ENROLLED
COMMITTEE SUBSTITUTE
FOR
H.B. 4081
(By Delegates Brown, D. Poling, Miley,
Talbott, Overington and Sobonya)
[Passed March 11, 2010; in effect from passage.]
AN ACT to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Military Affairs and Public Safety and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the Department of Military
Affairs and Public Safety; 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 certain legislative rules with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain
of the agencies to promulgate certain legislative rules as
amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the
Legislature; authorizing the
State Police to promulgate
legislative rules relating to West Virginia State Police
Career Progression System (81 CSR 3) and carrying of handguns
by retired or medically discharged members (81 CSR 6);
authorizing the Fire Commission to promulgate legislative
rules relating to
the state fire code (87 CSR 1) and
state
building code (87 CSR 4); authorizing the Division of
Corrections to promulgate legislative rules relating to
the
recording of inmate telephone calls (90 CSR 5) and
the
monitoring of inmate mail (90 CSR 7); authorizing the Division
of Homeland Security and Emergency Management to promulgate a
legislative rule relating to industrial accident rapid
response (170 CSR 2).
Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 6. AUTHORIZATION FOR THE DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. State Police.
(a) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section five, article
two, chapter fifteen, of this code, modified by the State Police to
meet the objections of the legislative rule-making review committee and refiled in the state register on January 12, 2010, relating to
the State Police (West Virginia State Police Career Progression
System, 81 CSR 3), is authorized.
(b) The legislative rule filed in the state register on July
31, 2009, authorized under the authority of section twenty-five,
article two, chapter fifteen, of this code, modified by the State
Police to meet the objections of the legislative rule-making review
committee and refiled in the state register on January 12, 2010,
relating to the State Police (carrying of handguns by retired or
medically discharged members, 81 CSR 6), is authorized.
§64-6-2. Fire Commission.
(a) The legislative rule filed in the state register on July
21, 2009, authorized under the authority of section five, article
three, chapter twenty-nine, of this code, modified by the Fire
Commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on December 16,
2009, relating to the Fire Commission (state fire code, 87 CSR 1),
is authorized.
(b) The legislative rule filed in the state register on July
21, 2009, authorized under the authority of section five-b, article
three, chapter twenty-nine, of this code, modified by the Fire
Commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on December 16,
2009, relating to the Fire Commission (state building code, 87 CSR
4), is authorized, with the following amendments:
On page two, subdivision 4.1.6, by restoring the subdivision to its current language; and
On page three, subdivision 4.1.7, following the word "inches"
and the period and before the word "Section" by inserting the
following words: "Section R313: Automatic Fire Sprinkler Systems,
in its entirety, is specifically excluded from the scope of this
rule series."
.
§64-6-3. Division of Corrections.
(a) The legislative rule filed in the state register on June
16, 2009, authorized under the authority of section seventeen,
article one, chapter twenty-five, of this code, modified by the
Division of Corrections to meet the objections of the legislative
rule-making review committee and refiled in the state register on
July 22, 2009, relating to the Division of Corrections (recording
of inmate telephone calls, 90 CSR 5), is authorized.
(b) The legislative rule filed in the state register on June
16, 2009, authorized under the authority of section eighteen,
article one, chapter twenty-five, of this code, modified by the
Division of Corrections to meet the objections of the legislative
rule-making review committee and refiled in the state register on
July 22, 2009, relating to the Division of Corrections (monitoring
of inmate mail, 90 CSR 7), is authorized.
§64-6-4. Division of Homeland Security and Emergency Management.
The legislative rule filed in the state register on August
4,2009, authorized under the authority of section three-A, article
five-B, chapter fifteen, of this code, relating to the Division of Homeland Security and Emergency Management
(industrial accident
rapid response, 170 CSR 2), is authorized, with the following
amendments:
On page 3, section 3, subsection 3.1., line 4 after the word
"Director" by inserting the following, "
within fifteen minutes of
ascertaining the occurrence of an emergency event at an industrial
facility";
On page five, after the section caption "§170-2-5.
Penalties." by inserting a new subsection 5.1, to read as follows:
5.1. Penalty Amount. The director shall impose a civil penalty
on the industrial facility if he or she determines that the
industrial facility failed to comply with the reporting or
communications and access requirements in this rule. In no case
shall the total penalty for all violations exceed $100,000 for an
emergency event.
;
And renumbering the remaining subsections.
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