WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 543

By Senators Maynard, Carmichael, Blair, Boso, Ferns, Gaunch, Leonhardt, Mullins, Palumbo, Trump and Plymale

[Introduced February 6, 2016;
Referred to the Committee on Government Organization.]

A BILL to amend and reenact §29A-3-11 of the Code of West Virginia, 1931, as amended, relating to requiring agencies to submit additional information when it submits a proposed legislative rule to the Legislature for approval; requiring an economic impact statement to be submitted; requiring the economic impact statement include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement; requiring the agency to make available a lead author of the statement or other qualified representative of the agency to discuss the statement; requiring the objective of the rule be submitted; requiring statutory authority for the rule be submitted; requiring public comments be submitted; requiring written responses to public comments be submitted and whether the agency modified the proposed rule in response to the comments and, if not, the reasons why; requiring the Legislative Rule-Making Review Committee to review this code, federal statutes and rules and local rules to determine if the proposed rule overlaps or is duplicative of those statutes or rules; requiring the Legislative Rule-Making Review Committee to consider whether the proposed rule would be overly burdensome on business and industry; and setting forth some of the criteria the Legislative Rule-Making Review Committee is to consider when reviewing the proposed rule.

Be it enacted by the Legislature of West Virginia:

That §29A-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. RULE MAKING.

§29A-3-11.  Submission of legislative rules to the Legislative Rule-Making Review Committee.

(a) When an agency finally approves a proposed legislative rule for submission to the Legislature, pursuant to the provisions of section nine of this article, the secretary of the executive department which administers the agency pursuant to the provisions of article two, chapter five-f of this code shall submit to the Legislative Rule-Making Review Committee at its offices or at a regular meeting of such committee fifteen two copies of:

(1) The full text of the legislative rule as finally approved by the agency, with new language underlined and with language to be deleted from any existing rule stricken through but clearly legible;

(2) A brief summary of the content of the legislative rule and a description and a copy of any existing rule which the agency proposes to amend or repeal;

(3) A statement of the circumstances which require the rule;

(4) A detailed description of the objective or purpose of the rule and the proposed changes to the rule;

(4) (5) A fiscal note containing all information included in a fiscal note for either house of the Legislature; and a statement of the economic impact of the rule on the state or its residents;

(6) An Economic Impact Statement that addresses the probable effect of the proposed rule on the economy on the State of West Virginia including, but not limited to, the effect of the regulation on employment, job creation or reduction and compensation. The statement shall include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The agency shall also make available a lead author of the statement or other qualified representative of the agency to discuss the statement with the Joint Rule-Making Review Committee and any committee of the House or Senate to which the rule is referred;

(5) (7) One copy of any relevant federal statutes or regulations; and

(8) An explanation of the statutory authority for the rule including a detailed summary of the effect of each rule provision with citation to the specific statute which empowers the agency to enact such provision;

(9) All public comments for each proposed rule. An agency may consolidate substantially similar comments in the interest of efficiency.

(10) All written responses by the agency to the substance of any public comments received, including whether the agency chose to modify the proposed rule in response to the comments or, if no change were made, the rationale for declining to incorporate or make any suggested changes responding to the public comments. An agency may consolidate substantially similar responses in the interest of efficiency:  Provided, That the agency’s response addresses each issue and concern expressed by all comments received; and

(6) (11) Any other information which the committee may request or which may be required by law. If the agency is an agency, board or commission which is not administered by an executive department as provided for in article two, chapter five-f of this code, the agency shall submit the final agency-approved rule as required by this subsection.

(b) The committee shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon. Such review shall include, but not be limited to, a determination of:

(1) Whether the agency has specific statutory authority to propose the rule and has exceeded the scope of its statutory authority in approving the proposed legislative rule;

(2) Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret or make specific;

(3) Whether the proposed legislative rule overlaps, duplicates or conflicts with any other provision of this code or with any other rule adopted by the same or a different agency or with federal statutes or rules or with local laws or rules;

(4) Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the rule was proposed for promulgation;

(5) Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;

(6) Whether the proposed legislative rule could be made less complex or more readily understandable by the general public; and

(7) Whether the proposed legislative rule was proposed for promulgation in compliance with the requirements of this article and with any requirements imposed by any other provision of this code; and

(8) Whether the proposed legislative rule will be overly burdensome on business and industry by considering criteria that includes but is not limited to the potential impact on:

(A) Job creation;

(B) Economic growth;

(C) Investment;

(D) Competitiveness;

(E) Entrepreneurial activity; and

(F) Innovation.

(c) After reviewing the legislative rule, the committee shall recommend that the Legislature:

(1) Authorize the promulgation of the legislative rule; or

(2) Authorize the promulgation of part of the legislative rule; or

(3) Authorize the promulgation of the legislative rule with certain amendments; or

(4) Recommend that the proposed rule be withdrawn.

The committee shall file notice of its action in the State Register and with the agency proposing the rule: Provided, That when the committee makes the recommendations of subdivision (2), (3) or (4) of this subsection, the notice shall contain a statement of the reasons for such recommendation.

(d) When the committee recommends that a rule be authorized, in whole or in part, by the Legislature, the committee shall instruct its staff or the office of Legislative Services to draft a bill authorizing the promulgation of all or part of the legislative rule and incorporating such amendments as the committee desires. If the committee recommends that the rule not be authorized, it shall include in its report a draft of a bill authorizing promulgation of the rule together with a recommendation. Any draft bill prepared under this section shall contain a legislative finding that the rule is within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret and shall be available for any member of the Legislature to introduce to the Legislature.

NOTE: The purpose of this bill is to require agencies to submit additional information when it submits a proposed legislative rule to the Legislature for approval. The bill requires an economic impact statement to be submitted. The bill requires the economic impact statement include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The bill requires the agency to make available a lead author of the statement or other qualified representative of the agency to discuss the statement. The bill requires the objective of the rule be submitted. The bill requires statutory authority for the rule be submitted. The bill requires public comments be submitted. The bill requires written responses to public comments be submitted and whether the agency modified the proposed rule in response to the comments and, if not, the reasons why. The bill requires the Legislative Rule-Making Review Committee to review this code, federal statutes and rules and local rules to determine if the proposed rule overlaps or is duplicative of those statutes or rules. The bill requires the Legislative Rule-Making Review Committee to consider whether the proposed rule would be overly burdensome on business and industry. The bill sets forth some of the criteria the Legislative Rule-Making Review Committee is to consider when reviewing the proposed rule.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.