HB 2567 Text

Introduced Version House Bill 2567 History

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WVC 29A-3-6 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.