COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 88
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Originating in the Committee on the Judiciary;
reported February 17, 1995.]
____________
A BILL to amend and reenact article six, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, 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 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 the division of
corrections to promulgate legislative rules relating to
inmate telephone calls, as modified, authorizing the
division of corrections to promulgate legislative rules
relating to furlough programs for inmates under the
custody and control of the commissioner of the division
of corrections, as modified; authorizing the division of
corrections to promulgate legislative rules relating to
employment of displaced correctional employees, as
modified; authorizing the jail and correctional facility
standards commission to promulgate legislative rules
relating to West Virginia minimum standards for
construction, operation and maintenance of jails, as
modified; authorizing the state fire commission to
promulgate legislative rules relating to the state fire
code, as modified; authorizing the fire commission to
promulgate legislative rules relating to the state
building code, as modified and amended; authorizing the
division of public safety to promulgate legislative rules relating to the division of public safety's grievance
procedure, as modified; and authorizing the division of
public safety to promulgate legislative rules relating to
cadet selection process, as modified.
Be it enacted by the Legislature of West Virginia:
That article six, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, 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.
(a) The legislative rules filed in the state register on
the fifth day of August, one thousand nine hundred
ninety-four, 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 twenty-second day of
November, one thousand nine hundred ninety-four, relating to
the division of corrections (recording of inmate telephone
calls, 90 CSR 5), are authorized.
(b) The legislative rules filed in the state register on
the fifth day of August, one thousand nine hundred
ninety-four, 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 twenty-second day of
November, one thousand nine hundred ninety-four, relating to
the division of corrections (furlough programs for inmates
under the custody and control of the commissioner of the
division of corrections, 90 CSR 3), are authorized.
(c) The legislative rules filed in the state register on
the twenty-seventh day of July, one thousand nine hundred
ninety-four, 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 twenty-second day of
November, one thousand nine hundred ninety-four, relating to
the division of corrections (employment of displaced
correctional employees, 90 CSR 4), are authorized.
§64-6-2. Jail and correctional facility standards commission.
The legislative rules filed in the state register on the
eleventh day of August, one thousand nine hundred ninety-four,
modified by the jail and correctional facility standards
commission to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the fourth day of November, one thousand nine hundred
ninety-four, relating to the jail and correctional facility standards commission (West Virginia minimum standards for
construction, operation and maintenance of jails, 95 CSR 1),
are authorized.
§64-6-
3. State fire commission.
(a) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred
ninety-four, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifth day of October, one
thousand nine hundred ninety-four, relating to the state fire
commission (state fire code, 87 CSR 1), are authorized.
(b) The legislative rules filed in the state register on
the eighth day of August, one thousand nine hundred
ninety-four, modified by the state fire commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of
November, one thousand nine hundred ninety-four, relating to
the state fire commission (state building code 87 CSR 4), are
authorized with the amendments set forth below:
"On page two, subsection 3.1, by striking out the words
'more stringent' and inserting in lieu thereof the words
'state fire'";
And,
"On page two, subsection 4.1, line fourteen, by striking
out the words 'However, Section PM-104.4 Right of Entry' and
inserting in lieu thereof the words 'This maintenance code'".
§64-6-4. Division of public safety.
(a) The legislative rules filed in the state register on
the twenty-sixth day of July, one thousand nine hundred
ninety-four, modified by the division of public safety to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
August, one thousand nine hundred ninety-four, relating to the
division of public safety (division of public safety grievance
procedure, 81 CSR 8), are authorized.
(b) The legislative rules filed in the state register on
the twentieth day of August, one thousand nine hundred
ninety-four, modified by the division of public safety to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the ninth day of January,
one thousand nine hundred ninety-five, relating to the
division of public safety (cadet selection process, 81 CSR 2),
are authorized.
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