H. B. 2565
(By Delegates Hunt, Linch, Compton, Faircloth,
Jenkins and Riggs)
[Introduced February 1, 1999; referred to the Committee
on Finance then the Judiciary.]
A BILL to amend and reenact section two, article six,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the state police to promulgate a
legislative rule relating to a written directive
system.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY
AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE
RULES.
§64-6-2. State police.
(a) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-seven, under the authority of section twenty-five,
article two, chapter fifteen, of this code, modified by the
state police to meet the objections of the legislative
rule-making review committee and refiled in the state
register on the twenty-third day of January, one thousand
nine hundred ninety-eight, relating to the state police
(administrative regulations, 81 CSR 1), is authorized.
(b) The legislative rule filed in the state register
on the seventeenth day of July, one thousand nine hundred
ninety-seven, under the authority of section twenty-five,
article two, chapter fifteen, of this code, modified by the
state police to meet the objections of the legislative
rule-making review committee and refiled in the state
register on the twenty-third day of January, one thousand
nine hundred ninety-eight, relating to the state police
(cadet selection, 81 CSR 2), is authorized.
(c) The legislative rule filed in the state register
on the seventeenth day of July, one thousand nine hundred
ninety-seven, under the authority of section twenty-five,
article two, chapter fifteen, of this code, modified by the
state police to meet the objections of the legislative rule-making review committee and refiled in the state
register on the twenty-third day of January, one thousand
nine hundred ninety-eight, relating to the state police
(carrying of handguns by retired or medically discharged
members, 81 CSR 6), is authorized.
(d) The legislative rule filed in the state register
on the seventeenth day of July, one thousand nine hundred
ninety-seven, under the authority of section eighteen,
article two, chapter fifteen, of this code, modified by the
state police to meet the objections of the legislative
rule-making review committee and refiled in the state
register on the twenty-third day of January, one thousand
nine hundred ninety-eight, relating to the state police
(contracted police or security services, 81 CSR 5), is
authorized with the following amendment:
"On page 2, Section 3.1, by reinserting the stricken
words 'in writing'."
(e) The legislative rule filed in the state register
on the seventeenth day of July, one thousand nine hundred
ninety-seven, under the authority of section forty-eight,
article two, chapter fifteen, of this code, relating to the
state police (modified vehicle inspections, 81 CSR 4), is
authorized.
(f) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-seven, under the authority of section six, article
two, chapter fifteen, of this code, modified by the state
police to meet the objections of the legislative
rule-making review committee and refiled in the state
register on the twenty-third day of January, one thousand
nine hundred ninety-eight, relating to the state police
(police grievance procedure, 81 CSR 8), is authorized.
(g) The legislative rule filed in the state register
on the third day of August, one thousand nine hundred
ninety-eight, authorized under the authority of section
twenty-five, article two, chapter fifteen, of this code,
modified by the state police to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the thirtieth day of September, one
thousand nine hundred ninety-eight, relating to the state
police (written directive system, 81 CSR 12), is
authorized.
NOTE: The purpose of this bill is to authorize the
State Police to promulgate a legislative rule relating to
a Written Directive System.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates
new language that would be added.
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