H. B. 4110
(By Delegates Morgan, Stephens, Hall,
Hartman, Householder, Howell, Nelson,
Snuffer, Staggers and Swartzmiller)
[Introduced January 18, 2012; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29A-3C-1 and §29A-3C-2, all relating to requiring agencies to review their legislative rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29A-3C-1 and §29A-3C-2, all to read as follows:
ARTICLE 3C. REVIEW, REPORTS, ETC. REQUIRED OF ALL AGENCIES.
29A-3C-1. Agency review, revision and report.
(a) Each agency shall review and revise its rules as often as necessary to ensure that its rules are correct and comply with statutory requirements. Each agency shall perform a formal review of its rules beginning January 1, 2013, and every four years, thereafter.
(b) Beginning May 1, 2013, and four years thereafter, the head of each agency shall complete a formal review of his or her agencies’ rules and file the report with the President of the Senate, the Speaker of the House of Delegates, the Governor and the Legislative Rule-making Review Committee. The report must specify any changes made to the agency’s rules as a result of the review and, when appropriate, recommend changes that will promote efficiency, reduce paperwork, or decrease costs to government and the private sector. In the review, each agency must:
(1) Identify and correct deficiencies in its rules;
(2) Clarify and simplify its rules;
(3) Delete obsolete or unnecessary rules;
(4) Delete rules that are redundant of statutes;
(5) Seek to improve efficiency, reduce paperwork, or decrease costs to government and the private sector;
(6) Contact agencies that have concurrent or overlapping jurisdiction to determine whether their rules can be coordinated to promote efficiency, reduce paperwork, or decrease costs to government and the private sector; and
(7) Determine whether the rules should be continued without change or should be amended or repealed to reduce the impact on regulated entities.
§29A-3C-2. Public comment review and report; objections.
(a) Public comments on reports may be provided by stating an objection to the information required in section one and identifying the entire rule or any subpart to which the objection relates, and shall be submitted in writing or electronically to the person designated in the report.
(b) A comment shall include facts upon which the objection is based, stating the precise information upon which a contrary evaluation of probable impact may be made.
© Comments shall be submitted by any interested person no later than June 1, 2013.
(d) The agency shall determine whether to sustain an objection based on the information provided with the objection and whether any further review of information available to the agency is necessary to correct its report.
(e) No later than twenty days after the date a comment is submitted, the agency shall publish in an amended report its determination of the objection.
(f) On or before July 1, 2013, the agency shall deliver to the committee a written certification by the agency head or designee verifying the completion of determinations of all comments under this subsection and of any report amendments.
NOTE: The purpose of this bill is to require all agencies to review their rules, file certain reports, and address objections.
Article 3C is new; therefore, it is completely underlined.