ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 196
(Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan, original sponsors)
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[Passed March 9, 1996; in effect from passage.]
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AN ACT to amend and reenact article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, 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 and
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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; authorizing the jail and
correctional facility standards commission to promulgate
legislative rules relating to the minimum standards for
construction, operation and maintenance of jails, as modified;
authorizing the jail and correctional facility standards
commission to promulgate legislative rules relating to the
minimum standards for the construction, operation and
maintenance of correctional facilities, as modified;
authorizing the state police to promulgate legislative rules
relating to the West Virginia DNA databank, as modified;
authorizing the state police to promulgate legislative rules
relating to state police grievance procedures, as modified and
amended; authorizing the state police to promulgate
legislative rules relating to cadet physical qualifications,
as modified; authorizing the state police to promulgate
legislative rules relating to West Virginia state police
professional standards investigations, as modified; authorizing the division of veterans affairs to promulgate
legislative rules relating to the state home for veterans-
fiscal, as modified; and authorizing the fire commission to
promulgate legislative rules relating to the state building
code, as modified and amended.
Be it enacted by the Legislature of West Virginia:
That article six, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, 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. Jail and correctional facility standards commission.
(a) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section nine, article twenty,
chapter thirty-one of this code, modified by the jail and
correctional facility standards commission to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the twenty-second day of November, one thousand
nine hundred ninety-five, relating to the jail and correctional
facility standards commission (West Virginia minimum standards for construction, operation and maintenance of jails, 95CSR1), are
authorized.
(b) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section nine, article twenty,
chapter thirty-one of this code, modified by the jail and
correctional facility standards commission to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the eleventh day of January, one thousand nine
hundred ninety-six, relating to the jail and correctional facility
standards commission (minimum standards for construction, operation
and maintenance of correctional facilities, 95CSR2), are
authorized.
§64-6-2. State police.
(a) The legislative rules filed in the state register on the
ninth day of May, one thousand nine hundred ninety-five, authorized
under the authority of section twenty-four-a, 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 thirteenth day of June, one
thousand nine hundred ninety-five, relating to the state police (West Virginia DNA databank, 81CSR9), are authorized.
(b) The legislative rules filed in the state register on the
twenty-third day of June, one thousand nine hundred ninety-five,
authorized under the authority of section six, 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-second day of
September, one thousand nine hundred ninety-five, relating to the
state police (state police grievance procedures, 81CSR8), are
authorized, with the following amendment:
"On page four, section 4.6, after the words 'a grievant may',
by striking out the words 'have no', and inserting in lieu thereof
the words 'not have'".
(c) The legislative rules filed in the state register on the
twenty-third day of June, one thousand nine hundred ninety-five,
authorized 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-second day of
September, one thousand nine hundred ninety-five, relating to the
state police (cadet physical qualifications, 81CSR2), are authorized.
(d) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized 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-second day of December,
one thousand nine hundred ninety-five, relating to the state police
(West Virginia state police professional standards investigations,
81CSR10), are authorized.
§64-6-3. Division of veterans affairs.
The legislative rules filed in the state register on the
twenty-fourth day of July, one thousand nine hundred ninety-five,
under the authority of section three, article two, chapter nine-a
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 second day of November, one
thousand nine hundred ninety-five, relating to the division of
veterans affairs (state home for veterans-fiscal, 86CSR2), are
authorized.
§64-6-4. Fire commission.
The legislative rules filed in the state register on the
eighth day of August, one thousand nine hundred ninety-four,
modified by the fire commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of November, one thousand nine
hundred ninety-four, relating to the fire commission (state
building code, 87CSR4), are authorized with the following
amendments:
"On page two, subsection 3.1, by striking out the words 'more
stringent' and inserting in lieu thereof the words 'state fire';
And,
On page two, subsection 4.1, by striking out the words
'However, Section PM-104.4 "Right of Entry"' and inserting in lieu
thereof the words 'This maintenance code'".