West Virginia 2022 Regular Session

West Virginia House Bill HB4114

Introduced
1/18/22  
Refer
1/18/22  
Engrossed
2/11/22  
Refer
2/14/22  
Refer
2/14/22  
Report Pass
2/15/22  
Enrolled
2/18/22  
Passed
3/2/22  

Caption

Authorizing certain agencies of the Department of Administration to promulgate legislative rules

Impact

By amending the existing Code of West Virginia, this bill builds a framework that offers defined authority to several departments to create rules that will enhance state administrative processes. The implications of this legislation could lead to more efficient governance and clearer guidelines on ethical standards within state agencies. Allowing the Ethics Commission to implement rules concerning nepotism could help mitigate conflicts of interest, striving for greater transparency in government operations.

Summary

House Bill 4114 seeks to authorize specific agencies under the Department of Administration in West Virginia to promulgate legislative rules. This includes new rules related to the Ethics Commission that address the use of office for private gain, specifically concerning nepotism. Additionally, the bill allows for the Division of Personnel to establish administrative rules and gives the Office of Technology the authority to introduce regulations regarding technology oversight and cyber reporting. The bill aims to streamline the legislative rule-making process for these agencies, ensuring they have the necessary authority to enforce regulations critical for operational governance.

Sentiment

General sentiment around HB 4114 appears to be neutral to positive, as it seeks to enhance the state's regulatory framework. Legislators supporting the bill likely view it as a means of improving governance and accountability within state agencies. However, there may be underlying concerns regarding the potential for overreach in rule-making powers, especially within sensitive areas like ethics and personnel management.

Contention

Notable points of contention may arise around the balance of power in rule-making between the legislature and the agencies. Critics might argue that the bill's provision could set a precedent for excessive administrative authority, particularly concerning ethical oversight, which can disproportionately impact community standards and public trust. The effectiveness and implementation of the legislative rules regarding nepotism and cyber reporting will also need careful oversight to avoid criticisms of governmental overreach.

Companion Bills

WV SB275

Similar To Ethics Commission rule relating to use of office for private gain, including nepotism

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