H. B. 2696
(By Delegates Stemple, Michael, Varner,
Stalnaker, Mezzatesta, Shaver and Williams)
[Introduced
January 27, 2003
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section four-b, article one, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the authority of
the commissioner of agriculture to increase certain fees to
cover the costs of certain services and removing certain
limitations.
Be it enacted by the Legislature of West Virginia:
That section four-b, article one, chapter nineteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF AGRICULTURE.
§19-1-4b. Authority of commissioner to increase certain fees by
rules or regulations.
The commissioner is hereby authorized to promulgate and adopt
rules and regulations, in accordance with the provisions of chapter twenty-nine-a of this code, fixing dues for permits, licenses,
certificates, registrations and laboratory tests when, in the
opinion of the commissioner, it becomes necessary to increase these
fees in order to cover the costs of providing the services involved
or issuing the permits, licenses, certificates or registrations
applicable. Provided, That this authority is granted only with
regard to the following sections and articles of this chapter and
may be exercised by the commissioner up to a maximum extent of
causing all such fees, as the same exists on the first day of
January, one thousand nine hundred eighty-four, to be doubled.
Section six, article two-a (permits for public markets);
section ten, article two-a (licensing of weighmen and auctioneers);
section eleven, article two-a (grading, classifying or
standardizing license); section fourteen, article two-a (testing
and inspection of livestock for infectious disease); section four,
article two-b (license for commercial slaughterer, etc.); section
six, article two-c (auctioneer license); section one, article three
(commission merchant license); section four, article five-a
(warehouse operations license); section two, article nine-a (permit
to feed garbage to swine); section three, article ten-a
(certificate to sell eggs); section five, article eleven (permit to
manufacture or purchase milk and cream); section nine, article
twelve (certificate of nurserymen, etc.); section six, article
fourteen (fees for feed inspection); section two, article fifteen (registration fee for commercial fertilizer); section four, article
fifteen (inspection fees for commercial fertilizers); section two,
article fifteen-a (registration of agricultural liming material);
section four, article fifteen-a (inspection fee for liming
material); section three, article sixteen (fee for sale of seeds);
and section four, article sixteen-a (fees for economic poisons
registration).
Any money collected by the commissioner as a result of any fee
increases pursuant to rule or regulation authorized by this section
shall be deposited in the same fund or funds with the state
treasurer and expended in the same manner as those fees collected
prior to the enactment of this section, except that fees collected
under authority of section six, article two-c shall be deposited
into the state treasury to the credit of a special fund for
implementation of the article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.