COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 310
(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported February 29, 2000.]
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A BILL to amend and reenact 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 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 the West Virginia office of coalfield community
development; authorizing the development office to
promulgate a legislative rule relating to the general
administration of the West Virginia capital company act;
establishment of the application procedures to implement the
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 steam
boiler operation; authorizing the division of natural
resources to promulgate a legislative rule relating to the
revocation of hunting and fishing licenses; authorizing the division of natural resources to promulgate a legislative
rule relating to boating; authorizing the division of
natural resources to promulgate a legislative rule relating
to special motorboating; authorizing the division of natural
resources to promulgate a legislative rule relating to the
public use of West Virginia state parks, state forests and
wildlife management areas under the division; 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 special bear
hunting; authorizing the division of natural resources to
promulgate a legislative rule relating to the recycling
assistance grant program; authorizing the division of
natural resources to promulgate a legislative rule relating
to general trapping; authorizing the division of natural
resources to promulgate a legislative rule relating to the
litter control grant program; authorizing the division of
natural resources to promulgate a legislative rule relating
to special fishing; authorizing the division of natural resources to promulgate a legislative rule relating to
lifetime hunting, trapping and fishing licenses; and
authorizing the division of natural resources to promulgate
a legislative rule relating to the issuance of hunting,
trapping and fishing licenses by telephone and/or other
electronic methods.
Be it enacted by the Legislature of West Virginia:
That 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.
§64-10-1. Development office.
(a) The legislative rule filed in the state register on the
eighteenth day of October, one thousand nine hundred ninety-nine,
under the authority of section twelve, article two-a, chapter
five-b of this code, relating to the development office (West
Virginia office of coalfield community development, 145 CSR 8),
is authorized, with the following amendments:
"On page three, section 145.8.4, by deleting subsection 4.1;
On page three, section 145.8.4, subsection 4.2, after the
words "by the operator within" by striking out "90" and inserting
in lieu thereof "60";
And,
On page three, section 145.8.4, by renumbering the remaining
paragraphs in the section."
(b) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, under
the authority of section five, article one, chapter five-e of
this code, modified by the West Virginia development office to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the seventeenth
day of September, one thousand nine hundred ninety-nine, relating
to the economic development authority (general administration of
the West Virginia capital company act; establishment of the
application procedures to implement the act, 117 CSR 1), is
authorized.
§64-10-2. Division of labor.
(a) The legislative rule filed in the state register on the
fourth day of August, one thousand nine hundred ninety-nine, 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 third
day of December, one thousand nine hundred ninety-nine, relating
to the division of labor (amusement rides and amusement
attractions safety act, 42 CSR 17), is authorized.
(b) The legislative rule filed in the state register on the
fourth day of August, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article three,
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 third
day of December, one thousand nine hundred ninety-nine, relating
to the division of labor (steam boiler inspection, 42 CSR 3), is
authorized.
§64-10-3. Division of natural resources.
(a) The legislative rule filed in the state register on the
fifth day of August, one thousand nine hundred ninety-nine,
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-
eighth day of September, one thousand nine hundred ninety-nine,
relating to the division of natural resources (revocation of
hunting and fishing licenses, 58 CSR 23), is authorized.
(b) The legislative rule filed in the state register on the
fifth day of August, one thousand nine hundred ninety-nine,
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-eighth day of September, one thousand nine hundred
ninety-nine, relating to the division of natural resources
(boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the state register on the
eighth day of September, one thousand nine hundred ninety-eight,
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 fourth day of May, one thousand nine hundred ninety-nine,
relating to the division of natural resources (special
motorboating, 58 CSR 27), is authorized with the following
amendments:
On page two, subdivision 3.1.1 after the word "Engineers;"
by striking out the word "and";
And,
On page two, subdivision 3.1.2 at the end of the subdivision
by changing the period to a semicolon and adding the word "and"
and a new subdivision, designated 3.1.3, to read as follows:
3.1.3. Beginning at the mouth of Fishing Creek at its
confluence with the Ohio River and extending upstream
approximately six-tenths (0.6) of a mile to the Route 2 Bridge.
This area is situated entirely within the boundaries of the City
of New Martinsville, West Virginia. The city of New
Martinsville, West Virginia, is responsible for purchasing,
placing and maintaining the No Wake Zone buoys and informational
signs. Signs shall meet the approval of the director. Any buoys
or other structures placed in the water shall conform to the U.S. Coast Guard Standards for Inland Rivers and, if they would
interfere with commercial river traffic, be approved by the U.S.
Army Corps of Engineers."
(d) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-nine,
authorized under the authority of section two, article five,
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-
third day of August, one thousand nine hundred ninety-nine,
relating to the division of natural resources (public use of West
Virginia state parks, state forests, wildlife management areas
under the division of natural resources, 58 CSR 31), is
authorized, with the following amendments:
On page 3, subsection 2.21 after the word "Springs" by
inserting the words "Brush Creek Falls".
(e) The legislative rule filed in the state register on the
eighth day of September, one thousand nine hundred ninety-eight,
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 fourth
day of May, one thousand nine hundred ninety-nine, 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
fifteenth day of January, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, relating to the division of natural
resources (special bear hunting, 58 CSR 48), is authorized.
(g) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
authorized by 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 twenty-eighth day of
December, one thousand nine hundred ninety-nine, relating to the
division of natural resources (recycling assistance grant
program, 58 CSR 5) is authorized, with the following amendment:
"On page four, subsection 4.1., in the first sentence after the word "through" by striking out the words "consultation with"
and inserting in lieu thereof the words "notification of";
On page four, subsection 4.1., in the second sentence after
the word "partnerships" by adding the word "corporations";
On page four, subsection 4.1., in the third sentence after
the words "for the" by adding the words "applicant to receive
priority for a grant";
And,
On page fourteen, subsection 9.1., in the first sentence
after the word "industry" by adding the words "solid waste
industry".
(h) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
authorized by section seven, article one, chapter twenty of this
code, relating to the division of natural resources (general
trapping regulations, 58 CSR 53), is authorized.
(i) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine,
authorized under the authority of section twenty-five, 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-eighth day of December, one thousand nine hundred
ninety-nine, relating to the division of natural resources
(litter control grant program, 58 CSR 6), is authorized.
(j) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
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
thirtieth day of August, one thousand nine hundred ninety-nine,
relating to the division of natural resources (special fishing,
58 CSR 61), is authorized.
(k) The legislative rule filed in the state register on the
fourteenth day of June, one thousand nine hundred ninety-nine,
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 twentieth day of July, one thousand nine hundred ninety-nine,
relating to the division of natural resources (lifetime hunting,
trapping and fishing licenses, 58 CSR 67), is authorized.
(l) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
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
thirtieth day of August, one thousand nine hundred ninety-nine,
relating to the division of natural resources (issuance of
hunting, trapping and fishing licenses by telephone and other
electronic methods, 58 CSR 68), is authorized.