Senate Bill No. 152
(By Senators Wooton, Ball, Dittmar, Fanning,
Kessler,
McCabe, Mitchell, Oliverio, Ross and Snyder)
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[Originating in the Committee on the Judiciary;
reported January 15, l999.]
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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.
ยง5A-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 to be in compliance with federal law
shall, prior to the fifteenth day of the legislative session in
which the statutory change or changes are 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) A copy of the specific federal law requiring said change;
(3) A copy of the specific 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) A statement of any exemptions or exceptions available
which would allow the state to not comply with the federal law;
(6) A detailed fiscal note; and
(7) 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.
(c) Willful failure to comply with the provisions of this
section shall constitute grounds for disciplinary action by the
head of the agency involved 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 require agencies which
seek a statutory change based on a purported federal mandate to
supply detailed information regarding the proposed change.
Section ten is new; therefore, strike-throughs and
underscoring have been omitted.)