Committee Substitute
House Bill 4209 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 4209
(By Delegates Brown, Miley, Burdiss,
Talbott and
Overington)
(Originating in the Committee on the Judiciary)
[February 21, 2008]
A BILL to amend and reenact §64-1-1 of the Code of West Virginia,
1931, as amended; and to amend and reenact article 2, chapter
64 of said code
, all relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
the promulgation of administrative rules by the Department of
Administration and the procedures relating thereto
legislative
mandate or authorization; the promulgation of certain
legislative rules by various executive or administrative
agencies of the state; 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;
and disapproving certain rules;
authorizing the
Department of Administration to promulgate a legislative rule
relating to the leasing of space and acquisition of real
property on behalf of state spending units
; authorizing the
Department of Administration to promulgate a legislative rule
relating to leasing space on behalf of state spending units
;
authorizing the Department of Administration to promulgate a
legislative rule relating to controlling the Public Land
Corporation's sale, lease, exchange or transfer of lands and
minerals
;
authorizing the Consolidated Public Retirement Board
to promulgate a legislative rule relating to general
provisions
;
authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to benefit
determination and appeal
;
authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
the Teachers' Defined Contribution System
;
authorizing the
Consolidated Public Retirement Board to promulgate a
legislative rule relating to the Teachers' Retirement System
;
authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public
Employee's Retirement System
;
authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule
relating to refund, reinstatement, retroactive service and loan interest factors
;
authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
the West Virginia State Police; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule
relating to the Deputy Sheriff Retirement System
;
and
authorizing the Ethics Commission to promulgate a legislative
rule relating to the solicitation and receipt of gifts and
charitable contributions by public employees and officials
.
Be it enacted by the Legislature of West Virginia:
That §64-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that article 2, chapter 64 of said
code be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a
of the Code of West Virginia, the Legislature expressly authorizes
the promulgation of the rules described in articles two through
eleven, inclusive, of this chapter, subject only to the limitations
set forth with respect to each such rule in the section or sections
of this chapter authorizing its promulgation. Legislative rules
promulgated pursuant to the provisions of articles one through
eleven, inclusive, of this chapter in effect at the effective date
of this section shall continue in full force and effect until
reauthorized in this chapter by legislative enactment or until
amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
(a)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eleven, article ten, chapter five-a, of
this code, modified by the Department of Administration to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of November, two
thousand seven, relating to the Department of Administration
(leasing of space and acquisition of real property on behalf of
state spending units, 148 CSR 19), is authorized
with the following
amendment:
On page four, subdivision 5.3.b, at the beginning of the
second line of the subdivision, by striking the words "limited
liability company";
On page four, following subsection 5.3.b, by inserting a new
subsection 5.3.c as follows and relettering the remaining
subdivisions:
"5.3.c. When the lessor is a limited liability company which
is member managed, any member authorized to bind the limited
liability company shall execute the lease. When the lessor is a
limited liability company which is manager managed, the manager
shall execute the lease on behalf of the limited liability company.";
On page six, subdivision 9.8.a, at the beginning of the second
line of the subdivision, by striking the words "limited liability
company"; and
On page six, following subdivision 9.8.a, by inserting a new
subdivision 9.8.a as follows and relettering the remaining
subdivisions:
"9.8.a. When the seller is a limited liability company which
is member managed, any member authorized to bind the limited
liability company shall execute the contract. When the seller is
a limited liability company which is manager managed, the manager
shall execute the contract on behalf of the limited liability
company.".
(b) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article three, chapter five-a, of
this code, relating to the Department of Administration (leasing
space on behalf of state spending units, 148 CSR 2), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article eleven, chapter five-a, of
this code, modified by the Department of Administration to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of December,
two thousand seven, relating to the Department of Administration
(controlling the Public Land Corporation's sale, lease, exchange or transfer of lands and minerals, 148 CSR 20), is authorized with the
following amendment:
On page one, subsection 2.4, following the words "appraisal
made by" by striking the remainder of the subsection and inserting
in lieu thereof the words "the Real Estate Division using the
principles contained in the current Uniform Appraisal Standards for
Federal Land Acquisitions published under the auspices of the
Interagency Land Acquisition Conference" and a period;
On page one, subsection 2.5, by striking the subsection in its
entirety and renumbering the remaining subsections;
On page one, subsection 2.7, following the words "Public Land
Corporation", by inserting the words "or corporation";
On page one, subsection 2.8, following the word "be" by
striking the word "the";
On page one, subsection 2.8, following the word "appointed" by
inserting the words "by the"; and
On page one, subdivision 3.1.a, at the end of the second line
of the subdivision, by striking the word "independent";
On page one, subdivision 3.1.b, on the sixth line of the
subdivision, following words "shall be", by striking the word
"available" and inserting in lieu thereof the words "made available
by the corporation".
