HB4002 HFAT SHOTT 1-21

Delegate Shott moves to amend the title of the bill to read as follows:

Com. Sub. for H. B. 4002 - - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19; and to amend said code by adding thereto a new section, designated §29A-3A-20, all relating to rule making under the state Administrative Procedures Act; providing for a sunset of rules promulgated after April 1, 2016; requiring a sunset provision for existing rules as they are modified; requiring Higher Education Policy Commission rules promulgated or modified after April 1, 2016 to include a sunset provision; clarifying that statutory sunset provisions take precedence over sunset provisions in a rule; expressly exempting emergency rules from the sunset requirement; requiring the Secretary of State to provide notice to agencies one year prior to an agency’s rule sunset date; specifying contents of the notice to agencies; requiring agencies to respond to the notice;  requiring the Secretary of State to publish the agency responses in the state register; requiring agencies to include the responses when the agency files a proposed rule for reauthorization with the Legislative Rule-making Review Committee; authorizing the Legislative Rule-making Review Committee to establish a procedure for timely review of rules prior to the expiration of the sunset provision; requiring the Secretary of State to provide notice to the Higher Education Policy Commission one year prior to a Commission rule sunset date; specifying contents of the notice to the Higher Education Policy Commission; requiring the Commission to respond to the notice; requiring the Secretary of State to publish the Higher Education Policy Commission responses in the state register; requiring the Higher Education Policy Commission to include the responses when the Commission files a proposed rule for reauthorization with the legislative oversight commission on education accountability; authorizing the legislative oversight commission on education accountability to establish a procedure for timely review of rules prior to the expiration of the sunset provision.”