Introduced Version
House Bill 4319 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4319
(By Delegates Morgan, Stephens, Ferro,
Guthrie, Mahan and Barker)
[By Request of the Secretary of State's Office]
[Introduced February 3, 2010; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §29A-2-7 of the Code of West Virginia,
1931, as amended relating to publication of the
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tate
R
egister.
Be it enacted by the Legislature of West Virginia:
That §29A-2-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE REGISTER.
§29A-2-7. Publication of
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tate
R
egister.
(a) The Legislature intends that the Secretary of State offer
to the public convenient and efficient access to copies of the
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tate
R
egister or parts thereof desired by the citizens. The
provisions of this section are enacted in order to provide a means
of doing so pending any other means provided by law or legislative
rule.
(b) All materials filed in the
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tate
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egister
shall be indexed
daily in chronological order of filing with a brief description of
the item filed and a columnar cross index to (1) agency and (2)
section, article and chapter of the code to which it relates and by
which it is filed in the
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tate
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egister
and (3) such other
information in the description or cross index as the Secretary of
State believes will aid a citizen in using the chronological index.
(c) To give users of the code of state rules a means to know
whether the rule is being superseded by a version of the rule that
has become effective, but not yet been final-filed, prepared,
proofed and distributed, or may be superseded by a rule which is
being proposed and promulgated pursuant to article three but not
yet become final, the Secretary of State shall provide with each
update of the code of state rules, a copy of the rule monitor and
its cross index which shows the rules that have become effective
but not yet distributed and the rules which may be superseded by a
rule which is being proposed. The copy of the rule monitor
distributed with the updates of the code of state rules shall state
plainly that this version of the rule monitor only shows the status
of the promulgation of rules as of the date of distribution of the
update of the code of state rules, and that to obtain the most
recent status of the rules, the user should consult the rule
monitor in the most recent publication. of the state register.
With the first distribution to the loose leaf version of the code of state rules the Secretary of State shall also distribute a
divider where the current rule monitor shall be maintained. With
the first distribution, the Secretary of State shall also include
instructions, with a copy for insertion in or on the front of each
volume of the loose-leaf versions of the code of state rules, to
users on how the rule monitor can be utilized to determine whether
the version of the rule in the code of state rules is currently in
effect This information, as well as instructions to users on how
to use the rule monitor determining the version of the rule in the
code of state rules currently in effect, shall be generated in an
electronic format or for a specified fee, in accordance with
section two, article one, chapter fifty-nine of this code,
available on white paper with three punches suitable for fastening
in three ring binders. This subsection is not to be construed to
require that subscribers to the updates of the code of state rules
receive a subscription to the
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tate
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egister.
(d) The Secretary of State shall cause to be duplicated in such
number as shall be required, on white paper with three punches
suitable for fastening in three-ring binders or electronic media
produce in an electronic format or for a specified fee, in
accordance with section two, article one, chapter fifty-nine of this
code, on white paper with three punches suitable for fastening in
three ring binders, the permanent biennial
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tate
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egister, the
chronological index and other materials filed in the register, or any part by agency or section, article or chapter for subscription
at a cost including labor, paper and postage, sufficient in his the
Secretary of State's judgment to defray the expense of such
duplication publication. The Secretary of State shall also offer,
at least at monthly intervals, supplements to the published
materials listed above. Any subscription for monthly supplements
shall be offered annually and shall include the chronological index
and materials related to such agency or agencies, or section,
article or chapter of the code as a person may designate. A person
may limit the request to notices only, to notices and rules, or to
notices and proposed rules, or any combination thereof. Any
publication that is requested in paper format is subject to a
specified fee in accordance with section two, article one, chapter
fifty-nine of this code.
(e) Every two years, the Secretary of State shall offer for
purchase succeeding biennial permanent state registers which shall
consist of all rules effective on the date of publication selected
by the Secretary of State, which date shall be at least two years
from the last such publication date, and materials filed in the
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tate
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egister
relating thereto. The cost of the succeeding
biennial permanent
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tate
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egister and for the portion relating to
any agency or any section, article or chapter of the code which may
be designated by a person purchasing the same shall be fixed in the
same manner specified in section eleven of this article subsection (d) of this section.
(f) The Secretary of State may omit from any duplication made
pursuant to subsection (e) of this section any rules the duplication
publication of which would be unduly cumbersome, expensive or
otherwise inexpedient, if a copy of such rules is made available
from the original filing of such rule, at a price not exceeding the
cost of duplication publication, and if the volume from which such
rule is omitted includes a notice in that portion of the publication
in which the rule would have been located, stating (1) the general
subject matter of the omitted rule, (2) each section, article and
chapter of this code to which the omitted rule relates, and (3) the
means by which a copy of the omitted rule may be obtained.
(g) The Secretary of State may propose changes to the
procedures outlined in the section above by proposing a legislative
rule under the provisions of section nine, article three of this
chapter, but may promulgate no rules containing those changes unless
authorized by the Legislature pursuant to article three of this
chapter.
(h) Beginning the first day of July, two thousand one, one half
of The fees and amounts collected for the sale of the
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tate
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egister, the code of state rules and other copies or data provided
by the Secretary of State shall be deposited in the state General
Revenue Fund and one half of the fees in the service fees and
collections account established by accordance with section two, article one, chapter fifty-nine of this code for the operations of
the office of the Secretary of State. Any balance remaining on the
thirtieth day of June, two thousand one, in the existing special
revenue account entitled "state register" as established by chapter
one hundred twenty-one, acts of the Legislature, regular session,
one thousand nine hundred eighty-two, shall be transferred to the
service fees and collections account established by section two,
article one, chapter fifty-nine of this code for the operation of
the office of the Secretary of State. The Secretary of State shall
dedicate sufficient resources from that fund or other funds to
provide the services required in this article.
NOTE: The purpose of this bill is to provide subscribers to the
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tate
R
egister a less expensive option of electronic media to
receive a copy.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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