SB172 SUB1
Senate Bill 172 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 172
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer)
__________
[Originating in the Committee on the Judiciary;
reported March 26, 2009.]
__________
A BILL to amend and reenact article 2, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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 rule with various modifications presented to and recommended by the Legislative Rule-Making Review
Committee; repealing certain legislative rule;
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
Retirement System
;
authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
the Public Employees 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 service credit for accrued and
unused sick and annual leave; 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
;
authorizing the Division of Personnel to promulgate a
legislative rule relating to reimbursement of compensation paid to state employees for training, education and
professional development
;
authorizing the Department of
Administration to promulgate a legislative rule relating to
the Purchasing Division
;
authorizing the Department of
Administration to promulgate a legislative rule relating to
fair market price determination;
authorizing the Department of
Administration to promulgate a legislative rule relating to
statewide contracts
; authorizing the Department of
Administration to promulgate a legislative rule relating to
qualifications for participation
;
authorizing the Department
of Administration to promulgate a legislative rule relating to
parking
;
authorizing the Ethics Commission to promulgate a
legislative rule relating to the purchase, sale or lease of
personal property
;
authorizing the Ethics Commission to
promulgate a legislative rule relating to interest in public
contracts
;
authorizing the Ethics Commission to repeal a
legislative rule relating to voting
;
authorizing the Ethics
Commission to promulgate a legislative rule relating to
employment exemptions
;
authorizing the Ethics Commission to
promulgate a legislative rule relating to lobbying
; and
authorizing the Ethics Commission to promulgate a legislative
rule relating to the filing of verified time records
.
Be it enacted by the Legislature of West Virginia:
That article 2, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, to read as follows:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Consolidated Public Retirement Board.
(a)
The legislative rule filed in the State Register on August
13, 2008, 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 August
13, 2008, 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
September 3, 2008, relating to the Consolidated Public Retirement
Board (benefit determination and appeal, 162 CSR 2), is authorized.
(c)
The legislative rule filed in the State Register on August
13, 2008, 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
September 3, 2008, relating to the Consolidated Public Retirement Board (Teachers' Retirement System, 162 CSR 4), is authorized.
(d)
The legislative rule filed in the State Register on August
13, 2008, authorized under the authority of section one, article
ten-d, chapter five of this code, relating to the Consolidated
Public Retirement Board (Public Employees Retirement System, 162
CSR 5), is authorized.
(e)
The legislative rule filed in the State Register on
August 13, 2008, 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.
(f) The legislative rule filed in the State Register on the
August 13, 2008, authorized under the authority of section one,
article ten-d, chapter five of this code, relating to the
Consolidated Public Retirement Board (service credit for accrued
and unused sick and annual leave, 162 CSR 8), is authorized.
(g)
The legislative rule filed in the State Register on August
13, 2008, authorized under the authority of section one, article
ten-d, chapter five of this code, 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 August 13, 2008, 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
September 3, 2008, relating to the Consolidated Public Retirement
Board (Deputy Sheriff Retirement System, 162 CSR 10), is
authorized.
§64-2-2. Division of Personnel.
The legislative rule filed in the State Register on July 25,
2008, authorized under the authority of section two, article four,
chapter six-c of this code, modified by the Division of Personnel
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on September 5, 2008,
relating to the Division of Personnel (reimbursement of
compensation paid to state employees for training, education and
professional development, 143 CSR 8), is authorized.
§64-2-3. Department of Administration.
(a)
The legislative rule filed in the State Register on
August 12, 2008, authorized under the authority of section four,
article three, chapter five-a of this code, relating to the
Department of Administration (Purchasing Division, 148 CSR 1), is
authorized.
(b)
The legislative rule filed in the State Register on August 28, 2008, authorized under the authority of section five,
article four, 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 November 20, 2008, relating to the Department of
Administration (parking, 148 CSR 6), is authorized.
(c)
The legislative rule filed in the State Register on
August 27, 2008, authorized under the authority of section five,
article three-a, 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 December 12, 2008, relating to the Department of
Administration (fair market price determination, 186 CSR 1), is
authorized.
(d) The
legislative rule filed in the State Register on
August 27, 2008, authorized under the authority of section five,
article three-a, 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 December 12, 2008, relating to the Department of
Administration (statewide contracts, 186 CSR 3), is authorized.
(e)
The legislative rule filed in the State Register on
August 27, 2008, authorized under the authority of section five, article three-a, 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 December 12, 2008, relating to the Department of
Administration (qualifications for participation, 186 CSR 4), is
authorized.
§64-2-4. Ethics Commission.
(a)
The legislative rule filed in the State Register on
August 21, 2008, authorized under the authority of section five,
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 November 26,
2008, relating to the Ethics Commission (purchase, sale or lease of
personal property, 158 CSR 3), is authorized.
(b)
The legislative rule filed in the State Register on August
21, 2008, 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 November 26, 2008,
relating to the Ethics Commission (interest in public contracts,
158 CSR 8), is authorized.
(c)
The legislative rule filed in the State Register on July
29, 2008, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission
(voting, 158 CSR 9), is repealed.
(d)
The legislative rule filed in the State Register on August
21, 2008, authorized under the authority of section five, 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 November 26, 2008,
relating to the Ethics Commission (employment exemptions, 158 CSR
11), is authorized.
(e)
The legislative rule filed in the State Register on July
28, 2008, 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 September 5, 2008,
relating to the Ethics Commission (lobbying, 158 CSR 12), is
authorized.
(f)
The legislative rule filed in the State Register on the
August 21, 2008, authorized under the authority of section two,
article two, chapter six-b of this code, relating to the Ethics
Commission (filing of verified time records, 158 CSR 14), is
authorized.
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