SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 2780 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2780


(By Delegate Louisos)
[Introduced March 7, 2001; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact section eleven, article three, chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section ten-a, all relating to creation of citizens' oversight review committee for legislative rule making.

Be it enacted by the Legislature of West Virginia:
That section eleven, article three, chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section ten-a, all to read as follows:
ARTICLE 3. RULE MAKING.

§29A-3-10a. Creation of an oversight rule-making review committee.
(a) There is hereby created an oversight rule-making review committee, known as the citizen's oversight rule-making review committee, to review all legislative rules of the several agencies and other rules as the committee considers appropriate. The committee shall be composed of six members, all of whom shall be appointed by the governor. Three members shall be members of the general public residing in this state and three shall be citizens of this state with professional backgrounds in business and commerce. Not more than four of the members of the committee may be members of the same political party. The members shall serve until their successors are appointed as heretofore provided. Members of the committee shall receive compensation and expenses as provided in article two-a, chapter four of this code. The expenses, including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel, shall be paid from an appropriation to be made expressly for the citizen oversight rule-making review committee. The committee shall meet at any time, both during sessions of the Legislature and in the interim.
(b) The committee may adopt rules of procedure as it considers necessary for the submission, presentation and consideration of rules.
§29A-3-11. Submission of legislative rules to the citizens' economic rule-making review committee and the legislative rule-making review committee.

(a) When an agency finally approves a proposed legislative rule for submission to the Legislature, pursuant to the provisions of section nine of this article, the secretary of the executive department which administers the agency pursuant to the provisions of article two, chapter five-f of this code shall submit to the citizens' oversight rule-making review committee and to the legislative rule-making review committee each, at its their respective offices or at a regular meeting of such committee fifteen copies of: (1) The full text of the legislative rule as finally approved by the agency, with new language underlined and with language to be deleted from any existing rule stricken through but clearly legible; (2) a brief summary of the content of the legislative rule and a description and a copy of any existing rule which the agency proposes to amend or repeal; (3) a statement of the circumstances which require the rule; (4) a fiscal note containing all information included in a fiscal note for either house of the Legislature and a statement of the economic impact of the rule on the state or its residents; (5) one copy of any relevant federal statutes or regulations; and (6) any other information which the committee may request or which may be required by law. If the agency is an agency, board or commission which is not administered by an executive department as provided for in article two, chapter five-f of this code, the agency shall submit the final agency-approved rule as required by this subsection.
(b) The Each committee shall review each proposed legislative rule and, in its discretion, may hold public hearings thereon. Such review shall include, but not be limited to, a determination of:
(1) Whether the agency has exceeded the scope of its statutory authority in approving the proposed legislative rule;
(2) Whether the proposed legislative rule is in conformity with the legislative intent of the statute which the rule is intended to implement, extend, apply, interpret or make specific;
(3) Whether the proposed legislative rule conflicts with any other provision of this code or with any other rule adopted by the same or a different agency;
(4) Whether the proposed legislative rule is necessary to fully accomplish the objectives of the statute under which the rule was proposed for promulgation;
(5) Whether the proposed legislative rule is reasonable, especially as it affects the convenience of the general public or of persons particularly affected by it;
(6) Whether the proposed legislative rule could be made less complex or more readily understandable by the general public; and
(7) Whether the proposed legislative rule was proposed for promulgation in compliance with the requirements of this article and with any requirements imposed by any other provision of this code: and
(8) Whether there will be an adverse economic impact to business and industry and whether, given all the circumstances involving the intended benefit of the rule, the adverse economic impact creates a greater harm than the intended benefit could reasonably be expected to offset.
(c) The citizens' oversight rule-making review committee, if it considers same to be appropriate, shall perform an economic impact study which shall set forth findings and conclusions relative to the perceived economic benefit or harm that likely would ensue from implementation of the proposed rule. No action may be taken on any proposed rule by the legislative rule-making review committee until a study is completed and submitted to it from the citizens' oversight rule-making review committee in the event the citizens' oversight rule-making review committee has determined such a study is appropriate: Provided, That in the event the citizens' oversight rule-making review committee considers it appropriate to conduct an economic impact study of a rule, it shall complete and submit the study to the legislative rule-making review committee no later than ninety days after the initial proposal of the rule by the governmental agency.
After reviewing the legislative rule, the legislative rule-making review committee shall recommend that the Legislature:
(1) Authorize the promulgation of the legislative rule; or
(2) Authorize the promulgation of part of the legislative rule; or
(3) Authorize the promulgation of the legislative rule with certain amendments; or
(4) Recommend that the proposed rule be withdrawn.
The committee shall file notice of its action in the state register and with the agency proposing the rule: Provided, That when the committee makes the recommendations of subdivision (2), (3) or (4) of this subsection, the notice shall contain a statement of the reasons for such recommendation.
(d) When the committee recommends that a rule be authorized, in whole or in part, by the Legislature, the committee shall instruct its staff or the office of legislative services to draft a bill authorizing the promulgation of all or part of the legislative rule and incorporating such amendments as the committee desires. If the committee recommends that the rule not be authorized, it shall include in its report a draft of a bill authorizing promulgation of the rule together with a recommendation. Any draft bill prepared under this section shall contain a legislative finding that the rule is within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret and shall be available for any member of the Legislature to introduce to the Legislature.

NOTE: The purpose of this bill is to create the citizens' economic rule-making review committee. The committee is comprised of three members from the general public and three members with business backgrounds. The committee's job is to review proposed legislative rules and conduct economic impact studies and report to the Legislative rule-making review committee concerning its conclusions.

§29A-3-10a is new; therefore, strike-throughs and underscoring have been omitted.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print