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Enrolled Version - Final Version House Bill 2626 History

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HB2626 SUB ENR
ENROLLED

COMMITTEE SUBSTITUTE

for

H. B. 2626


(By Delegates Brown, D. Poling, Fleischauer and Talbott)


[Passed March 9, 2011; in effect from passage.]


A BILL to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Workforce West Virginia to promulgate a legislative rule related to the employer violator system, (96 CSR 3); authorizing the Division of Natural Resources to promulgate legislative rules relating to special motorboating regulations, (58 CSR 27), prohibitions when hunting and trapping, (58 CSR 47), and general hunting, (58 CSR 49); authorizing the Division of Labor to promulgate legislative rules relating to the Elevator Safety Act, (42 CSR 21), supervision of elevator mechanics and apprentices, (42 CSR 21A), the Crane Operator Certification Act, (42 CSR 24), and the Crane Operator Certification Act - practical examination, (42 CSR 25).

Be it enacted by the Legislature of West Virginia:
That article 10, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Workforce West Virginia.
The legislative rule filed in the state register on the twenty-fourth day of September, two thousand nine, authorized under the authority of section four, article one, chapter twenty-one-a, of this code, modified by Workforce West Virginia to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand ten, relating to Workforce West Virginia (employer violator system, 96 CSR 3), is authorized.
§64-10-2. Division of Natural Resources.
(a) The legislative rule filed in the state register on the twenty-ninth day of June, two thousand ten, authorized under the authority of section twenty-three, article seven, chapter twenty, of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of July, two thousand ten, relating to the Division of Natural Resources (special motorboating regulations, 58 CSR 27), is authorized.
(b) The legislative rule filed in the state register on the twenty-second day of July, two thousand ten, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.
(c) The legislative rule filed in the state register on the twenty-second day of July, two thousand ten, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (general hunting, 58 CSR 49), is authorized.
§64-10-3. Division of Labor.
(a) The legislative rule filed in the state register on the thirtieth day of July, two thousand ten, authorized under the authority of section eleven, article three-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-third day of September, two thousand ten, relating to the Division of Labor (Elevator Safety Act, 42 CSR 21), is authorized.
(b) The legislative rule filed in the state register on the thirtieth day of July, two thousand ten, authorized under the authority of section eleven, article three-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-third day of September, two thousand ten, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized.
(c) The legislative rule filed in the state register on the twenty-third day of July, two thousand ten, authorized under the authority of section three, article three-d, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-third day of September, two thousand ten, relating to the Division of Labor (Crane Operator Certification Act, 42 CSR 24), is authorized
with the following amendment:
On page five, subdivision 5.5(a) after the words "as required by", by striking the words "paragraph 4.5.1(f)" and inserting in lieu thereof the words "subdivision 5.1(f)"
;
And,
On page eight, subsection 7.3, by striking out "25-5" and inserting in lieu thereof "25-4".
(d) The legislative rule filed in the state register on the twenty-third day of July, two thousand ten, authorized under the authority of section three, article three-d, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the twenty-third day of September, two thousand ten, relating to the Division of Labor (Crane Operator Certification Act - practical examination, 42 CSR 25), is authorized.
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