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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 64 Printer Friendly Versions
Chapter 64  |  Article 64 - 2
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64 - 2 - ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

WVC 64 - 2 - 1 §64-2-1. Department of Administration.

     (a) The legislative rule filed in the State Register on the thirtieth day of August, two thousand twelve, authorized under the authority of section six, article twenty-two-a, chapter five, of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand twelve, relating to the Department of Administration (selecting design-builders under the Design-Build Procurement Act, 148 CSR 11 ), is authorized, with the amendment set forth below:

     On page one, section four, subsection 4.1, line twelve, following the word "Section", by striking "11" and inserting in lieu thereof "10".

     (b) The legislative rule filed in the State Register on the thirtieth day of August, two thousand twelve, authorized under the authority of section forty-eight, article three, chapter five-a, of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the nineteenth day of December, two thousand twelve, relating to the Department of Administration (state owned vehicles, 148 CSR 3 ), is authorized, with the amendment set forth below:

     On page five, section six, subdivision 6.2.1, line sixteen, following the words "minimum of", by striking out the number "500" and inserting in lieu thereof the number "1,100". WVC 64 - 2 - 2 §64-2-2. Consolidated Public Retirement Board.

     (a) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, 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 twentieth day of September, two thousand twelve, relating to the Consolidated Public Retirement Board (general provisions, 162 CSR 1 ), is authorized, with the following amendments:

     On page two, section three, by striking out the subsection designation 3.1;

     On page two, section three, lines eight and nine, by underlining the words "and the Municipal Police Officers and Firefighters Retirement System (W.Va. Code §8-22A, et seq.)";

     On page two, section five, subsection 5.4, line seven, after the words "involved by reason", by striking out the word "or" and inserting in lieu thereof the word "of";

     On page three, section six, subsection 6.1, lines five and six, by underlining the words "and the Municipal Police Officers and Firefighters Retirement System";

     On page three, subsection 6.2, following line two, by striking "4.4" and inserting in lieu thereof "5.4";

     On page four, section seven, subdivision 7.2.c, line two, after the word "", by striking out the underlined word "and";

     On page five, section seven, subdivision 7.2.f., line ten, by striking out the word "ser" and inserting in lieu thereof, the word "set";

     On page six, subdivision 7.2.h, line three, following the words "retirant and the", by striking the words "former spouse" and inserting in lieu thereof "alternate payee";

     And,

     On page six, subdivision 7.2.h, line three, following the words "Payments to the", by striking the words "former spouse" and inserting in lieu thereof "alternate payee".

     (b) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, 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 twentieth day of September, two thousand twelve, relating to the Consolidated Public Retirement Board (benefit determination and appeal, 162 CSR 2 ), is authorized, with the following amendment:

     On page six, section eight, by striking out the subsection designation 8.1;,

     On page six, section nine, by striking out the subsection designation 9.1.;

     On page six, section nine, line four, after the words "financial information", by striking out the word "are" and inserting in lieu thereof, the word "is";

     And,

     On page six, section ten, by striking out the subsection designation 10.1.

     (c) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, 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 twentieth day of September, two thousand twelve, relating to the Consolidated Public Retirement Board (Teachers' Retirement System, 162 CSR 4 ), is authorized, with the following amendment:

     On page five, section four, subdivision 4.12.1, line four, following "W.Va. Code §5-16-13(f)", by inserting "and (m)".

     (d) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, 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 twentieth day of September, two thousand twelve, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR 5 ), is authorized , with the following amendment:

     On page three, subsection 8.1., after the word "System" by changing the period to a colon and inserting the following proviso: And provided further, That beginning July 1, 2013, each participating public employer shall contribute fourteen and five- tenths percent (14.5%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.;

     (e) The legislative rule filed in the State Register on the twenty-second day of August, two thousand twelve, authorized under the authority of section one, article ten-d, chapter five, of this code, relating to the Consolidated Public Retirement Board (West Virginia State Police, 162 CSR 9 ), is authorized, with the amendment set forth below:

     On page eight, section two, after line seventy-nine, by inserting the following:

     On page eight, subsection 14.1., after the word "System" by changing the period to a colon and inserting the following proviso: "And provided further, That beginning July 1, 2013, the West Virginia State Police shall contribute fourteen and five-tenths percent (14.5%) of the monthly salary of each member of the West Virginia State Police Retirement System to the West Virginia State Police Retirement System;

     On page nine, section eighteen, subsection 18.1, line five, following the word "lifetime", by inserting "or until he or she remarries. If there is no surviving spouse or if the surviving spouse remarries or dies, then payments are to be paid to the dependent children or dependent parents of the deceased retirant as provided in subsection (a), section fourteen, article two-a, chapter fifteen of the code." WVC 64 - 2 - 3 4§19-25-7. Insurance policies.

