Introduced Version
House Bill 2567 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2567
(By Delegate Miley, Webster, Ellem, Hamilton, Mahan, Shook and
Varner)
[Introduced February 17, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL 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;
authorizing the secretary of state to require all rules to be
filed electronically; allowing for exceptions thereto; and
authorizing a pilot program to allow incremental
implementation of electronic filing mandate.
Be it enacted by the Legislature of West Virginia:
That §29-2-6 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.
(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 estopped 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 he may prescribe such procedural
or interpretive rules as he deems advisable 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. and he may refuse to
accept for filing any rules which do not comply with The
Secretary of State may also refuse to accept any rules that do not comply with the procedural rules issued by him pursuant to this
section until the rules sought to be filed are brought into
conformity with the secretary of state's procedural rules.
(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 this 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 the promulgation 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) The secretary of state, by the first day of July, two
thousand ten, shall also prescribe, by procedural legislative rule,
a uniform system for the electronic filing of a proposed rule or
emergency rule or a modification or a legislatively authorized
rule, either (1) by the direct electronic transmission of data to
a terminal in the office of the secretary of state, or (2) by the delivery to the secretary of state of a machine-readable copy of
the filing on a medium such as magnetic tape or disk, or the like,
which system shall be used in the process of filing proposed rules,
emergency rules, modifications and authorized rules with the
secretary of state. all rules and any associated documents that are
required by law to be filed pursuant to any statutory grant of
rulemaking authority and referenced in the state register.
The
secretary of state may grant exceptions to the requirement for
electronic filing in the case of agencies, boards or commissions
which do not have reasonable access to a compatible electronic
transmission system or a means of creating a machine-readable copy,
but, if an exception is granted, the secretary of state shall
create a machine-readable reasonable access to necessary technology
to provide an electronic copy. of proposed rule, emergency rule,
modification or authorized rule. The electronic filing required by
the provisions of this section shall not obviate any requirement
for the filing of printed paper copies of the proposed rule,
emergency rule, modification or authorized rule as may be required
by this chapter. The secretary of state is authorized to implement
the conversion of the filing of all rules and any associated
documents that appear in the state register
exclusively to an
electronic format. The secretary of state may initially institute
a limited pilot project of conversion to electronic format by
agreement with any agency, board or commission submitting proposed
new rules or amendments to existing rules in the year two thousand
ten. Participation by any agency, board or commission in this initial pilot project is voluntary. Beginning the first day of
July, two thousand eleven, all agencies, boards and commissions
having rulemaking authority
, unless otherwise authorized by the
secretary of state, shall file all
rules and any associated
documents that appear in the state register
exclusively in a
electronic format
as authorized by legislative rule of the
secretary of state
.
NOTE: The purpose of this bill is to authorize the Secretary
of State to convert the filings of all agency rules and related
documents in a electronic format; provides for a two year phase in
of the new system; and allows the Secretary of State to except
agencies and boards from the filing requirement if a hardship will
be placed on the agency or board.
This bill was recommended for introduction and passage by the
Joint Standing Committee on the Judiciary.
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