WEST virginia legislature

2016 regular session

Introduced

House Bill 4190

By DELEGATES R. PHILLIPS, REYNOLDS, MARCUM, HARTMAN, WALTERS, SOBONYA, MCCUSKEY, ELDRIDGE, P. WHITE, WELD AND BATES

[Introduced January 21, 2016; referred to the committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, relating to prohibiting state agencies and departments from acting outside their statutory scopes of authority.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5-30-1, to read as follows:

ARTICLE 30.  SCOPE OF AUTHORITY.

§5-30-1.  Limitations on agencies and departments.

No state agency or department may go beyond the scope of its statutory authority or otherwise infringe upon an area regulated by another agency or department, including, but not limited to, the promulgation of rules, the issuance of permits and placing restrictions on the entities it lawfully regulates.

NOTE: The purpose of this bill is to prohibit state agencies and departments from acting outside their statutory scopes of authority.

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