WEST virginia legislature

2022 regular session

Committee Substitute

for

House Bill 4114

By Delegate Foster

[Introduced January 18, 2022; referred to the Committee on the Judiciary]

A BILL to amend and reenact §64-2-1 et. seq. of the Code of West Virginia, 1931, as amended, all relating generally, to authorizing certain agencies of the Department of Administration to promulgate legislative rules; authorizing the rules as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Ethics Commission to promulgate a legislative rule relating to use of office for private gain, including nepotism; authorizing the Division of Personnel to promulgate a legislative rule relating to the Administrative rule of the West Virginia Division of Personnel; authorizing the Office of Technology to promulgate a legislative rule relating to the Chief Information Officer review; and authorizing the Office of Technology to promulgate a legislative rule relating to cyber reporting.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. Authorization for Department of Administration to promulgate legislative rules.

§64-2-1. Ethics Commission.

The legislative rule filed in the State Register on May 12, 2021, authorized under the authority of §6B-2-5 of this code, modified by the Ethics Commission  to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 16, 2021, relating to the Ethics Commission  (Use of Office for Private Gain, Including Nepotism, 158 CSR 06), is authorized with the following amendment:

On page 2, subdivision 3.6.1, after the word “unless” by inserting the words “required by law and”.

§64-2-2. Division of Personnel.

The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of §29-6-10 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 August 24, 2021, relating to the Division of Personnel  (Administrative Rule of the West Virginia Division of Personnel, 143 CSR 01), is authorized.

§64-2-3. Office of Technology.

(a)             The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §5A-6-4 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 December 16, 2021, relating to the Office of Technology (Chief Information Officer Review , 163 CSR 02), is authorized.

(b)             The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of §5A-6B-3 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 December 16, 2021, relating to the Office of Technology  (Cyber Reporting, 163 CSR 03), is authorized.

NOTE: The purpose of this bill is to authorize the Ethics Commission to promulgate a legislative rule relating to Use of Office for Private Gain, Including Nepotism.

This section is new; therefore, strike-throughs and underscoring have been omitted.