COMMITTEE SUBSTITUTE

FOR


H. B. 2615

(By Delegates Mahan, Cann

Kominar and Faircloth)


(Originating in the Committee on the Judiciary)

[February 24, 2003]


A BILL to amend and reenact article six, 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 or 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 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 fire commission to promulgate a legislative rule relating to the state building code ; disapproving the fire commission to promulgate a legislative rule relating to fire department rescue services ; authorizing the juvenile facilities standards commission to promulgate a legislative rule relating to minimum standards for the structure, operation and maintenance of juvenile detention and correctional facilities ; and authorizing the state police to promulgate a legislative rule relating to the state police career progression system.

Be it enacted by the Legislature of West Virginia:
That article six, 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 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.

§64-6-1. Fire commission.
(a)
The legislative rule filed in the state register on the nineteenth day of July, two thousand two, authorized under the authority of section five-b, article three, chapter twenty-nine, of this code, modified by the fire commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand three, relating to the fire commission (state building code, 87 CSR 4), is authorized.
(b)
The legislative rule filed in the state register on the nineteenth day of July, two thousand two, authorized under the authority of section five, article three, chapter twenty-nine, of this code, modified by the fire commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand three, relating to the fire commission (fire department rescue services, 87 CSR 6), is not authorized.
§64-6-2. Juvenile facilities standards commission.
The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, under the authority of section nine-a, article twenty, chapter thirty-one, of this code, modified by the juvenile facilities standards commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the tenth day of January, two thousand three, relating to the juvenile facilities standards commission (minimum standards for structure, operation and maintenance of juvenile detention and correctional facilities, 101 CSR 1), is authorized. The commissioner shall on or before thirty- first day of July, two thousand three, refile this rule (101 CSR 1)for purposes of legislative promulgation of this rule during the two thousand four regular legislative session.
§64-6-3. State police.
The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section five, article two, chapter fifteen, of this code, modified by the state police to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of November, two thousand two, relating to the state police (state police career progression system, 81 CSR 3), is authorized.