Committee Substitute
House Bill 4172 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version (2)
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 4172
(
By Delegates Mahan, Palumbo, Cann,
Pino, Armstead and Overington
)
(Originating in the Committee on the Judiciary)
[February 24, 2006]
A BILL
to amend and reenact article 2, chapter 64 of the code of
West Virginia, 1931, as amended,
all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the legislative rule-making review committee and as amended by the legislature; authorizing the Department of
Administration to promulgate a legislative rule relating to
leasing space on behalf of state spending units; authorizing
the Department of Administration to promulgate a legislative
rule relating to selecting design-builders under the Design
Build Procurement Act; authorizing the Department of
Administration to promulgate a legislative rule relating to
cannibalization of state property; authorizing the Department
of Administration to promulgate a legislative rule relating to
waste disposal of state property; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule
relating to benefit determination and appeals; authorizing the
Consolidated Public Retirement Board to promulgate a
legislative rule relating to the Teachers' Defined Benefit
Plan; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to service credit for
accrued and unused sick and annual leave; authorizing the
Consolidated Public Retirement Board to promulgate a
legislative rule relating to the West Virginia State Police;
authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Deputy Sheriff
Retirement System; authorizing the Ethics Commission to
promulgate a legislative rule relating to the Commission;
authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings;
authorizing the Ethics Commission to promulgate a legislative
rule relating to lobbying; authorizing the Ethics Commission
to promulgate a legislative rule relating to a code of conduct
for administrative law judges; authorizing the Ethics
Commission to promulgate a legislative rule relating to the
filing of verified time records; authorizing the Ethics
Commission to promulgate a legislative rule relating to
compliance audits; and authorizing the Ethics Commission to
promulgate a legislative rule relating to ethics training
requirements for designated public officials.
Be it enacted by the Legislature of West Virginia:
That article 2, chapter 64 of the code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
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 the
twenty-ninth day of July, two thousand five, authorized under the
authority of section forty-two, 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 third day of January, two
thousand six, relating to the Department of Administration (Leasing space on behalf of state spending units, 148 CSR 2),
is authorized,
with the following amendments:
On page one, subsection 3.2, following the word "requested"
and the comma by striking out the remainder of subsection 3.2.
(b) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section six, article twenty-two-a, chapter five, 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 eighteenth day of January, two
thousand six, relating to the Department of Administration
(Selecting design-builders under the Design Build Procurement Act,
148 CSR 11),
is authorized, with the following amendments:
On page seven, subsection 13.2, following the word "Agency" by
striking out the remainder of subsection 13.2 and inserting in lieu
thereof, the following: "at any time prior to the start of
construction if any requirement of the project is not satisfied.";
and
On page eight, following subsection 14.7 by inserting the
following:
"§148-11-15 Public Emergencies.
15.1 If an application for a Design-Build proposal is filed
which indicates a public emergency, the Design-Build Board shall
take immediate action to determine if the project meets the criteria for a design-build project.
15.2 If the criteria are satisfied, the Board shall meet to
approve or disapprove the application. If this situation occurs,
the Board shall file a notice of emergency meeting with the
Secretary of State in accordance with the Open Governmental
Meetings Act.
15.3 A design-build project application may not indicate a
public emergency if the emergency indicated is the result of self-
imposed hardships, such as, neglect, poor planning, or a lack of
organization by the applicant.".
(c) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section forty-five, 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 fifth day of December, two
thousand five, relating to the Department of Administration
(Cannibalization of state property, 148 CSR 16),
is authorized,
with the following amendment:
On page one, subsection 3.2, following the word "Division" by
striking out the remainder of subsection 3.2.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, authorized under the
authority of section forty-five, 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 fifth day of December, two
thousand five, relating to the Department of Administration (Waste
disposal of state property, 148 CSR 17), is authorized.
§64-2-2. Consolidated Public Retirement Board.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the Consolidated Public Retirement Board
(Benefit determination and appeal, 162 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the Consolidated Public Retirement Board
(Teachers' Defined Benefit Plan, 162 CSR 4), is authorized.
