COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 316
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Originating in the Committee on the Judiciary;
reported February 27, 2003.]
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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;
continuing rules previously promulgated by state agencies and
boards; legislative mandate or authorization for the
promulgation of certain legislative rules; 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 division of forestry to
promulgate legislative rule relating to sediment control
during commercial timber harvesting operations; logger
certification; authorizing division of forestry to promulgate
legislative rule relating to sediment control during
commercial timber harvesting operation; licensing; authorizing
development office to promulgate legislative rule relating to
community development assessment and real property valuation
procedures for office of coalfield development; authorizing
manufactured housing construction and safety standards board
to promulgate legislative rule relating to board; authorizing
division of labor to promulgate legislative rule relating to
elevator safety act; authorizing division of labor to
promulgate legislative rule relating to regulation of trade--
weights and measures; authorizing board of miner training,
education and certification to promulgate legislative rule
relating to standards for certification of coal mine
electricians; authorizing division of natural resources to
promulgate legislative rule relating to revocation of hunting
and fishing licenses; authorizing division of natural resources to promulgate legislative rule relating to special
boating; authorizing division of natural resources to
promulgate legislative rule relating to prohibitions when
hunting and trapping; authorizing division of natural
resources to promulgate legislative rule relating to deer
hunting; and authorizing division of natural resources to
promulgate legislative rule relating to commercial sale of
wildlife.
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.
The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand two, authorized under the
authority of section twelve, article two-a, chapter five-b of this
code, modified by the department of environmental protection to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the fourteenth day of January,
two thousand three, relating to the department of environmental
protection (community development assessment and real property
valuation procedures for office of coal field development, 145 CSR 8), is authorized.
§64-10-3. Division of labor.
(a) The legislative rule filed in the state register on the
ninth day of July, two thousand two, authorized under the authority
of section eleven, article three-c, 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 eighth day of November, two thousand two,
relating to the division of labor (elevator safety act, 42 CSR 21),
is authorized.
(b) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, authorized under the
authority of section three, article one, chapter forty-seven 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 eighth day of November, two thousand two,
relating to the division of labor (regulation of trade--weights and
measures, 42 CSR 22), is authorized.
§64-10-4. Manufactured housing construction and safety standards
board.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section four, article nine, chapter twenty-one of this
code, relating to the manufactured housing construction and safety standards board (West Virginia manufactured housing construction
and safety standards board, 42 CSR 19), is authorized.
§64-10-5. Division of natural resources.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, 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 first day of October, two
thousand two, 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
twenty-sixth day of July, two thousand two, authorized under the
authority of section twenty-two, article seven, chapter twenty of
this code, relating to the division of natural resources (special
boating, 58 CSR 26), is authorized.
(c) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, 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 legislature rule-making review committee and
refiled in the state register on the twenty-seventh day of
September, two thousand two, relating to the division of natural resources (prohibitions when hunting and trapping, 58 CSR 47), is
authorized with the following amendment:
On page six, section five, line twenty-one, after the word
"authorized" by striking out the period and inserting in lieu
thereof a coma and the words "with the following amendment:
On page 2, by striking out all of subdivision 3.6.1 and
inserting in lieu thereof a new subdivision 3.6.1, to read as
follows:
3.6.1. It is illegal to take, or attempt to take, by the aid
of baiting any game animal or game bird on any public lands at any
time.
And,
On page 3, by striking out all of subdivision 3.15.2 and
inserting in lieu thereof a new subdivision 3.15.2, to read as
follows:
3.15.2. The applicant shall authorize, by written release, his
or her medical provider to disclose to the director of the Division
of Natural Resources and the medical provider shall, upon receipt
of the written release, disclose to the director of the Division of
Natural Resources, that portion of the applicant's medical records
which substantiates the applicant's physical impairment qualifying
the applicant for the issuance of a special permit for use of a
modified bow. The director shall: restrict access to medical
records submitted to him or her; maintain the records in a secure locked cabinet; and not share this information with other federal,
state or local agencies or entities, or any register or data bank."
(d) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, 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, two thousand two, relating to the division of natural
resources (deer hunting, 58 CSR 50), is authorized.
(e) The legislative rule filed in the state register on the
eighteenth day of November, two thousand two, authorized under the
authority of section eleven, 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-third day of December,
two thousand two, relating to the division of natural resources
(commercial sale of wildlife, 58 CSR 63), is authorized with the
amendment set forth below:
"On page 4 by striking out all of Subsection 4.7 and
renumbering the remaining subsection".
§64-10-6. Division of forestry.
(a) The legislative rule filed in the state register on the
twenty-third day of July, two thousand two, under the authority of section four, article one-b, chapter nineteen of this code,
modified by the division of forestry to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifth day of December, two thousand two, relating
to the division of forestry (sediment control during commercial
timber harvesting operations - logger certification, 22 CSR 3), is
authorized.
(b) The legislative rule filed in the state register on the
twenty-third day of July, two thousand two, under the authority of
section four, article one-b, chapter nineteen of this code,
modified by the division of forestry to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifth day of December, two thousand two, relating
to the division of forestry (sediment control during commercial
timber harvesting operations - logger certification, 22 CSR 3), is
authorized.
§64-10-7. Board of miner training, education and certification.
The legislative rule filed in the state register on the
thirteenth day of September, two thousand one, under the authority
of section five, article seven, chapter twenty-two-a of this code,
modified by the board of miner training, education and
certification to meet the objections of the legislative rule-making
review committee and refiled in the state register on the thirty-
first day of May, two thousand two, relating to the board of miner training, education and certification (standards for certification
of coal mine electricians, 48 CSR 7), is authorized.