ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 112
(Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan, original sponsors)
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[Passed March 11, 1995; in effect from passage.]
__________
AN ACT to amend chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated
article ten, relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating
thereto; the 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 the division of labor to promulgate legislative rules relating to the regulation
of trade, weights and measures, as modified; authorizing
the division of labor to promulgate legislative rules
relating to the West Virginia manufactured housing
construction and safety standards board, as modified;
authorizing the division of natural resources to
promulgate legislative rules relating to the recycling
assistance fund grant program, as modified; authorizing
the division of natural resources to promulgate
legislative rules relating to West Virginia wildlife
management areas, as modified and amended; authorizing the
division of natural resources to promulgate legislative
rules relating to special bear hunting regulations, as
modified; authorizing the division of natural resources to
promulgate legislative rules relating to wild boar
hunting, as modified; authorizing the division of natural
resources to promulgate legislative rules relating to
special fishing, as modified and amended; authorizing the
division of natural resources to promulgate legislative
rules relating to rules governing public use of West
Virginia state parks, state forests and state wildlife
management areas under the division of natural resources,
as modified and amended; and authorizing the division of
natural resources to promulgate legislative rules relating
to prohibitions when hunting and trapping, as modified and
amended.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article ten, to read
as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Division of labor.
(a) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, 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 third day of November, one
thousand nine hundred ninety-four, relating to the division of
labor (regulation of trade, weights and measures, 42 CSR 22),
are authorized.
(b) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, 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 third day of November, one
thousand nine hundred ninety-four, relating to the division of
labor (West Virginia manufactured housing construction and
safety standards board, 42 CSR 19), are authorized.
§64-10-2. Division of natural resources.
(a) The legislative rules filed in the state register on
the fourteenth day of July, one thousand nine hundred
ninety-four, 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 eighth day
of September, one thousand nine hundred ninety-four, relating
to the division of natural resources (recycling assistance fund
grant program, 58 CSR 43), are authorized.
(b) The legislative rules filed in the state register on
the twelfth day of August, one thousand nine hundred
ninety-four, 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 fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the division of natural resources (West Virginia wildlife
management areas, 58 CSR 6), are authorized with the following
amendments:
On page four, section 6.4.3, before the word "No" by
inserting "Except for persons who are under sixteen years of
age and who have a valid West Virginia hunting license,";
And,
On page four, section 6.4.3, by deleting the capital
letter "N" and substituting in lieu thereof the lower case "n."
(c) The legislative rules filed in the state register on
the twelfth day of August, one thousand nine hundred
ninety-four, 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 fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the division of natural resources (special bear hunting regulations, 58 CSR 11C), are authorized.
(d) The legislative rules filed in the state register on
the twelfth day of August, one thousand nine hundred
ninety-four, 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 fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the division of natural resources (wild boar hunting
regulations, 58 CSR 11G), are authorized.
(e) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, 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 fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the division of natural resources (special fishing rule, 58
CSR 21), are authorized with the following amendment:
On page four, section 58-21-5, paragraph 5.1.1, by
deleting the numeral "15" and inserting in lieu thereof the
numeral "13".
(f) The legislative rules filed in the state register on
the second day of December, one thousand nine hundred
ninety-four, 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 sixteenth
day of December, one thousand nine hundred ninety-four,
relating to the division of natural resources (rules governing public use of West Virginia state parks, state forests and
state wildlife management areas under the division of natural
resources, 58 CSR 58), are authorized with the following
amendment:
On page five, section 2.23, line four, before the word
"chartered" by inserting the word "A" and by deleting the
letter "s" at the end of the word "foundations".
(g) The legislative rules filed in the state register on
the twelfth day of August, one thousand nine hundred ninety-
four, 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 fourteenth day of October,
one thousand nine hundred ninety-four, relating to the division
of natural resources (prohibitions when hunting and trapping,
58 CSR 11B) are authorized with the following amendments:
On page two, by striking out section 3.5 and renumbering
the remaining sections;
In section 3.7, after the word "net" by inserting the word
"bait" and after the word "any" by inserting the word "deer";
And,
By striking out subsection 3.7.1 and renumbering the
remaining sections.