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Committee Substitute House Bill 2233 History

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

FOR

H. B. 2233

(By Delegates Walters, Sobonya, Rohrbach, Ambler, Mr. Speaker

(Mr. Armstead), Storch, H. White, R. Phillips, Ireland, Hanshaw

and E. Nelson)


(Originating in the House Committee on Judiciary)

[February 25, 2015]

A BILL to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to authorizing the Legislative Rule-Making Committee with the assistance of the Legislative Auditor’s Office to review legislative rules five years after initial approval by the Legislature; and directing the Legislative Rule-Making Committee to report findings and recommendations to the Legislature.

Be it enacted by the Legislature of West Virginia:

            That §29A-3-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. RULE-MAKING.

§29A-3-16. Legislative review of procedural rules, interpretive legislative rules.

            (a) The Legislative Rule-Making Review Committee may review any procedural rules, procedural and interpretive rules or existing legislative rules and may make recommendations concerning such rules these to the Legislature, or to the agency or to both the Legislature and the agency. for rules which were approved by the Legislature prior to the enactment of this section in 2015.

            (b) The Legislative Rule-Making Committee with the assistance of the Legislative Auditor may review any rule which has been promulgated and in effect for at least five years, and make recommendations to the Legislature for modification or repeal of any such rule as the Legislative Rule-Making Committee may determine to be necessary. Areas of review shall include, but not be limited to, the following:

            (1) Whether the rule is achieving its purpose; and

            (2) Whether the rule should be eliminated, continued or amended.

            (c) Following its review, the Legislative Rule-Making Committee and the Legislative Auditor shall summarize their findings and make recommendations. A report of the findings and recommendations shall be submitted to the Legislature for any action the Legislature may consider necessary.

 

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