SB619 SFAT Carmichael 3-12

Bailey 7965

Senator Carmichael moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Senate Bill 619 -- A BILL to amend and reenact §29A-3-5 and §29A-3-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §29A-3-19 and §29A-3-20; and to amend said code by adding thereto a new section, designated §29A-3A-20, all relating to legislative rule-making; requiring agencies respond to public comments during the rule-making process; requiring five-year sunset provisions in all legislative rules newly promulgated by executive agencies; requiring five-year sunset provisions in all newly promulgated higher education legislative rules; requiring sunset provisions in all future modifications of rules promulgated by executive agencies; requiring sunset provisions in all future modifications of higher education legislative rules;  requiring agencies provide explanations as to why or why not public comments were incorporated into the rule; providing that failure of an agency to adequately explain why or why not public comments were incorporated into the rule is grounds for rejection of the rule; modifying submission of agency approved rules requirements; requiring additional information be included when an agency submits rules to the Legislative Rule-Making Review Committee; modifying what the Legislative Rule-Making Review Committee shall determine as part of its review of proposed legislative rules; authorizing the Legislative Rule-Making Review Committee recommend to the Legislature that a rule be rejected; providing Legislative Rule-Making Review Committee the authority to establish a procedure for timely review of all rules prior to expiration; requiring all executive agencies with rule-making authority review and evaluate all rules, guidelines, policies and recommendations with similar federal counterparts, make certain determinations, receive comments and submit a report to the Legislative Rule-Making Review Committee; and requiring each executive agency with rule-making authority review each of its rules, make certain determinations, and submit a report to the Legislative Rule-Making Review Committee.

Adopted

Rejected