COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 386
(By Senators
Minard, Fanning, Prezioso,
Unger, Boley and Minear
)
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[Originating in the Committee on the Judiciary;
reported March 24, 2005
.]
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A BILL to amend and reenact article 6, 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 Division of Corrections to
promulgate a legislative rule relating to parole supervision
authorizing; authorizing State Fire Marshal to promulgate a
legislative rule relating to fees for licenses, permits,
inspections, plans review and other services rendered;
authorizing State Police to promulgate a legislative rule
relating to State Police professional standards
investigations, employee rights, early identification system,
psychological assessment and progressive discipline;
authorizing State Police to promulgate a legislative rule
relating to the career progression system; authorizing State
Police to promulgate a legislative rule relating to carrying
of handguns by retired or medically discharged members; and
authorizing Division of Veterans' Affairs to promulgate a
legislative rule relating to Veterans' Affairs' headstones or
markers.
Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the Code of West Virginia, 1931,
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.
§64-6-1. Division of Corrections.
The legislative rule filed in the State Register on the
twenty-third day of June, two thousand four, under the authority of
section two, article thirteen, chapter sixty-two of this code
modified by the Division of Corrections to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on the thirty-first day of January, two thousand
five, relating to the Division of Corrections (parole supervision,
90 CSR 2) is authorized.
§64-6-2. State Fire Marshal.
The legislative rule filed in the State Register on the second
day of June, two thousand four, authorized under the authority of
section twenty-four, article three, chapter twenty-nine of this
code relating to the Office of the Fire Marshal (fees for licenses,
permits, inspections, plans review and other services rendered, 103
CSR 2) is authorized.
§64-6-3. State Police.
(a) The legislative rule filed in the State Register on the
twenty-fourth day of August, two thousand four, 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-eighth day of January, two thousand five,
relating to the State Police (State Police professional standards investigations, employee rights, early identification system,
psychological assessment and progressive discipline, 81 CSR 10) is
authorized.
(b) The legislative rule filed in the State Register on the
twelfth day of August, two thousand four, under the authority of
section five, article two, chapter fifteen of this code relating
to the State Police (career progression system, 81 CSR 3) is
authorized.
(c) The legislative rule filed in the State Register on the
twenty-third day of July, two thousand four, under the authority of
section twenty-five, article two, chapter fifteen of this code
relating to the State Police (carrying of handguns by retired or
medically discharged members, 81 CSR 6) is authorized.
§64-6-4. Division of Veterans Affairs.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section ten, article twenty-two-a, chapter twenty-
nine, of this code, modified by the Division of Veterans Affairs to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the thirty-first day of
January, two thousand five, relating to the Division of Veterans
Affairs (VA headstones or markers, 86 CSR 4), is authorized.