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Committee Substitute House Bill 4081 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H.B. 4081

(By Delegates Brown, D. Poling, Miley,

Talbott, Overington and Sobonya)


(Originating in the Committee on the Judiciary)

[February 23, 2010]


A BILL to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; 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 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 the State Police to promulgate legislative rules relating to West Virginia State Police Career Progression System (81 CSR 3) and carrying of handguns by retired or medically discharged members (81 CSR 6); authorizing the Fire Commission to promulgate legislative rules relating to the state fire code (87 CSR 1) and state building code (87 CSR 4); authorizing the Division of Corrections to promulgate legislative rules relating to the recording of inmate telephone calls (90 CSR 5) and the monitoring of inmate mail (90 CSR 7); authorizing the Division of Homeland Security and Emergency Management to promulgate a legislative rule relating to industrial accident rapid response (170 CSR 2).

Be it enacted by the Legislature of West Virginia:

That article 6, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. AUTHORIZATION FOR THE DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.

§64-6-1. State Police.
(a) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section five, article two, chapter fifteen, of this code, modified by the State Police to meet the objections of the legislative rule-making review committee and refiled in the state register on January 12, 2010, relating to the State Police (West Virginia State Police Career Progression System, 81 CSR 3), is authorized.
(b) The legislative rule filed in the state register on July 31, 2009, authorized under the authority of section twenty-five, article two, chapter fifteen, of this code, modified by the State Police to meet the objections of the legislative rule-making review committee and refiled in the state register on January 12, 2010, relating to the State Police (carrying of handguns by retired or medically discharged members, 81 CSR 6), is authorized.
§64-6-2. Fire Commission.
(a) The legislative rule filed in the state register on July 21, 2009, authorized under the authority of section five, article three, chapter twenty-nine, of this code, modified by the Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on December 16, 2009, relating to the Fire Commission (state fire code, 87 CSR 1), is authorized.
(b) The legislative rule filed in the state register on July 21, 2009, authorized under the authority of section five-b, article three, chapter twenty-nine, of this code, modified by the Fire Commission to meet the objections of the legislative rule-making review committee and refiled in the state register on December 16, 2009, relating to the Fire Commission (state building code, 87 CSR 4), is authorized, with the following amendments:
On page two, subdivision 4.1.6, by restoring the subdivision to its current language; and
On page three, subdivision 4.1.7, following the word "inches" and the period and before the word "Section" by inserting the following words: "Section R313: Automatic Fire Sprinkler Systems, in its entirety, is specifically excluded from the scope of this rule series."
.
§64-6-3. Division of Corrections.
(a) The legislative rule filed in the state register on June 16, 2009, authorized under the authority of section seventeen, article one, chapter twenty-five, of this code, modified by the Division of Corrections to meet the objections of the legislative rule-making review committee and refiled in the state register on July 22, 2009, relating to the Division of Corrections (recording of inmate telephone calls, 90 CSR 5), is authorized.
(b) The legislative rule filed in the state register on June 16, 2009, authorized under the authority of section eighteen, article one, chapter twenty-five, of this code, modified by the Division of Corrections to meet the objections of the legislative rule-making review committee and refiled in the state register on July 22, 2009, relating to the Division of Corrections (monitoring of inmate mail, 90 CSR 7), is authorized.
§64-6-4. Division of Homeland Security and Emergency Management.

The legislative rule filed in the state register on August 4,2009, authorized under the authority of section three-A, article five-B, chapter fifteen, of this code, relating to the Division of Homeland Security and Emergency Management
(industrial accident rapid response, 170 CSR 2), is authorized, with the following amendments:
On page 3, section 3, subsection 3.1., line 4 after the word "Director" by inserting the following, "
within fifteen minutes of ascertaining the occurrence of an emergency event at an industrial facility"
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