ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2670
(By Delegates Brown, Miley, Burdiss,
Talbott and Overington)
[Passed March 10, 2007; in effect from passage.]
AN ACT 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 requiring agencies
to revoke or not grant issue or renew approval documents with
employing units on the Bureau's default list; 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 to 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 DEPARTMENT 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 six, article two, chapter twenty-two-a,
section thirty-eight, article two, chapter twenty-two-a and 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 with the following amendments:
On page one, subsection 1.1., by striking out the words "these
emergency rules" and inserting in lieu thereof the words "this
rule";
On page one, subsection 2.1., by striking out the word
"State's" and inserting in lieu thereof the word "state's";
On page one, subsection 2.1., line four, by striking out the
words "these legislative rules" and inserting in lieu thereof the
words "this rule";
On page two, subsection 2.2., by striking out the words "these
rules" and inserting in lieu thereof the words "this rule";
On page two, subsection 3.1., by striking out the words "as
they are defined" and inserting in lieu thereof the word "used";
On page two, subsection 3.2., by striking out the words "shall
mean" and inserting in lieu thereof the word "means";
On page two, subsection 3.3., by striking out the words "shall
herein refer" and inserting in lieu thereof the word "means";
On page three, subsection 4.1., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
On page four, subsection 5.2., by striking out "department of
labor" and inserting in lieu thereof "Department of Labor";
On page four, subsection 5.2., after the word "Provided," by
striking out "However,";
On page four, subsection 5.3., line three, after the word
"training" by striking out the comma and the word "provided" and
inserting in lieu thereof a colon and the words "Provided, That"
and by striking out the word "manufacturers" and inserting in lieu
thereof the word "manufacturers'";
On page four, subsection 5.3., after the words "limited to" by
changing the semi-colon to a colon;
On page five, subsection 6.1., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
On page five, subsection 6.2., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
On page eight, subparagraph 6.10.4.a.1., by striking out §56-
4-6" and inserting in lieu thereof "56 CSR 4-6";
On page nine, subsection 6.14., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
On page nine, by striking out subsection 6.15. in its
entirety;
On pages ten and eleven, by striking out subsection 7.4. in its entirety;
On page eleven, by redesignating subdivision 8.1.1. as
subsection 8.2. and redesignating the remaining subsections
accordingly;
On page eleven, by redesignating subdivision 8.3.1. as
subsection 8.5. and redesignating the remaining subsections
accordingly;
On page fifteen, subsection 8.13., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
On pages fifteen and sixteen, by striking out subsection 8.15.
in its entirety;
On page seventeen, subsection 9.10., by striking out the words
"these rules" and inserting in lieu thereof the words "this rule";
And,
On page twenty, by striking out subsection 9.18. in its
entirety.
(b) The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of sections six and thirty-eight, article one, 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,
with the following amendments:
"On page three, subsection 4.1., by striking out the words
"Section 8.2.1." and inserting in lieu thereof the words "8.3";
On page four, section five, by designating the last two
paragraphs of the section as subsections 5.2. and 5.3.,
respectively;
On page four, section six, by designating the second paragraph
of the section as subsection 6.2. and by redesignating the
following subsection accordingly;
On page five, section six, by designating the last paragraph
of the section as subsection 6.4.;
On page five, subsection 8.1., by striking out the words
"Section 8.2.1." and inserting in lieu thereof the words "Section
8.3";
On pages five and six, by striking out subdivision 8.2.1. in
its entirety and inserting in lieu thereof the following:
"8.3. Criteria and standards for alternative electrical
training programs must be adopted by unanimous approval of the
Director and the Board of Miner Training, Education and
Certification. An alternative electrical training program will not
become effective until approved by the Secretary of State as an
emergency rule or by the Legislature as an amendment to this rule."
and redesignating the remaining subsection accordingly;
And,
On page six, section nine, by designating the last paragraph
of the section as subsection 9.3.".
§64-10-2. 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
(requiring state agencies to revoke or not to grant, issue or renew
approval documents with employing units on the bureau's default
list, 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, with the following amendments:
On page two, section three, by striking out "3.1.";
On page three, by redesignating subdivision 6.1.1. as
subsection 6.2. and by redesignating the remaining subsections
accordingly;
On page four, section seven, by striking out "7.1.;
On page four, section eight, by striking out "8.1.;
On page five, by redesignating subdivision paragraph 9.2.2.1. as subdivision 9.2.2.;
On page five, section ten, by striking out "10.1.;
On page six, section eleven, by striking out "11.1.;
And,
On page six, subsection 13.2., after the words "Freedom of
Information Act" by striking out the remainder of the subsection
and inserting in lieu thereof the following: "as having a
significant commercial value to the extent permitted by W. Va. Code
§29B-1-4(1).".
§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:
On page 2, subsection 2.3, line eight, after the word
"landscape" and the period, by striking the remainder of the
subsection and inserting in lieu thereof, the following: "The
Director shall, at least annually after the establishment of a
containment area, review and evaluate any and all new information
relating to wildlife disease epidemiology and surveillance to
determine whether any such designation of a containment area should
be modified or rescinded and shall report these findings to the
Natural Resources Commission. Prior to the establishment of a
containment area, the Director shall consult with:
2.3.a. wildlife biologists within the Wildlife Resources
Section that are knowledgeable of wildlife diseases;
2.3.b. a Department of Agriculture veterinarian knowledgeable
of wildlife diseases;
2.3.c. conservation officers familiar with local and regional landscape features; and
2.3.d. the Natural Resources Commission.";
And,
One page 3, by striking subsection 4.1 and inserting the
following, "4.1. It is illegal to 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, bovine tuberculosis, avian influenza or other wildlife
diseases. Provided, that song and insectivorous birds may be fed
so long as the person or persons feeding the same shall not do so
in a manner that causes a congregation of cervids or other wildlife
or in a manner that said person or persons reasonably should have
known would cause a congregation of cervids or other wildlife
Provided further, 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, with the following amendments:
On page one, subsection 2.2., by striking out the word "shall" and inserting in lieu thereof the word "may";
On page two, section three, by striking out "3.1.";
On page two, subsection 2.18., by striking out the word
"shall" and inserting in lieu thereof the word "may";
And,
On page two, by striking out subsection 3.2. in its entirety.