By Mr. Speaker, Mr. Chambers, and Delegate Burk:
H. C. R. 3--"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 of the 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 the proposed 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.