COMMITTEE SUBSTITUTE
FOR
H. B. 4172
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)

(Originating in the Committee on the Judiciary)
[February 27, 2002]

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 article two of said chapter, 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 and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain legislative rules with amendments; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing department of administration to promulgate legislative rule relating to state purchasing card program; disapproving department of administration legislative rule relating to parking ; authorizing consolidated public retirement board to promulgate legislative rule relating to benefit determination and appeal; authorizing records management and preservation board to promulgate legislative rule relating to county records management and preservation grant program; authorizing consolidated public retirement board to promulgate legislative rule service credit for accrued and unused sick and annual leave ; and authorizing board of risk and insurance management to promulgate legislative rule relating to mine subsidence insurance .

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 article two of said chapter be amended and reenacted, all to read as follows

§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, inclusive, 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. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, 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.

ARTICLE 2.

AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of administration and the auditor.
(a)

(b)

(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the consolidated public retirement board (consolidated public retirement board benefit determination and appeal, 162 CSR 2), is authorized.

(b) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section one, article ten-d, chapter five, of this code, modified by the consolidated public retirement board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of December, two thousand, relating to the consolidated public retirement board (service credit for accrued and unused sick and annual leave, 162 CSR 8), is authorized with the amendments set forth below:
On page one, section 1.1, by adding a new sentence at the end of the subdivision to read as follows: "Employees of the judicial and legislative branches of government are exempt from this rule.";
On page one, section 4.1, line twenty-six, following the word "shall" by striking out the words "be deferential to" and inserting in lieu thereof the word "accept"; and
On page two, section 4.1, line three, following the word "policy" by striking out the words "shall have been formally adopted in writing by the employer" and inserting in lieu thereof the words ":must be a written standard that is an accepted standard by the employer".

The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, under the authority of section fifteen, article eight, chapter five-a, of this code, modified by the records management and preservation board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand two, relating to the records management and preservation board (county records management and preservation grant program, 100 CSR 1), is authorized.

§64-2-4. Board of risk and insurance management.
The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section fifteen, article thirty, chapter thirty-three, of this code, modified by the board of risk and insurance management to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of January, two thousand two, relating to the board of risk and insurance management (mine subsidence insurance, 115 CSR 1), is authorized.



§64-1-1 and §64-2 have been completely rewritten. Therefore, strike-throughs and underlines have been omitted.