Enrolled Committee Substitute
House Bill 2567 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2567
(By Delegates Miley, Webster, Ellem, Hamilton,
Mahan, Shook and Varner)
[Passed April 10, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §29A-2-6 of the Code of West Virginia,
1931, as amended, relating to filing agency rules with the
secretary of state under the administrative procedures act;
requiring all rules to be filed with the secretary of state
electronically beginning July 1, 2011; allowing for exemptions
to the requirement; requiring legislative rules to implement
the provisions of the requirement; and authorizing a voluntary
pilot program to electronic filing of proposed rules.
Be it enacted by the Legislature of West Virginia:
That §29A-2-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE REGISTER.
§29A-2-6. Format and numbering of agency rules filed in state
register; electronic filing required beginning July
1, 2011; pilot project.
(a) Each proposed rule filed by an agency requiring a notice to be published in the state register in accordance with the
provisions of section five, article three of this chapter shall
include as its initial provisions: (1) A statement identifying such
rule as a legislative rule, an interpretive rule or a procedural
rule, as the case may be; (2) a statement of such section, article
and chapter of this code to which such rule or any part thereof
relates; and (3) a statement of the section, article and chapter of
this code or any other provision of law which provides authority
for the promulgation of such rule. The agency shall be stopped
from relying on any authority for the promulgation of such rule
which is not stated therein in accordance with the requirements of
this subdivision.
(b) Each rule when filed, to be finally effective, shall have
attached thereto an abstract of its promulgation history prepared
by the agency showing the date of the filing in the state register
of the content of, or notice of any procedure relating to, action
necessary under this chapter to cause such rules to be finally
effective: Provided, That any error or omission in such abstract
shall not affect the validity of any rule or action in respect
thereto.
(c) The secretary of state shall prescribe by legislative rule
a standard size, format, numbering and indexing for rules to be
filed in the state register, and may prescribe procedural or
interpretive rules to clarify and interpret the provisions in this
section. The secretary of state shall refuse to accept for filing
any rules which do not comply with the specific provisions of this section. The Secretary of State may also refuse to accept any
rules which do not comply with the rules issued pursuant to this
section.
(d) Unless and until the secretary of state prescribes
otherwise by rule issued and made effective under the provisions of
subsection (c) of this section, each rule filed in paper form in
the state register shall be on white paper measuring eight and one-
half inches by eleven inches, typewritten and single-spaced, with
a one inch margin at the top, bottom and each side of each page,
and shall be reproduced photographically, or by xerography or other
duplication process. The secretary of state may grant specific
exceptions to such requirements in the case of maps, diagrams and
exhibits, if the same may not be conveniently folded and fastened
with the other pages of rules and in the case of rules which
incorporate a rule or regulation of a federal agency or other
organization which could not be submitted in the standard size and
format except at undue expense. Materials submitted for inclusion
in the state register shall be fastened on the left side by two or
more fasteners attached through holes suitable for insertion into
ring binders.
(e)
(1) Beginning July 1, 2011,
unless otherwise authorized by
the secretary of state,
all agencies, boards and commissions having
rulemaking authority
, shall file the provisions of and attachments
to all
proposed
rules required to be filed with the secretary of
state, and any associated documents that are required to be
published in the state register,
exclusively in a electronic format. The secretary of state may exempt an agency, board or
commission from
this requirement
upon the secretary of state's
determination that the filer is without the means to electronically
file the documents and to require electronic filing would place an
unreasonable burden on the agency, board or commission.
(2) On or before July 1, 2010, the secretary of state shall
propose for promulgation legislative rules to establish a uniform
system for the electronic filing required by the provisions of this
section and to otherwise implement those provisions.
(3) During the calendar year 2010, through procedural rules,
the secretary of state may institute a limited pilot project
through which proposed new rules or amendments to existing rules
may be filed electronically by any agency, board or commission
under agreement with the secretary of state.
Participation by any
agency, board or commission in the pilot project is voluntary.