ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 284

(Senators Ross, Anderson, Bowman and Boley, original sponsors)

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[Passed March 11, 1999; in effect from passage.]

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AN ACT to amend and reenact section one, article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating 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 agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain agencies to promulgate legislative rules as amended by the Legislature; authorizing certain agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing the department of education and the arts, division of culture and history to promulgate a legislative rule relating to the certified local government program; and authorizing the department of education and the arts, division of culture and history to promulgate a legislative rule relating to standards and procedures for administering state historic preservation programs."

Be it enacted by the Legislature of West Virginia:
That article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two, to read as follows:
ARTICLE 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-2. Division of culture and history.
(a) The legislative rule filed in the state register on the twenty-eighth day of October, one thousand nine hundred ninety- seven, under the authority of section eight-d, article one, chapter twenty-nine of this code, modified by the division of culture and history to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, one thousand nine hundred ninety-eight, relating to the division of culture and history (certified local government program, 82 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-eighth day of October, one thousand nine hundred ninety- seven, under the authority of section eight-d, article one, chapter twenty-nine of this code, modified by the division of culture and history to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, one thousand nine hundred ninety-eight, relating to the division of culture and history (standards and procedures for administering state historic preservation programs, 82 CSR 2), is authorized.SB284 H JUD AM 3/5 #1
On page two, line eight, by striking everything following the enacting clause and inserting in lieu thereof, the following:
That section one, article four, 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 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-1. Division of culture and history.
(a) The legislative rule filed in the state register on the twenty-eighth day of October, one thousand nine hundred ninety- seven, under the authority of section eight-d, article one, chapter twenty-nine of this code, modified by the division of culture and history to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, one thousand nine hundred ninety-eight, relating to the division of culture and history (certified local government program, 82 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-eighth day of October, one thousand nine hundred ninety- seven, under the authority of section eight-d, article one, chapter twenty-nine of this code, modified by the division of culture and history to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of December, one thousand nine hundred ninety-eight, relating to the division of culture and history (standards and procedures for administering state historic preservation programs, 82 CSR 2), is authorized.