                                            Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any owner of lands covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the use of such insured's land for recreational, wildlife propagation or military, law-enforcement or homeland-defense purposes, unless such provision or endorsement is rejected in writing by the named insured. WVC 64 - 2 - 4 §64-2-4. Ethics Commission.
(a) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section five, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (purchase, sale or lease of personal property, 158 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (interest in public contracts, 158 CSR 8), is authorized.

(c) The legislative rule filed in the State Register on July 29, 2008, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (voting, 158 CSR 9), is authorized.

(d) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section five, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 26, 2008, relating to the Ethics Commission (employment exemptions, 158 CSR 11), is authorized.

(e) The legislative rule filed in the State Register on July 28, 2008, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 5, 2008, relating to the Ethics Commission (lobbying, 158 CSR 12), is authorized.

(f) The legislative rule filed in the State Register on August 21, 2008, authorized under the authority of section two, article two, chapter six-b of this code, relating to the Ethics Commission (filing of verified time records, 158 CSR 14), is authorized.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§64 - 3 - 1 - (Amended Code)
SENATE BILL - 133
PASSED - Regular Session

SB133 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing DEP promulgate legislative rules
§64 - 10 - 1 - (Amended Code)
§64 - 10 - 2 - (Amended Code)
§64 - 10 - 3 - (Amended Code)
SENATE BILL - 140
PASSED - Regular Session

SB140 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Commerce promulgate legislative rules
§64 - 5 - 1 - (Amended Code)
§64 - 5 - 2 - (Amended Code)
§64 - 5 - 3 - (Amended Code)
§64 - 5 - 4 - (Amended Code)
SENATE BILL - 155
PASSED - Regular Session

SB155 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing DHHR promulgate legislative rules
§64 - 8 - 1 - (Amended Code)
§64 - 8 - 2 - (Amended Code)
SENATE BILL - 165
PASSED - Regular Session

SB165 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Transportation promulgate legislative rules
§64 - 7 - 1 - (Amended Code)
§64 - 7 - 2 - (Amended Code)
§64 - 7 - 3 - (Amended Code)
§64 - 7 - 4 - (Amended Code)
SENATE BILL - 167
PASSED - Regular Session

SB167 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Revenue promulgate legislative rules
§64 - 2 - 1 - (Amended Code)
§64 - 2 - 2 - (Amended Code)
SENATE BILL - 181
PASSED - Regular Session

SB181 SUB1 ENR  (Uploaded - 03/25/2014)
Authorizing Department of Administration promulgate legislative rules
§64 - 4 - 1 - (Amended Code)
SENATE BILL - 196
PASSED - Regular Session

SB196 SUB1 ENR  (Uploaded - 03/26/2014)
Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board
§64 - 9 - 1 - (Amended Code)
§64 - 9 - 2 - (Amended Code)
§64 - 9 - 3 - (Amended Code)
§64 - 9 - 4 - (Amended Code)
§64 - 9 - 5 - (Amended Code)
§64 - 9 - 6 - (Amended Code)
§64 - 9 - 7 - (Amended Code)
§64 - 9 - 8 - (Amended Code)
§64 - 9 - 9 - (Amended Code)
§64 - 9 - 10 - (Amended Code)
§64 - 9 - 11 - (Amended Code)
§64 - 9 - 12 - (Amended Code)
§64 - 9 - 13 - (Amended Code)
§64 - 9 - 14 - (Amended Code)
§64 - 9 - 15 - (Amended Code)
§64 - 9 - 16 - (Amended Code)
§64 - 9 - 17 - (Amended Code)
HOUSE BILL - 4039
PASSED - Regular Session

HB4039 SUB ENR  (Uploaded - 03/25/2014)
Authorizing miscellaneous boards and agencies to promulgate legislative rules
§64 - 6 - 1 - (Amended Code)
§64 - 6 - 2 - (Amended Code)
§64 - 6 - 3 - (Amended Code)
§64 - 6 - 4 - (Amended Code)
HOUSE BILL - 4067
PASSED - Regular Session

HB4067 SUB ENR  (Uploaded - 03/25/2014)
Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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