H. B. 4774
(By Delegates Amores, Schadler and Mahan)
[Introduced February 24, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29A-2-7, relating to
the publication of the code of state rules; permitting the
technical changes to the procedure governing the publication
of the rules; and allowing the use of electronic media.
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:
§29A-2-7. Publication of state register.
(a) The Legislature intends that the secretary of state offer
to the public convenient and efficient access to copies of the
state register 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 state register 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 state register 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whether the rule is being superseded by a version of the rule that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proofed and distributed, or may be superseded by a rule which is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but not yet distributed and the rules which may be superseded by a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 subsection is not to be construed to require that
subscribers to the updates of the code of state rules receive a
subscription to the state register.
(d) The secretary of state shall cause to be duplicated in
such number as shall be required, on white paper with two three
punches suitable for fastening in two-ring three-ring binders or
electronic media, the permanent biennial state register, 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
judgment to defray the expense of such duplication. 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.
(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
state register relating thereto. The cost of the succeeding
biennial permanent state register 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.
(f) The secretary of state may omit from any duplication made
pursuant to subsection (e) of this section any rules the
duplication 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, 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 state
register, 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 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 allow the Secretary of
State's Office to amend its rules to allow for the sale of the code
of state rules by electronic media format and technical changes.
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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