HB 2718 Text

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HB2718 enr ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2718

( By Delegates Mahan, Palumbo,
Cann, Pino, Armstead and Overington )
[Passed April 8, 2005; in effect from passage.]

AN ACT 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 various executive or administrative agencies and the procedures relating thereto; 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 Economic Development Authority to promulgate a legislative rule relating to the high-growth business investment tax credit ; authorizing the Bureau of Employment Programs to promulgate a legislative rule relating to implementing the requirement that prohibits agencies from granting, issuing or renewing contracts, licenses, permits, certificates or other authority to conduct a trade, profession or business ; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act ; authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees ; authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters ; authorizing the Division of Natural Resources to promulgate a legislative rule relating to the commercial sale of wildlife ; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to the revocation of hunting and fishing licenses.

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. Economic development authority.
The legislative rule filed in the state register on the twenty-fourth day of August, two thousand four, under the authority of section nine, article thirteen-u, chapter eleven, of this code, modified by the Economic Development Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the first day of February, two thousand five, relating to the Economic Development Authority (high-growth business investment tax credit, 117 CSR 5), is authorized, with the following amendments:
On page three, section three, line 4, by striking all of sections 3.2.b., 3.2.c. and 3.2.c.1 and inserting in lieu thereof the following:
"3.2.b. The Authority may not allocate more than fifty thousand dollars of this tax credit to an eligible taxpayer in a fiscal year.
3.2.c. Any unused portion of the tax credit may be carried forward to succeeding taxable years until the expiration of the fourth taxable year after the taxable year in which the investment was made. The tax credit remaining thereafter is forfeited.";
and
On page three, section three, line 18, following the word "The" by striking the word "Statute" and inserting in lieu thereof the word "tax credit".
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the state register on the nineteenth day of March, two thousand four, under the authority of section six, article two, chapter twenty-one-a, of this code, modified by the Bureau of Employment Programs to meet the objections of the Legislative Rule-Making Review Committee and refiled in the state register on the seventeenth day of June, two thousand four, relating to the Bureau of Employment Programs (implementing the requirement that prohibits agencies from granting, issuing or renewing contracts, licenses, permits, certificates or other authority to conduct a trade, profession or business, 96 CSR 1), is authorized, with the following amendment:
On page five, section five, line 1, following the word "The" by striking the word "authorizing" and inserting the word "approval".
§64-10-3. Division of labor.
(a) The legislative rule filed in the state register on the twelfth day of August, two thousand four, 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 sixteenth day of February, two thousand five, relating to the Division of Labor (Elevator Safety Act, 42 CSR 21), is authorized, with the following amendments:
On page three, subdivision 6.1., after the words "private inspector may not" by striking out the words "provide inspection services to an elevator on which the inspector, his or her employer or employee of his or her employer has made repairs or provided routine maintenance" and inserting in lieu thereof the words "inspect repairs or routine maintenance work performed by the inspector, the inspector's employer or another employee of the inspector"s employer";
And,
On page three, subdivision 6.1., after the words "may enter into any" by inserting the words "state owned".
(b) The legislative rule filed in the state register on the twelfth day of August, two thousand four, under the authority of section twenty, article one, chapter forty-seven, 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 sixteenth day of February, two thousand five, relating to the Division of Labor (weights and measures calibration fees, 42 CSR 26), is authorized.
(c) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand four, under the authority of section four, article nine, chapter twenty-one, of this code, relating to the Division of Labor (West Virginia Manufactured Housing Construction and Safety Standards Board, 42 CSR 19), is authorized.

§64-10-4. Division of Natural Resources.

(a) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand four, under the authority of section twenty-three-a, article two, chapter twenty, of this code, relating to the Division of Natural Resources (commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the state register on the twenty-third day of August, two thousand four, under the authority of section seven, article one, chapter twenty, and section eleven, article two, chapter twenty, of this code, relating to the Division of Natural Resources (commercial sale of wildlife, 58 CSR 63), is authorized.
(c) The legislative rule filed in the state register on the twelfth day of August, two thousand four, under the authority of section seven, article one, 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 seventeenth day of November, two thousand four, relating to the Division of Natural Resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized.