COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 192
(By Senators Ross, Anderson, Macnaughtan, Boley and
Buckalew)
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[Originating in the Committee on the Judiciary;
reported April 2, 1997.]
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A BILL to amend and reenact sections one and two, article ten,
chapter sixty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, 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
and 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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; authorizing the division of natural resources to promulgate a legislative rule relating to
fertility control of free roaming wildlife; 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 falconry; and authorizing the
manufactured housing construction and safety standards board
to promulgate a legislative rule relating to the board.
Be it enacted by the Legislature of West Virginia:
That sections one and 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
LEGISATIVE RULES.
§64-10-1. Division of natural resources.
(a) The legislative rule filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section five-d, article two,
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- seventh day of September, one thousand nine hundred ninety-six,
relating to the division of natural resources (fertility control of
free roaming wildlife, 58 CSR 66), is authorized.
(b) The legislative rule filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-six,
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- seventh day of September, one thousand nine hundred ninety-six,
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
sixteenth day of August, one thousand nine hundred ninety-six,
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- seventh day of September, one thousand nine hundred ninety-six,
relating to the division of natural resources (falconry, 58 CSR
65), is authorized.
§64-10-2. Manufactured housing construction and safety
standards board.
The legislative rule filed in the state register on the
fourteenth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section four, article nine,
chapter twenty-one of this code, modified by the manufactured housing construction and safety standards board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eleventh day of February, one
thousand nine hundred ninety-seven, relating to the manufactured
housing construction and safety standards board (manufactured
housing construction and safety standards board, 42 CSR 19), is
authorized, with the following amendments:
"On page two, section three, line fourteen, after the word
'authorized' by striking out the period and adding the following:
'with the amendments set forth below:
On page 20, subsection 10B.5, line two, after the word
'preparation' by inserting the words 'that cannot be performed
after the home is leveled as described in the initial home
placement evaluation form in 10B.4';
On page 20, subsection 10B.5, line two, by striking out the
word 'and' and by inserting in lieu thereof the word 'or';
On page 21, subsection 10B.6(b), line three, by striking out
the word 'the' and inserting in lieu thereof the word 'all';
On page 21, subsection 10B.6(b), line three, after the word
'installation', by inserting the words 'as set forth in subsection
3.21 of this rule'.
On page 23, subsection 13.1, line three, after the word
'standards', by striking out the word 'or' and inserting in lieu
thereof a comma;
On page 23, subsection 13.1, line three, after the word
licensees, by inserting a comma, and the words 'including, but not
limited to, warranty claims, matters concerning the installation of
the home and all matters covered by this rule';
On page 24, subsection 13.2, line four, after the word
'complaints' by adding the words 'Any Licensee may file a
complaint with the Board';
On page 24, subsection 13.4, line six, by striking the word
'may', and inserting in lieu thereof the word 'must';
On page 24, after the word distributor, by striking the word
'or' and inserting in lieu thereof a comma;
On page 24, subsection 13.4, line eight, after the word
'contractor', by adding the words 'or installer';
On page 24, subsection 13.6, line two, by striking out the
words 'federal or state manufactured housing standard' and
inserting in lieu thereof the words 'any matter within the Board's
jurisdiction as defined by this Rule';
On page 25, subsection 13.6, line one, by striking out the
words 'the Board's licensee it determines responsible', and
inserting in lieu thereof the words 'any and all responsible
licensees';
On page 25, subsection 13.6, line three, after the word
'violated' by adding the words 'If no standard has been violated it
shall be so noted in writing to all parties involved';
On page 25, subsection 13.6, line four, by striking the word
'the' and inserting in lieu thereof the word 'a';
And, on page 25, subsection 13.6, line four, after the word
'than' and by inserting the words 'thirty calendar days from
receipt of notice'."
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(NOTE: The purpose of this bill is to authorize the various
agencies under the Department of Commerce to promulgate legislative
rules.)