ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 321

(Senator Minard, original sponsor)

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[Passed March 9, 2012; in effect from passage.]

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AN ACT to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; 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 the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System; authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Modified Vehicle Inspection Manual; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training standards; authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to motor vehicle search standards; and authorizing the Division of Corrections to promulgate a legislative rule relating to fees for electronic monitoring of offenders.

Be it enacted by the Legislature of West Virginia:

    That article 6, chapter 64 of the Code of West Virginia, 1931, 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. State Police.

    (a) The legislative rule filed in the State Register on July 25, 2011, authorized under the authority of section twenty-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 January 6, 2012, relating to the State Police (West Virginia State Police Career Progression System, 81 CSR 3), is authorized.

    (b) The legislative rule filed in the State Register on July 25, 2011, authorized under the authority of section forty-eight, article fifteen, chapter seventeen-c 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 January 6, 2012, relating to the State Police (West Virginia State Police Modified Vehicle Inspection Manual, 81 CSR 4), is authorized, with the following amendment:

    On page ten, paragraph 81-4-4.6.2., after the word “spacers” by adding the following, “on the end of the coil”.

§64-6-2. Governor’s Committee on Crime, Delinquency and Correction.

    (a) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section three, article twenty-nine, chapter thirty of this code, modified by the Governor’s Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2012, relating to the Governor’s Committee on Crime, Delinquency and Correction (law- enforcement training standards, 149 CSR 2), is authorized.

    (b) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section eleven, article one-a, chapter sixty-two of this code, modified by the Governor’s Committee on Crime, Delinquency and Correction to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2012, relating to the Governor’s Committee on Crime, Delinquency and Correction (motor vehicle search standards, 149 CSR 6), is authorized.

§64-6-3. Division of Corrections.

    The legislative rule filed in the State Register on May 23, 2011, authorized under the authority of section fourteen, article one, chapter twenty-five of this code, modified by the Division of Corrections to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on July 20, 2011, relating to the Division of Corrections (fees for electronic monitoring of offenders, 90 CSR 8), is authorized.