SB 517 — Relating to sunset provisions of legislative rules

SB517 HHFAT GOFOSTER AM #1 3-23 Jaclyn Schiffour 3289   TheDelegate CommitteeFoster on Government Organization moves to amend the bill by striking out everythingthe aftertitle theand enactingsubstituting clausetherefor anda insertingnew intitle, lieuto thereofread theas following:follows:

 Eng. “ARTICLE 3.

RULEMAKING.Senate Bill 517—A BILL to amend and reenact §29A-3-19 of the Code of West Virginia, 1931, as amended, relating to sunset provisions of legislative rules;

§29A-3-19.requiring new legislative rules to contain an sunset provision terminating the legislative rule on August of the fifth year following promulgation;

Sunsetremoving provisionthe infive-year rules.sunset requirement for new legislative rules after initial five-year sunset provision;

(a)requiring Anyall new legislative rulerules promulgated pursuant to this article after April 1, 2016, shall include a sunset provision terminating the rule on August 1 of the fifthapplicable yearyear; following its promulgation:

afterauthorizing fivean years.agency to file a technical amendment with the Secretary of State to correct sunset dates in accordance with this requirement;

Provided,and Thatrequiring the ruleSecretary mayof beState renewedto forfile additionala termsnotice of fivesunset yearsin or less by the LegislatureState pursuantRegister toupon the rule-makingexpiration proceduresof anda authoritylegislative inrule. this article:

Provided,  however,  That  ifAdopted aRejected different  sunset  or termination provision exists in the statute under which the proposed rule is promulgated, the enabling statute’s provision shall control:

Provided further, That this subsection shall not apply to rules promulgated by the Department of Environmental Protection or emergency rules promulgated pursuant to §29A-3-15 of this code.

(b) Any legislative rule existing as of April 1, 2016, that is thereafter modified amended pursuant to this article, shall include a sunset provision terminating the rule on August 1 of the applicable year as part of the modification amendment setting forth a termination date for the rule:

Provided, That the rule may be renewed for additional terms of years by the Legislature pursuant to the rule-making procedures and authority in this article:

Provided, however, That if a different sunset or termination provision exists in the statute under which the legislative rule is promulgated, the enabling statute’s provision controls:

Provided further, That this subsection shall not apply to legislative rules promulgated by the Department of Environmental Protection or emergency rules promulgated pursuant to §29A-3-15 of this code.

(c) The existence of a sunset provision terminating a legislative rule shall not preclude the repeal of the legislative rule by the Legislature prior to its termination.

(d) As part of its rule review under this article, the Legislative Rule-Making Review Committee may establish a procedure for timely review of a legislative rule prior to its termination for those agencies that have affirmatively sought renewal prior to expiration.

The procedure may include a requirement that the agency show cause as to why the terminating legislative rule is required and necessary to be continued for another term of years.

(e) The Secretary of State shall provide notice to the promulgating agency and the Legislative Rule-Making Review Committee at least 18 months prior to every legislative rule’s termination date.

The promulgating agency has 60 days from receipt of the notice to file the legislative rule with the Secretary of State and the Legislative Rule-Making Review Committee affirmatively seeking renewal of the legislative rule:

Provided, That, if the legislative rule that is scheduled to sunset may not be is not being amended or changed, except for a new sunset date, and the rule is not subject to the public comment period requirements contained in §29A-3-5 of this code.

The Legislative Rule-Making Review Committee, as part of its rule review under this article, may begin reviewing a legislative rule upon its filing.

(f)  Any agency that has promulgated a legislative rule with a sunset date prior to May 1 of the applicable year, may file a technical amendment with the Secretary of State for the purposes of establishing a sunset date of August 1 of the applicable year.

(g) The Secretary of State shall file a notice of sunset in the State Register within 30 days following the expiration of a legislative rule.”   Adopted Rejected