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SB 281

Authorizing Department of Homeland Security to promulgate legislative rules

2026 Regular Session Introduced by Patricia Rucker

The bill expands and formalizes legislative rulemaking authority for DHS-related bodies (police, fire, emergency planning) under existing rules, with legislative oversight.

Chapter 215, Acts, Regular Session, 2026
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Bill Summary · SB 281

Summary of Senate Bill 281 (2026) – West Virginia

Purpose and intent

  • SB 281 authorizes certain agencies within the Department of Homeland Security to promulgate legislative rules and specifies how those rules interact with existing regulatory processes.
  • The bill also authorizes several specific DHS-related entities to adopt or modify legislative rules governing training, certification, fire code administration, emergency planning, and law enforcement procedures.
  • Overall aim: formalize and broaden the scope of rulemaking authority for specified DHS-related bodies, subject to Legislative Rule-Making Review Committee (LRMRC review and potential amendments by the Legislature).

Key provisions and changes

  • Authorizing agencies to promulgate legislative rules
    • The following entities are expressly authorized to promulgate legislative rules:
    • Governor's Committee on Crime, Delinquency, and Correction (law-enforcement training and certification standards; with a modification to an existing rule by striking the phrase “suspends or” in a specified subdivision).
    • Fire Commission (fire code).
    • State Emergency Response Commission (emergency planning and community right-to-know).
    • West Virginia State Police (two areas):
      • Career Progression System.
      • Contracted police or security services.
      • Member Grievance Procedure.
  • Rule authorization and conformity
    • Rules filed in the State Register (dates referenced for each rule) that were previously authorized and modified to meet LRMRC objections are expressly authorized under the bill.
    • The rules listed are:
    • 149 CSR 02 – Governor's Committee on Crime, Delinquency, and Correction (law-enforcement training and certification standards).
    • 87 CSR 01 – Fire Code (Fire Commission).
    • 55 CSR 01 – Emergency planning and community right-to-know (State Emergency Response Commission).
    • 81 CSR 03 – WV State Police Career Progression System.
    • 81 CSR 05 – Contracted police or security services.
    • 81 CSR 08 – WV State Police Member Grievance Procedure.
  • Legislative and procedural alignment
    • The bill acknowledges and formalizes rules previously filed, reviewed by the LR-MRC, and refiled to reflect objections and amendments.
    • It provides a framework whereby the Governor’s Committee on Crime, Delinquency, and Correction, Fire Commission, State Emergency Response Commission, and WV State Police may operate under legislative rules consistent with the amended codes.

Who is affected

  • State agencies and commissions within the Department of Homeland Security’s purview:
    • Governor's Committee on Crime, Delinquency, and Correction.
    • Fire Commission.
    • State Emergency Response Commission.
    • West Virginia State Police (including personnel in the Career Progression System, those involved with contracted police/security services, and members seeking to address grievances).
  • Law-enforcement personnel, fire safety officials, emergency planners, and officers/personnel involved in policing, training, certification, and disciplinary/grievance processes.
  • Entities subject to state fire code enforcement and emergency planning/disclosure requirements.

Procedural and timeline aspects

  • Effective date: The act is “in effect from passage,” following the enacted form (Chapter 215, Acts, Regular Session, 2026).
  • Legislative process: The bill reflects actions taken to modify and approve rules after review by the Legislative Rule-Making Review Committee (LRMRC), including amendments and refiled versions.
  • Enactment path: Originated in the Senate, passed both chambers, and received gubernatorial approval in March 2026, with official enactment dates noted in the action history.

Notes for readers

  • The bill does not create new agencies; it expands and confirms the rulemaking authority of existing DHS-related bodies.
  • It places these rules within the framework of legislativeRulemaking oversight, ensuring they are subject to legislative review and potential modification.
  • Specifics such as the exact rule text are referenced by CSR (Code of State Rules) numbers, corresponding to the officially filed rules.

Compiled from official sources — confirm details with the bill’s official record.

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