Senate Bill No. 364
(By Senators Ross, Anderson, Minard, Snyder, Unger and
Minear)
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[Introduced March 2, 2001; referred to the
Committee on
Natural Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact section three, article ten,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to 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.
Be it enacted by the Legislature of West Virginia:
That section three, 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.
§64-10-3. 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 amendment:
"On page three, section two, subsection 2.21, following
the comma after the words 'Berkeley Springs,' by
inserting the words 'Brush Creek Falls day-use area
managed by Pipestem State Park,' followed by a comma."
(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.
(m) 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.
NOTE: The purpose of this bill is to authorize 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.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring
indicates new language that would be added.