COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 272
(By Senators Ross, Anderson, Bowman and Boley)
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[Originating in the Committee on the Judiciary;
reported February 17, 1999.]
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A BILL 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; and to amend and reenact
section one, article two of said chapter, all relating 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
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 and the auditor to
promulgate legislative rules relating to purchasing card program; and authorizing the department of administration and
the auditor to promulgate legislative rules relating to
purchasing.
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; 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.
(a) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight, 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 twenty- ninth day of October, one thousand nine hundred ninety-eight,
relating to the department of administration and the auditor (state purchasing card program, 148 CSR 7), is authorized, with the
amendments set forth below:
On page two after subsection 2.15 by adding a new subsection
2.16 to read as follows:
2.16. "Statewide Contract" means a legally binding instrument
competitively bid, awarded and maintained by the Purchasing
Division to provide services or tangible goods to all state
spending units at a specified price. Statewide contract usage is
mandatory for all agencies under the jurisdiction of the Purchasing
Division and available (upon mutual consent) to agencies not under
the jurisdiction of the Purchasing Division.;
On page three, subsection 2.17 by striking out the words
"except for maintenance which cannot" and inserting in lieu thereof
the words "except for purchases including maintenance foreseen to";
On page seven, subsection 6.3 by striking out the words
"blanket orders and price agreements" and inserting in lieu thereof
the words "in accordance with the transaction limit as set forth in
subsection 2.18 of this rule, excluding those requiring advance
approval of the Purchasing Division. There is no annual limit for
payments against state-wide contracts.";
And,
On page seven, after subsection 6.3 by adding a new subsection
6.4 to read as follows:
6.4 With the exception of orders against statewide contracts,
the card cannot be used as a payment method for purchases foreseen
to exceed $15,000 annually for all colleges and universities and
$10,000 annually for all other spending units in accordance with
state purchasing guidelines.
(b) The legislative rule filed in the state register on the
third day of August, one thousand nine hundred ninety-eight,
authorized under the authority of section four, article three,
chapter five-a, 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 first day of October, one thousand nine hundred
ninety-eight, relating to the department of administration and the
auditor (purchasing, 148 CSR 1), is authorized.