ENROLLED
Senate Bill No. 459
(By Senators Plymale, Edgell, Bailey, Green, Hunter, Oliverio, Stollings,
Wells, Boley, Guills and Hall)
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[Passed February 8, 2008; in effect from passage.]
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AN ACT to amend and reenact §18-9D-20 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §18-9D-21; and to amend and reenact §18B-
17-2 of said code, all relating to education rules; authority
of School Building Authority to promulgate rules; determining
effective dates; waiving technical deficiencies; and
authorizing rules of the School Building Authority and the
Higher Education Policy Commission.
Be it enacted by the Legislature of West Virginia:
That §18-9D-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §18-9D-21; and that §18B-17-2 of
said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-20.Authority to promulgate rules; legislative
authorization; effective date of rules; technical
deficiencies waived.
(a) The authority is hereby empowered to promulgate, adopt,
amend or repeal rules in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code.
(b) All rules adopted or promulgated by the authority and in
effect on the eighth day of June, two thousand seven, shall be
refiled pursuant to the provisions of article three-a, chapter
twenty-nine-a of this code on or before the first day of September,
two thousand seven.
(1) Any interpretive or procedural rule shall continue in
effect until rescinded or appropriately refiled by the authority.
(2) Any legislative rule shall continue in effect until
approved or rejected by the Legislature or rescinded by the
authority.
(c) Under the provisions of article three-a, chapter
twenty-nine-a of this code, the Legislature expressly authorizes
the promulgation of the rules described in this article, subject
only to the limitations with respect to each rule set forth by law
authorizing its promulgation. The Legislature further declares
that all rules now or hereafter authorized in this article are
within the legislative intent of the statute which the rule is intended to implement, extend, apply or interpret.
(d) The effective date of a legislative rule authorized in
section twenty-one of this article is governed by the provisions of
section fourteen, article three-a, chapter twenty-nine-a of this
code under the following conditions:
(1) The School Building Authority, in promulgating the rule,
establishes an effective date which is earlier than that provided
by that section, in which case the effective date established by
the authority controls; or
(2) The Legislature, in the bill authorizing the rule,
establishes an effective date for the rule, in which case the
effective date established by the Legislature controls.
(e) The Legislature further declares each legislative rule now
or hereafter authorized under this article to have been validly
promulgated, notwithstanding any failure to comply with any
requirement of article three-a, chapter twenty-nine-a of this code
relating to the promulgation of rules at any stage of the
promulgation process prior to authorization by the Legislature in
this article.
§18-9D-21. Authorizing rules of School Building Authority.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, relating to
the School Building Authority (School Building Authority
requirements for Comprehensive Educational Facility Plan rule) is authorized.
(b) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, relating to
the School Building Authority (funding School Building Authority
projects rule) is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, relating to
the School Building Authority (School Building Authority school
planning and design criteria rule) is authorized.
(d) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, relating to
the School Building Authority (School Building Authority project
administration and review rule) is authorized.
(e) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, and amended by
the School Building Authority and refiled on the tenth day of
December, two thousand seven, relating to the School Building
Authority (School Building Authority contract and agreements rule)
is authorized.
(f) The legislative rule filed in the State Register on the
twenty-seventh day of September, two thousand seven, relating to
the School Building Authority (School Building Authority reporting
procedures rule) is authorized.
(g) The legislative rule filed in the State Register on the twelfth day of July, two thousand seven, and amended by the School
Building Authority and refiled on the twenty-eighth day of
December, two thousand seven, relating to the School Building
Authority (School Access Safety Act rule) is authorized.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 17. LEGISLATIVE RULES.
§18B-17-2. Authorizing rules of Higher Education Policy
Commission.
(a) The legislative rule filed in the State Register on the
fifteenth day of October, two thousand four, relating to the Higher
Education Policy Commission (Underwood-Smith Teacher Scholarship
Program rule) is authorized.
(b) The legislative rule filed in the State Register on the
fifteenth day of October, two thousand four, relating to the Higher
Education Policy Commission (West Virginia Engineering, Science and
Technology Scholarship Program rule) is authorized.
(c) The legislative rule filed in the State Register on the
fifteenth day of October, two thousand four, relating to the Higher
Education Policy Commission (Medical Education Fee and Medical
Student Loan Program rule) is authorized.
(d) The legislative rule filed in the State Register on the
twenty-seventh day of October, two thousand five, relating to the
Higher Education Policy Commission (authorization of
degree-granting institutions) is authorized.
(e) The legislative rule filed in the State Register on the
twenty-third day of August, two thousand six, relating to the
Higher Education Policy Commission (West Virginia Higher Education
Grant Program) is authorized.
(f) The legislative rule filed in the State Register on the
fourth day of January, two thousand eight, relating to the Higher
Education Policy Commission (Providing Real Opportunities for
Maximizing In-state Student Excellence - PROMISE) is authorized.