SB 522 — Relating generally to Administrative Procedures Act

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 522 By Senator Maynard,Maynard original[Originating sponsorin [Passedthe MarchCommittee 6,on 2018;the Judiciary;

inReported effecton 90February days19, from2018] passage]     ANA ACTBILL to amend and reenact §29A-1-3b of the Code of West Virginia, 1931, as amended;

providing a procedure for the agencies to affirmatively seek renewal ofof  a legislative rule;

(a) No later than 40 days before the sixtieth day of each regular session of the Legislature, the cochairmen of the Legislativelegislative Rule-Making Review Committee shall submit to the clerk of the respective houses of the Legislature copies of all proposed legislative rules which have been submitted to, and considered by, the committee pursuant to the provisions of §29A-3-11 of this code and which have not been previously submitted to the Legislature for study, together with the recommendations of the committee with respect to such the rules, a statement of the reasons for any recommendation that a rule be amended or withdrawn, and a statement that a bill authorizing the legislative rule has been drafted by the staff of the committee or by Legislative Services pursuant to §29A-3-11 of this code.

The cochairmen of the committee may also submit such the rules at the direction of the committee at any time before or during a special session in which consideration thereof of the rules may be appropriate.

Beginning in 2019, the committee may withhold from its report any proposed legislative rule which was submitted to the committee fewer than 225 days before the end of the regular session after the last Friday in July and beginning in 2020, and every four years thereafter, by the last Friday in August.

The Legislature may, by act, authorize the agency to adopt a legislative rule incorporating the entire rule or may authorize the agency to adopt a rule with any amendments which the Legislature shall designate adopted by the Legislature.

The clerk of the house originating such the act shall forthwith immediately file a copy of any bill of authorization enacted with the Secretary of State and with the agency proposing such the rule and the clerk of each house may prepare and file a synopsis of legislative action during any session on any proposed rule submitted to the house during such the session for which authority to promulgate was not by law provided during such the session.

In acting upon the separate bills authorizing the promulgation of rules, the Legislature may, by amendment or substitution, combine the separate bills of authorization insofar as the various rules authorized therein in the amendment or substitution are proposed by agencies which are placed under the administration of one of the single, separate executive departments identified under the provisions of §5F-1-2 of this code or the Legislature may combine the separate bills of authorization by agency or agencies within an executive department.

In the case of rules proposed for promulgation by an agency which is not administered by an executive department pursuant to the provisions of article two of said chapter §5F-1-2 of this code, the separate bills of authorization for the proposed rules of that agency may, by amendment or substitution, be combined.

The foregoing These provisions relating to combining separate bills of authorization according to department or agency are not intended to restrict the permissible breadth of bills of authorization and do not preclude the Legislature from otherwise combining various bills of authorization which have a unity of subject matter.

(b) If the Legislature during its regular session disapproves all or part of any legislative rule which was submitted to it by the Legislative Rule-Making Review Committee during such the session, no an agency may not thereafter issue any rule or directive or take other action to implement such the rule or part thereof of the rule unless and until otherwise authorized to do so, except that the agency may resubmit the same or similar proposed rule to the Legislative Rule-Making Review Committee in accordance with the provisions of §29A-3-11 of this code.

(c) Nothing herein shall be construed to prevent the Legislature by law from authorizing, or authorizing and directing, an agency to promulgate legislative rules not proposed by the agency or upon which some procedure specified in this chapter is not yet complete.

(d) Whenever the Legislature is convened by proclamation of the Governor, upon his or her own initiative or upon application of the members of the Legislature, or whenever a regular session of the Legislature is extended or convened by the vote or petition of its members, the Legislature may by act enacted during such the extraordinary or extended session authorize, in whole or in part, any legislative rule, whether submitted to the Legislative Rule-Making Review Committee or not, if legislative action on such the rule during such the session is a lawful order of business.

(f) Whenever a date is required by this section to be computed in relation to the end of a regular session of the Legislature, such date shall be computed without regard to any extensions of such session occasioned solely by the proclamation of the Governor.

(g) Whenever a date is required to be computed from or is fixed by the first day of a regular session of the Legislature, it shall be computed or fixed in 1984, and each fourth year thereafter without regard to the second Wednesday of January of such years.

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

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

(d) As part of its rule review under this article, the Legislative Rule-Making Review Committee is authorized to may establish a procedure for timely review of rules a legislative rule prior to the expiration its termination for those agencies that have affirmatively sought renewal prior to expiration.expiration.  The procedure may include a requirement that the agency show cause as to why the expiring terminating legislative rule is required and necessary to be continued for another term of years.

(e) The procedureSecretary mayof includeState ashall requirementprovide thatnotice to the promulgating agency showand causethe asLegislative toRule-Making whyReview theCommittee terminatingat legislativeleast rule18 ismonths requiredprior and necessary to beevery continuedlegislative forrule’s anotherexpiration termtermination ofdate. 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.