COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 240
(By Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer)
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[Originating in the Committee on the Judiciary;
reported February 18, 2010.]
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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 Department of
Administration;
legislative mandate or authorization for 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 rule with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain
legislative rule with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register
and as amended
by the Legislature; authorizing the Division of Personnel to
promulgate a legislative rule relating to the administration
of the division; authorizing the Department of Administration
to promulgate a legislative rule relating to state-owned
vehicles; 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 and loan
interest factors; and authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
the West Virginia State Police.
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. Division of Personnel.
The legislative rule filed in the State Register on July 30,
2009, authorized under the authority of section ten, article six,
chapter nineteen of this code, (Administrative Rule of the West
Virginia Division of Personnel, 143 CSR 1), is authorized
with the
following amendments:
On page six, subsection 3.88, by striking out "1000" and
inserting in lieu thereof "720";
And,
On page twenty, subsection 9.4, by striking out "1000" and
inserting in lieu thereof "720".
§64-2-2. Department of Administration.
The legislative rule filed in the State Register on July 30,
2009, authorized under the authority of section forty-eight,
article three, 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 October 21, 2009, relating to the Department of
Administration (State Owned Vehicles, 148 CSR 3), is authorized.
§64-2-3. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on July 30, 2009, 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 23, 2009, relating to the Consolidated Public Retirement
Board (Teachers' Retirement System, 162 CSR 4), is authorized.
(b) The legislative rule filed in the State Register on July
30, 2009, 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 23, 2009, relating to the Consolidated Public Retirement
Board (Public Employees Retirement System, 162 CSR 5), is
authorized.
(c) The legislative rule filed in the State Register on July
30, 2009, authorized under the authority of section one, article
ten-d, chapter five of this code, relating to the Consolidated
Public Retirement Board (Refund, Reinstatement and Loan Interest
Factors, 162 CSR 7), is authorized.
(d) The legislative rule filed in the State Register on July
30, 2009, 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 23, 2009, relating to the Consolidated Public Retirement
Board (West Virginia State Police, 162 CSR 9), is authorized with
the following amendment:
On page four, subsection 6.3., by striking out the words
"subdivision 9.3.2." and inserting in lieu thereof the words
"subsection 3.2.".