Bill Text: WV HB2330 | 2022 | Regular Session | Introduced

Bill Title: Relating to the Public Service Commission

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-12 - To House Government Organization [HB2330 Detail]

Download: West_Virginia-2022-HB2330-Introduced.html

WEST virginia legislature

2021 regular session


House Bill 2330

By Delegates Foster and Steele

[Introduced February 12, 2021; Referred to the Committee on Government Organization then the Judiciary]

A BILL to amend and reenact §29A-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; eliminating the commissions exemption from rulemaking requirements in Chapter 29A.

Be it enacted by the Legislature of West Virginia:


§29A-1-3. Application of chapter; limitations.

(a) The provisions of this chapter do not apply in any respect whatever to executive orders of the Governor, which orders to the extent otherwise lawful shall be effective according to their terms: Provided, That the executive orders shall be admitted to record in the state register when and to the extent the Governor deems suitable and shall be included therein by the Secretary of State when tendered by the Governor.

(b) Except as to requirements for filing in the state register, and with the Legislature or its rule-making review committee, provided in this chapter or other law, the provisions of this chapter do not apply in any respect whatever to the West Virginia Board of Probation and Parole, the Public Service Commission, the Board of Public Works sitting as such, and the secondary schools activities commission: Provided, That rules of such agencies shall be filed in the state register in the form prescribed by this chapter and be effective no sooner than 60 consecutive days after being so filed: Provided, however, That the rules promulgated by the state colleges and universities shall only be filed with the higher education governing boards: Provided further, That such agencies may promulgate emergency rules in conformity with §29A-3-15 of this code.

(c) The provisions of this chapter do not apply to rules relating to or contested cases involving the conduct of inmates or other persons admitted to public institutions, the open seasons and the bag, creel, size, age, weight and sex limits with respect to the wildlife in this state, the conduct of persons in military service or the receipt of public assistance. Such rules shall be filed in the state register in the form prescribed by this chapter and be effective upon filing.

(d) Nothing herein shall be construed to affect, limit or expand any express and specific exemption from this chapter contained in any other statute relating to a specific agency, but such exemptions shall be construed and applied in accordance with the provisions of this chapter to effectuate any limitations on such exemptions contained in any such other statute.

(e) All rules of the Public Service Commission shall be subject to legislative review and approval.


NOTE: The purpose of this bill is to eliminate the Public Service Commission’s exemption from provisions of Chapter 29A and to make all Public Service Commission rules subject to the Legislature’s review and approval.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.