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House Bill 2670 History
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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2670
(By Delegates Brown, Miley, Burdiss,
Talbott and Overington)
(Originating in the Committee on the Judiciary)
[February 22, 2007]
A BILL
to amend and reenact article 10, chapter 64 of the code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the Department of
Commerce 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 Office of Miners Health, Safety
and Training to promulgate a legislative rule relating to
protective clothing and equipment
; authorizing the Office of
Miners Health, Safety and Training to promulgate a legislative
rule relating
to standards for certification of coal mine
electricians; authorizing the Bureau of Employment Programs to
promulgate a legislative rule relating to rules that prohibit
agencies from granting, issuing or renewing approval documents
with employing units in default with the Bureau of Employment
Programs
; authorizing the Division of Forestry to promulgate
a legislative rule relating to ginseng; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to commercial whitewater outfitters; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special boating rules; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to
deer hunting; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to wildlife disease
management; and authorizing the Division of Natural Resources
to promulgate a legislative rule relating
(public use of
campgrounds and recreation areas in West Virginia state
wildlife management areas under the Division of Natural
Resources
.
Be it enacted by the Legislature of West Virginia:
That article 10, chapter 64 of the code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Office of Miners Health Safety and Training.
(a) The legislative rule filed in the state register on the
twenty-seventh day of April, two thousand six, authorized under the
authority of section fifty-five, article two, chapter twenty-two-A,
of this code, modified by the Office of Miners Health Safety and
Training to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of January, two thousand seven, relating to the
Office of Miners Health Safety and Training (protective clothing
and equipment, 56 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section six, article seven, chapter twenty-two-A, of
this code, modified by the Office of Miners Health Safety and
Training to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
eighteenth day of January, two thousand seven, relating to the
Office of Miners Health Safety and Training (standards for
certification of coal mine electricians, 48 CSR 7), is authorized.
§64-11-2. Bureau of Employment Programs.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand six, authorized under the
authority of section six, article two, chapter twenty-one-A, of
this code, modified by the Bureau of Employment Programs to meet the objections of the legislative rule-making review committee and
refiled in the state register on the twelfth day of January, two
thousand seven, relating to the Bureau of Employment Programs
(rules that prohibit agencies from granting, issuing or renewing
approval documents with employing units in default with the Bureau
of Employment Programs, 96 CSR 1), is authorized.
§64-10-3. Division of Forestry.
The legislative rule filed in the state register on the
twenty-second day of June, two thousand six, authorized under the
authority of section three-a, article one-A, 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 twelfth day of January, two
thousand seven, relating to the Division of Forestry (ginseng, 22
CSR 1), is authorized.
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section twenty-three-a, article two, chapter twenty,
of this code, relating to the Division of Natural Resources
(commercial whitewater outfitters, 58 CSR 12), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (special
boating rules, 58 CSR 26), is authorized.
(c)
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 eighteenth day of December,
two thousand six, relating to the Division of Natural Resources
(deer hunting, 58 CSR 50), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 second day of November, two
thousand six, relating to the Division of Natural Resources
(wildlife disease management, 58 CSR 69), is authorized, with the
amendments set forth below:
On page 2, by striking subsection 2.5 and 2.6 and renumbering
the subsections accordingly; and,
One page 3, by striking subsection 4.1 and inserting the
following, "4.1. It is illegal to bait or feed cervids or other
wildlife in a containment area as determined by the Director and
established for the management, control or eradication of chronic
wasting disease. Provided, that captive cervids may be fed inside
cervid facilities permitted by the Division of Natural Resources.
(e) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand six, 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 second day of November, two
thousand six, relating to the Division of Natural Resources (public
use of campgrounds and recreation areas in West Virginia state
wildlife management areas under the Division of Natural Resources,
58 CSR 70), is authorized.