By Mr. Speaker, Mr. Chambers, and Delegate Burk:
H. C. R. 1000--"Amending Joint Rules of the Senate and House
of Delegates, relating to bill processing for bills which
authorize the promulgation of proposed legislative rules."
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be
amended by adding thereto a new rule, designated Rule 5a, to read
as follows:
Processing of bills authorizing the promulgation of proposed
legislative rules; duplication and distribution of proposed
legislative rules.
5a. A "bill authorizing the promulgation of proposed
legislative rules" or a "bill of authorization" is a measure
intended to be enacted as general law, which incorporates by
reference a proposed legislative rule, with or without amendments
or substitutions set forth in the bill, and which authorizes the
promulgation and implementation of the proposed legislative rule.
The processing of bills authorizing the promulgation of proposed
legislative rules shall be governed by the standing rules of the
Senate and the House of Delegates, which are supplemented by the
provisions of this joint rule. In the case of any conflict
between this rule and a standing rule of the Senate or the House
of Delegates, the provisions of this rule control.
(1) The requirement of either house that bills shall be
presented in quadruplicate applies to bills authorizing the
promulgation of proposed legislative rules, but does not apply to
the proposed legislative rule which the bill incorporates by
reference. Of the quadruplicate copies, only the designated
original copy shall have appended thereto the full text of the
proposed legislative rule as finally approved by the agency
seeking permission for its promulgation. Other copies of the
full text of the proposed legislative rule shall be made
available to members of the Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative
rule shall be reproduced by printing or duplication by the Clerk
prior to, or as soon as is reasonably practicable after, the
introduction of the bill which would authorize by law the
promulgation of the proposed legislative rule. Prior to such
printing or duplication, a notation shall be affixed to the
proposed legislative rule which identifies the bill number of the
introduced bill which would authorize its promulgation and which
also identifies the committee or committees of the house to which
the bill is to be referred by the presiding officer following its
introduction. Otherwise, the copies printed or duplicated shall
conform to the copy of the proposed legislative rule appended to
the original bill, so as to facilitate the consideration and
amendment of the rule throughout the legislative process.
(3) Following the introduction of the bill of authorization
and the reproduction of copies of the proposed legislative rule,
the Clerk shall communicate a notice that copies of the full text
of the proposed legislative rule are available in the office ofthe Clerk, by an announcement made to the members of the house
during the session:
Provided,
That in addition to announcing the
availability of copies in his or her office, the Clerk, in his or
her discretion, may announce the availability of copies in the
Journal Room of the house or any other location or locations as
the Clerk may designate. The announcement by the Clerk shall
include a statement of the general subject matter of the proposed
legislative rule, a brief description of its purpose, an
identification of the agency seeking authority to promulgate it,
and the bill number of the bill of authorization which would
authorize its promulgation. The announcement may be made by the
Clerk at any time upon recognition by the presiding officer, and
the Journal shall reflect the announcement, the day and hour when
copies of the text of the proposed legislative rule were
announced as being available, and the location or locations where
copies of the proposed legislative rule are to be obtained.
(4) Whenever the standing rules of either house require the
printing or reprinting of a bill, the rules apply to bills
authorizing the promulgation of a proposed legislative rule with
the same force and effect as they apply to other bills. However,
no printing or reprinting of the proposed legislative rule which
is incorporated by reference in the bill of authorization shall
be required, other than the printing required by subsection (2)
of this joint rule.
(5) Whenever the standing rules of either house require a
bill to be read, or fully and distinctly read, the rules apply to
bills authorizing the promulgation of a proposed legislative rule
with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is
incorporated by reference in the bill of authorization is
required.
And,
That Rule 14 of the Joint Rules of the Senate and the House
of Delegates be amended to read as follows:
Printing Enrolled Bills
14. After a bill has been passed by both houses, the type
from which it was originally printed shall be corrected as to any
typographical errors that may not previously have been corrected
and to include any amendments that may have been made by either
house since the last printing of the bill. After the type has
been so corrected, three hundred fifty copies of the bill shall
be printed (except charter bills, of which only twenty-five of
each shall be printed). Twelve of these copies shall be on seven
and one-fourth by ten bond paper, twenty-pound basis of at least
fifty percent rag content for the use of the Joint Committee on
Enrolled Bills, one of which copies, when properly authenticated,
shall become the Enrolled Bill, and the remainder shall be on
twenty-pound basis, sulphite bond paper. From these copies all
judges shall be furnished enrolled bills as provided for in
section fourteen, article one, chapter four of the code. In the
case of enrolled bills authorizing the promulgation of a proposed
legislative rule, a copy of the full text of the proposed
legislative rule which the bill incorporates by reference shall
be appended to the bill which has been properly authenticated and
designated to be the Enrolled Bill. The copy appended to the
Enrolled Bill shall conform to the copy of the full text of theproposed legislative rule appended to the introduced bill.
Copies of the proposed legislative rule shall not be appended to
the additional copies of the enrolled bill. Following action by
the Governor, or the failure or refusal of the Governor to
approve or disapprove a bill of authorization, the copy of the
Enrolled Bill with the proposed legislative rule appended shall
be the copy of the bill filed with the Secretary of State in
accordance with the provisions of Rule 18 of these Joint Rules.