H. B. 2637
(By Delegates Staton, Amores, Hunt,
Linch, Stemple, Schadler and Faircloth)
(Originating in the Committee on the Judiciary)
[February 3, 1999]
A BILL to amend article three, chapter twenty-nine-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to establishing a severability clause for
legislative rules.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-nine-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
eighteen, to read as follows:
ARTICLE 3. RULE MAKING.
29A-3-18. Severability of legislative rules.
Unless there is a provision in a legislative rule specifying
that the provisions thereof shall not be severable, the
provisions of every legislative rule, whether enacted before or
subsequent to the effective date of this section, shall be
severable so that if any provision of any rule section or
amendment thereto is held to be unconstitutional or void, the remaining provisions of the rule shall remain valid, unless the
court finds the valid provisions are so essentially and
inseparably connected with, and so dependent upon, the
unconstitutional or void provision that the court cannot presume
the Legislature would have enacted the remaining valid provisions
without the unconstitutional or void one, or unless the court
finds the remaining valid provisions, standing alone, are
incomplete and are incapable of being executed in accordance with
the legislative intent: Provided, That if any legislative rule
has its own severability clause, then that severability clause
shall govern and control with respect to that section, in lieu of
the provisions of this section. The provisions of this section
shall be fully applicable to all future amendments to legislative
rules, with like effect as if the provisions of this section were
set forth in extenso in every such amendment were reenacted as a
part thereof, unless such amendment to the legislative rule
contains its own severability clause.
NOTE: The purpose of this bill is to establish a severability
clause for legislative rules.
This is a new section so underlining and strike-throughs are
omitted.