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Committee Substitute House Bill 4220 History

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COMMITTEE SUBSTITUTE

for

H. B. 4220

 

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

(Originating in the Committee on the Judiciary)

 

[February 17, 2012]

 

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 Development Office to promulgate a legislative rule relating to brownfield economic development districts; authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to the certification of registered foresters; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a code of ethics; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - licensing; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - logger certification; authorizing the Division of Labor to promulgate a legislative rule relating to the Zipline and Canopy Tour Responsibility Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motor boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing.

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. Development Office.

    (a) The legislative rule filed in the State Register on the fifth day of July, two thousand eleven, authorized under the authority of section six-a, article two, chapter five-b, of this code, modified by the Development Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of December, two thousand eleven, relating to the Development Office (brownfield economic development districts, 145 CSR 11), is authorized.

    (b) The legislative rule filed in the State Register on the fourteenth day of July, two thousand eleven, authorized under the authority of section twenty-a, article thirteen-a, chapter eleven, of this code, modified by the Development Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of December, two thousand eleven, relating to the Development Office (use of coalbed methane severance tax proceeds, 145 CSR 13), is authorized, with the following amendment:

    On page one, section three, by striking out “W.Va. Code §11-12-1" and inserting in lieu thereof “W.Va. Code §7-12-1".

§64-10-2. Board of Registration for Foresters.

    (a) The legislative rule filed in the State Register on the third day of August, two thousand eleven, authorized under the authority of section six, article nineteen, chapter thirty, of this code, modified by the Board of Registration for Foresters to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand eleven, relating to the Board of Registration for Foresters (certification of registered foresters, 200 CSR 1), is authorized, with the following amendment:

    On page 1, subsection 1.1, after the words “rule establishes” by striking out the remainder of the sentence and inserting in lieu thereof the words “educational and experience requirements, approved job titles and continuing education requirements for foresters and forestry technicians, and meeting requirements for the board.”;

    On page 2, subsection 2.9, at the end of the subsection, by striking out the words “this article” and inserting in lieu thereof the words “W. Va. Code §30-19-1 et seq. and this rule.”;

    On page 2, in the first subsection 2.10, by striking out the word “Permitee” and inserting in lieu thereof the word “Permittee”, and at the end of the subsection, by striking out the words “this article” and inserting in lieu thereof the words “W. Va. Code §30-19-1 et seq. and this rule.”;

    On page 2, subsection 2.11, at the end of the subsection, by striking out the words “this article” and inserting in lieu thereof the words “W. Va. Code §30-19-1 et seq. and this rule.”;

    On page 2, in the second subsection 2.10, at the end of the subsection, by striking out the words “this article” and inserting in lieu thereof the words “W. Va. Code §30-19-1 et seq. and this rule.”;

    On page 2, by redesignating the second subsection 2.10 as subsection 2.12;

    On page 2, section 3, after the section heading, by striking out section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows:

§200-1-3. Applications.

    3.1. An applicant for certification as a registered forester shall submit evidence to the board of the following:

         3.1.a. A bachelor’s degree in forestry from a four year school, college or university accredited by the Society of American Foresters and at least two years of full-time equivalent work experience as a professional forester within the ten years preceding the date of filing an application for registration; or

         3.1.b. An associate’s degree from a two year technical forestry program recognized by the Society of American Foresters plus a bachelor’s degree in another natural science or business and at least four years of full-time equivalent work experience in the field of forestry acceptable to the board within the ten years preceding the date of filing an application for registration.

    3.2. An applicant for certification as a registered forestry technician shall submit evidence to the board of an associate’s degree from a two year technical forestry program recognized by the Society of American Foresters and at least four years of full-time equivalent work experience in the field of forestry acceptable to the board within the ten years preceding the date of filing an application for registration.

    3.3. All applicants must complete the application form provided by the Board and supply the following:

         3.3.a. Personal information;

         3.3.b. Educational information;

         3.3.c. Qualifying work experience;

         3.3.d. Verification of license, certification or other authority to practice from other state licensing boards, if applicable;

         3.3.e. Written responses to questions regarding criminal offenses;

         3.3.f. Written responses to questions regarding child support obligations; and

         3.3.g. Applicable fee or fees as provided in 200 CSR 4.”;

    On page 3, subsection 6.1, after the words “name and” by striking out the word “license” and inserting in lieu thereof the word “certification”;

    On page 4, subsection 6.7, by striking out the words “will automatically” and inserting in lieu thereof the words “will be automatically classified as”;

    On page 4, subsection 6.9, after the words “non-renewal of any” by striking out the word “license” and inserting in lieu thereof the word “certification” and after the words “return the certificate” by striking out the words “of registration”;

