COMMITTEE SUBSTITUTE
FOR
H. B. 4200
(By Delegates Hunt, Linch, Compton, Jenkins,
Faircloth and Riggs)
(Originating in the Committee on the Judiciary)
[February 27, l998]
A BILL to amend and reenact section one, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
two, 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 and
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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative rule-making review committee; authorizing fire commission to
promulgate legislative rules relating to building code;
authorizing fire commission to promulgate legislative rules
relating to fire code; authorizing state police to promulgate
legislative rules relating to administration; authorizing
state police to promulgate legislative rules relating to cadet
selection; authorizing state police to promulgate legislative
rules relating to carrying of handguns; authorizing state
police to promulgate legislative rules relating to contracted
services; authorizing state police to promulgate legislative
rules relating to vehicle inspections; and authorizing state
police to promulgate legislative rules relating to grievance
procedures.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section two, all to
read as follows:
CHAPTER 64. LEGISLATIVE RULES.
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Fire commission.
(a) The legislative rule filed in the state register on the
first twenty-second day of
August October, one thousand nine
hundred
ninety-six ninety-seven, modified by the fire commission
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-ninth
twentieth day of
October January, one thousand nine hundred
ninety-six ninety-eight, relating to the fire commission (state
building code, 87 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fourth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section five, article three,
chapter twenty-nine, of this code, modified by the fire commission
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twelfth day of
November, one thousand nine hundred ninety-seven, relating to the
fire commission (state fire code, 87 CSR 1), is authorized with the
following amendment:
On page one, section §87-1-2, line four, after the word
"incident" and the period by striking out the remainder of the
section and inserting in lieu thereof the words "Provided, That any
fire or explosion involving human fatality, arson or suspected
arson shall be reported immediately."
And,
On page one, section §87-1-3, line two, after the word
"dwellings" by inserting the words "Provided, That a single unvented fuel fired heater is permitted for demonstration purposes
in authorized mercantile applications when installed in accordance
with manufacturers recommendations. The single heater must be
connected to a permanent source of fuel and shall not be used as a
permanent or alternate source of heating. The unvented heater
shall be shut off at the end of each business day."
§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.