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Enrolled Version - Final Version Senate Bill 386 History

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SB386 SUB1 enr
ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 386

(Senators Minard, Fanning, Prezioso,

Unger, Boley and Minear, original sponsors )

_______

[Passed April 7, 2005; in effect from passage. ]

________


AN ACT to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; 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 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 Division of Corrections to promulgate a legislative rule relating to parole supervision authorizing; authorizing State Fire Marshal to promulgate a legislative rule relating to fees for licenses, permits, inspections, plans review and other services rendered; authorizing State Police to promulgate a legislative rule relating to State Police professional standards investigations, employee rights, early identification system, psychological assessment and progressive discipline; authorizing State Police to promulgate a legislative rule relating to the career progression system; authorizing State Police to promulgate a legislative rule relating to carrying of handguns by retired or medically discharged members; and authorizing Division of Veterans' Affairs to promulgate a legislative rule relating to Veterans' Affairs' headstones or markers.

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 DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Division of Corrections.
The legislative rule filed in the State Register on the twenty-third day of June, two thousand four, under the authority of section two, article thirteen, chapter sixty-two 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 the thirty-first day of January, two thousand five, relating to the Division of Corrections (parole supervision, 90 CSR 2) is authorized.
§64-6-2. State Fire Marshal.
The legislative rule filed in the State Register on the second day of June, two thousand four, authorized under the authority of section twenty-four, article three, chapter twenty-nine of this code relating to the Office of the Fire Marshal (fees for licenses, permits, inspections, plans review and other services rendered, 103 CSR 2) is authorized.
§64-6-3. State Police.
(a) The legislative rule filed in the State Register on the twenty-fourth day of August, two thousand four, 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 the twenty-eighth day of January, two thousand five, relating to the State Police (State Police professional standards investigations, employee rights, early identification system, psychological assessment and progressive discipline, 81 CSR 10) is authorized.
(b) The legislative rule filed in the State Register on the twelfth day of August, two thousand four, under the authority of section five, article two, chapter fifteen of this code relating to the State Police (career progression system, 81 CSR 3) is authorized.
(c) The legislative rule filed in the State Register on the twenty-third day of July, two thousand four, under the authority of section twenty-five, article two, chapter fifteen of this code relating to the State Police (carrying of handguns by retired or medically discharged members, 81 CSR 6) is authorized.
§64-6-4. Division of Veterans Affairs.
The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section ten, article twenty-two-a, chapter twenty- nine, of this code, modified by the Division of Veterans Affairs to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirty-first day of January, two thousand five, relating to the Division of Veterans Affairs (VA headstones or markers, 86 CSR 4), is authorized.
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