HB4319 H GO AM 2-9
Roskovensky 3338
The Committee on Government Organization moves to amend the
bill on page one, line fifteen, by striking out everything after
the enacting clause and inserting in lieu thereof the following:
"That §29A-2-7 of the Code of West Virginia, 1931, as amended
be amended and reenacted to read as follows:
ARTICLE 2. STATE REGISTER.
§29A-2-7. Publication of State Register.
(a) The Legislature intends that the Secretary of State offer
to the public convenient and efficient access to copies of the
State Register and Code of State Rules. or parts thereof desired by
the citizens. The provisions of this section are enacted in order
to provide a means of doing so pending any other means provided by
law or legislative rule. The State Register, the Code of State
Rules and other publications shall be available in electronic
format. A person may request a printed copy of such from the
Secretary of State for a fee.
(b) All materials filed in the State Register shall be indexed
daily in chronological order of filing with a brief description of
the item filed and a columnar cross index to:
(1) Agency;
(2) Section, article and chapter of the Code citation to which
it relates and by which it is filed in the State Register; and
(3) such Other information in the description or cross index
as the Secretary of State believes will aid a citizen person in
using the chronological index.
(c) To give users of the Code of State Rules a means to know
whether the rule is being superseded by a version of the rule that
has become effective, but not yet been final-filed, prepared,
proofed and distributed, or may be superseded by a rule which is
being proposed and promulgated pursuant to article three but not
yet become final, The Secretary of State shall provide with each
update of the Code of State Rules, a copy of the rule monitor and
its cross index which shows the rules that have become effective
but not yet distributed and the rules which may be superseded by a
rule which is being proposed. The copy of the rule monitor
distributed with the updates of the Code of State Rules shall state
plainly that this version of the rule monitor only shows the status
of the promulgation of rules as of the date of distribution of the
update of the Code of State Rules, and that to obtain the most
recent status of the rules, the user should consult the rule
monitor in the most recent publication of the state register. With
the first distribution to the loose leaf version of the code of
state rules the Secretary of State shall also distribute a divider
where the current rule monitor shall be maintained. With the first distribution, the Secretary of State shall also include
instructions, with a copy for insertion in or on the front of each
volume of the loose-leaf versions of the code of state rules, to
users on how the rule monitor can be utilized to determine whether
the version of the rule in the code of state rules is currently in
effect and instructions to users on how to use the rule monitor
determining the version of the rule in the Code of State Rules
currently in effect. This subsection is not to be construed to
require that subscribers to the updates of the code of state rules
receive a subscription to the State Register.
(d) The Secretary of State shall cause to be duplicated in such
number as shall be required, on white paper with three punches
suitable for fastening in three-ring binders or electronic media
produce in an electronic format the permanent biennial State
Register, the chronological index and other materials filed in the
register, or any part by agency or section, article or chapter for
subscription at a cost including labor, paper and postage,
sufficient in his the Secretary of State's judgment to defray the
expense of such duplication publication. The Secretary of State
shall also offer, at least at monthly intervals, supplements to the
published materials listed above. Any subscription for monthly
supplements shall be offered annually and shall include the
chronological index and materials related to such an agency or
agencies, or section, article or chapter of the code citation as a person may designate. A person may limit the request to notices
only, to notices and rules, or to notices and proposed rules, or any
combination thereof.
(e) Every two years, the Secretary of State shall offer for
purchase succeeding biennial permanent state registers which shall
consist of all rules effective on the date of publication selected
by the Secretary of State, which date shall be at least two years
from the last such publication date, and materials filed in the
State Register relating thereto to the rule. The cost of the
succeeding biennial permanent State Register and for the portion
relating to any agency or any section, article or chapter of the
code citation which may be designated by a person purchasing the
same shall be fixed in the same manner specified in section eleven
of this article subsection (d) of this section.
(f) The Secretary of State may omit from any duplication made
pursuant to subsection (e) of this section any rules the duplication
publication of which would be unduly cumbersome, expensive or
otherwise inexpedient, if a copy of such rules is made available
from the original filing of such rule, at a price not exceeding the
cost of duplication publication, and if the volume from which such
rule is omitted includes a notice in that portion of the publication
in which the rule would have been located, stating:
(1) The general subject matter of the omitted rule;
(2) Each section, article and chapter of this code citation to
which the omitted rule relates; and
(3) The means by which a copy of the omitted rule may be
obtained.
(g) The Secretary of State may only propose changes to the
procedures outlined in the section above subsection by proposing a
legislative rule under the provisions of section nine, article three
of this chapter. but may promulgate no rules containing those
changes unless authorized by the Legislature pursuant to article
three of this chapter.
(h) The Secretary of State shall promulgate for legislative
approval in accordance with the provisions of article three, of this
chapter a fees schedule for publications described in this section.
(h) (i) Beginning the first day of July, two thousand one, one
half of The fees and amounts collected for the sale of the State
Register, the Code of State Rules and other copies or data provided
by the Secretary of State shall be deposited in the state General
Revenue Fund and one half of the fees in the service fees and
collections account established by accordance with section two,
article one, chapter fifty-nine of this code for the operations of
the office of the Secretary of State. Any balance remaining on the
thirtieth day of June, two thousand one, in the existing special
revenue account entitled "state register" as established by chapter one hundred twenty-one, acts of the Legislature, regular session,
one thousand nine hundred eighty-two, shall be transferred to the
service fees and collections account established by section two,
article one, chapter fifty-nine of this code for the operation of
the office of the Secretary of State. The Secretary of State shall
dedicate sufficient resources from that fund or other funds to
provide the services required in this article."