WEST virginia legislature

2016 regular session

Originating

Senate Bill 583

By Senators Trump, Maynard, Ferns, Carmichael, Cline, Karnes, Gaunch, Leonhardt, Ashley, Snyder, Palumbo, Beach, Miller, Kirkendoll, Romano, Woelfel and Williams

[Originating in the Committee on the Judiciary; Reported on February 11, 2016.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4 and §64-12-5, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; authorizing certain agencies and commissions under Department of Administration to repeal certain legislative and procedural rules; repealing Department of Administration legislative rule relating to the availability of state surplus buildings and equipment to charity food banks; repealing State Building Commission procedural rule relating to procedural rules for meetings; repealing Ethics Commission legislative rule relating to advisory opinions; repealing Ethics Commission legislative rule relating to guidelines and standards for determining the existence of disqualifying financial interests; repealing Ethics Commission legislative rule relating to contributions; repealing Public Employees Insurance Agency procedural rules relating to procedural rules for the Public Employees Insurance Agency Advisory Board; and repealing Board of Risk and Insurance Management legislative rule relating to discontinuation of professional malpractice insurance.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4 and §64-12-5, all to read as follows:

article 12. Repeal of unauthorized and obsolete legislative rules by the department of administration.

§64-12-1. Department of Administration.

(a) The legislative rule effective on April 3, 1991, authorized under the authority of section seven, article eight, chapter nine of this code, relating to the Department of Administration (availability of state surplus buildings and equipment to charity food banks, 148 CSR 5), is repealed.

§64-12-2. State Building Commission.

The procedural rule effective on July 21, 1995, authorized under the authority of section three, article nine-a, chapter six of this code, relating to the State Building Commission  (procedural rules for meetings, 159  CSR 1), is repealed.

§64-12-3. Ethics Commission.

(a)  The legislative rule effective on September 1, 1993, authorized under the authority of section two, article two, chapter six-b of this code, relating to Ethics Commission (advisory opinions, 158 CSR 2), is repealed.

(b) The legislative rule effective on April 10, 1995, authorized under the authority of section twenty-eight, article twenty, chapter thirty-one of this code, relating to Ethics Commission (guidelines and standards for determining the existence of disqualifying financial interests, 158 CSR 4), is repealed.

(c)  The legislative rule effective on June 1, 1992, authorized under the authority of section one, article two, chapter six-b of this code, relating to Ethics Commission (contributions, 158 CSR 10), is repealed.

§64-12-4. Public Employees Insurance Agency.

The procedural rule effective on June 20, 1991, authorized under the authority of section six, article sixteen, chapter five of this code, relating to the Public Employees Insurance Agency  (procedural rules for the Public Employees Insurance Agency Advisory Board, 151 CSR 5), is repealed.

§64-12-5. Board of Risk and Insurance Management.

The legislative rule effective on April 14, 1992, authorized under the authority of section five, article twelve, chapter twenty-nine of this code, relating to the Board of Risk and Insurance Management (discontinuation of professional malpractice insurance, 115 CSR 4), is repealed.