HB4142 S JUD AM #1

LAZELL 7873

    The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting section and inserting in lieu thereof the following:

    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 fifteenth day of July, two thousand eleven, authorized under the authority of section fifty-nine, article three, 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 nineteenth day of September, two thousand eleven, relating to the Department of Administration (certification for small, women and minority-owned businesses, 148 CSR 22), is authorized.

§64-2-2. Consolidated Public Retirement Board.

    (a)The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand eleven, authorized under the authority of section one, article ten-d, chapter five, of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of September, two thousand eleven, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR 5), is authorized, with the following amendment:

    On page three, section eight, subsection 8.1, after the words “fourteen and five-tenths (14.5%) of each compensation payment of all its employees who are members of the Public Employees Retirement System” by changing the period to a colon and inserting the following: “And provided further, that beginning July 1, 2012, each participating public employer shall contribute fourteen percent (14%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.”.

    (b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand eleven, 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.

    (c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand eleven, 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, with the following amendment:

    On page eight, section fourteen, subsection 14.1, line 10, after the words “seventeen and five-tenths (17.5%) of the monthly salary of each member of the West Virginia State Police Retirement System to the West Virginia State Police Retirement System” by changing the period to a colon and inserting the following: “And provided further, that beginning July 1, 2012, the West Virginia State Police shall contribute fifteen and five-tenths percent (15.5%) of the monthly salary of each member of the West Virginia State Police Retirement System to the West Virginia State Police Retirement System.”.

§64-2-3. Division of Personnel.

    (a) The legislative rule filed in the State Register on the twenty-second day of July, two thousand eleven, authorized under the authority of section ten, article six, chapter twenty-nine, of this code, 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 November, two thousand eleven, relating to the Division of Personnel(administrative rule of the West Virginia Division of Personnel, 143 CSR 1), is authorized, with the following amendments:

    On page 10, line 3, by striking out the subsection designation “3.80” and inserting in lieu thereof the subsection designation “3.81”, and re-designating the remaining subsections accordingly;

    On page forty-six, subdivision 12.4.(i), after the words “after layoff shall” by inserting the word “not”;

    On page seventy, after subdivision 21.3.(b), by inserting a new section, designated section 22, to read as follows:

    Section. Grievance Procedure

         An employee hired for permanent employment may file a grievance with the Education and State Employees Grievance Board as provided in W. Va. Code §6C-2-1 et seq.;

    And,

    By renumbering the remaining sections.

    (b) The legislative rule filed in the State Register on the twenty-second day of July, two thousand eleven, authorized under the authority of section one, article four, chapter twenty-three, of this code, 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 November, two thousand eleven, relating to the Division of Personnel (Workers’ Compensation temporary total disability, 143 CSR 3), is authorized.

Adopted

Rejected