Senate 961

WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 961

By Senators Willis and Thorne

[Reported February 20, 2026, from the Committee on the Judiciary]

A BILL to amend and reenact §29A-3-20 of the Code of West Virginia, 1931, as amended, relating to rule-making policies; providing that for every new rule proposed, at least two prior rules be identified for repeal; and eliminating the 2017 and 2020 reports to the Legislative Rule-Making Review Committee.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. RULE MAKING.

§29A-3-20. Executive review of agency rules, guidelines, policies, and recommendations.

(a) All executive agencies with rule-making authority shall:

(1) Review and evaluate all state rules, guidelines, policies, and recommendations under their jurisdiction that have similar federal rules, guidelines, policies, and recommendations;

(2) Determine whether the state rules, guidelines, policies and recommendations are more stringent than federal counterparts;

(3) Provide for a comment period for all rules, guidelines, policies, and recommendations; and

(4) Submit a report to the Joint Committee on Government and Finance and the Legislative Rule-Making Review Committee on or before November 1, 2017, which shall include:

(A) A description of the state rules, guidelines, policies and recommendations that are more stringent than federal counterparts; and

(B) Comments received from the comment period provided for in subdivision (3) of this subsection.

(b) Within four years of the enactment of this law, each executive agency with rule-making authority shall review all of its rules and determine whether the rules should be continued without change, modified or repealed. On or before July 1, 2020, each agency shall submit a report to the Legislative Rule-Making Review Committee which includes the following information for each rule under the agency’s jurisdiction:

(1) A description of the rule;

(2) A determination of whether the rule should continue without change, be modified or repealed; and

(3) The reasoning for said determination.

(b) Unless prohibited by law, whenever an executive agency publicly proposes for notice and comment or otherwise promulgates a new rule, it shall make a good faith effort to identify at least two existing rules that may be considered for repeal by the legislature in accordance with §29A-3-1a  and §29A-3A-2a of this code.