve of this code, modified by the department of
administration and the auditor to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the twentieth day of December, one thousand
nine hundred ninety-nine, relating to the department of
administration and the auditor (state purchasing card program,
148 CSR 7), is authorized.
§64-2-2. Division of personnel.
(a) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
under the authority of section ten, article six, chapter twenty-
nine of this code, 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-seventh day of October, one thousand nine hundred ninety-nine, relating to the
division of personnel (administrative rule of the West Virginia
division of personnel, 143 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
under the authority of section four, article five-a, chapter
twenty-three of this code, 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-
seventh day of October, one thousand nine hundred ninety-nine,
relating to the division of personnel (workers' compensation
temporary total disability, 143 CSR 3), is authorized.
§64-2-3. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred
ninety-nine, under the authority of section one, article ten-d,
chapter five of this code, 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 twenty-eighth day of October, one thousand nine hundred ninety-nine, relating to the consolidated public retirement
board (general provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred
ninety-nine, under the authority of section one, article ten-d,
chapter five of this code, 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 twenty-eighth day of October, one thousand nine hundred
ninety-nine, relating to the consolidated public retirement
board (teachers' defined contribution system, 162 CSR 3), is
authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred
ninety-nine, under the authority of section one, article ten-d,
chapter five of this code, 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 twenty-eighth day of October, one thousand nine hundred
ninety-nine, relating to the consolidated public retirement board (teachers defined benefit plan, 162 CSR 4), is authorized.
(d) The legislative rule filed in the state register on the
twenty-second day of July, one thousand nine hundred
ninety-nine, under the authority of section one, article ten-d,
chapter five of this code, 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 twenty-eighth day of October, one thousand nine hundred
ninety-nine, relating to the consolidated public retirement
board (public employees retirement system, 162 CSR 5), is
authorized.
(e) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-nine,
under the authority of section one, article ten-d, chapter five
of this code, 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
twenty-eighth day of October, one thousand nine hundred
ninety-nine, relating to the consolidated public retirement
board (refund, reinstatement and loan interest factors, 162 CSR 7), is authorized.
§64-2-4. Board of risk and insurance management.
The legislative rule filed in the state register on the
thirteenth day of May, one thousand nine hundred ninety-nine,
under the authority of section five, article twelve, chapter
twenty-nine of this code, modified by the board of risk and
insurance management to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-third day of July, one thousand nine hundred
ninety-nine, relating to the board of risk and insurance
management (filing of written notification concerning incidents
which could potentially result in liability to the board, 115
CSR 5), is authorized.