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SB327 SUB1 Senate Bill 327 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 327

(By Senators Ross, Minard,

Snyder, Unger, Boley and Minear )

________

[Originating in the Committee on the Judiciary;

reported February 26, 2004.]


A BILL to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, 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 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 authorizing the board of risk and insurance management to promulgate a 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 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 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.
(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.
§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 authorized.
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