§64-2-2. Consolidated Public Retirement Board.
(a)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this code, relating to the Consolidated Public Retirement Board (general
provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board (benefit
determination and appeal, 162 CSR 2), is authorized with the
following:
On page one, subsection 2.3, by striking out the language of
the subsection and inserting in lieu thereof the following: "After
a member receives either a lump sum distribution of contributions
or the initial payment of a retirement benefit from the retirement
system in which the member was or is a participant, the member is
not eligible to apply for or receive disability retirement
benefits.";
On page one, subsection 3.1, line twelve, following the word
"physician", by inserting the word "licensed";
On page four, subsection 6.3, in the last sentence of the
subsection, by striking out the words "Consolidated Public
Retirement";
And,
On page four, subsection 6.3, in the last line of the
subsection, following the word "Board", by inserting the word
"staff".
(c) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board
(Teachers' Defined Contribution System, 162 CSR 3), is authorized.
(d) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board
(Teachers' Retirement System, 162 CSR 4), is authorized
with the
following amendment:
On page seven, subsection 8.4, line three, following the words
"calendar month", by striking out the words "being reported" and
inserting in lieu thereof the words "for which the payment is
made".
(e) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, modified by the Consolidated Public Retirement Board to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the second day of November, two
thousand seven, relating to the Consolidated Public Retirement
Board (Public Employees Retirement System, 162 CSR 5), is
authorized.
(f) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board (refund, reinstatement, retroactive service and loan interest factors, 162
CSR 7), is authorized
with the following amendment:
On page five, subsection 6.3, line three, following the words
"calendar month", by striking out the words "being reported" and
inserting in lieu thereof the words "for which the payment is
made".
(g) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, modified by the Consolidated Public Retirement Board to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of January, two
thousand eight, relating to the Consolidated Public Retirement
Board (West Virginia State Police, 162 CSR 9), is authorized.
(h)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five, of this
code, relating to the Consolidated Public Retirement Board (Deputy
Sheriff Retirement System, 162 CSR 10), is authorized.
§64-9-3. Ethics Commission.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section two, article two, chapter six-b, of this code,
modified by the Ethics Commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of January, two thousand eight, relating to the Ethics Commission (solicitation and receipt of
gifts and charitable contributions by public employees and
officials, 158 CSR 7), is authorized with the following amendments:
On page six, section six, by deleting subsections 6.8 and 6.9
in their entirety and inserting in lieu thereof the following:
"6.8. Fund-raising activities based on an exchange of value
are not gift solicitations and are permissible."
On page six, section six by renumbering the remaining
subsection;
On page six, section seven, subdivision 7.1.a., after the word
"months"
by adding the following:
"This subsection does not apply to purely law enforcement
agencies, officials or employees who do not actually regulate or
exercise regulatory control over other persons but merely enforce
existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.2., after the word
"agency" by adding the following:
"This subsection does not apply to purely law enforcement
agencies, officials or employees who do not actually regulate or
exercise regulatory control over other persons but merely enforce
existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.4, by deleting the
words "or infer";
On pages six and seven, section seven by deleting subsections
7.5 and 7.6 in their entirety;
On page seven, section eight, subsection 8.3, by deleting the subsection in its entirety and inserting in lieu thereof the
following:
"8.3 Law enforcement officers may not solicit for charity
while in uniform except as otherwise provided for in this rule, but
may show identification upon request.";
On page seven, section eight, subsection 8.4, by deleting the
comma and the words "employees or members of an association of law
enforcement officers" and inserting in lieu thereof the following
words "or employees";
On pages seven and eight, section eight, subsection 8.5, by
deleting the subsection in its entirety and inserting in lieu
thereof the following:
"Law enforcement officers or associations composed of law
enforcement officers may not provide signs, stickers, decals or
other items of display by individual donors showing whether or not
a donation has been made on account of any charitable contribution
solicited on behalf of law enforcement officers or their
association, unless the signs, stickers, decals or other items of
display contain the following disclaimer: 'The holder of this item
is not entitled to any special treatment.'; Provided, That
certificates, plaques or other items of display which are not
intended for display on motor vehicles may be distributed to donors
without the inclusion of the disclaimer
; Provided, However, That an
association may provide to its members who are currently serving as
law enforcement officers, or who previously served as law
enforcement officers, a sign, sticker, decal or other item of display, including those items intended for display in a motor
vehicle, which demonstrate that a present or former law enforcement
officer is a member of an association or fraternal group primarily
composed of law enforcement officers, without the inclusion of the
disclaimer."
;
On page eight, section eight, subsection 8.7, by deleting the
subsection in its entirety and inserting in lieu thereof the
following:
"8.7 Law enforcement officers may not pick up a donation while
in uniform except as otherwise provider for in this rule.";
And,
On page eight, section eight, subsection 8.8, by deleting the
words "such as a sale of baked goods or a car wash".
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