
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2691
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Passed April 12, 2001; in effect from passage.]
AN ACT 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 economic development
authority to promulgate a legislative rule relating to the
general administration of the West Virginia capital company
act and establishment of the application procedures to
implement the act;
authorizing the division of natural
resources to promulgate a legislative rule relating to special
projects and grants for West Virginia state parks, state
forests and state wildlife management areas under the
division;
authorizing the division of natural resources to
promulgate a legislative rule relating to defining the terms
to be used concerning all hunting and trapping rules;
authorizing the division of natural resources to promulgate a
legislative rule relating to general hunting;
authorizing the
division of natural resources to promulgate a legislative rule
relating to special fishing;
authorizing the division of labor
to promulgate a legislative rule relating to the crane
operator certification act
; and
authorizing the division of
labor to promulgate a legislative rule relating to the crane
operator certification act-practical examination
.
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 THE BUREAU OF COMMERCE TO
PROMULGATE LEGISLATIVE RULES.
§64-10-1. Economic development authority.

The legislative rule filed in the state register on the
thirty-first day August, two thousand, under the authority of
section five, article one, chapter five-e of this code, 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 natural resources.
(a)
The legislative rule filed in the state register on the
thirtieth day of August, two thousand, 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 eighteenth day of October, two
thousand, relating to the division of natural resources (special
projects and grants for West Virginia state parks, state forests
and state wildlife management areas under the division, 58 CSR 34),
is authorized, with the following amendment:
"On page 1 subsection 2.1, following the words 'park, forest'
by inserting a comma and the words 'wildlife management'."
(b)
The legislative rule filed in the state register on the first day of September, two thousand, 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,
two thousand, relating to the division of natural resources
(defining the terms to be used concerning all hunting and trapping
rules, 58 CSR 46), is authorized.
(c)
The legislative rule filed in the state register on the
first day of September, two thousand, 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,
two thousand, relating to the division of natural resources
(general hunting, 58 CSR 49), is authorized.
(d) The legislative rule filed in the state register on the
twenty-fifth of August, two thousand, 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-second day of
September, two thousand, relating to the division of natural
resources (special fishing, 58 CSR 61), is authorized, with the following amendment:
On page 4, subdivision 4.1.10 by striking out the words
"Kanawha State Forest Pond" and inserting in lieu thereof the words
"Ellison Pond".
§64-10-3. Division of labor.
(a) The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section three, article three-d, 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 twenty-first day of December, two thousand,
relating to the division of labor (crane operator certification
act, 42 CSR 24), is authorized.
(b)
The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section three, article three-d, 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 twenty-first day of December, two thousand,
relating to the division of labor (crane operator certification
act-practical examination, 42 CSR 25), is authorized.