ENROLLED
Senate Bill No. 453
(By Senators Snyder, Jenkins, D. Facemire, Plymale and Foster)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §29A-2-7 of the Code of West Virginia,
1931, as amended, relating to publication of the State
Register.
Be it enacted by the Legislature of West Virginia:
That §29A-2-7 of the Code of West Virginia, 1931, as amended
be amended and reenacted to read as follows:
ARTICLE 2. STATE REGISTER.
§29A-2-7. Publication of State Register.
(a) The Legislature intends that the Secretary of State offer
to the public access to copies of the State Register and Code of
State Rules. The State Register, the Code of State Rules and other
publications shall be available in electronic format. A person may
request a printed copy of such from the Secretary of State for a
fee.
(b) All materials filed in the State Register shall be indexed daily in chronological order of filing with a brief description of
the item filed and a columnar cross index to:
(1) Agency;
(2) Code citation to which it relates and by which it is filed
in the State Register; and
(3) Other information in the description or cross index as the
Secretary of State believes will aid a person in using the index.
(c) The Secretary of State shall provide with each update of
the Code of State Rules, a copy of the rule monitor and its cross
index which shows the rules that have become effective but not yet
distributed and the rules which may be superseded by a rule which
is being proposed. The copy of the rule monitor distributed with
the updates of the Code of State Rules shall state plainly that
this version of the rule monitor only shows the status of the
promulgation of rules as of the date of distribution of the update
of the Code of State Rules, and that to obtain the most recent
status of the rules, the user should consult the rule monitor in
the most recent publication and instructions to users on how to use
the rule monitor determining the version of the rule in the Code of
State Rules currently in effect. This subsection is not to be
construed to require that subscribers to the updates of the Code of
State Rules receive a subscription to the State Register.
(d) The Secretary of State shall produce in an electronic
format the permanent biennial State Register, the chronological index and other materials filed in the register, or any part by
agency or section, article or chapter for subscription at a cost
including labor, paper and postage, sufficient in the Secretary of
State's judgment to defray the expense of such publication. The
Secretary of State shall also offer, at least at monthly intervals,
supplements to the published materials listed above. Any
subscription for monthly supplements shall be offered annually and
shall include the chronological index and materials related to an
agency or code citation as a person may designate. A person may
limit the request to notices only, to notices and rules, or to
notices and proposed rules, or any combination thereof.
(e) Every two years, the Secretary of State shall offer for
purchase succeeding biennial permanent state registers which shall
consist of all rules effective on the date of publication selected
by the Secretary of State, which date shall be at least two years
from the last publication date, and materials filed in the State
Register relating to the rule. The cost of the succeeding biennial
permanent State Register and for the portion relating to any agency
or any code citation which may be designated by a person shall be
fixed in the same manner specified in subsection (d) of this
section.
(f) The Secretary of State may omit from any duplication made
pursuant to subsection (e) of this section any rules the publication
of which would be unduly cumbersome, expensive or otherwise inexpedient, if a copy of such rules is made available from the
original filing of such rule, at a price not exceeding the cost of
publication, and if the volume from which such rule is omitted
includes a notice in that portion of the publication in which the
rule would have been located, stating:
(1) The general subject matter of the omitted rule;
(2) Each code citation to which the omitted rule relates; and
(3) The means by which a copy of the omitted rule may be
obtained.
(g) The Secretary of State may only propose changes to the
procedures outlined in the above subsection by proposing a
legislative rule under the provisions of section nine, article three
of this chapter.
(h) The Secretary of State shall promulgate for legislative
approval in accordance with the provisions of article three, of this
chapter a fees schedule for publications described in this section.
(i) The fees and amounts collected for the sale of the State
Register, the Code of State Rules and other copies or data provided
by the Secretary of State shall be deposited in the state General
Revenue Fund and one half of the fees in the service fees and
collections account established in accordance with section two,
article one, chapter fifty-nine of this code for the operations of
the office of the Secretary of State. The Secretary of State shall
dedicate sufficient resources from that fund or other funds to provide the services required in this article.