ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 320
(By Senators Ross, Anderson, Bowman, Macnaughtan,
Boley and Buckalew)
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[Originating in the Committee on the Judiciary;
reported February 25, 1998.]
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A BILL to amend and reenact section one, article ten, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto two new sections, designated
sections three and four, all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
and 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 legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; authorizing division of natural
resources to promulgate legislative rules relating to
contracted law-enforcement services; authorizing division of
natural resources to promulgate legislative rules relating to
falconry; authorizing division of natural resources to
promulgate legislative rules relating to general hunting;
authorizing division of natural resources to promulgate
legislative rules relating to hunting and trapping
prohibitions; authorizing division of natural resources to
promulgate legislative rules relating to special boating rule
for Jennings Randolph lake; authorizing division of natural
resources to promulgate legislative rules relating to special
boating; authorizing division of natural resources to
promulgate legislative rules relating to special fishing;
authorizing division of natural resources to promulgate
legislative rules relating to special migratory bird hunting;
authorizing division of natural resources to promulgate
legislative rules relating to special waterfowl hunting;
authorizing division of labor to promulgate legislative rules
relating to occupational safety and health act; and authorizing board of miner training, education and
certification to promulgate legislative rules relating to
safety programs.
Be it enacted by the Legislature of West Virginia:
That section one, article ten, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that said article be further amended
by adding thereto two new sections, designated sections three and
four, all to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Division of natural resources.
(a) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section one-e, 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 September, one thousand nine hundred ninety-seven, relating
to the division of natural resources (contracted extraordinary law- enforcement services, 58 CSR 13), is authorized.
(b) The legislative rule filed in the state register on the
fifth day of December, one thousand nine hundred ninety-seven,
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- third day of January, one thousand nine hundred ninety-eight,
relating to the division of natural resources (falconry, 58 CSR
65), is authorized.
(c) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
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 August, one thousand nine hundred ninety-seven,
relating to the division of natural resources (general hunting, 58
CSR 49), is authorized.
(d) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, article one,
chapter twenty of this code, relating to the division of natural
resources (prohibitions when hunting and trapping, 58 CSR 47), is
authorized.
(e) The legislative rule filed in the state register on the
twenty-seventh day of June, one thousand nine hundred ninety-seven,
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 December, one thousand nine hundred ninety-seven, relating
to the division of natural resources (special boating rule for
Jennings Randolph lake, 58 CSR 29), is authorized.
(f) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section twenty-three, article
seven, chapter twenty of this code, relating to the division of
natural resources (special boating, 58 CSR 26), is authorized.
(g) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, article one,
chapter twenty of this code, relating to the division of natural
resources (special fishing, 58 CSR 61), is authorized.
(h) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
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 August, one thousand nine hundred ninety-seven,
relating to the division of natural resources (special migratory bird hunting, 58 CSR 56), is authorized.
(i) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
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 August, one thousand nine hundred ninety-seven,
relating to the division of natural resources (special waterfowl
hunting, 58 CSR 58), is authorized.
§64-10-3. Division of labor.
The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
under the authority of section six, article three-a, 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 first day of December, one
thousand nine hundred ninety-seven, relating to the division of
labor (West Virginia occupational safety and health act, 42 CSR
15), is authorized.
§64-10-4. Board of miner training, education and certification.
The legislative rule filed in the state register on the
fourteenth day of January, one thousand nine hundred ninety-seven,
under the authority of section six, 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 twenty-sixth day of November, one thousand nine
hundred ninety-seven, relating to the board of miner training,
education and certification (safety training program for
prospective surface coal miners in West Virginia, 48 CSR 3), is
authorized with the following amendments:
On page six, subsection 2.9, by striking out the subsection in
its entirety and inserting in lieu thereof the following:
2.9 Independent coal truck driver certification. a. Independent coal mine truck drivers who possess an
independent coal truck drivers' certification are not required to
complete the approved surface mining (40 hours) or underground
mining (80 hours) apprenticeship program nor must they possess a
coal miners certification in order to drive a coal truck on mine
property.
b. To obtain an independent coal truck driver's certificate,
a prospective independent coal truck driver must possess a first- aid card, a valid driver's license, and must successfully complete
an eight hour training course, prescribed by the Board of Miner
Training, Education, and Certification prior to taking the
examination. Successful completion means a score of at least 80
percent.
c. Persons who possess an independent coal truck driver's
certification are limited to driving coal trucks while on mine
property and are not to engage in reclamation work or other mining
activities. This experience will not be applicable toward a
miner's certificate.
And,
On page six, subsection 2.10, subpart b, line 3, after the
words "prior to" by striking out the words "June 1, 1995" and
inserting in lieu thereof the words "January 14, 1997".