Bill-SOS, Trademark
H. B. 2374
(By Delegates Douglas, Hunt, Compton,
Faircloth, Linch and Riggs)
[Introduced March 3, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article nine,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the secretary of state to promulgate a
legislative rule relating to trademarks and service
marks.
Be it enacted by the Legislature of West Virginia:
That section two, article nine, 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 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND
BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-2. Secretary of state.
(a) The legislative rules rule filed in the state
register on the twelfth day of January, one thousand nine
hundred ninety-five, authorized under the authority of
section thirteen, article two, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-second day of June, one
thousand nine hundred ninety-five, relating to the
secretary of state (agencies designated to provide voter
registration services, 153 CSR 28), are is authorized.
(b) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-third day of January,
one thousand nine hundred ninety-six, relating to the
secretary of state (guidelines for the use of nicknames and
other designations on the ballot, 153 CSR 14), are is
authorized.
(c) The legislative rules rule filed in the state
register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the eighth day of December, one
thousand nine hundred ninety-five, relating to the
secretary of state (procedures for canvassing electronic
ballot elections using punch card or optical scan ballots,
153 CSR 18), are is authorized.
(d) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-fourth day of January,
one thousand nine hundred ninety-six, relating to the
secretary of state (absentee voting by military voters who
are members of reserve units called to active duty, 153 CSR
23), are is authorized.
(e) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-fourth day of January,
one thousand nine hundred ninety-six, relating to the
secretary of state (numbered divisions for the election of
circuit judges, 153 CSR 24), are is authorized.
(f) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section three, article two, chapter three of this code,
relating to the secretary of state (combined voter
registration and driver licensing fund, 153 CSR 25), are
is authorized.
(g) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section six, article one-a, chapter three of this code,
relating to the secretary of state (official election forms
and vendor authorization, 153 CSR 26), are is authorized.
(h) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand nine
hundred ninety-five, authorized under the authority of section six, article one-a, chapter three of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and refiled
in the state register on the twenty-fourth day of January,
one thousand nine hundred ninety-six, relating to the
secretary of state (procedures for handling ballots and
counting write-in votes in counties using punch card or
optical scan ballots, 153 CSR 27), are is authorized.
(i) The legislative rules rule filed in the state
register on the twenty-seventh day of July, one thousand
nine hundred ninety-five, authorized under the authority of
section six, article two, chapter twenty-nine-a of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day
of January, one thousand nine hundred ninety-six, relating
to the secretary of state (standard size and format for
rules and procedures for publication of the state register,
153 CSR 6), are is authorized, with the amendments set
forth below:
"On page ten, subsection 13.1, after the word 'format'
by inserting a comma and the words 'following all
formatting rules of the Secretary of State,';
On page ten, paragraph 13.1.b, by striking out the
word 'double' and inserting in lieu thereof the word
'high';
On page ten, after subparagraph 13.1.b.2, by adding a
new subsection to read as follows:
'13.2. If an agency does not comply with the
formatting as specified by the Secretary of State, the
electronic version will be refused and sent back for
correction to the agency'."
(j) The legislative rule filed in the state register
on the thirtieth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section ten,
article two, chapter forty-seven, of this code, modified by
the secretary of state to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the twenty-fourth day of October, one
thousand nine hundred ninety-six, relating to the secretary
of state (trademarks and service marks
, 153 CSR 29), areis
authorized.
NOTE: The purpose of this bill is to authorize the
Secretary of State to promulgate a legislative rules
relating to Trademarks and Service Marks
.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates
new language that would be added.