Bill Text: WV HB2851 | 2021 | Regular Session | Introduced
Bill Title: Relating to sunset provisions of legislative rules
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-02 - To House Government Organization [HB2851 Detail]
Download: West_Virginia-2021-HB2851-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2851
By Delegates Foster and Steele
[Introduced March 02, 2021;
Referred
to the Committee on Government Organization]
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; removing the five year sunset requirement for new legislative rules after initial five year sunset provision; requiring all legislative rules to sunset on July 1 of the applicable year effective July 1, 2021; authorizing the Secretary of State to modify all active legislative rules with sunset provisions in accordance with this requirement; and requiring the Secretary of State to file a notice of sunset in the State Register upon the expiration of a legislative rule.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. RULE MAKING.
§29A-3-19. Sunset provision in rules.
(b) Any legislative rule existing as of April 1, 2016,
that is thereafter modified amended pursuant to this article,
shall include a sunset provision 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 may
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 may 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 the legislative rule that is scheduled to sunset may not be amended or changed except for a new sunset date and 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) Effective July 1, 2021, each legislative rule subject to the provisions of this section shall have a termination date of July 1 of the applicable year. The Secretary of State shall modify each active legislative rule with a sunset provision and conform each rule to the provisions of this subsection.
(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.
NOTE: The purpose of this bill is to eliminate the requirement for all new legislative rules to have a five year sunset date after the initial five year sunset date, to allow the Secretary of State to conform all active legislative rules with a sunset provision to the requirements of this section, and requires the Secretary of State to file a notice of sunset in the State Register upon the expiration of a legislative rule within thirty days of its expiration. Finally, the bill requires that effective July 1, 2021, all legislative rules subject to the sunset provisions of this section shall have a termination date of July 1 of the applicable year.
This bill was recommended for passage during the 2021 legislative session by the Legislative Rule-Making Committee.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
