Senate Bill No. 774
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Oliverio, Ross, Schoonover, Snyder, White and Scott)
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[Originating in the Committee on the Judiciary;
reported March 5, 1998.]
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A BILL to amend article one, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten, relating
to requiring state agencies to supply certain information to
the Legislature regarding federally mandated statutory
changes; information required; and penalty.
Be it enacted by the Legislature of West Virginia:
That article one, chapter five-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section ten, to read as
follows:
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-10. Required information regarding federally mandated changes in state law; penalty.
(a) Notwithstanding any provision of this code to the
contrary, any agency of this state seeking a change in state law
based upon a purported need for said change in order to be in
compliance with federal law shall, prior to the fifteenth day of
the legislative session in which the statutory change or changes is
sought, provide in writing to the president of the Senate and
speaker of the House of Delegates a written request for the
statutory changes.
(b) The request referred to in subsection (a) of this section
shall include or be accompanied by:
(1) A complete statement of any federal moneys which would be
lost by failure to comply along with documentation supporting the
amount set forth;
(2) Specific statutory reference as to the federal law
requiring said change;
(3) Specific reference to any provision of the code of federal
regulations or federal register mandating the change in state law;
(4) Where possible, correspondence from the federal agency
charged with enforcing or approving state compliance with such
federal law or regulation setting forth the necessary changes; (5) Where compliance with the requirement in subsection (a) of
this section that the documents and request be provided is not met,
a written explanation setting forth the reasons for the failure to comply; and
(6) A statement of any exemptings or exceptions available who
would allow the state not to comply with the federal law.
(c) Negligent or willful failure to comply with the provisions
of this section shall constitute grounds for discharge for the
person or persons charged as part of his or her employment with
compliance with this section.
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(NOTE: The purpose of this bill is to establish requirements
for agencies seeking a change in legislation based on purported
federal mandate.
§5A-1-10 is new; therefore, strike-throughs and underscoring
have been omitted.)