ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 112
(Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer, original
sponsors)
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[Passed March 12, 2011; in effect from passage.]
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AN ACT to amend and reenact article 2, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Administration; 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 with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register and as amended
by the Legislature; authorizing the Department of
Administration to promulgate a legislative rule relating to
state-owned vehicles; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
general provisions; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
Teachers' Defined Contribution Retirement System; authorizing
the Consolidated Public Retirement Board to promulgate a
legislative rule relating to Public Employees Retirement
System; authorizing the Consolidated Public Retirement Board
to promulgate a legislative rule relating to refund,
reinstatement, retroactive service, loan and employer error
interest factors; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
the West Virginia State Police; and authorizing the Ethics
Commission to promulgate a legislative rule relating to
forms.
Be it enacted by the Legislature of West Virginia:
That article 2, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand ten, authorized under the
authority of section two, article one, chapter five-a of this code,
modified by the Department of Administration to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
state register on the twenty-first day of January, two thousand
eleven, relating to the Department of Administration (state owned
vehicles, 148 CSR 3), is authorized with the following amendments:
On page one, subsection 1.1., by striking out all of
subsection 1.1 and inserting in lieu thereof a new subsection 1.1
to read as follows:
"1.1 Scope. - This Rule governs all state owned and leased
vehicles and aircraft, including the minimal requirements for all
state spending units that have a state vehicle and/or aircraft in
their possession.";
On page four, section 4, by striking out all of section 4 and
inserting in lieu thereof a new section four to read as follows:
"§148-3-4. Titles to State owned or Long-Term Leased Vehicles
Vehicles may be titled in the name of the spending unit. The
Fleet Management Office will coordinate with spending units to ensure standardized naming convention. For Model Years beginning
with 2011, the Fleet Management Office will initiate the titling
and registration process, digitize, and safeguard the original
title. The original title documents for the Model Years prior to
2011 will be provided to the Fleet Management Office for
digitization and safekeeping. Spending units will be provided with
web-enabled, secure access to and/or digitized copy of the title
documents. Original titling documents will be returned to the
spending unit within five (5) business days of a determination by
the Department of Administration, Board of Risk and Insurance
Management that the vehicle is no longer insurable; or the vehicle
is scheduled for decommissioning activity by the spending unit.";
On page four, subsection 5.1., by striking out all of
subsection 5.1. and inserting in lieu thereof a new subsection 5.1.
to read as follows:
"5.1. A vehicle lease may be terminated by the Fleet
Management Office for failing to maintain the vehicle; vehicle
abuse beyond the intended purpose of the vehicle; or becoming
seriously delinquent (more than 90 days).";
On pages four and five, subsection 5.4., by striking out all
of subsection 5.4. and inserting in lieu thereof a new subsection
5.4. to read as follows:
"5.4. All vehicles governed by this rule should meet minimum
utilization criteria established by the Fleet Management Office. Justification for each underutilized vehicle will be provided by
the assigned Cabinet Secretary using the Fleet Management Office
designated form. Utilization criteria will apply to each vehicle
individually; consider periods of inactivity; specialized vehicle
mission; cost effectiveness; minimum mileage requirements; and the
current replacement methodology established by the Fleet Management
Office. Minimum utilization criteria will be reviewed by the Fleet
Management Office each fiscal year, provided to assigned cabinet
secretary, and included in an annual report to the Executive and
Legislative branches of State Government.";
On page seven, after subdivision 8.8.6., by inserting a new
subsection 8.9. to read as follows:
"8.9. Confidentially played vehicles may be excluded, at the
discretion of the spending unit, from any automated fleet
management program: Provided, That information necessary to
accurately report the vehicle for asset management purposes, such
as vehicle class, model year, drive type, in-service date, and
odometer reading as well as vehicle commuting status for fringe
benefit reporting purposes will be provided by the fifth working
day of each month by the spending unit using the Fleet Management
Office designated form.";
On page nine, subsection 10.1., by striking out all of
subsection 10.1. and inserting a new subsection 10.1. to read as
follows:
"10.1. Any long-term vehicle lease must first be approved by
the Fleet Management Office. Any vehicle purchase must first be
reviewed by the Fleet Management Office.
Regardless of vehicle acquisition method, spending units
should not increase their fleet size without prior notification to
the Fleet Management Office. A designated form will be processed by
the Fleet Management Office with response provided to spending unit
within five (5) business days from receipt of the designated form
by the Fleet Management Office.";
And,
On page eleven, subdivision 10.9.1., by striking out the first
sentence and inserting in lieu thereof a new first sentence to read
as follows:
"Accidents and damage to vehicles and aircraft must be
reported to the Fleet Management Office and the Board of Risk and
Insurance Management by the spending unit on the day of the
accident if practical or the next business day if it is impractical
to report the accident."
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (general
provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (Teachers'
Defined Contribution System, 162 CSR 3), is authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (Public
Employees Retirement System, 162 CSR 5), is authorized with the
following amendments:
On page two, subdivision 5.1.4., by striking out the word
"5.1.2." and inserting in lieu thereof the word "5.1.3.";
And,
On page two, subdivision 5.1.5., by striking out the word
"5.1.3." and inserting in lieu thereof the word "5.1.4.".
(d) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (refund,
reinstatement, retroactive service, loan and employer error
interest factors, 162 CSR 7), is authorized with the following
amendment:
On page five, subsection 4.2., by striking out all of subsection 4.2. and inserting in lieu thereof a new subsection 4.2.
to read as follows:
"4.2. West Virginia State Police Death, Disability and
Retirement Fund. In the event a member of the West Virginia State
Police Death, Disability and Retirement Funds requests and is
determined to be eligible to restore retirement system service
credit for periods of previously terminated employment, the member
shall pay into the West Virginia State Police Retirement System as
established in W. Va. Code §15-2A-1 et seq., any contributions
which the member may have previously withdrawn from the West
Virginia State Police Death, Disability and Retirement Fund at the
termination of any prior periods of employment, plus reinstatement
interest at the rate specified in W. Va. Code §15-2-37(b)."
(e) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (West Virginia
State Police, 162 CSR 9), is authorized.
§64-2-3. Ethics Commission.
The legislative rule filed in the state register on the
twenty-fourth day of June, two thousand ten, authorized under the
authority of section two, article two, chapter six-b of this code,
modified by the Ethics Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state register on the twentieth day of August, two thousand ten, relating
to the Ethics Commission (forms, 158 CSR 20), is authorized.