COMMITTEE SUBSTITUTE
FOR
H. B. 2317
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch and
Riggs)
(Originating in the Committee on the Judiciary)
[March 21, 1997]
A BILL to repeal section two, article two, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section one,
article one of said chapter; and to amend and reenact
section one, article two of said chapter, all relating to
the authorization of legislative rules; continuing rules
previously promulgated by state agencies; and authorizing
the department of administration and the auditor to
promulgate a legislative rule relating to the state
purchasing card program.
Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section one, article one of said chapter be amended and reenacted; and that section one, article two of said chapter be amended and reenacted, all to read as
follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine- a of the code of West Virginia, the Legislature expressly
authorizes the promulgation of the rules described in articles
two through eleven of this chapter, subject only to the
limitations set forth with respect to each such rule in the
section or sections of this chapter authorizing its
promulgation. The Legislature declares that all rules now or
hereafter authorized under articles two through eleven of this
chapter are within the legislative intent of the statute which
the rule is intended to implement, extend, apply or interpret.
Legislative rules promulgated pursuant to the provisions of
articles one through eleven of this chapter in effect at the
effective date of this section shall continue in full force and
effect until reauthorized in this chapter by legislative
enactment, or until amended by emergency rule pursuant to the
provisions of article three, chapter twenty-nine-a of this code.
All proposed legislative rules for which bills of
authorization have been introduced in the Legislature not
specifically authorized under articles two through eleven of this chapter are disapproved by the Legislature.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of administration and the auditor.
The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section ten-a, article three, chapter
twelve, of this code, modified by the department of
administration and the auditor to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the sixth day of February, one thousand nine
hundred ninety-seven, relating to the department of
administration and the auditor (state purchasing card program,
148 CSR 7), is authorized.