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Senate Bill 327 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 327
(Senators
Ross, Minard,
Snyder, Unger, Boley and Minear
, original sponsors)
________
[Passed March 13, 2004; in effect from passage.]
________
AN ACT to amend and reenact §64-1-1 of the code of West Virginia,
1931, as amended; and to amend and reenact article 2, chapter
64 of said code, 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;
disapproving certain legislative rules;
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 parking
;
authorizing the consolidated public retirement board to
promulgate a legislative rule relating to general provisions
;
authorizing the consolidated public retirement board to
promulgate a legislative rule relating to benefit
determination and appeal
;
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 the West Virginia state police
disability determination and appeal process
;
authorizing the
board of risk and insurance management to promulgate a
legislative rule relating to the public entities insurance
program;
and
disapproving the board of risk and insurance
management legislative rule relating to the terms and
conditions pertaining to members of self-insurance pools who wish to participate in state insurance programs.
Be it enacted by the Legislature of West Virginia:
That §64-1-1 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that article 2, chapter 64 of said
code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a
of the code of West Virginia, the Legislature expressly authorizes
the promulgation of the rules described in articles two through
eleven, inclusive, of this chapter, subject only to the limitations
set forth with respect to each such rule in the section or sections
of this chapter authorizing its promulgation. Legislative rules
promulgated pursuant to the provisions of articles one through
eleven, inclusive, of this chapter in effect at the effective date
of this section shall continue in full force and effect until
reauthorized in this chapter by legislative enactment or until
amended by emergency rule pursuant to the provisions of article
three, chapter twenty-nine-a of this code.
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
first day of August, two thousand three, 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 twenty-third day of January,
two thousand four, 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, subdivision 1.1, on the ninth line, by striking
out the words "those spending units who are exempt or who have
independent leasing authority." and inserting in lieu thereof the
words "the division of highways, the higher education policy
commission, the lottery commission, or a spending unit of the state
with independent leasing authority pursuant to the code of West
Virginia. This exemption does not apply to the office space of
spending units of the executive branch.";
On page one, subsection 2.1, by designating the first
paragraph as subdivision 2.1.a and by designating the second
paragraph as subdivision 2.1.b;
On page one, subsection 2.2, line three, after the words
"describing the space" by striking out the remainder of the
subsection and by inserting in lieu thereof the words "and a letter
justifying the agency's need for leasing the new space.";
On page two, subdivision 4.2.b, line three, after the word
"considered", by inserting the words "by the leasing officer";
On page two, subdivision 4.2.c, line two, by inserting the
words "Class II";
On page two, section four, following subsection 4.3, by
inserting the following and renumbering the remaining subsections:
"4.4. Notification.
The Leasing Office shall provide written notification of its
site selection recommendation to the spending unit within thirty
(30) days of the evaluation of the spending unit's request for
space which includes the review of bids, evaluation of bids by the
Leasing Office and any negotiations conducted by the Leasing Office
pursuant to Subsection 4.3 of this rule prior to final location
selection."
On page two, section four, subsection 4.4, by striking the
second paragraph;
On page two, subsection 4.5, after the period, by inserting
the words "The leasing office shall provide written notification to
the spending unit regarding the agency's authorization to occupy
the space within thirty (30) days of an evaluation period.";
On page three, section six, subsection 6.3, line 1, following
the word "Administration" by inserting "or the Director of the
Purchasing Division of the Department of Administration";
On page three, section six, subsection 6.3, line seven,
following the word "Administration" by inserting "or the Director
of the Purchasing Division";
On page three, section six, subsection 6.3, line nine,
following the word "Secretary" and the comma, by inserting the
words "the Director";
On page three, section six, subsection 6.3, line 14, following
the word "Secretary", by inserting the words "or Director";
On page three, section six, subsection 6.4, line two,
following the word "Administration" by inserting "or the Director
of the Purchasing Division";
On page four, section seven, subsection 7.1, line seven,
following the word "Administration" by inserting "or the Director
of the Purchasing Division"; and
On page four, section ten, subsection 10.1, line five,
following the word "Administration" by inserting "or the Director
of the Purchasing Division".'"
On page four, subsection 11.1, line two, after the words
"other emergency situation", by inserting the words "as determined
by the Secretary,";
On page four, subsection 11.1, line three, after the period,
by inserting the words "In the event of a natural disaster or
emergency situation, the Secretary of Administration shall continue
to have the authority to select and to acquire by contract or
lease, in the name of the State, all grounds, buildings, office
space or other space for and on behalf of any spending unit.";
On page four, subsection 11.2, by striking out the entire subsection and by renumbering the subsequent subsections;
On page four, subsection 11.3, line one, by striking out the
words "At no time does the" and inserting in lieu thereof the word
"The", and after the words "spending unit", by inserting the words
"does not";
On page four, subsection 11.4, line one, by striking out the
words "To the degree" and by inserting in lieu thereof the word
"When";
On page four, subsection 11.4, line three, after the word
"unit", by striking out the words "shall get" and by inserting in
lieu thereof the words "will obtain";
On page five, subsection 11.5, line one, by striking out the
words "To the degree" and by inserting in lieu thereof the word
"When";
And,
On page five, subsection 11.5, line two, after the words "will
put a", by inserting the words "Class II".
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section five, article four, 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 twenty-third day of January,
two thousand four, relating to the department of administration (parking, 148 CSR 6), is authorized with the following amendment:
On page two, subsection 5, on the eleventh line, by adding
after "2007." the following sentence: "The maximum fee that can be
charged thereafter for parking is twenty dollars ($20.00) per
month.
".
§64-2-2. Consolidated public retirement board.
(a) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, 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 thirtieth day of October, two
thousand three, relating to the consolidated public retirement
board (general provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, 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 thirtieth day of October, two
thousand three, relating to the consolidated public retirement
board (benefit determination and appeal, 162 CSR 2), is authorized.
(c) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, 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 thirtieth day of October, two
thousand three, relating to the consolidated public retirement
board (teachers defined benefit plan, 162 CSR 4), is authorized.
(d) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, 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 thirtieth day of October, two
thousand three, relating to the consolidated public retirement
board (West Virginia state police disability determination and
appeal process, 162 CSR 9), is authorized.
§64-2-3. Board of risk and insurance management.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section one, article twelve, chapter twenty-nine of
this code, modified by the board of risk and insurance management
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-third day
of January, two thousand four, relating to the board of risk and
insurance management (public entities insurance program, 115 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section fourteen, article twelve, chapter twenty-nine
of this code, modified by the board of risk and insurance
management to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
third day of January, two thousand four, relating to the board of
risk and insurance management (terms and conditions pertaining to
members of self insurance pools who wish to participate in state
insurance programs, 115 CSR 7), is not authorized.
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