ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4206
(By Delegates Brown, Miley, Burdiss,
Talbott and
Overington)
[Passed March 5, 2008; in effect from passage.]
AN ACT 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 Fire Marshal to promulgate
a legislative rule relating to the supervision of fire
protection work;
authorizing the Regional Jail and
Correctional Facility Authority to promulgate a legislative
rule relating to a furlough program for regional jails
;
authorizing the Regional Jail and Correctional Facility
Authority to promulgate a legislative rule relating to a work
program for regional jail inmates
;
authorizing the State
Police to promulgate a legislative rule relating to cadet
selection
;
authorizing the State Police to promulgate a
legislative rule relating to the West Virginia State Police
Career Progression System
; and
authorizing the State Police to
promulgate a legislative rule relating to the West Virginia
State Police professional standards investigations, employee
rights, early identification system, psychological assessment
and progressive discipline.
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 Fire Marshal.
The legislative rule filed in the state register on the twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three-d, chapter twenty-nine, of
this code, modified by the State Fire Marshal to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of January, two
thousand eight, relating to the State Fire Marshal (supervision of
fire protection work, 103 CSR 3), is authorized with the following
amendment:
On page one, by striking out subsections 3.4 and 3.5 in their
entirety and renumbering the remaining subsections accordingly
;
On page two, by striking out subsections 3.11, 3.12 and 3.13
in their entirety and renumbering the remaining subsections
accordingly;
On page five, by striking out subsections 7.2 through 7.6 in
their entirety and renumbering the remaining subsections
accordingly; and
On page nine, by striking out subsections 13.3 through 13.7 in
their entirety and renumbering the subsection accordingly.
§64-6-2. Regional Jail and Correctional Facility Authority.
(a) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section twenty-nine, article twenty, chapter
thirty-one, of this code, modified by the Regional Jail and
Correctional Facility Authority to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of January, two thousand eight, relating to the Regional Jail and Correctional Facility Authority (furlough
program for regional jails, 94 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section thirty-one, article twenty, chapter
thirty-one, of this code, modified by the Regional Jail and
Correctional Facility Authority to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the third day of January, two thousand eight, relating
to the Regional Jail and Correctional Facility Authority (work
program for regional jail inmates, 94 CSR 8), is authorized.
§64-6-3. State Police.
(a) The legislative rule filed in the state register on the
seventeenth day of July, two thousand seven, 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 the twenty-ninth day of August, two thousand
seven, relating to the State Police (cadet selection, 81 CSR 2), is
authorized.
(b) The legislative rule filed in the state register on the
twenty-fifth day of June, two thousand seven, 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 the eleventh day of October, two thousand seven, relating to the State Police (West Virginia State Police Career
Progression System, 81 CSR 3), is authorized with the amendments
set forth below:
On page four, subdivision 4.1.1.a, by striking "seven (7)" and
inserting in lieu thereof the words "nine (9)";
On page four, subdivision 4.1.1.b, following the word
"sergeants" on the first line of the subdivision by inserting a
comma and the words "that have at least one year in the present
rank" an a comma;
On page four, subdivision 4.1.1.c, following the word
"sergeants" by inserting a comma and the words "that have at least
one year in the present rank" an a comma;
On page four, paragraph 4.1.1.c, by deleting the following
words: "Effective July 1, 2012 and continuing thereafter, a first
sergeant must possess a post-secondary education bachelor's degree
in order to be eligible for promotion to the rank of second
lieutenant or first lieutenant.";
On page four, subdivision 4.2.2.d, following the words
"bachelor's degree - " by striking the words "two (2)" and
inserting in lieu thereof "one (1)";
On page four, subdivision 4.2.2.d, following the words
"master's degree - " by striking the words "three(3)" and inserting
in lieu thereof "one and one half (1.5)";
On page four, subdivision 4.2.2.d, following the words "PHD"
by striking the words "four (4)" and inserting in lieu thereof "two
(2)"; and
On page six, following subdivision 4.5.2, by inserting "The
34% removed members shall be done at the end of the ordered
promotional list or prior to the oral evaluation whichever the
Superintendent chooses."
And,
On page eleven, On page four, subdivision 7.1.5. by deleting
the following words: "Effective July 1, 2012 and continuing
thereafter, a member must possess a post-secondary education
bachelor's degree in order to be eligible for reclassification to
administrative support specialist VII or VIII.".
(c) The legislative rule filed in the state register on the
twenty-fifth day of June, two thousand seven, authorized under the
authority of section twenty-five, article two, chapter fifteen, of
this code, relating to the State Police (West Virginia State Police
professional standards investigations, employee rights, early
identification system, psychological assessment and progressive
discipline, 81 CSR 10), is authorized.