SB 142 HJUD AM 2-14
The Committee on the Judiciary moves to amend the bill on page three, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
( a) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section four, 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 September 16, 2014, relating to the Department of Administration (Purchasing Division, 148 CSR 1), is authorized with the following amendments:
On page two, subsection 3.2, by striking out the word “will”in the three places it appears in that subsection beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the three places they appear in that subsection so that the word “shall” is reinstated in the text;
On pages two and three, throughout section 4, by striking out the word “will” in the seven places it appears in that section beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the seven places they appear in that section so that the word “shall” is reinstated in the text;
On pages four, five and seven, throughout section 5, by striking out the word “will” in the ten places it appears in that section beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the ten places they appear in that section so that the word “shall” is reinstated in the text;
On page eight, subdivision 6.1.b., by striking out the word “will” and removing the strikethrough of the word “shall”so that the word “shall” is reinstated in the text;
On page eight, subdivision 6.1.d., by striking out the word “will” and removing the strikethrough of the word “shall”so that the word “shall” is reinstated in the text;
One page nine, subsection 6.2, by striking out the word “will” and inserting in lieu thereof the word “does”;
On page ten, subdivision 6.3.h., by striking out the word “will” and removing the strikethrough of the word “shall”so that the word “shall” is reinstated in the text;
On page ten, subdivision 6.4.a., after stricken words “The Director shall make an” by striking out the word “will” and inserting in lieu thereof the word “shall”;
On page ten, subdivisions 6.4.b., 6.4.c. ,6.4.d., and 6.4.e., by striking out the word “will” and removing the strikethrough of the word “shall”so that the word “shall” is reinstated in the text;
On page eleven, subdivision 6.5.a.3., by striking out the word “will” where it appears in that section beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page eleven, subdivision 6.5.b, after the strikethrough of the word “shall” by striking out the word “will” and inserting in lieu thereof the word “must”;
On page twelve, subdivision 6.6.b., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twelve, subdivision 6.8.d., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twelve, subdivision 6.8.f., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page thirteen, subdivision 7.2.a., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page thirteen, subdivision 7.2.b.3, after the word “appropriate” and the comma by inserting the word “or”;
On page thirteen, subsection 7.3, by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page fourteen, subdivision 7.5.c., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page fourteen, subdivision 7.6.a., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page fourteen, subdivision 7.6.a., after the word “procure” by striking out the words “goods or services” and inserting in lieu thereof the words “specific commodities for immediate delivery”;
On page fourteen, subdivision 7.6.b., after the word “basis” by striking out the words “will permit” and inserting in lieu thereof the word “permits”;
On page fourteen, subdivision 7.6.b., after the word “procure” by striking out the words “goods or services” and inserting in lieu thereof the words “specific commodities for immediate delivery”;
On page fourteen, subdivision 7.6.b., after the word “unit” in the second sentence aby deleting the word “must”;
On page fourteen, subdivision 7.5.b., after the words “if possible” by striking the comma and the words “and any” and inserting in lieu thereof a period and the word “Any”;
On page fourteen, subdivision 7.6.c., by striking out the word “will”in the two places it appears in that subdivision beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the two places they appear in that subsection so that the word “shall” is reinstated in the text;
On page fourteen, subdivision 7.6.c., after the words “procurement of” by striking out the words “goods or services” and inserting in lieu thereof the words “specific commodities for immediate delivery”;
On page fifteen, subdivision 7.7.b, by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page fifteen and sixteen, throughout subsection 7.8, by striking out the word “will” in the four places where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” in the four places that it appears in that subsection so that the word “shall” is reinstated in the text;
On page fifteen, subdivision 7.8.a.1.; after the word “Director” by striking the period;
On page sixteen, subdivision 7.9.b., by striking out the word “will”in the two places it appears in that subdivision beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the two places they appear in that subdivision so that the word “shall” is reinstated in the text;
On page seventeen, subdivision 7.10.d., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page seventeen, subdivision 7.10.e., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page seventeen, throughout subsection 7.11, by striking out the word “will” in the two places it appears in that section beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the two places they appear in that section so that the word “shall” is reinstated in the text;
On page seventeen, subdivision 7.12.a.2., after the word “between” and inserting the word “the”;
On page eighteen, subdivision 7.12.b.2., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page eighteen, subdivision 7.12.c., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page nineteen, subdivision 8.1.b., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page nineteen, subdivision 8.1.c., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page nineteen, subdivision 8.2.a., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twenty, subdivision 8.5., after the stricken word “shall” by striking out the words “will remain” and inserting in lieu thereof the word “remains”;
On page twenty, subsection 8.5., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twenty, subsection 9.2., by striking out the word “will”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twenty-one, section 11, by striking out the word “must”where it appears beside the strikethrough of the word “shall” throughout the section and by removing the strikethrough of the word “shall” where it appears throughout the section so that the word “shall” is reinstated in the text;
On page twenty-two, subsection 11.5., after the word “auction” by striking out the word “will” and inserting the word “shall”;
On page twenty-three, subsection 12.2., by removing the strikethrough of the word “shall” where it appears in that subsection so that the word “shall” is reinstated in the text;
On page twenty-three, subsection 12.2., after the word “them” by inserting the word “as”;
On page twenty-three, subsection 12.3., after the words “defined in” by striking out the word “W. Va.” and inserting in lieu thereof the words “West Virginia”;
On page twenty-four, subdivision 12.3.d., after the words “Purchasing Division” by striking the word “will” and inserting in lieu thereof the word “shall”;
On page twenty-four, subdivision 12.4.a., “Nothing contained herein” by striking out the words “will prohibit” and inserting in lieu thereof the word “prohibits”;
On page twenty-four, subdivision 12.4.c., after the words “spending unit” and the comma, by striking out the word “will” and inserting in lieu thereof the word “shall”;
On page twenty-four, subdivision 12.4.d., by striking out the word “will”in the two places it appears in that subdivision beside the strikethrough of the word “shall” and by removing the strikethroughs of the word “shall” in the two places they appear in that subdivision so that the word “shall” is reinstated in the text;
On page twenty-four, subdivision 12.4.d., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twenty-five, subdivision 12.4.d.3., after the words “the vendor” striking through the word “must” and inserting in lieu thereof the word “shall”;
On page twenty-five, subsection 12.5, by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
On page twenty-five, subsection 13.2., by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text;
And,
On page twenty-five, subsection 13.5., by striking out the word “must”where it appears beside the strikethrough of the word “shall” and by removing the strikethrough of the word “shall” so that the word “shall” is reinstated in the text.”
(b) The legislative rule filed in the State Register on July 29, 2014, authorized under the authority of section forty-eight, 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 September 16, 2014, relating to the Department of Administration (state owned vehicles, 148 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section forty-four, 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 September 16, 2014, relating to the Department of Administration (state plan for the operation of the West Virginia State Agency for Surplus Property, 148 CSR 4, is authorized.
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on July 31, 2014, 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.
(b) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
(c) The legislative rule filed in the State Register on the July 31, 2014, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized.
§64-2-3. Office of Technology.
The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section four, article six, chapter five-a of this code, modified by the Office of Technology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 3, 2014, relating to the Office of Technology (procedures for sanitization, retirement and disposition of information technology equipment, 163 CSR 1, is authorized.