    On page 4, subsection 7.1, after the words “issuing of a certificate” by striking out the words “of registration”;

    On page 5, subsection 7.2, after the words “working toward eligibility for” by striking out the word “licensing” and inserting in lieu thereof the word “certification”, and after the words “leading to the issuance of a” by striking out the words “license and” and after the word “certificate” by striking out the words “of registration”;

    And,

    On page 6, subsection 10.1, after the words “To renew a” by striking out the word “license” and inserting in lieu thereof the word “certificate” and after the words “renewal or initial” by striking out the word “registration” and inserting in lieu thereof the word “certification” and after the words “The board shall not renew a” by striking out the word “license” and inserting in lieu thereof the word “certificate”.

    (b) The legislative rule filed in the State Register on the third day of August, two thousand eleven, authorized under the authority of section six, article nineteen, chapter thirty, of this code, modified by the Board of Registration for Foresters to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand eleven, relating to the Board of Registration for Foresters (schedule of fees, 200 CSR 4), is authorized, with the following amendments:

    On page 1, in the first subsection 2.2, after the word “fee” by striking out the word “for”;

    On page 1, in the second subsection 2.2, after the word “certification” by striking out the word “license”; and

    On page 1, section 2, by numbering the subsections of said section 2 sequentially.

    (c) The legislative rule filed in the State Register on the third day of August, two thousand eleven, authorized under the authority of section six, article nineteen, chapter thirty, of this code, modified by the Board of Registration for Foresters to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of December, two thousand eleven, relating to the Board of Registration for Foresters (code of ethics, 200 CSR 5), is authorized.

§64-10-3. Division of Forestry.

    (a) The legislative rule filed in the State Register on the twentieth day of July, two thousand eleven, authorized under the authority of section four, article one-b, chapter nineteen, of this code, relating to the Division of Forestry (sediment control during commercial timber-harvesting operations - licensing, 22 CSR 2), is authorized, with the following amendment: 

    On page two, section two, subsection 2.22, after “§19-1B-3e” by striking out the remainder of the subsection and inserting in lieu thereof the following: “includes all aspects of logging, including but not limited to severing and delimbing of trees, cutting of the delimbed tree into logs either at the point of severing or at a landing, the preparation of any skid and haul roads and the skidding or otherwise moving of logs to landings.”.

    (b) The legislative rule filed in the State Register on the twentieth day of July, two thousand eleven, authorized under the authority of section seven, article one-b, chapter nineteen, of this code, relating to the Division of Forestry (sediment control during commercial timber-harvesting operations - logger certification, 22 CSR 3), is authorized, with the following amendment: 

    On page two, section two, subsection 2.13, after the word “Operations”, by inserting the words “or the singular”.

§64-10-4. Division of Labor.

    (a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, authorized under the authority of section six, article fifteen, 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-fifth day of October, two thousand eleven, relating to the Division of Labor (Zipline and Canopy Tour Responsibility Act, 42 CSR 10), is authorized.

    (b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, authorized under the authority of section three, article ten, 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-fifth day of October, two thousand eleven, relating to the Division of Labor (Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand eleven, 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-fifth day of October, two thousand eleven, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized.

§64-10-5. Office of Miners’ Health Safety & Training.

    The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand eleven, authorized under the authority of section thirteen, article thirteen-bb, chapter eleven, of this code, modified by the Office of Miners’ Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-second day of November, two thousand eleven, relating to the Office of Miners’ Health, Safety and Training (application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act, 56 CSR 14), is authorized.

§64-10-6. Division of Natural Resources

    (a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized 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 twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (special boating, 58 CSR 26), is authorized.

    (b) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand eleven, 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-second day of September, two thousand eleven, relating to the Division of Natural Resources (special motorboating, 58 CSR 27), is authorized.

    (c) The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand eleven, authorized under the authority of section seven, article one, chapter twenty, of this code, relating to the Division of Natural Resources (hunting, trapping and fishing, 58 CSR 45A), is authorized.

    (d) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized 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 twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (defining the terms used in all hunting and trapping, 58 CSR 46), is authorized.

    (e) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized 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 twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.

    (f) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized 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 twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (general trapping, 58 CSR 53), is authorized, with the following amendment: 

    On page one, section three, subsection 3.2, in the first sentence, after the word “Areas” by adding “and State Forests”,

    And,

    On page one, section three, subsection 3.2, in the second sentence, after the word “Area” by adding “or State Forest”.

    (g) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand eleven, authorized 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 twenty-second day of September, two thousand eleven, relating to the Division of Natural Resources (special fishing, 58 CSR 61), is authorized.

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