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Committee Substitute House Bill 2691 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR

H. B. 2691

(By Delegates Mahan, Wills, Cann, Kominar,

Faircloth and Riggs)


(Originating in the Committee on the Judiciary)

[April 3, 2001]

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; 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 economic development authority to promulgate a legislative rule relating to the general administration of the West Virginia capital company act and establishment of the application procedures to implement the act; authorizing the division of natural resources to promulgate a legislative rule relating to special projects and grants for West Virginia state parks, state forests and state wildlife management areas under the division; authorizing the division of natural resources to promulgate a legislative rule relating to defining the terms to be used concerning all hunting and trapping rules; authorizing the division of natural resources to promulgate a legislative rule relating to general hunting; authorizing the division of natural resources to promulgate a legislative rule relating to special fishing; authorizing the division of labor to promulgate a legislative rule relating to the crane operator certification act ; and authorizing the division of labor to promulgate a legislative rule relating to the crane operator certification act-practical examination .

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 THE BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Economic development authority.

The legislative rule filed in the state register on the thirty-first day August, two thousand, under the authority of section five, article one, chapter five-e of this code, relating to the economic development authority (general administration of the West Virginia capital company act; establishment of the application procedures to implement the act, 117 CSR 1), is authorized;
§64-10-2. Division of natural resources.
(a)
The legislative rule filed in the state register on the thirtieth day of August, two thousand, authorized under the authority of section two, article five, 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 October, two thousand, relating to the division of natural resources (special projects and grants for West Virginia state parks, state forests and state wildlife management areas under the division, 58 CSR 34), is authorized, with the following amendment:
"On page 1 subsection 2.1, following the words 'park, forest' by inserting a comma and the words 'wildlife management'."

(b)
The legislative rule filed in the state register on the first day of September, two thousand, 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-fifth day of October, two thousand, relating to the division of natural resources (defining the terms to be used concerning all hunting and trapping rules, 58 CSR 46), is authorized.
(c)
The legislative rule filed in the state register on the first day of September, two thousand, 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-fifth day of October, two thousand, 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 of August, two thousand, 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-second day of September, two thousand, relating to the division of natural resources (special fishing, 58 CSR 61), is authorized.
§64-10-3. Division of labor.
(a) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section three, article three-d, 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 twenty-first day of December, two thousand, relating to the division of labor (crane operator certification act, 42 CSR 24), is authorized.
(b)
The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section three, article three-d, 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 twenty-first day of December, two thousand, relating to the division of labor (crane operator certification act-practical examination, 42 CSR 25), is authorized.
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