WEST virginia Legislature
2017 regular session
By
[
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
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.