Introduced Version
House Bill 2876 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2876
(By Delegates Walters, Frich, Canterbury, Craig,
Miller and Skaff)
[Introduced March 8, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29A-3-16 of the Code of West Virginia,
1931, as amended, relating to a requirement that the
Legislative Rule-Making Committee and the Legislative
Auditor's Office review legislative rules five years after
initial approval by the Legislature; and providing rule-
making authority.
Be it enacted by the Legislature of West Virginia:
That §29A-3-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. RULE-MAKING.
§29A-3-16. Legislative review of procedural rules, interpretive
legislative rules.
(a) The Legislative Rule-Making Review Committee may review
any procedural rules, procedural and interpretive rules or existing
legislative rules and may make recommendations concerning such rules these to the Legislature, or to the agency or to both the
Legislature and the agency. The Legislative Rule-Making Review
Committee may review legislative rules and make recommendations
concerning these rules to the Legislature, to the agency or both
the Legislature and the agency for rules which were approved by the
Legislature prior to the enactment of subsection (b) of this
section.
_____(b) All rules lawfully promulgated after the effective date of
this subsection shall be reviewed by the committee and the
Legislative Auditor five years following initial approval. Areas of
review shall include the following:
_____(1) Whether the rule is achieving its purpose;
_____(2) A cost-benefit analysis; and
_____(3) Whether the rule should be eliminated, continued or
amended.
_____(c) Following its review, the committee and the auditor shall
summarize its findings and make recommendations. A report of the
findings and recommendations shall be submitted to the Legislature
for any action the Legislature may consider necessary.
_____(d) Subsection (c) of this section does not apply to rules of
professions and occupations found in chapter thirty of this code.
_____(e) The committee and the legislative auditor shall
collaborate and propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code for the purpose of developing and implementing
the rule review process consistent with the provisions of this
section.
_____NOTE: The purpose of this bill is to require that legislative
rules be reviewed five years after initial approval by the
Legislative Rule-Making Review Committee and the Legislative
Auditor's Office and to provide rule-making authority.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.