Committee Substitute
House Bill 2567 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2567
(By Delegates Miley, Webster, Ellem, Hamilton,
Mahan, Shook and Varner)
(Originating in the Committee on Finance)
[March 23, 2009]
A BILL to amend and reenact §29A-2-6 of the Code of West Virginia,
1931, as amended, relating to filing agency rules with the
secretary of state under the administrative procedures act;
requiring all rules to be filed with the secretary of state
electronically beginning July 1, 2011; allowing for exemptions
to the requirement; requiring legislative rules to implement
the provisions of the requirement; and authorizing a voluntary
pilot program to electronic filing of proposed rules.
Be it enacted by the Legislature of West Virginia:
That §29-2-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE REGISTER.
§29A-2-6. Format and numbering of agency rules filed in state
register; electronic filing required beginning July
1, 2011; pilot project.
(a) Each proposed rule filed by an agency requiring a notice
to be published in the state register in accordance with the provisions of section five, article three of this chapter shall
include as its initial provisions: (1) A statement identifying
such rule as a legislative rule, an interpretive rule or a
procedural rule, as the case may be; (2) a statement of such
section, article and chapter of this code to which such rule or any
part thereof relates; and (3) a statement of the section, article
and chapter of this code or any other provision of law which
provides authority for the promulgation of such rule. The agency
shall be estopped from relying on any authority for the
promulgation of such rule which is not stated therein in accordance
with the requirements of this subdivision.
(b) Each rule when filed, to be finally effective, shall have
attached thereto an abstract of its promulgation history prepared
by the agency showing the date of the filing in the state register
of the content of, or notice of any procedure relating to, action
necessary under this chapter to cause such rules to be finally
effective: Provided, That any error or omission in such abstract
shall not affect the validity of any rule or action in respect
thereto.
(c) The secretary of state shall prescribe by legislative rule
a standard size, format, numbering and indexing for rules to be
filed in the state register, and he may prescribe such procedural
or interpretive rules as he deems advisable to clarify and
interpret the provisions in this section. The secretary of state
shall refuse to accept for filing any rules which do not comply
with the specific provisions of this section. and he may refuse to accept for filing any rules which do not comply with The Secretary
of State may also refuse to accept any rules which do not comply
with the procedural rules issued by him pursuant to this section
until the rules sought to be filed are brought into conformity with
the secretary of state's procedural rules.
(d) Unless and until the secretary of state prescribes
otherwise by rule issued and made effective under the provisions of
subsection (c) of this section, each rule filed in paper form in
the this state register shall be on white paper measuring eight and
one-half inches by eleven inches, typewritten and single-spaced,
with a one inch margin at the top, bottom and each side of each
page, and shall be reproduced photographically, or by xerography or
other duplication process. The secretary of state may grant
specific exceptions to such requirements in the case of maps,
diagrams and exhibits, if the same may not be conveniently folded
and fastened with the other pages of rules and in the case of rules
which incorporate the promulgation a rule or regulation of a
federal agency or other organization which could not be submitted
in the standard size and format except at undue expense. Materials
submitted for inclusion in the state register shall be fastened on
the left side by two or more fasteners attached through holes
suitable for insertion into ring binders.
(e) The secretary of state shall also prescribe by procedural
rule a uniform system for the electronic filing of a proposed rule
or emergency rule or a modification thereof, or a legislatively
authorized rule, either (1) by the direct electronic transmission of data to a terminal in the office of the secretary of state, or
(2) by the delivery to the secretary of state of a machine-readable
copy of the filing on a medium such as magnetic tape or disk, or
the like, which system shall be used in the process of filing
proposed rules, emergency rules, modifications and authorized rules
with the secretary of state. The secretary of state may grant
exceptions to the requirement for electronic filing in the case of
agencies, boards or commissions which do not have reasonable access
to a compatible electronic transmission system or a means of
creating a machine-readable copy, but, if an exception is granted,
the secretary of state shall create a machine-readable copy of the
proposed rule, emergency rule, modification or authorized rule.
The electronic filing required by the provisions of this section
shall not obviate any requirement for the filing of printed paper
copies of the proposed rule, emergency rule, modification or
authorized rule as may be required by this chapter.
(2) On or before July 1, 2010, the secretary of state shall
propose for promulgation legislative rules to establish a uniform
system for the electronic filing required by the provisions of this
section and to otherwise implement those provisions.
(3) During the calendar year 2010, through procedural rules,
the secretary of state may institute a limited pilot project
through which proposed new rules or amendments to existing rules
may be filed electronically by any agency, board or commission
under agreement with the secretary of state.
Participation by any
agency, board or commission in the pilot project is voluntary.
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