H. B. 2192
(By Delegates Gallagher, Douglas, Compton,
Linch, Faircloth and Riggs)
(Introduced January 23, 1995; referred to the
Committee on Government Organization then the Judiciary.)
A BILL to amend and reenact section three, article two, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of personnel to promulgate legislative rules relating
to the administrative rule of the West Virginia division of
personnel.
Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-3. Division of personnel.
(a) The legislative rules filed in the state register on the
nineteenth day of November, one thousand nine hundred eighty-six,
modified by the civil service commission to meet the objection of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of December, one thousand nine hundred
eighty-six, relating to the civil service commission (civil service
system), are authorized.
(b) The legislative rules filed in the state register on the
first day of November, one thousand nine hundred eighty-eight,
modified by the civil service commission to meet the objections of
the legislative rule-making review committee and refiled in the state
register on the twenty-third day of February, one thousand nine
hundred eighty-nine, relating to the civil service commission (civil
service system), are authorized with the amendments set forth below:
On page fifteen, section 5.05(d), after the words "established
in" by striking out the remainder of the sentence and inserting in
lieu thereof the words "Chapter 29-6A of the Code of West Virginia,
as amended."
On page fifteen, section 5.06, after the words "established in" by striking out the remainder of the sentence and inserting in lieu
thereof the words "Chapter 29-6A of the Code of West Virginia, as
amended."
On pages sixteen and seventeen by deleting all of section 5.07.
And,
On page 46, section 13(f) line 2 by striking the words
"previously held".
(c) The legislative rules filed in the state register on the
fourteenth day of May, one thousand nine hundred ninety, modified by
the division of personnel to meet the objections of the legislative
rule-making review committee and refiled in the state register on the
twenty-fifth day of September, one thousand nine hundred ninety,
relating to the division of personnel (civil service system), are
authorized.
(d) The legislative rules filed in the state register on the
seventeenth day of September, one thousand nine hundred ninety-two,
modified by the division of personnel to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eighteenth day of February, one thousand nine hundred
ninety-three, relating to the division of personnel (administrative rules and regulations of the West Virginia division of personnel),
are authorized, with the following amendments:
On page 5, section 3, subsection 42, after the "affected", by
striking the word "classified", and inserting in lieu thereof the
word "state";
And,
On page 66, subsection 17.01(e)(3), after the words "provisions
of" by striking out the words "W.V. Code §3-8-3, §3-3-4 or §3-8-5(e),
or serve as a ballot commissioner or election official working inside
a polling place; or sell tickets to political affairs to employees
in the classified services; or post or distribute campaign literature
in a classified employee's worksite; or wear apparel bearing
political logos or endorsements during work hours when observed by
or in contact with the public" and inserting the words "sections
three, four or five-e, article eight, chapter three of the Code of
West Virginia, as amended.
And,
On page 67, subsection 17.04, by striking all of subsection
17.04.
(e) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of personnel to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of December, one thousand nine hundred
ninety-four, relating to the division of personnel (administrative
rule of the West Virginia division of personnel), are authorized.
NOTE: The purpose of this bill is to authorize the Division of
Personnel to promulgate legislative rules relating to the
administrative rule of the West Virginia Division of Personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.