(c) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the Consolidated Public Retirement Board
(Service credit for accrued and unused sick and annual leave, 162
CSR 8),
is authorized, with the following amendment:
On page four, line twenty-seven, by striking out subsection
7.2 in its entirety and inserting in lieu thereof the following:
"7.2. Limitation on the Accrual of Unused Sick and Annual
Leave. - If the West Virginia State Police policy for the accrual
of unused sick and annual leave is more generous than that of the
State of West Virginia for its state agency employees, trooper
members shall receive service credit only for unused sick and
annual leave as provided for by the state of West Virginia for
state employees who are covered by the rules of the West Virginia
Division of Personnel, except as provided in 7.2.1.
7.2.1. Except as provided in 7.2.2 of this rule, for
purposes of determining service credit that may be received by a
trooper member for accrued and unused annual leave, a trooper
member with up to 480 hours (60 work days) accrued and unused
annual leave that was carried forward from 2005 to 2006 may carry
forward accrued and unused annual leave from 2006 to 2007 in an
amount not to exceed either the amount of accrued and unused annual leave actually carried over from 2005 to 2006 or the amount of
accrued and unused annual leave actually remaining to the trooper
member at the expiration of calendar year 2006, whichever is
lesser. At the end of each calendar year thereafter, the trooper
member may carry over the lesser of the amount carried over the
previous year or the amount actually remaining to the trooper
member at the expiration of calendar year.
7.2.2. If the amount of a trooper member's unused annual
leave carried over from 2005 to 2006, or from any year to the next
thereafter, is less than the amount of unused annual leave
permitted to be carried over as provided for by the state of West
Virginia for state employees who are covered by the rules of the
West Virginia Division of Personnel, the provisions of 7.2.1 of
this rule do not apply and the trooper member shall thereafter be
governed by the provisions of 7.2 of this rule and for purposes of
determining service credit that may be received by a trooper member
for accrued and unused annual leave, is permitted to carry over
annual leave up to but not exceeding the amounts permitted to be
carried over as provided for by the state of West Virginia for
state employees who are covered by the rules of the West Virginia
Division of Personnel.
7.2.3. The provisions of this rule govern the
determination of service credit that may be received by a trooper
member for accrued and unused annual leave, and may not be construed to supersede any West Virginia State Police policy for
the accrual of unused sick and annual leave applicable to
contributing trooper members before retirement.".
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the Consolidated Public Retirement Board
(West Virginia State Police, 162 CSR 9), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand five, 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 third day of January, two
thousand six, relating to the Consolidated Public Retirement Board
(Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
§64-2-3. Ethics Commission.
(a) The legislative rule filed in the state register on the
twentieth day of July, two thousand five, authorized under the
authority of section two, article two, chapter six-b, 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 the twentieth day of January, two thousand six,
relating to the Ethics Commission (West Virginia Ethics Commission,
158 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twentieth day of July, two thousand five, authorized under the
authority of section two, article two, chapter six-b, of this code,
relating to the Ethics Commission (Complaints, investigations and
hearings, 158 CSR 3), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand five, authorized under the
authority of section two, article two, chapter six-b, 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 the twentieth day of January, two thousand six,
relating to the Ethics Commission (Lobbying, 158 CSR 12), is
authorized.
(d) The legislative rule filed in the state register on the
twentieth day of July, two thousand five, authorized under the
authority of section five-a, article two, chapter six-b, of this
code, relating to the Ethics Commission (code of conduct for
administrative law judges, 158 CSR 13), is authorized.
(e) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand five, authorized under the authority of section two, article two, chapter six-b, of this code,
relating to the Ethics Commission (filing of verified time records,
158 CSR 14), is authorized.
(f) The legislative rule filed in the state register on the
twentieth day of July, two thousand five, authorized under the
authority of section two, article two, chapter six-b, 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 the twentieth day of January, two thousand six,
relating to the Ethics Commission (Compliance audits, 158 CSR 15),
is authorized.
(g) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand five, authorized under the
authority of section five-b, article two, chapter six-b, 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 the twentieth day of January, two thousand six,
relating to the Ethics Commission (Ethics training requirements for
designated public officials, 158 CSR 18), is authorized.