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Enrolled Version - Final Version Senate Bill 459 History

OTHER VERSIONS  -  Introduced Version - Originating in Committee  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
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ENROLLED

Senate Bill No. 459

(By Senators Plymale, Edgell, Bailey, Green, Hunter, Oliverio, Stollings, Wells, Boley, Guills and Hall)

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[Passed February 8, 2008; in effect from passage.]

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AN ACT to amend and reenact §18-9D-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9D-21; and to amend and reenact §18B- 17-2 of said code, all relating to education rules; authority of School Building Authority to promulgate rules; determining effective dates; waiving technical deficiencies; and authorizing rules of the School Building Authority and the Higher Education Policy Commission.

Be it enacted by the Legislature of West Virginia:
That §18-9D-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §18-9D-21; and that §18B-17-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 9D. SCHOOL BUILDING AUTHORITY.

§18-9D-20.
Authority to promulgate rules; legislative authorization; effective date of rules; technical deficiencies waived.

(a) The authority is hereby empowered to promulgate, adopt, amend or repeal rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.
(b) All rules adopted or promulgated by the authority and in effect on the eighth day of June, two thousand seven, shall be refiled pursuant to the provisions of article three-a, chapter twenty-nine-a of this code on or before the first day of September, two thousand seven.
(1) Any interpretive or procedural rule shall continue in effect until rescinded or appropriately refiled by the authority.
(2) Any legislative rule shall continue in effect until approved or rejected by the Legislature or rescinded by the authority.
(c) Under the provisions of article three-a, chapter twenty-nine-a of this code, the Legislature expressly authorizes the promulgation of the rules described in this article, subject only to the limitations with respect to each rule set forth by law authorizing its promulgation. The Legislature further declares that all rules now or hereafter authorized in this article are within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
(d) The effective date of a legislative rule authorized in section twenty-one of this article is governed by the provisions of section fourteen, article three-a, chapter twenty-nine-a of this code under the following conditions:
(1) The School Building Authority, in promulgating the rule, establishes an effective date which is earlier than that provided by that section, in which case the effective date established by the authority controls; or
(2) The Legislature, in the bill authorizing the rule, establishes an effective date for the rule, in which case the effective date established by the Legislature controls.
(e) The Legislature further declares each legislative rule now or hereafter authorized under this article to have been validly promulgated, notwithstanding any failure to comply with any requirement of article three-a, chapter twenty-nine-a of this code relating to the promulgation of rules at any stage of the promulgation process prior to authorization by the Legislature in this article.

§18-9D-21. Authorizing rules of School Building Authority.
(a) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, relating to the School Building Authority (School Building Authority requirements for Comprehensive Educational Facility Plan rule) is authorized.
(b) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, relating to the School Building Authority (funding School Building Authority projects rule) is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, relating to the School Building Authority (School Building Authority school planning and design criteria rule) is authorized.
(d) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, relating to the School Building Authority (School Building Authority project administration and review rule) is authorized.
(e) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, and amended by the School Building Authority and refiled on the tenth day of December, two thousand seven, relating to the School Building Authority (School Building Authority contract and agreements rule) is authorized.
(f) The legislative rule filed in the State Register on the twenty-seventh day of September, two thousand seven, relating to the School Building Authority (School Building Authority reporting procedures rule) is authorized.
(g) The legislative rule filed in the State Register on the twelfth day of July, two thousand seven, and amended by the School Building Authority and refiled on the twenty-eighth day of December, two thousand seven, relating to the School Building Authority (School Access Safety Act rule) is authorized.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 17. LEGISLATIVE RULES.

§18B-17-2. Authorizing rules of Higher Education Policy Commission.

(a) The legislative rule filed in the State Register on the fifteenth day of October, two thousand four, relating to the Higher Education Policy Commission (Underwood-Smith Teacher Scholarship Program rule) is authorized.
(b) The legislative rule filed in the State Register on the fifteenth day of October, two thousand four, relating to the Higher Education Policy Commission (West Virginia Engineering, Science and Technology Scholarship Program rule) is authorized.
(c) The legislative rule filed in the State Register on the fifteenth day of October, two thousand four, relating to the Higher Education Policy Commission (Medical Education Fee and Medical Student Loan Program rule) is authorized.
(d) The legislative rule filed in the State Register on the twenty-seventh day of October, two thousand five, relating to the Higher Education Policy Commission (authorization of degree-granting institutions) is authorized.
(e) The legislative rule filed in the State Register on the twenty-third day of August, two thousand six, relating to the Higher Education Policy Commission (West Virginia Higher Education Grant Program) is authorized.
(f) The legislative rule filed in the State Register on the fourth day of January, two thousand eight, relating to the Higher Education Policy Commission (Providing Real Opportunities for Maximizing In-state Student Excellence - PROMISE) is authorized.
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