Relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to employment reference and inquiries and background checks
Summary
HB2287 is a rule authorization bill that would approve a legislative rule for the West Virginia Department of Agriculture concerning employment reference and inquiry procedures and background checks. The bill does not itself create a new standalone program or substantive employment policy; instead, it gives statutory authorization for the department to adopt and enforce the referenced administrative rule, identified as 61 CSR 20.
The measure specifically amends the state code section governing authorization for miscellaneous boards and agencies to promulgate legislative rules, thereby validating the Department of Agriculture’s rule as filed and later modified to address objections from the Legislative Rule-Making Review Committee. In practical terms, the bill allows the department to proceed with a formal rule governing how it handles employment references, inquiries, and background checks for positions under its authority.
Impact
If enacted, HB2287 would affect West Virginia administrative law by authorizing the Department of Agriculture to implement a legislative rule on employment references, inquiries, and background checks. The bill would not directly change general private-sector employment law, but it would govern hiring and screening practices within the department and any covered positions or applicants subject to the rule. It also confirms the rulemaking process by approving the revised rule after committee review.
Sentiment
Based on the bill text and the absence of recorded debate or votes in the provided materials, the overall sentiment appears procedural and neutral rather than controversial. The bill is framed as a routine authorization of an administrative rule, suggesting limited public-facing policy dispute. There is no evidence in the provided record of opposition, amendment controversy, or divided voting.
Contention
The only identifiable point of contention is the underlying administrative rule itself, which had previously drawn objections from the Legislative Rule-Making Review Committee and was revised before being refiled. That suggests the main issue was not the bill’s concept, but whether the Department of Agriculture’s rule on employment references and background checks was sufficiently acceptable in form and substance to receive legislative authorization. No specific stakeholder objections, committee debate, or floor opposition are included in the provided record.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education