ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4144
(By Delegates Hunt, Linch, Compton, Jenkins,
Faircloth and Riggs)
[Passed March 12, 1998; in effect from passage.]
AN ACT to amend and reenact section one, article one, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
one, article two of said chapter; to further amend said
article by adding thereto a new section, designated section
two, all relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
continuing rules previously promulgated by state agencies;
legislative mandate or authorization for the promulgation of
certain legislative rules; authorizing certain of the agencies
to promulgate legislative rules with various modifications
presented to and recommended by the legislative rule-making
review committee; authorizing certain agencies to promulgate
legislative rules as amended by the Legislature; authorizing
department of administration to promulgate legislative rules relating to purchasing card program; and authorizing division
of personnel to promulgate legislative rules relating to
administrative rules.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section one, article two of said
chapter be amended and reenacted; and that said article be amended
by adding thereto a new section, designated section two, 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 first
day of August, one thousand nine hundred ninety-seven, 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 eighteenth day
of September, one thousand nine hundred ninety-seven, relating to
the department of administration and the auditor (state purchasing
card program, 148 CSR 7), is authorized.
§64-2-2. Division of personnel.
The legislative rule filed in the state register on the first
day of August, one thousand nine hundred ninety-seven, under the
authority of section ten, article six, chapter twenty-nine, of this
code, modified by the division of personnel to meet the objections of the legislative rule-making review committee and refiled in the
state register on the seventh day of January, one thousand nine
hundred ninety-eight, relating to the division of personnel
(administrative rule of the West Virginia division of personnel,
143 CSR 1), is authorized, with the following amendment:
"On page 35, Subsection 12.6, by following the words 'wage or
salary' by inserting the following: 'or is paid temporary total
disability under the provisions of section one, article four,
chapter twenty-three of this code,'."