Senate Bill No. 211
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Introduced January 29, 1996; referred to the
Committee on Natural Resources; and then to the
Committee on the Judiciary.]
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A BILL to amend and reenact section two, article ten,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the division of natural
resources to promulgate legislative rules relating
to the public use of campgrounds in West Virginia
state parks, state forests and state wildlife
management areas under the division of natural
resources.
Be it enacted by the Legislature of West Virginia:
That section two, article ten, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO
PROMULGATE LEGISLATIVE RULES.
§64-10-2. Division of natural resources.
(a) The legislative rules filed in the state
register on the fourteenth day of July, one thousand nine
hundred ninety-four, authorized under the authority of
section five-a, article eleven, 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 eighth
day of September, one thousand nine hundred ninety-four,
relating to the division of natural resources (recycling
assistance fund grant program, 58 CSR 43 5), are
authorized.
(b) The legislative rules filed in the state
register on the twelfth day of August, one thousand nine
hundred ninety-four, 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
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the division of natural
resources (West Virginia wildlife management areas, 58
CSR 6 43), are authorized with the following amendments:
On page four, section 6.4.3, before the word "No" by
inserting "Except for persons who are under sixteen years
of age and who have a valid West Virginia hunting
license,";
And,
On page four, section 6.4.3, by deleting the capital
letter "N" and substituting in lieu thereof the lower
case "n."
(c) The legislative rules filed in the state
register on the twelfth day of August, one thousand nine
hundred ninety-four, 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 fourteenth day of October, one thousand nine hundred
ninety-four, relating to the division of natural
resources (special bear hunting regulations, 58 CSR 11C
48), are authorized.
(d) The legislative rules filed in the state
register on the twelfth day of August, one thousand nine
hundred ninety-four, 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
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the division of natural
resources (wild boar hunting regulations, 58 CSR 11G 52),
are authorized.
(e) The legislative rules filed in the state
register on the fifteenth day of August, one thousand
nine hundred ninety-four, 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
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the division of natural
resources (special fishing rule, 58 CSR 21 61), are
authorized with the following amendment:
On page four, section 58-21-5, paragraph 5.1.1, by
deleting the numeral "15" and inserting in lieu thereof
the numeral "13".
(f) The legislative rules filed in the state
register on the second day of December, one thousand nine
hundred ninety-four, 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
sixteenth day of December, one thousand nine hundred
ninety-four, relating to the division of natural
resources (rules governing public use of West Virginia
state parks, state forests and state wildlife management
areas under the division of natural resources, 58 CSR 58
31), are authorized with the following amendment:
On page five, section 2.23, line four, before the
word "chartered" by inserting the word "A" and by
deleting the letter "s" at the end of the word
"foundations".
(g) The legislative rules filed in the state
register on the twelfth day of August, one thousand nine
hundred ninety-four, 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
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the division of natural
resources (prohibitions when hunting and trapping, 58 CSR
11B 47) are authorized with the following amendments:
On page two, by striking out section 3.5 and
renumbering the remaining sections;
In section 3.7, after the word "net" by inserting
the word "bait" and after the word "any" by inserting the
word "deer";
And,
By striking out subsection 3.7.1 and renumbering the
remaining sections.
(h) The legislative rules filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, 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-fifth day of October, one thousand nine hundred
ninety-five, relating to the division of natural
resources (rules governing public use of campgrounds in
West Virginia state parks, state forests and state
wildlife management areas under the division of natural
resources, 58 CSR 32), are authorized.
NOTE: The purpose of this bill is to authorize the
Division of Natural Resources to promulgate legislative
rules relating to the public use of campgrounds in West
Virginia state parks, state forests and state wildlife
management areas under the Division of Natural Resources.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.